HOUSE BILL No. 4972

 

June 16, 2005, Introduced by Reps. Steil, Sheen and Drolet and referred to the Committee on Tax Policy.

 

     A bill to amend 1975 PA 228, entitled

 

"Single business tax act,"

 

(MCL 208.1 to 208.145) by adding section 35d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 35d. (1) For tax years that begin on or after January 1,

 

2006, a taxpayer that is an industrial processor or a research and

 

development company may claim a credit equal to 35% of the property

 

taxes paid in the tax year by the taxpayer on tangible personal

 

property used for industrial processing, including research or

 

experimental activities. Except as otherwise provided in subsection

 

(9)(a), tangible personal property used by an industrial processor

 

or research and development company for industrial processing

 

includes property described in section 4t(4) of the general sales

 

tax act, 1933 PA 167, MCL 205.54t, and excludes property described


 

in section 4t(5) of the general sales tax act, 1933 PA 167, MCL

 

205.54t.

 

     (2) Personal property taxes paid on any tangible personal

 

property, including property used for industrial processing or

 

research or experimental activities, that has as its primary

 

purpose the support of sales at retail of tangible personal

 

property, other than sales to employees, or other commercial

 

activities shall not be used in the calculation of the credit under

 

subsections (4) to (6).

 

     (3) To qualify for the credit under this section for an item

 

of tangible personal property, a taxpayer that is otherwise

 

eligible to claim the credit allowed under this section shall file

 

within the time required the statement of personal property

 

described in section 19 of the general property tax act, 1893 PA

 

206, MCL 211.19, for that item of tangible personal property used

 

for industrial processing or for a research or experimental

 

activity for the location at which the tangible personal property

 

that is the basis of the credit allowed under this section is

 

located. Taxpayers shall claim and calculate the credit in the

 

manner prescribed in subsections (4) to (6).

 

     (4) For a taxpayer that is an industrial processor whose only

 

significant business activity is industrial processing and

 

activities that support its industrial processing, the amount of

 

personal property taxes used to calculate the credit allowed under

 

subsection (1) shall be 90% of the personal property taxes paid and

 

reported on personal property by the industrial processor.

 

     (5) A taxpayer that is an industrial processor that is not


 

subject to subsection (4) or (6) shall complete and file within the

 

time required by section 19 of the general property tax act, 1893

 

PA 206, MCL 211.19, statements of personal property separately for

 

both the property used for industrial processing and property used

 

for other purposes and shall claim the credit as provided in

 

subsection (1) on personal property used for industrial processing

 

and separately reported as required by this subsection.

 

     (6) A taxpayer that is a research and development company

 

shall complete and file within the time required the statement of

 

personal property described in section 19 of the general property

 

tax act, 1893 PA 206, MCL 211.19, separately for the property used

 

for research or experimental activities and the property used for

 

other purposes and shall calculate the credit allowed under

 

subsection (1) based on taxes paid for research or experimental

 

property and separately reported as required in this subsection.

 

     (7) If the credit allowed under this section exceeds the tax

 

liability of the taxpayer for the tax year, the excess shall be

 

refunded to the taxpayer. The state treasurer shall establish a

 

reserve account in the department to fund and provide for payment

 

of the amount of refunds for credits under this section that are

 

attributable to the fiscal years ending in the tax years for which

 

credits are claimed.

 

     (8) An affiliated group as defined in this act, a controlled

 

group of corporations as defined in section 1563 of the internal

 

revenue code and further described in 26 CFR 1.414(b)-1 and

 

1.414(c)-1 to 1.414(c)-5, or an entity under common control as

 

defined by the internal revenue code shall not claim the credit


 

allowed by this section as a research and development company

 

unless the business activities of the entities are consolidated for

 

the purpose of determining whether the taxpayer is a research and

 

development company. For purposes of this subsection, business

 

activities include all activities within and outside of this state.

 

     (9) As used in this section:

 

     (a) "Industrial processing" means that term as defined in

 

section 4t(7)(a) of the general sales tax act, 1933 PA 167, MCL

 

205.54t, and described in section 4t(3) of the general sales tax

 

act, 1933 PA 167, MCL 205.54t, and excludes those activities

 

described in section 4t(6) of the general sales tax act, 1933 PA

 

167, MCL 205.54t, except that for purposes of this section,

 

industrial processing includes tangible personal property used for

 

the receiving and storage of materials purchased by an industrial

 

processor or used at a fixed location for the preservation,

 

maintenance, warehousing, or shipping of a finished good.

 

     (b) "Industrial processor" means that term as defined in

 

section 4t(7)(b) of the general sales tax act, 1933 PA 167, MCL

 

205.54t, but does not include a public utility.

 

     (c) "Property taxes" means a tax levied under any of the

 

following acts:

 

     (i) The general property tax act, 1893 PA 206, MCL 211.1 to

 

211.157.

 

     (ii) 1974 PA 198, MCL 207.551 to 207.572.

 

     (iii) The obsolete property rehabilitation act, 2000 PA 146, MCL

 

125.2781 to 125.2797.

 

     (d) "Research or experimental activities" means that term as


 

defined in section 4t(7)(e) of the general sales tax act, 1933 PA

 

167, MCL 205.54t.

 

     (e) "Research and development company" means a taxpayer that

 

is exclusively performing research or experimental activities.