SENATE BILL No. 393

 

 

April 19, 2005, Introduced by Senators OLSHOVE, BARCIA, BERNERO, BRATER and PATTERSON and referred to the Committee on Commerce and Labor.

 

 

 

     A bill to amend 1967 PA 281, entitled

 

"Income tax act of 1967,"

 

(MCL 206.1 to 206.532) by adding section 272.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 272. (1) For tax years that begin after December 31,

 

2005, a taxpayer with modified adjusted gross income of less than

 

$51,000.00 for a single return or less than $103,000.00 for a joint

 

return may claim a credit against the tax imposed by this act equal

 

to 10% of the first $10,000.00 of eligible expenses paid in the tax

 

year for courses that will lead to a postsecondary degree or that

 

are taken to acquire or improve the taxpayer's job skills at an

 

eligible educational institution.

 

     (2) For the 2006 tax year and each tax year after the 2006 tax

 

year, the maximum amounts of adjusted gross income under subsection


 

(1) shall be adjusted by the percentage increase in the United

 

States consumer price index for the immediately preceding calendar

 

year.

 

     (3) Money from any other source used to pay for eligible

 

expenses shall not be used to calculate the credit under this

 

section.

 

     (4) Amounts deducted under any other section of this act or

 

the single business tax act, 1975 PA 228, MCL 208.1 to 208.145,

 

shall not be used to calculate the credit under this section.

 

     (5) If the amount of the credit allowed under this section

 

exceeds the tax liability of the taxpayer for the tax year, that

 

portion of the credit that exceeds the tax liability shall be

 

refunded.

 

     (6) As used in this section:

 

     (a) "Eligible educational institution" means any college,

 

university, vocational school, or other postsecondary educational

 

institution that is eligible to participate in a student aid

 

program administered by the federal department of education.

 

     (b) "Eligible expenses" means expenses listed in subparagraphs

 

(i) and (ii) paid for courses for which the taxpayer, the taxpayer's

 

spouse, and any dependent of the taxpayer for whom the taxpayer

 

claims an exemption under section 30(2) for the tax year in which

 

the credit is claimed took during the tax year and for which he or

 

she received academic credit and does not include expenses listed

 

in subparagraph (iii), as follows:

 

     (i) Tuition.

 

     (ii) Related expenses such as student-activity fees and


 

expenses for course related books, supplies, and equipment if the

 

related expenses are paid directly to the eligible educational

 

institution as a condition for enrollment or attendance at the

 

institution or in the course.

 

     (iii) Any expenses related to the following types of courses:

 

     (A) Courses taken to meet a continuing education requirement

 

for a license or certificate required for the taxpayer's job.

 

     (B) Sports, games, or hobbies.

 

     (C) Noncredit courses.

 

     (c) "Modified adjusted gross income" means modified adjusted

 

gross income for purposes of the lifetime learning credit under

 

section 25A of the internal revenue code.

 

     (d) "United States consumer price index" means the United

 

States consumer price index for all urban consumers as defined and

 

reported by the United States department of labor, bureau of labor

 

statistics, and as certified by the state treasurer.