HOUSE BILL No. 6348

 

July 23, 2008, Introduced by Reps. Opsommer, DeRoche, Palmer, Stahl, Schuitmaker, Elsenheimer, Hildenbrand, Moolenaar, Pearce and Stakoe and referred to the Committee on Tax Policy.

 

     A bill to amend 1967 PA 281, entitled

 

"Income tax act of 1967,"

 

by amending section 352 (MCL 206.352), as added by 1996 PA 568.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 352. (1) For the 1997 tax year and each tax year after

 

the 1997 tax year, a taxpayer who is due a refund determined under

 

section 30 of Act No. 122 of the Public Acts of 1941, being section

 

205.30 of the Michigan Compiled Laws 1941 PA 122, MCL 205.30, may

 

request a direct deposit of that refund to a financial institution

 

of the taxpayer's choice that is located in the United States by

 

completing a direct deposit form prescribed by the department and

 

attaching the completed form to the taxpayer's annual return.

 

     (2) For the 2008 tax year and each tax year after the 2008 tax

 


year, a taxpayer who is due a refund as determined under section 30

 

of 1941 PA 122, MCL 205.30, may request a direct deposit of that

 

refund to an education savings account pursuant to the Michigan

 

education savings program act, 2000 PA 161, MCL 390.1471 to

 

390.1486.

 

     (3) (2) The department shall comply with a request under this

 

section unless the request is incomplete or defective in a manner

 

that precludes the department from honoring the request. If the

 

department does not honor the request, the department shall issue a

 

warrant, as provided in Act No. 122 of the Public Acts of 1941,

 

being sections 205.1 to 205.31 of the Michigan Compiled Laws 1941

 

PA 122, MCL 205.1 to 205.31, and at the same time provide the

 

taxpayer with a written explanation including the specific reason

 

for not honoring the taxpayer's request for direct deposit.