Bill Text: MI HB4364 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Use tax: collections; use tax on higher education books; exempt. Amends sec. 4 of 1937 PA 94 (MCL 205.94).
Spectrum: Slight Partisan Bill (Democrat 7-4)
Status: (Introduced - Dead) 2019-03-19 - Bill Electronically Reproduced 03/14/2019 [HB4364 Detail]
Download: Michigan-2019-HB4364-Introduced.html
HOUSE BILL No. 4364
March 14, 2019, Introduced by Reps. O'Malley, Love, Paquette, Kennedy, Webber, Wozniak, Garza, Tyrone Carter, Brenda Carter, Kuppa and Neeley and referred to the Committee on Tax Policy.
A bill to amend 1937 PA 94, entitled
"Use tax act,"
by amending section 4 (MCL 205.94), as amended by 2018 PA 679.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) The following are exempt from the tax levied under
this act, subject to subsection (2):
(a) Property sold in this state on which transaction a tax is
paid under the general sales tax act, 1933 PA 167, MCL 205.51 to
205.78, if the tax was due and paid on the retail sale to a
consumer.
(b) Property, the storage, use, or other consumption of which
this
state is prohibited from taxing under the constitution
Constitution or laws of the United States, or under the
constitution of this state.
(c) All of the following:
(i) Property purchased for resale. Property purchased for
resale includes promotional merchandise transferred pursuant to a
redemption offer to a person located outside this state or any
packaging material, other than promotional merchandise, acquired
for use in fulfilling a redemption offer or rebate to a person
located outside this state.
(ii) Property purchased for lending or leasing to a public or
parochial school offering a course in automobile driving except
that
a vehicle purchased by the school shall must be certified for
driving
education and shall must not be reassigned for personal use
by the school's administrative personnel.
(iii) Property purchased for demonstration purposes. For a new
vehicle dealer selling a new car or truck, exemption for
demonstration
purposes shall be is determined by the number of new
cars and trucks sold during the current calendar year or the
immediately preceding calendar year, without regard to specific
make or style, according to the following schedule but not to
exceed 25 cars and trucks in 1 calendar year for demonstration
purposes:
(A) 0 to 25, 2 units.
(B) 26 to 100, 7 units.
(C) 101 to 500, 20 units.
(D) 501 or more, 25 units.
(iv) Motor vehicles purchased for resale purposes by a new
vehicle dealer licensed under section 248(8)(a) of the Michigan
vehicle code, 1949 PA 300, MCL 257.248.
(d) Property that is brought into this state by a nonresident
person for storage, use, or consumption while temporarily within
this state, except if the property is used in this state in a
nontransitory business activity for a period exceeding 15 days.
(e) Property the sale or use of which was already subjected to
a sales tax or use tax equal to, or in excess of, that imposed by
this act under the law of any other state or a local governmental
unit within a state if the tax was due and paid on the retail sale
to the consumer and the state or local governmental unit within a
state in which the tax was imposed accords like or complete
exemption on property the sale or use of which was subjected to the
sales or use tax of this state. If the sale or use of property was
already subjected to a tax under the law of any other state or
local governmental unit within a state in an amount less than the
tax
imposed by this act, this act shall apply, applies, but
at a
rate measured by the difference between the rate provided in this
act and the rate by which the previous tax was computed.
(f) Except as otherwise provided under subsection (3),
property sold to a person engaged in a business enterprise that
uses or consumes the property, directly or indirectly, for either
the tilling, planting, draining, caring for, maintaining, or
harvesting of things of the soil or the breeding, raising, or
caring for livestock, poultry, or horticultural products, including
the transfers of livestock, poultry, or horticultural products for
further growth.
(g) Property or services sold to the United States, an
unincorporated agency or instrumentality of the United States, an
incorporated agency or instrumentality of the United States wholly
owned by the United States or by a corporation wholly owned by the
United States, the American Red Cross and its chapters or branches,
this state, a department or institution of this state, or a
political subdivision of this state.
(h) Property or services sold to a school, hospital, or home
for
the care and maintenance of children or aged persons,
individuals operated by an entity of government, a regularly
organized church, religious organization, or fraternal
organization, a veterans' organization, or a corporation
incorporated under the laws of this state, if not operated for
profit, and if the income or benefit from the operation does not
inure, in whole or in part, to an individual or private
shareholder, directly or indirectly, and if the activities of the
entity or agency are carried on exclusively for the benefit of the
public at large and are not limited to the advantage, interests,
and benefits of its members or a restricted group. The tax levied
does not apply to property or services sold to a parent cooperative
preschool. As used in this subdivision, "parent cooperative
preschool" means a nonprofit, nondiscriminatory educational
institution, maintained as a community service and administered by
parents of children currently enrolled in the preschool that
provides an educational and developmental program for children
younger than compulsory school age, that provides an educational
program for parents, including active participation with children
in preschool activities, that is directed by qualified preschool
personnel,
and that is licensed pursuant to under 1973 PA 116, MCL
722.111 to 722.128.
(i) Property or services sold to a regularly organized church
or house of religious worship except the following:
(i) Sales in which the property is used in activities that are
mainly commercial enterprises.
(ii) Sales of vehicles licensed for use on the public highways
other than a passenger van or bus with a manufacturer's rated
seating capacity of 10 or more that is used primarily for the
transportation
of persons individuals for religious purposes.
(j) A vessel designed for commercial use of registered tonnage
of 500 tons or more, if produced upon special order of the
purchaser, and bunker and galley fuel, provisions, supplies,
maintenance, and repairs for the exclusive use of a vessel of 500
tons or more engaged in interstate commerce.
(k)
Property purchased for use in this state where if actual
personal possession is obtained outside this state, the purchase
price or actual value of which does not exceed $10.00 during 1
calendar month.
(l) A newspaper or periodical classified under federal postal
laws and regulations effective September 1, 1985 as second-class
mail matter or as a controlled circulation publication or qualified
to accept legal notices for publication in this state, as defined
by law, or any other newspaper or periodical of general
circulation, established at least 2 years, and published at least
once a week, and a copyrighted motion picture film. Tangible
personal property used or consumed in producing a copyrighted
motion picture film, a newspaper published more than 14 times per
year, or a periodical published more than 14 times per year, and
not becoming a component part of that film, newspaper, or
periodical is subject to the tax. Tangible personal property used
or consumed in producing a newspaper published 14 times or less per
year or a periodical published 14 times or less per year and that
portion or percentage of tangible personal property used or
consumed in producing an advertising supplement that becomes a
component part of a newspaper or periodical is exempt from the tax
under this subdivision. For purposes of this subdivision, tangible
personal property that becomes a component part of a newspaper or
periodical
and consequently not subject to tax
, includes an
advertising supplement inserted into and circulated with a
newspaper or periodical that is otherwise exempt from tax under
this subdivision, if the advertising supplement is delivered
directly to the newspaper or periodical by a person other than the
advertiser, or the advertising supplement is printed by the
newspaper or periodical.
(m) Property purchased by persons licensed to operate a
commercial radio or television station if the property is used in
the origination or integration of the various sources of program
material for commercial radio or television transmission. This
subdivision does not include a vehicle licensed and titled for use
on public highways or property used in the transmitting to or
receiving from an artificial satellite.
(n)
A person An individual who is a resident of this state who
purchases an automobile in another state while in the military
service of the United States and who pays a sales tax in the state
where the automobile is purchased.
(o) A vehicle for which a special registration is secured in
accordance with section 226(9) of the Michigan vehicle code, 1949
PA 300, MCL 257.226.
(p) The sale of a prosthetic device, durable medical
equipment, or mobility enhancing equipment.
(q)
Water when if delivered through water mains, water sold in
bulk tanks in quantities of not less than 500 gallons, or the sale
of bottled water.
(r) A vehicle not for resale used by a nonprofit corporation
organized exclusively to provide a community with ambulance or fire
department services.
(s) Tangible personal property purchased and installed as a
component part of a water pollution control facility for which a
tax
exemption certificate is issued pursuant to under part
37 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.3701 to 324.3708, or an air pollution control facility
for
which a tax exemption certificate is issued pursuant to under
part 59 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.5901 to 324.5908.
(t) Tangible real or personal property donated by a
manufacturer, wholesaler, or retailer to an organization or entity
exempt
pursuant to under subdivision (h) or (i) or section 4a(1)(a)
or (b) of the general sales tax act, 1933 PA 167, MCL 205.54a.
(u) The storage, use, or consumption of an aircraft by a
domestic air carrier for use solely in the transport of air cargo,
passengers, or a combination of air cargo and passengers, that has
a maximum certificated takeoff weight of at least 6,000 pounds. For
purposes of this subdivision, the term "domestic air carrier" is
limited to a person engaged primarily in the commercial transport
for hire of air cargo, passengers, or a combination of air cargo
and passengers as a business activity. The state treasurer shall
estimate on January 1 each year the revenue lost by this act from
the school aid fund and deposit that amount into the school aid
fund from the general fund.
(v) The storage, use, or consumption of an aircraft by a
person who purchases the aircraft for subsequent lease to a
domestic air carrier operating under a certificate issued by the
federal
aviation administration Federal
Aviation Administration
under 14 CFR part 121, for use solely in the regularly scheduled
transport of passengers.
(w) Property or services sold to an organization not operated
for profit and exempt from federal income tax under section
501(c)(3)
or 501(c)(4) (4) of the internal revenue code of 1986,
26
USC
501; 501(c)(3) or (4); or to a health, welfare, educational,
cultural arts, charitable, or benevolent organization not operated
for profit that has been issued before June 13, 1994 an exemption
ruling letter to purchase items exempt from tax signed by the
administrator of the sales, use, and withholding taxes division of
the department. The department shall reissue an exemption letter
after June 13, 1994 to each of those organizations that had an
exemption
letter that shall remain remains
in effect unless the
organization fails to meet the requirements that originally
entitled it to this exemption. The exemption does not apply to
sales of tangible personal property and sales of vehicles licensed
for use on public highways, that are not used primarily to carry
out the purposes of the organization as stated in the bylaws or
articles of incorporation of the exempt organization.
(x) The use or consumption of services described in section
3a(1)(a)
or (b) (c) or 3b by means of a prepaid telephone calling
card, a prepaid authorization number for telephone use, or a charge
for internet access.
(y) The purchase, lease, use, or consumption of the following
by an industrial laundry:
(i) Textiles and disposable products including, but not
limited to, soap, paper, chemicals, tissues, deodorizers and
dispensers, and all related items such as packaging, supplies,
hangers, name tags, and identification tags.
(ii) Equipment, whether owned or leased, used to repair and
dispense textiles including, but not limited to, roll towel
cabinets, slings, hardware, lockers, mop handles and frames, and
carts.
(iii) Machinery, equipment, parts, lubricants, and repair
services used to clean, process, and package textiles and related
items, whether owned or leased.
(iv) Utilities such as electric, gas, water, or oil.
(v) Production washroom equipment and mending and packaging
supplies and equipment.
(vi) Material handling equipment including, but not limited
to, conveyors, racks, and elevators and related control equipment.
(vii) Wastewater pretreatment equipment and supplies and
related maintenance and repair services.
(z) Property purchased or manufactured by a person engaged in
the business of constructing, altering, repairing, or improving
real estate for others, to the extent that the property is affixed
to and made a structural part of real estate located in another
state, regardless of whether sales or use tax was due and paid in
the state in which the property is affixed to real estate.
(aa) The sale of a dental prosthesis.
(bb) Except as otherwise provided under subsection (3), a sale
of any of the following to a person engaged in a business
enterprise that uses or consumes the following for purposes as
described in subdivision (f):
(i) Machinery that is capable of simultaneously harvesting
grain or other crops and biomass and machinery used for the purpose
of harvesting biomass.
(ii) Agricultural land tile and subsurface irrigation pipe.
(iii) Portable grain bins, including tangible personal
property affixed or to be affixed to portable grain bins and
directly used in the operation of a portable grain bin.
(iv) Grain drying equipment and the fuel or energy source that
powers that equipment, including tangible personal property affixed
or to be affixed to that equipment and directly used in the
operation of grain drying equipment.
(v) Tangible personal property purchased and installed as a
component part of a structure such as a barn or shop, including,
but not limited to, a water supply system, heating and cooling
system, lighting system, milking system, or any other appurtenance
used for purposes described in this subdivision or subdivision (f),
including the maintenance or improvement of existing structures, to
the extent that it is not permanently affixed to and does not
become a structural part of real estate. For purposes of this
subparagraph and subsection (3), property installed as a component
part of a structure as provided in this subparagraph is not
permanently affixed to or a structural part of real estate if it is
assembled and installed in a manner that it can be disassembled
without affecting the physical structural functionality of the
original structure and reassembled and reused for any of the
purposes described in this subdivision or subdivision (f).
(vi) Greenhouses, including tangible personal property affixed
to or to be affixed to greenhouses and directly used in the
operation of a greenhouse. For purposes of subsection (3), a
greenhouse is not permanently affixed to or a structural part of
real estate if it is assembled and installed in a manner that it
can be disassembled and reassembled without affecting the
functionality of the greenhouse upon being reassembled.
(cc) The sale of agricultural land tile, subsurface irrigation
pipe, portable grain bins, greenhouses, and grain drying equipment
to a person in the business of constructing, altering, repairing,
or improving real estate for others to the extent that it is
affixed to and made a structural part of real estate for others and
is used for an exempt purpose described under subdivision (f) or
(bb).
(dd) The sale of tangible personal property used in the direct
gathering of fish, by net, line, or otherwise, by an owner-operator
of a business enterprise, not including a charter fishing business
enterprise.
(ee) A sale of tangible personal property that is specifically
designed for, and directly used in, the harvesting of aquatic
vegetation from the waters of the state, including parts and
materials used for repairs of that tangible personal property, to a
person engaged in a business enterprise of harvesting aquatic
vegetation and ultimately used for purposes described in
subdivision (f) or (bb). This exemption does not include a motor
vehicle licensed or required to be licensed for use on the public
roads or highways of this state or tangible personal property
permanently affixed to and becoming a structural part of real
estate.
(ff) The purchase or lease of a school bus or transportation-
related services, and parts or adaptive equipment affixed or to be
affixed to a school bus which that are used in the repair,
maintenance, accommodation, or modification of a school bus, if the
school bus or services are primarily used in the performance of a
contract entered into with an authorized representative of a school
for the transportation of preprimary, primary, or secondary school
pupils to or from a school or school-related events authorized by
the administration of the school. However, if the school bus is
used to provide transportation-related services other than to or
from a school or school-related event authorized by the
administration of the school to a nonexempt entity, then the amount
paid for those services by the nonexempt entity is not exempt under
this subdivision. As used in this subdivision:
(i) "Lease" means any transfer of possession or control for a
fixed or indeterminate term for consideration and may include
future options to purchase or extend.
(ii) "School" means a public school or public school academy
as defined in section 5 of the revised school code, 1976 PA 451,
MCL 380.5.
(iii) "School bus" means that term as defined in section 7 of
the pupil transportation act, 1990 PA 187, MCL 257.1807.
(gg) The purchase or lease of a textbook by a full- or part-
time college student for his or her courses, if, at the time of
purchase, the student presents a valid student identification card
and the textbook is required for a course being taken by that
student at an institution of higher education. As used in this
subdivision:
(i) "Institution of higher education" means a degree- or
certificate-granting public or private college or university,
junior college, or community college in this state.
(ii) "Lease" means any transfer of possession or control for a
fixed or indeterminate term for consideration and may include
future options to purchase or extend.
(iii) "Textbook" means any book or other written material that
an institution of higher education requires for 1 of its courses.
(2) The property or services under subsection (1) are exempt
only to the extent that the property or services are used for the
exempt purposes if one is stated in subsection (1). The exemption
is limited to the percentage of exempt use to total use determined
by a reasonable formula or method approved by the department.
(3) The exemptions under subsection (1)(f), (bb), (cc), and
(dd) do not include the transfers of food, fuel, clothing, or any
similar tangible personal property for personal living or human
consumption or tangible personal property permanently affixed to
and becoming a structural part of real estate unless it is
agricultural land tile, subsurface irrigation pipe, a portable
grain bin, or grain drying equipment.
(4)
Subsections Subsection (1)(f), (bb), and (cc) as amended
by
2018 PA 114 are is intended to be retroactive and to apply to
all periods open under section 27a of 1941 PA 122, MCL 205.27a, but
do
does not apply to any refund claims filed prior to before April
9, 2018.
(5) As used in this section:
(a) "Agricultural land tile" means fired clay or perforated
plastic tubing used as part of a subsurface drainage system for
land.
(b) "Algae" means any of the group of nonvascular aquatic
plants
which that do not have stems, flowers, leaves, and roots,
and
which that are single-celled, colonial, or filamentous forms.
(c) "Aquatic vegetation" means both algae and higher aquatic
plants.
(d) "Biomass" means crop residue used to produce energy or
agricultural crops grown specifically for the production of energy.
(e) "Greenhouse" means a structure covered with transparent or
translucent materials for the purpose of admitting natural light
and controlling the atmosphere for growing horticultural products.
Greenhouse does not include a structure primarily used to grow
marihuana.
(f) "Higher aquatic plant" means any of the group of
vascularized
plants which that have true stems, flowers, leaves,
and
roots, which that live in water, and which that belong
to the
class Angiospermae.
(g) "Portable grain bin" means a structure that is used or is
to be used to shelter grain and that is designed to be disassembled
without significant damage to its component parts.
(h) "Waters of the state" means that term as defined in
section 3302 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.3302.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.