Bill Text: MI HB4948 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Income tax; administration; definition of actively solicits; codify written guidance previously issued. Amends sec. 621 of 1967 PA 281 (MCL 206.621).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-10-19 - Re-referred To Committee On Tax Policy [HB4948 Detail]

Download: Michigan-2011-HB4948-Introduced.html

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HOUSE BILL No. 4948

 

September 13, 2011, Introduced by Rep. Gilbert and referred to the Committee on Tax Policy.

 

     A bill to amend 1967 PA 281, entitled

 

"Income tax act of 1967,"

 

by amending section 621 (MCL 206.621), as added by 2011 PA 38.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 621. (1) Except as otherwise provided in this part, or

 

under subsection (2), a taxpayer has substantial nexus in this

 

state and is subject to the tax imposed under this part if the

 

taxpayer has a physical presence in this state for a period of more

 

than 1 day during the tax year, if the taxpayer actively solicits

 

sales in this state and has gross receipts of $350,000.00 or more

 

sourced to this state, or if the taxpayer has an ownership interest

 

or a beneficial interest in a flow-through entity, directly, or

 

indirectly through 1 or more other flow-through entities, that has

 

substantial nexus in this state.

 

     (2) For purposes of this section, "actively solicits" shall be

 

defined by the department through written guidance that shall be

 

applied prospectively.

 

     (2) (3) As used in this section: , "physical

 

     (a) "Actively solicits" means either of the following:

 

     (i) Speech, conduct, or activity that is purposefully directed

 

at or intended to reach persons within this state and that

 

explicitly or implicitly invites an order for a purchase or sale.

 

     (ii) Speech, conduct, or activity that is purposefully directed

 

at or intended to reach persons within this state that neither

 

explicitly nor implicitly invites an order for a purchase or sale,

 

but is entirely ancillary to requests for an order for a purchase

 

or sale.

 

     (b) "Physical presence" means any activity conducted by the

 

taxpayer or on behalf of the taxpayer by the taxpayer's employee,

 

agent, or independent contractor acting in a representative

 

capacity. Physical presence does not include the activities of

 

professionals providing services in a professional capacity or

 

other service providers if the activity is not significantly

 

associated with the taxpayer's ability to establish and maintain a

 

market in this state.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2012.