Bill Text: MI HB5584 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Sales tax: exemptions; tax on motor fuel; exclude. Amends sec. 5 of 2004 PA 175 (MCL 205.175). TIE BAR WITH: HB 5582'20, HB 5583'20, HB 5582'20, HB 5583'20, HB 5585'20, HB 5586'20
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-10 - Bill Electronically Reproduced 03/10/2020 [HB5584 Detail]
Download: Michigan-2019-HB5584-Introduced.html
HOUSE BILL NO. 5584
March 05, 2020, Introduced by Reps. Cambensy
and O'Malley and referred to the Committee on Appropriations.
A bill to amend 2004 PA 175, entitled
"Streamlined sales and use tax revenue equalization act,"
by amending section 5 (MCL 205.175), as amended by 2015 PA 177.
the people of the state of michigan enact:
Sec. 5. (1) There Through September
30, 2022, there is levied upon and there shall be collected from
every person in this state who is an interstate motor carrier a specific tax
for the privilege of using or consuming motor fuel and alternative fuel in a
qualified commercial motor vehicle in this state.
(2) For motor fuel upon
which the tax imposed under subsection (1) applies, the tax shall be imposed at
a cents-per-gallon rate equal to 6% the applicable
percentage of the statewide average retail price of a gallon of
self-serve undyed No. 2 ultra-low sulfur diesel fuel or self-serve unleaded
regular gasoline, as applicable, rounded down to the nearest 1/10 of a cent as
determined and certified quarterly by the department. This tax on motor fuel
used by interstate motor carriers in a qualified commercial motor vehicle shall must be collected under the international
fuel tax agreement. An interstate motor carrier is entitled to a credit for 6% the applicable percentage of the price of
motor fuel purchased in this state before October 1, 2022 and used in a qualified
commercial motor vehicle. This credit shall must be
claimed on the returns filed under the international fuel tax agreement.
(3) For alternative fuel
upon which the tax imposed under subsection (1) applies, the tax shall be
imposed at a cents-per-gallon rate, or cents-per-gallon equivalent rate, as
applicable, equal to 6% the applicable percentage of the average
retail price of a gallon or gallon equivalent, as applicable, of the applicable
alternative fuel rounded down to the nearest 1/10 of a cent as determined and
certified quarterly by the department. For purposes of this subsection, the
average retail price is to be based on the statewide average price of the
particular alternative fuel, as determined by the department, unless the
department determines that a statewide average is not readily available. If a
statewide average is not readily available, the department may use available
regional or nationwide average retail pricing information, or when regional or
nationwide pricing information cannot be readily obtained, may use the average
retail price applicable to gasoline under subsection (2) for compressed natural
gas or the average retail price applicable to diesel fuel under subsection (2)
for all other types of alternative fuel, with adjustments as the department
determines are appropriate to convert gasoline or diesel fuel prices to prices
for alternative fuel.
(4) The tax on
alternative fuel under subsection (3) used by interstate motor carriers in a
qualified commercial motor vehicle shall must be
collected under the international fuel tax agreement. An interstate motor
carrier is entitled to a credit for 6% the applicable
percentage of the price of alternative fuel purchased in this
state before October 1, 2022 and
used in a qualified commercial motor vehicle. This credit shall must be claimed on the returns filed
under the international fuel tax agreement.
(5)
As used in this section, "applicable percentage" means 1 of the
following:
(a)
Through September 30, 2020, 6%.
(b)
Beginning October 1, 2020 through September 30, 2021, 4%.
(c)
Beginning October 1, 2021 through September 30, 2022, 2%.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) Senate Bill No.____ or House Bill No. 5582 (request no. 01324'19).
(b) Senate Bill No.____ or House Bill No. 5583 (request no. 01898'19).
(c) Senate Bill No.____ or House Bill No. 5585 (request no. 03278'19).
(d) Senate Bill No.____ or House Bill No. 5586 (request no. 06193'20).