Bill Text: MI SB0264 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Use tax; collections; prepayment collection process; revise. Amends sec. 6 of 1937 PA 94 (MCL 205.96).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0585'12 [SB0264 Detail]
Download: Michigan-2011-SB0264-Engrossed.html
SB-0264, As Passed Senate, September 27, 2012
SUBSTITUTE FOR
SENATE BILL NO. 264
A bill to amend 1937 PA 94, entitled
"Use tax act,"
by amending section 6 (MCL 205.96), as amended by 2012 PA 117.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) Every person storing, using, or consuming tangible
personal property or services, the storage, use, or consumption of
which is subject to the tax imposed by this act when the tax was
not paid to a seller, and every seller collecting the tax from the
purchaser, unless otherwise prescribed by the department under the
provisions of subsection (2), (3), or (4), on or before the
twentieth day of each calendar month shall file with the department
a return for the preceding calendar month, in a form prescribed by
the department, showing the price of each purchase of tangible
personal property or services during the preceding month, and other
information the department considers necessary for the proper
administration of this act. At the same time, each person shall pay
to the department the amount of tax imposed by this act with
respect to the purchases covered by the return.
(2) Beginning January 1, 1999 through December 31, 2013, each
seller that had a total tax liability after subtracting the tax
payments made to the secretary of state under this act or the
general sales tax act, 1933 PA 167, MCL 205.51 to 205.78, or after
subtracting the tax credits available under section 6a of the
general sales tax act, 1933 PA 167, MCL 205.56a, in the immediately
preceding calendar year of $720,000.00 or more shall remit to the
department, by an electronic funds transfer method approved by the
department on or before the twentieth day of the month, an amount
equal to 50% of the taxpayer's liability under this act for the
same month in the immediately preceding calendar year, or 50% of
the actual liability for the month being reported, whichever is
less, plus a reconciliation payment equal to the difference between
the tax liability determined for the immediately preceding month
minus the amount of tax previously paid for that month.
Additionally, the seller shall remit to the department, by an
electronic funds transfer method approved by the department on or
before the last day of the month, an amount equal to 50% of the
taxpayer's liability under this act for the same month in the
immediately preceding calendar year, or 50% of the actual liability
for the month being reported, whichever is less.
(3) Beginning January 1, 2014, each taxpayer that had a total
tax liability after subtracting the tax payments made to the
secretary of state under this act or the general sales tax act,
1933 PA 167, MCL 205.51 to 205.78, or after subtracting the tax
credits available under section 6a of the general sales tax act,
1933 PA 167, MCL 205.56a, in the immediately preceding calendar
year of $720,000.00 or more shall remit to the department, by an
electronic funds transfer method approved by the department on or
before the twentieth day of the month, an amount equal to 75% of
the taxpayer's liability under this act in the immediately
preceding month or 75% of the taxpayer's liability for the same
month in the immediately preceding calendar year, whichever is
less, plus a reconciliation payment equal to the difference between
the tax liability determined for the immediately preceding month
minus the amount of tax previously paid for that month. Payment
remitted to the department by electronic funds transfer may include
as a single payment any amount due under section 6 of the general
sales tax act, 1933 PA 167, MCL 205.56.
(4) If considered necessary to insure payment of the tax or to
provide a more efficient administration, the department may require
and prescribe the filing of returns and payment of the tax for
other than monthly periods.
(5) The tax imposed under this act shall accrue to this state
on the last day of each calendar month.
(6) If a due date falls on a Saturday, Sunday, state holiday,
or legal banking holiday, the taxes are due on the next succeeding
business day.
