SB 981

SENATE BILL NO. 981
A bill to amend 1933 PA 167, entitled
"General sales tax act,"
by amending section 1 (MCL 205.51), as amended by 2023
PA 20.
the people of the state of michigan enact:
Sec. 1. (1) As used in this act:
(a)
"Person" means an individual, firm, partnership, joint venture,
association, social club, fraternal organization, municipal or private
corporation whether or not organized for profit, or not, company,
limited liability company, estate, trust, receiver, trustee, syndicate, the
United States, this state, county, or any other group or combination acting as
a unit, and includes the plural as well as the singular number, unless the
intention to give a more limited meaning is disclosed by the context.
(b) "Sale at
retail" or "retail sale" means a sale, lease, or rental of
tangible personal property for any purpose other than for resale, sublease, or
subrent.
(c) "Gross
proceeds" means sales price.
(d) "Sales
price" means the total amount of consideration, including cash, credit,
property, and services, for which tangible personal property or services are
sold, leased, or rented, valued in money, whether received in money or
otherwise, and applies to the measure subject to sales tax. Sales price
includes the following subparagraphs (i) to (vii) and excludes subparagraphs (viii) to (xv):(xvi):
(i) Seller's cost of the property sold.
(ii) Cost of materials used, labor or service cost,
interest, losses, costs of transportation to the seller, taxes imposed on the
seller other than taxes imposed by this act, and any other expense of the
seller.
(iii) Charges by the seller for any services
necessary to complete the sale, other than the following:
(A) An amount
received or billed by the taxpayer for remittance to the employee as a gratuity
or tip, if the gratuity or tip is separately identified and itemized on the
guest check or billed to the customer.
(B) Labor or
service charges involved in maintenance and repair work on tangible personal
property of others if separately itemized.
(iv) Except as otherwise provided in
subparagraph (xv), delivery
charges. A seller is not liable under this act for delivery charges allocated
to the delivery of exempt property.
(v) Except as otherwise provided in
subparagraph (xv), installation
charges.
(vi) Except as otherwise provided in
subparagraphs (xi), (xii), and (xiv), and (xvi), credit
for any trade-in.
(vii) Except as otherwise provided in
subparagraph (x), consideration received by the seller from third parties if all of the
following conditions are met:
(A) The seller
actually receives consideration from a party other than the purchaser and the
consideration is directly related to a price reduction or discount on the sale.
(B) The seller has
an obligation to pass the price reduction or discount through to the purchaser.
(C) The amount of
the consideration attributable to the sale is fixed and determinable by the
seller at the time of the sale of the item to the purchaser.
(D) One of the
following criteria is met:
(I) The purchaser
presents a coupon, certificate, or other documentation to the seller to claim a
price reduction or discount where the coupon, certificate, or documentation is
authorized, distributed, or granted by a third party with the understanding that
the third party will reimburse any seller to whom the coupon, certificate, or
documentation is presented.
(II) The purchaser
identifies himself or herself to the seller as a member of a group or
organization entitled to a price reduction or discount. A preferred customer
card that is available to any patron does not constitute membership in a group
or organization.
(III) The price
reduction or discount is identified as a third party price reduction or
discount on the invoice received by the purchaser or on a coupon, certificate,
or other documentation presented by the purchaser.
(viii) Interest, financing, or carrying charges
from credit extended on the sale of personal property or services, if the
amount is separately stated on the invoice, bill of sale, or similar document
given to the purchaser.
(ix) Any taxes legally imposed directly on
the consumer that are separately stated on the invoice, bill of sale, or
similar document given to the purchaser.
(x) Beginning January 1, 2000, employee
discounts that are reimbursed by a third party on sales of motor vehicles.
(xi) Beginning November 15, 2013, credit for
the agreed-upon value of a titled watercraft used as part payment of the
purchase price of a new titled watercraft or used titled watercraft purchased
from a watercraft dealer if the agreed-upon value is separately stated on the
invoice, bill of sale, or similar document given to the purchaser. This
subparagraph does not apply to leases or rentals.
(xii) Beginning December 15, 2013, credit
for the agreed-upon value of a motor vehicle or recreational vehicle used as
part payment of the purchase price of a new motor vehicle or used motor vehicle
or recreational vehicle purchased from a dealer if the agreed-upon value is
separately stated on the invoice, bill of sale, or similar document given to
the purchaser. This subparagraph does not apply to leases or rentals. Except as otherwise provided under subparagraph (xiv), for purposes of this subparagraph, the agreed-upon value
of a motor vehicle or recreational vehicle used as part payment is limited as
follows:
(A) Beginning December 15, 2013,
subject to sub-subparagraphs (B) and (C), the lesser of the following:
(I) $2,000.00.
(II) The agreed-upon value of the
motor vehicle or recreational vehicle used as part payment.
(B) Beginning January 1, 2015 and
each January 1 thereafter through December 31, 2018, the amount under
sub-subparagraph (A)(I) is increased by an additional $500.00 each year.
(C) Beginning January 1, 2019,
subject to sub-subparagraphs (D) and (E), the lesser of the following:
(I) $5,000.00.
(II) The agreed-upon value of the
motor vehicle used as part payment.
(D) Beginning January 1, 2020 and
each January 1 thereafter, the amount under sub-subparagraph (C)(I) is
increased by an additional $1,000.00 each year.
(E) Beginning on January 1 in the
year in which the amount under sub-subparagraph (C)(I) exceeds $14,000.00 and
each January 1 thereafter, there is no limitation on the agreed-upon value of
the motor vehicle used as part payment.
(xiii) Beginning January 1, 2017, credit for
the core charge attributable to a recycling fee, deposit, or disposal fee for a
motor vehicle or recreational vehicle part or battery if the recycling fee,
deposit, or disposal fee is separately stated on the invoice, bill of sale, or
similar document given to the purchaser.
(xiv)
Beginning January 1, 2018, credit for the agreed-upon value of a recreational
vehicle used as part payment of the purchase price of a recreational vehicle
purchased from a dealer if the agreed-upon value is separately stated on the
invoice, bill of sale, or similar document given to the purchaser. This
subparagraph does not apply to leases or rentals.
(xv) Delivery
or installation charges if such charges are separately stated on the invoice,
bill of sale, or similar document provided to the purchaser, and the seller
maintains its books and records to show separately the transactions used to
determine the tax levied by this act. This subdivision does not apply to
delivery or installation charges involving or relating to the sale of
electricity, natural gas, or artificial gas by a utility.
(xvi) Credit for the agreed-upon value of a
portable electronic device used as part payment of the purchase price of a new
or used portable electronic device purchased from a seller engaged in the
business of selling portable electronic devices at retail, if the value of the
credit is separately stated on the invoice, bill of sale, or similar document
provided to the purchaser. As used in this subparagraph, "portable
electronic device" means an electronic device that is portable and
includes accessories related to that device.
(e)
"Business" includes an activity engaged in by a person or caused to
be engaged in by that person with the object of gain, benefit, or advantage,
either direct or indirect.
(f) "Tax
year" or "taxable year" means the fiscal year of the state or
the taxpayer's fiscal year if permission is obtained by the taxpayer from the
department to use the taxpayer's fiscal year as the tax period instead.
(g)
"Department" means the department of treasury.
(h)
"Taxpayer" means a person subject to a tax under this act.
(i) "Tax"
includes a tax, interest, or penalty levied under this act.
(j)
"Textiles" means goods that are made of or incorporate woven or
nonwoven fabric, including, but not limited to, clothing, shoes, hats, gloves,
handkerchiefs, curtains, towels, sheets, pillows, pillow
cases, pillowcases, tablecloths,
napkins, aprons, linens, floor mops, floor mats, and thread. Textiles also
include materials used to repair or construct textiles, or other goods used in
the rental, sale, or cleaning of textiles.
(k) "New motor
vehicle" means that term as defined in section 33a of the Michigan vehicle
code, 1949 PA 300, MCL 257.33a.
(l) "Recreational vehicle" means
that term as defined in section 49a of the Michigan vehicle code, 1949 PA 300,
MCL 257.49a.
(m)
"Dealer" means that term as defined in section 11 of the Michigan
vehicle code, 1949 PA 300, MCL 257.11.
(n)
"Watercraft dealer" means a dealer as that term is defined in section
80102 of the natural resources and environmental protection act, 1994 PA 451,
MCL 324.80102.
(o)
"Utility" means either of the following:
(i) A person regulated by the Michigan
public service commission as a utility.
(ii) A person that operates equipment or
facilities for producing, generating, transmitting, delivering, or furnishing
electricity within this state for the public for compensation, regardless of
the person's owner, ownership structure, or regulation by the Michigan public
service commission.
(2) If the
department determines that it is necessary for the efficient administration of
this act to regard an unlicensed person, including a salesperson,
representative, peddler, or canvasser as the agent of the dealer, distributor,
supervisor, or employer under whom the unlicensed person operates or from whom
the unlicensed person obtains the tangible personal property sold by the
unlicensed person, irrespective of whether the unlicensed person is making
sales on the unlicensed person's own behalf or on behalf of the dealer,
distributor, supervisor, or employer, the department may so regard the
unlicensed person and may regard the dealer, distributor, supervisor, or
employer as making sales at retail at the retail price for the purposes of this
act.
(3) Notwithstanding
anything to the contrary in this act, the following applies only to delivery
and installation charges described in subsection (1)(d)(iv) or (v), except that this subsection does not
apply to delivery and installation charges involving or relating to the sale of
electricity, natural gas, or artificial gas by a utility:
(a) Not later than 90 days after the effective date of the amendatory act
that added this subsection, July 25, 2023, the
department shall cancel all outstanding balances related to such delivery and
installation charges on notices of intent to assess that were issued under
section 21 of 1941 PA 122, MCL 205.21, for the tax levied under this act and
that were issued before the effective date of the
amendatory act that added this subsection.April
26, 2023.
(b) Not later than 90 days after the effective date of the amendatory act
that added this subsection, July 25, 2023, the
department shall cancel all outstanding balances related to such delivery and
installation charges on final assessments that were issued under section 22 of
1941 PA 122, MCL 205.22, for the tax levied under this act, and that were
issued before the effective date of the amendatory
act that added this subsection.April 26, 2023.
(c) After the effective date of the amendatory act that added
this subsection, Beginning April 26,
2023, the department
shall not issue any new assessments for the tax levied under this act on such
delivery and installation charges for any tax period before the effective date of the amendatory act that added this
subsection April 26, 2023, that is open
under the statute of limitations provided in section 27a of 1941 PA 122, MCL
205.27a.