Mich. Comp. Laws § 208.1281

Current through Public Act 48 of the 2024 Legislative Session
Section 208.1281 - [Repealed 12/31/2031] Annual surcharge; imposition; levy; "Michigan personal income" defined; limitation on amount; applicability; administration, collection, and enforcement
(1) In addition to the taxes imposed and levied under this act and subject to subsections (2), (3), and (4), to meet deficiencies in state funds an annual surcharge is imposed and levied on each taxpayer equal to the following percentage of the taxpayer's tax liability under this act after allocation or apportionment to this state under this act but before calculation of the various credits available under this act:
(a) For each taxpayer other than a person subject to the tax imposed and levied under chapter 2B, 21.99%.
(b) For a person subject to the tax imposed and levied under chapter 2B:
(i) For tax years ending after December 31, 2007 and before January 1, 2009, 27.7%.
(ii) For tax years ending after December 31, 2008, 23.4%.
(2) If the Michigan personal income growth exceeds 0% in any 1 of the 3 calendar years immediately preceding the 2017 calendar year, then the surcharge under subsection (1) shall not be levied and imposed on or after January 1, 2017. For purposes of this subsection, "Michigan personal income" means personal income for this state as defined by the bureau of economic analysis of the United States department of commerce or its successor.
(3) The amount of the surcharge imposed and levied on any taxpayer under subsection (1)(a) shall not exceed $6,000,000.00 for any single tax year.
(4) The surcharge imposed and levied under this section does not apply to either of the following:
(a) A person subject to the tax imposed and levied under chapter 2A.
(b) A person subject to the tax imposed and levied under chapter 2B that is authorized to exercise only trust powers.
(5) The surcharge imposed and levied under this section shall constitute a part of the tax imposed under this act and shall be administered, collected, and enforced as provided under this act.

MCL 208.1281

Repealed by 2019, Act 90,s 7, eff. 12/31/2031.
Repealed by 2011, Act 39,s 7, eff. on the date that the secretary of state receives a written notice from the department of treasury that the last certificated credit or any carryforward from that certificated credit has been claimed.
Added by 2007, Act 145,s 7, eff. 1/1/2008.
Repealed effective 12/31/2031 -- Enacting section 1 of 2019, Act 90 provides: "The Michigan business tax act, 2007 PA 36, MCL 208.1101 to 208.1601, is repealed effective for tax years that begin after December 31, 2031."
Contingent repeal -- See Enacting section 1 of 2011, Act 39,s 7