2008 House Bill 5924 / Public Act 472

Revise gross receipts tax for real estate brokers

Introduced in the House

March 20, 2008

Introduced by Rep. Steve Bieda (D-25)

To exclude payments by real estate brokers to an “independent contractor” from the base used in calculating taxable gross receipts under the Michigan Business Tax. Note: The real estate salespersons who work under brokers are considered independent contractors, so the bill would exclude their commissions from the tax base formula.

Referred to the Committee on Tax Policy

Sept. 24, 2008

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

Dec. 4, 2008

Substitute offered

To replace the previous version of the bill with a "conflict substitute," made necessary because the law being amended has been changed by another bill, requiring that certain references in this bill be updated. This version was superseded by another substitute with one that revises details but does not change the substance of the bill as previously described.

The substitute failed by voice vote

Substitute offered by Rep. Steve Bieda (D-25)

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Passed in the House 100 to 0 (details)

Received in the Senate

Dec. 10, 2008

Dec. 19, 2008

Amendment offered

To make the bill retroactive to Jan. 1, 2008.

The amendment passed by voice vote

Passed in the Senate 31 to 0 (details)

To exclude payments by real estate brokers to an “independent contractor” from the base used in calculating taxable gross receipts under the Michigan Business Tax. Note: The real estate salespersons who work under brokers are considered independent contractors, so the bill would exclude their commissions from the tax base formula.

Received in the House

Dec. 19, 2008

To concur with the Senate-passed version of the bill.

Passed in the House 92 to 0 (details)

Signed by Gov. Jennifer Granholm

Dec. 31, 2008