2019 House Bill 4543 / Public Act 146

Authorize state tax collections from out-of-state sellers

Introduced in the House

May 2, 2019

Introduced by Rep. Tenisha Yancey (D-1)

To establish an administrative and regulatory regime for imposing state sales and use tax on internet and catalog merchants in other states that sell goods to Michigan residents. This follows the 2018 U.S. Supreme Court opinion in South Dakota v. Wayfair that allows states to levy sales and use tax on out of state sellers if a state exempts smaller sellers (less than $100,000 in sales or 200 transactions annually), and creates a collection system that feature, in the words of the opinion, “a single, state-level tax administration, uniform definitions of products and services, simplified tax rate structures… and also provides sellers access to sales tax administration software paid for by the State.” The bill is part of a package comprised designed to meet those conditions. House Bills 4542 and 4543 impose a duty on larger out-of-state retailers to collect and remit sales and use tax to this state. House Bills 4540 and 4541 authorize and create rules for smaller retailers selling into the state through third party “marketplace facilitators," which is the model used by Amazon.com.

Referred to the Committee on Tax Policy

June 19, 2019

Reported without amendment

Refer to the Committee on Ways and Means with the recommendation that the substitute (H-1) be adopted.

Referred to the Committee on Ways and Means

Oct. 8, 2019

Reported without amendment

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

Oct. 16, 2019

Passed in the House 110 to 0 (details)

Received in the Senate

Oct. 22, 2019

Referred to the Committee on Finance

In the House

Nov. 20, 2019

Reported without amendment

With the recommendation that the bill pass.

In the Senate

Dec. 4, 2019

Passed in the Senate 36 to 0 (details)

To establish an administrative and regulatory regime for imposing state sales and use tax on internet and catalog merchants in other states that sell goods to Michigan residents. This follows the 2018 U.S. Supreme Court opinion in South Dakota v. Wayfair that allows states to levy sales and use tax on out of state sellers if a state exempts smaller sellers (less than $100,000 in sales or 200 transactions annually), and creates a collection system that feature, in the words of the opinion, “a single, state-level tax administration, uniform definitions of products and services, simplified tax rate structures… and also provides sellers access to sales tax administration software paid for by the State.” The bill is part of a package comprised designed to meet those conditions. House Bills 4542 and 4543 impose a duty on larger out-of-state retailers to collect and remit sales and use tax to this state. House Bills 4540 and 4541 authorize and create rules for smaller retailers selling into the state through third party “marketplace facilitators," which is the model used by Amazon.com.

Signed by Gov. Gretchen Whitmer

Dec. 12, 2019