2001 Senate Bill 486 / Public Act 230

Introduced in the Senate

May 17, 2001

Introduced by Sen. Beverly Hammerstrom (R-17)

To authorize a licensed food establishment (franchisee) to subtract from the base used to determine liability under the Single Business Tax all franchise fees paid to a franchisor, whether they are to establish or maintain the franchise relationship. The franchise fee would only be deducted only from the SBT base of the franchisee, and could not also be deducted by the franchisor.

Referred to the Committee on Finance

Nov. 27, 2001

Substitute offered

To replace the previous version of the bill with one which clarifies that the franchise fee would only be deducted only from the SBT base of the franchisee, and could not also be deducted by the franchisor. Because of a recent court decision, were this not made explicit then both parties would be able to deduct the fee.

The substitute passed by voice vote

Nov. 29, 2001

Amendment offered by Sen. Loren Bennett (R-8)

To tie bar the bill to House Bill 5474, which will ensure that notwithstanding a recent change in the definition contained in the SBT regulations of “sales” versus “gross receipts,” the "sales" of a franchisor would not include franchise fees.

The amendment passed by voice vote

Passed in the Senate 22 to 11 (details)

Received in the House

Nov. 29, 2001

To authorize a licensed food establishment (franchisee) to subtract from the base used to determine liability under the Single Business Tax all franchise fees paid to a franchisor, whether they are to establish or maintain the franchise relationship. The franchise fee would only be deducted only from the SBT base of the franchisee, and could not also be deducted by the franchisor.

Dec. 13, 2001

Amendment offered by Rep. Jack Minore (D-49)

To make certain provisions of the bill retroactive to Jan. 1, 1998.

The amendment failed by voice vote

Passed in the House 97 to 0 (details)

Received in the Senate

Dec. 13, 2001

To authorize a licensed food establishment (franchisee) to subtract from the base used to determine liability under the Single Business Tax all franchise fees paid to a franchisor, whether they are to establish or maintain the franchise relationship. The franchise fee would only be deducted only from the SBT base of the franchisee, and could not also be deducted by the franchisor.

Signed by Gov. John Engler

Dec. 31, 2001