2007 House Bill 5096 / Public Act 104

Revise “deferred assets” taxation under new state business tax

Introduced in the House

Aug. 8, 2007

Introduced by Rep. Steve Bieda (D-25)

To retroactively change some definitions in the Use Tax Act (related to who is a "taxpayer" for purposes of claiming a bad debt deduction) that will have the effect of reversing the judgement of the Supreme Court in the case "DaimlerChrysler Services North America, LLC v. Department of Treasury," under which the state will be required to honor $93 million in tax refund claims. The bill would also result in an additional $30 million in annual use tax paid by business in the future.

Referred to the Committee on Tax Policy

Sept. 24, 2007

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 56 to 52 (details)

Received in the Senate

Sept. 25, 2007

Referred to the Committee of the Whole

Sept. 30, 2007

Passed in the Senate 22 to 16 (details)

To retroactively change some definitions in the Use Tax Act (related to who is a "taxpayer" for purposes of claiming a bad debt deduction) that will have the effect of reversing the judgement of the Supreme Court in the case "DaimlerChrysler Services North America, LLC v. Department of Treasury," under which the state will be required to honor $93 million in tax refund claims. The bill would also result in an additional $30 million in annual use tax paid by business in the future.

Signed by Gov. Jennifer Granholm

Oct. 1, 2007