Loading chat...

MI HB5989

Bill

Status

Introduced

11/8/2012

Primary Sponsor

Aric Nesbitt

Click for details

Origin

House of Representatives

96th Legislature

AI Summary

  • Prohibits the Michigan Department of Treasury from basing tax deficiency assessments on indirect audit procedures without the taxpayer's written approval when the taxpayer has filed all required returns and maintained adequate records.

  • Requires that any indirect audit of a compliant taxpayer include a review of books and records, credibility evaluation of evidence, investigation of taxpayer-presented refuting evidence, and must not be conducted arbitrarily.

  • Defines "indirect audit procedure" as an audit method using circumstantial evidence to determine tax liability based on omitted income, overstated deductions, or both.

  • Establishes that tax deficiency projections from samples require written taxpayer approval and allows the department to use any reasonable method to reconstruct income, deductions, or expenses using third-party records.

  • Clarifies that blanket exemption claims for qualifying purchasers do not require renewal or updates if a recurring business relationship exists (sales transactions within 12-month periods).

Legislative Description

Sales tax; other; extrapolation by state or state-hired auditors without consent of entity being audited; prohibit. Amends sec. 18 of 1933 PA 167 (MCL 205.68).

Sales tax, other

Last Action

Printed Bill Filed 11/09/2012

11/27/2012

Committee Referrals

Tax Policy11/8/2012

Full Bill Text

No bill text available