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MI SB0658

Bill

Status

Passed

12/31/2014

Primary Sponsor

James Ananich

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Origin

Senate

97th Legislature

AI Summary

  • Creates statutory nexus standard for sales tax collection by presuming out-of-state sellers engaged in Michigan retail sales if they or affiliated persons conduct qualifying activities in the state, including maintaining facilities, using employees to promote sales, or sharing management systems.

  • Establishes affiliate nexus provision presuming sellers are engaged in Michigan retail sales if cumulative referral sales from Michigan residents exceed $10,000 in preceding 12 months and seller's total Michigan sales exceed $50,000 in that period.

  • Allows presumptions to be rebutted by demonstrating activities are not significantly associated with establishing or maintaining market in Michigan, with specific conditions for written agreements and statements from resident referral partners.

  • Excludes advertisement revenue arrangements from affiliate nexus unless payments consist of commissions or consideration based on completed sales.

  • Takes effect October 1, 2015, and applies to transactions on or after that date, including referral sales from the 12 months preceding the effective date.

Legislative Description

Sales tax; collections; collection of sales tax by retailers; create a statutory nexus standard. Amends 1933 PA 167 (MCL 205.51 - 205.78) by adding sec. 3a.

Sales tax, collections

Last Action

Assigned Pa 0553'14

12/31/2014

Committee Referrals

Tax Policy12/11/2014
Economic Development10/31/2013

Full Bill Text

No bill text available