HOUSE BILL No. 6211

 

May 26, 2010, Introduced by Reps. Durhal, Calley, Melton, Johnson, Constan, Huckleberry, Nathan, Slavens, Liss, Young, Womack, Kennedy, Haugh, Terry Brown, Stanley, Sheltrown, Geiss, Bledsoe, Smith, Roberts, Leland, Donigan, Barnett, Hammel, Lemmons, Slezak, Dean, Meadows, Nerat, Cushingberry, Gonzales, Neumann, Spade, Walsh, Valentine, Jackson and Stamas and referred to the Committee on Tax Policy.

 

     A bill to amend 1941 PA 122, entitled

 

"An act to establish the revenue collection duties of the

department of treasury; to prescribe its powers and duties as the

revenue collection agency of this state; to prescribe certain

powers and duties of the state treasurer; to establish the

collection duties of certain other state departments for money or

accounts owed to this state; to regulate the importation, stamping,

and disposition of certain tobacco products; to provide for the

transfer of powers and duties now vested in certain other state

boards, commissions, departments, and offices; to prescribe certain

duties of and require certain reports from the department of

treasury; to provide procedures for the payment, administration,

audit, assessment, levy of interests or penalties on, and appeals

of taxes and tax liability; to prescribe its powers and duties if

an agreement to act as agent for a city to administer, collect, and

enforce the city income tax act on behalf of a city is entered into

with any city; to provide an appropriation; to abolish the state

board of tax administration; to prescribe penalties and provide

remedies; and to declare the effect of this act,"

 

by amending sections 24 and 31 (MCL 205.24 and 205.31), section 24

 

as amended by 2003 PA 201 and section 31 as amended by 2002 PA 657.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 


     Sec. 24. (1) If a taxpayer fails or refuses to file a return

 

or pay a tax administered under this act within the time specified,

 

the department, as soon as possible, shall assess the tax against

 

the taxpayer and notify the taxpayer of the amount of the tax. A

 

liability for a tax administered under this act is subject to the

 

interest and penalties prescribed in subsections (2) to (5).

 

     (2) Except as provided in subsections (3), (6), and (7), if a

 

taxpayer fails or refuses to file a return or pay a tax within the

 

time specified for notices of intent to assess issued on or before

 

February 28, 2003, a penalty of $10.00 or 5% of the tax, whichever

 

is greater, shall be added if the failure is for not more than 1

 

month, with an additional 5% penalty for each additional month or

 

fraction of a month during which the failure continues or the tax

 

and penalty is not paid, to a maximum of 50%. Except as provided in

 

subsections (3), (6), and (7), if a taxpayer fails or refuses to

 

file a return or pay a tax within the time specified for notices of

 

intent to assess issued after February 28, 2003, a penalty of 5% of

 

the tax shall be added if the failure is for not more than 2

 

months, with an additional 5% penalty for each additional month or

 

fraction of a month during which the failure continues or the tax

 

and penalty is not paid, to a maximum of 25%. In addition to the

 

penalty, interest at the rate provided in section 23 for

 

deficiencies in tax payments shall be added on the tax from the

 

time the tax was due, until paid. After June 30, 1994, the penalty

 

prescribed by this subsection shall not be imposed until the

 

department submits for public hearing pursuant to the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 


24.328, a rule defining what constitutes reasonable cause for

 

waiver of the penalty under subsection (4), which definition shall

 

include illustrative examples.

 

     (3) If a person is required to remit tax due pursuant to

 

section 19(2) and fails or refuses to pay the tax within the time

 

specified, a penalty of 0.167% of the tax shall be added for each

 

day during which the failure continues or the tax and penalty are

 

not paid as follows:

 

     (a) For notices of intent to assess issued on or before

 

February 28, 2003, to a maximum of 50% of the tax.

 

     (b) For notices of intent to assess issued after February 28,

 

2003, to a maximum of 25% of the tax.

 

     (4) If a return is filed or remittance is paid after the time

 

specified and it is shown to the satisfaction of the department

 

that the failure was due to reasonable cause and not to willful

 

neglect, the state treasurer or an authorized representative of the

 

state treasurer shall waive the penalty prescribed by subsection

 

(2).

 

     (5) For failure or refusal to file an information return or

 

other informational report required by a tax statute, within the

 

time specified, a penalty of $10.00 per day for each day for each

 

separate failure or refusal may be added. The total penalty for

 

each separate failure or refusal shall not exceed $400.00.

 

     (6) If a taxpayer fails to pay an estimated tax payment as may

 

be required by the income tax act of 1967, 1967 PA 281, MCL 206.1

 

to 206.532, a penalty shall not be imposed if the taxpayer was not

 

required to make estimated tax payments in the taxpayer's

 


immediately preceding tax year.

 

     (7) Notwithstanding any other provision of this act, for any

 

return or tax remittance due on August 15, 2003 that was filed or

 

remitted not later than August 22, 2003, the department shall waive

 

all interest and penalty for the failure to file or remit for the

 

period of August 15, 2003 through August 22, 2003.

 

     (8) In addition to any other interest or penalty prescribed

 

under this section, a taxpayer who has failed to file a return or

 

pay a tax that was due before January 1, 2010, during a period for

 

which amnesty is available under section 31(3), is liable for an

 

additional penalty equal to 25% of the amount of tax due.

 

     Sec. 31. (1) If a taxpayer does not satisfy a tax liability or

 

makes an excessive claim for a refund as a result of reliance on

 

erroneous current written information provided by the department,

 

the state treasurer shall waive all criminal and civil penalties

 

provided by law for failing or refusing to file a return, for

 

failing to pay a tax, or for making an excessive claim for a refund

 

for a tax administered by the department of treasury pursuant to

 

this act if the taxpayer makes a written request for a waiver,

 

files a return or an amended return, and makes full payment of the

 

tax and interest.

 

     (2) For a period to be designated by the state treasurer of

 

not less than 30 days and not more than 60 days, and ending before

 

September 30, 2002, there shall be an amnesty period during which

 

the state treasurer shall waive all criminal and civil penalties

 

provided by law for failing or refusing to file a return, for

 

failing to pay a tax, or for making an excessive claim for a refund

 


for a tax administered by the revenue division of the department of

 

treasury under this act if the taxpayer makes a written request for

 

a waiver, files a return or an amended return, and makes full

 

payment in either a lump sum or installments as provided under

 

subsection (9) (11), of the tax and interest due for any prior tax

 

year.

 

     (3) There shall be an amnesty period lasting 60 days and

 

ending June 30, 2011, during which the state treasurer shall waive

 

all criminal and civil penalties provided by law for failing or

 

refusing to file a return, for failing to pay a tax, or for making

 

an excessive claim for a refund for a tax administered by the

 

department of treasury under this act if the taxpayer makes a

 

written request for a waiver on a form prescribed by the

 

department, files a return or an amended return, and makes full

 

payment in either a lump sum or installments as provided under

 

subsection (10), of the tax and interest due for any prior tax

 

year.

 

     (4) (3) This section applies to the nonreporting and

 

underreporting of tax liabilities and to the nonpayment of taxes

 

previously determined to be due, but only to the extent of the

 

penalties attributable to the taxes that were previously due and

 

that are paid during the amnesty period provided for in subsection

 

(2).

 

     (5) (4) The Subject to subsections (7), (8), (9), (10), and

 

(11), the department shall administer this section.

 

     (6) (5) Subsection (2) (3) does not apply to taxes due after

 

June 1, 2001 January 1, 2010.

 


     (7) (6) There For the fiscal year ending September 30, 2011,

 

there is appropriated from the revenues generated by taxes paid

 

under subsection (2) (3) the sum of $1,500,000.00 to the department

 

of treasury for internal administration of the amnesty program

 

created by the amendatory act that added amended this subsection or

 

for other enhanced tax compliance efforts. This appropriation is

 

allotted for expenditure on and after October 1, 2001 2010. Only

 

general purpose revenue generated by the amendatory act that added

 

amended this subsection may be used to finance this appropriation.

 

     (8) Consistent with sound collection purposes and to maximize

 

the effectiveness and gross collections of this tax amnesty

 

program, the department of treasury shall, after the effective date

 

of the amendatory act which added this subsection, issue a request

 

for proposals and select via a competitive bid process an eligible

 

collection agency to collect all debt eligible for amnesty and to

 

provide supplemental administration for the amnesty program created

 

by subsection (3). The request for proposals to be issued by the

 

department of treasury shall require that the eligible collection

 

agency which is selected via a competitive bidding process will

 

collect all debt eligible for amnesty on a contingency fee basis

 

which incentivizes performance that inures to the fiduciary

 

interests of the taxpayers of this state. The department of

 

treasury shall do all of the following:

 

     (a) Expend the funds necessary for purposes of contracting and

 

employing personnel for the collection of delinquent state taxes

 

and other debts that the department of treasury has undertaken to

 

collect.

 


     (b) Enter into agreements with third parties to publicly

 

advertise, collect eligible taxes, and supplement the

 

administration of this section under which contingency and other

 

fees may be payable to third parties.

 

     (c) Make payments authorized by this subsection to third

 

parties from payments received by taxpayers under this section.

 

The competitive selection and award of a contract to an eligible

 

collection agency as required by this subsection shall be completed

 

no later than 120 days before the first day of amnesty period

 

authorized by subsection (3). As used in this subsection, an

 

"eligible collection agency" means a third-party collection agency

 

which has contracted for and performed tax amnesty collection

 

services on behalf of another state within the 5 years immediately

 

preceding the amendatory act which added this subsection, which has

 

not previously attempted to collect any of the taxpayer debt for

 

which amnesty is being sought, and which shall provide collection

 

and supplemental administration services at a location in this

 

state within 100 miles of Lansing from a facility located in a

 

metropolitan statistical area in which the 2009 annual average

 

unemployment rate exceeded the 2009 annual average unemployment

 

rate for the state of Michigan as determined by the United States

 

department of labor bureau of labor statistics.

 

     (9) (7) The state treasurer shall not waive criminal and civil

 

penalties applicable to a tax under subsection (2) if 1 or more of

 

the following circumstances apply:

 

     (a) If the taxpayer is eligible to enter into a voluntary

 

disclosure agreement under section 30c for that tax.

 


     (b) If the tax is attributable to income derived from a

 

criminal act, if the taxpayer is under criminal investigation or

 

involved in a civil action or criminal prosecution for that tax, or

 

if the taxpayer has been convicted of a felony under this act or

 

the internal revenue code of 1986.

 

     (10) (8) The department shall provide reasonable notice to

 

taxpayers that may be eligible for the amnesty program at least 30

 

days before the start of the designated amnesty period.

 

Notification shall include, but is not limited to, a description of

 

the amnesty program on appropriate tax instruction forms and on the

 

internet.

 

     (11) (9) Under the amnesty program described in subsection

 

(2), a taxpayer may pay tax and interest due in installments if the

 

taxpayer meets 1 of the following:

 

     (a) The taxpayer is an individual and submits the greater of

 

$10,000.00 or 50% of the tax and interest due with the request for

 

waiver under subsection (2) (3) and pays the remaining tax and

 

interest due in 2 equal installments, the first installment due no

 

later than August 15, 2002 and the second installment due no later

 

than September 15, 2002 within 90 days immediately following the

 

last day of the amnesty period authorized under subsection (3).

 

     (b) A taxpayer that is not an individual submits the greater

 

of $100,000.00 or 50% of the tax and interest due with the request

 

for waiver under subsection (2) (3) and pays the remaining tax and

 

interest due in 2 equal installments, the first installment due no

 

later than August 15, 2002 and the second installment due no later

 

than September 15, 2002 within 90 days immediately following the

 


last day of the amnesty period authorized under subsection (3).