HOUSE BILL NO. 5200
November 06, 2019, Introduced by Reps.
Clemente, Hammoud, Ellison, Lasinski, Hood, Sowerby, Shannon, Tate,
Manoogian, Sabo, Cherry, Brixie, Pagan, Haadsma, Wittenberg, Guerra and
Bolden and referred to the Committee on Tax Policy.
A bill to amend 1967 PA 281, entitled
"Income tax act of 1967,"
(MCL 206.1 to 206.713) by adding sections 279 and 679.
the people of the state of michigan enact:
Sec. 279. (1) For tax years beginning
on and after January 1, 2020, a qualified taxpayer may claim a credit against
the tax imposed by this part equal to the sum of 50% of the qualified expenses
defined in subsection (5)(c)(i) and (ii) and 100% of the qualified expenses
defined in subsection (5)(c)(iii) paid by the qualified taxpayer in
the tax year or $2,000.00 for each apprentice trained by the qualified taxpayer
in the tax year, whichever is less.
(2)
If the credit allowed under this section exceeds the tax liability of the
taxpayer under this act for the tax year, that portion of the credit that
exceeds the tax liability shall be refunded.
(3)
The credit allowed under this section shall be claimed on the annual return
required under section 311. For a taxpayer that is not required to file an
annual return, the department shall provide that the credit under this section
may be claimed on a form prescribed by the department.
(4)
For each year that this credit is in effect, the department of labor and
economic opportunity shall prepare a report containing information including,
but not limited to, the number of qualified taxpayers taking advantage of the
apprenticeship credit, the number of apprentices participating in the program,
the number of apprentices who complete a program the costs of which were the
basis of a credit under this section, the number of apprentices that were hired
by the taxpayer after the apprenticeship training was completed for which the
taxpayer claimed a credit under this section for the costs of training that
apprentice, information on the employment status of individuals who have
completed an apprenticeship to the extent the information is available, and the
fiscal impact of the apprenticeship credit. This report shall then be transmitted
to the house tax policy and senate finance committees and to the house and
senate appropriations committees. This report shall be due no later than the
first day of March each year.
(5)
As used in this section:
(a)
"Apprentice" means a person who is a resident of this state, is 16
years of age or older, and is trained by a taxpayer through a program that
meets all of the following criteria:
(i) The program is registered with the
employment and training administration of the United States Department of Labor.
(ii) The program is provided pursuant to
an apprenticeship agreement signed by the taxpayer and the apprentice.
(iii) The program is filed with a local
workforce development board.
(b)
"Local workforce development board" means a board authorized under the
workforce innovation and opportunity act in 29 USC 3101 to 3361 that has the
responsibility to ensure that the workforce needs of the employers in the
geographic area governed by the local unit of government are met.
(c)
"Qualified expenses" means all of the following expenses paid by the
taxpayer in a tax year that begins after December 31, 2019 that were not paid
for with funds the taxpayer received or retained, that the taxpayer would not
otherwise have received or retained, and that are used for training an
apprentice:
(i) Salary and wages paid to an
apprentice.
(ii) Fringe benefits and other payroll
expenses paid for the benefit of an apprentice.
(iii) Costs of classroom instruction and
related expenses identified as costs for which the taxpayer is responsible
under an apprenticeship agreement, including, but not limited to, tuition,
fees, and books for college-level courses.
(d)
"Qualified taxpayer" means a taxpayer that has 20 full-time employees
or less.
Sec. 679. (1) For tax years beginning
on and after January 1, 2020, a qualified taxpayer may claim a credit against
the tax imposed by this part equal to the sum of 50% of the qualified expenses
defined in subsection (5)(c)(i) and (ii) and 100% of the qualified expenses
defined in subsection (5)(c)(iii) paid by the qualified taxpayer in
the tax year or $2,000.00 for each apprentice trained by the qualified taxpayer
in the tax year, whichever is less.
(2)
If the credit allowed under this section exceeds the tax liability of the
taxpayer under this act for the tax year, that portion of the credit that
exceeds the tax liability shall be refunded.
(3)
The credit allowed under this section shall be claimed on the annual return
required under section 685. For a taxpayer that is not required to file an annual
return, the department shall provide that the credit under this section may be
claimed on a form prescribed by the department.
(4)
For each year that this credit is in effect, the department of labor and
economic opportunity shall prepare a report containing information including,
but not limited to, the number of qualified taxpayers taking advantage of the
apprenticeship credit, the number of apprentices participating in the program,
the number of apprentices who complete a program the costs of which were the
basis of a credit under this section, the number of apprentices that were hired
by the taxpayer after the apprenticeship training was completed for which the
taxpayer claimed a credit under this section for the costs of training that
apprentice, information on the employment status of individuals who have
completed an apprenticeship to the extent the information is available, and the
fiscal impact of the apprenticeship credit. This report shall then be
transmitted to the house tax policy and senate finance committees and to the
house and senate appropriations committees. This report shall be due no later
than the first day of March each year.
(5)
As used in this section:
(a)
"Apprentice" means a person who is a resident of this state, is 16
years of age or older, and is trained by a taxpayer through a program that
meets all of the following criteria:
(i) The program is registered with the
employment and training administration of the United States Department of
Labor.
(ii) The program is provided pursuant to
an apprenticeship agreement signed by the taxpayer and the apprentice.
(iii) The program is filed with a local
workforce development board.
(b)
"Local workforce development board" means a board authorized under
the workforce innovation and opportunity act in 29 USC 3101 to 3361 that has
the responsibility to ensure that the workforce needs of the employers in the
geographic area governed by the local unit of government are met.
(c)
"Qualified expenses" means all of the following expenses paid by the
taxpayer in a tax year that begins after December 31, 2019 that were not paid
for with funds the taxpayer received or retained, that the taxpayer would not
otherwise have received or retained, and that are used for training an
apprentice:
(i) Salary and wages paid to an
apprentice.
(ii) Fringe benefits and other payroll
expenses paid for the benefit of an apprentice.
(iii) Costs of classroom instruction and
related expenses identified as costs for which the taxpayer is responsible
under an apprenticeship agreement, including, but not limited to, tuition,
fees, and books for college-level courses.
(d) "Qualified taxpayer" means a taxpayer that has 20 full-time employees or less.