Michigan Compiled Laws — INCOME TAX ACT OF 1967 (Act 281 of 1967)

Income tax act of 1967; short title.

This act is for the purpose of meeting deficiencies in state funds and shall be known and may be cited as the "income tax act of 1967".

Income tax act; rules of construction; internal revenue code, applicability.

(1) For the purposes of this part, the words, terms and phrases set forth in this chapter and their derivations have the meaning given therein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and in the singular number i…

"Business income” defined.

"Business income" means all income arising from transactions, activities, and sources in the regular course of the taxpayer's trade or business and includes the following: (a) All income from tangible and intangible property if the acquisition, rental, management, or disposition of the property constitutes integral par…

“Commercial domicile,” “compensation,” and “corporation” defined.

(1) "Commercial domicile" means the principal place from which the trade or business of the taxpayer is directed or managed. (2) "Compensation" means wages as defined in section 3401 and other payments as provided in section 3402 of the internal revenue code. (3) "Corporation" means, in addition to an incorporated enti…

Definitions; D, E.

(1) "Department" means the revenue division of the department of treasury. (2) "Dependent" means a dependent as defined in section 152 of the internal revenue code. (3) "Employee" means an employee as defined in section 3401(c) of the internal revenue code. Any person from whom an employer is required to withhold for f…

“Fiduciary” defined.

"Fiduciary" means a guardian, trustee, executor, administrator, executrix, administratrix, receiver, conservator, or any person acting in any fiduciary capacity, whether or not a resident of this state.

Definitions; F to N.

(1) "Flow-through entity" means an S corporation, partnership, limited partnership, limited liability partnership, or limited liability company. Flow-through entity does not include a publicly traded partnership as that term is defined in section 7704 of the internal revenue code that has equity securities registered w…

Nonbusiness income, nonresident and nonresident estate or trust; definitions.

(1) "Nonbusiness income" means all income other than business income. (2) "Nonresident" means any individual who is not a resident. (3) "Nonresident estate or trust" means any estate or trust not included in the definition of a resident estate or trust.

Person; definition.

"Person" includes any individual, firm, association, corporation, receiver, estate, trust or any other group or combination acting as a unit, and the plural as well as the singular number.

Resident and domicile; definitions.

(1) "Resident" means: (a) An individual domiciled in the state. "Domicile" means a place where a person has his true, fixed and permanent home and principal establishment to which, whenever absent therefrom he intends to return, and domicile continues until another permanent establishment is established. If an individu…

Sales and state; definitions.

(1) "Sales" means all gross receipts of the taxpayer not allocated under sections 110 to 114. (2) "State" means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any foreign country, or political subdivision, thereof.

“Tax” and “taxable value” defined.

(1) "Tax" includes interest and penalties and further includes the tax required to be withheld on income under part 3, unless the intention to give it a more limited meaning is disclosed by the context. (2) "Taxable value" means taxable value as calculated under section 27a of the general property tax act, 1893 PA 206,…

"Tax year" or "taxable year" defined.

"Tax year" or "taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which taxable income is computed under this part. In the case of a return made for a fractional part of a year, the term shall mean the period for which such return is made. Except for the first…

“Taxpayer” defined.

"Taxpayer" means any person subject to the taxes imposed by this part or subject to the withholding requirements under part 3.

(1) "Taxable income" means, for a person other than a corporation, estate, or trust, adjusted gross income as defined in the internal revenue code subject to the following adjustments under this section: (a) Add gross interest income and dividends derived from obligations or securities of states other than Michigan, in…

Taxable income; adjustment.

Notwithstanding any other provision of this part, for the 2012 tax year and each tax year after 2012 through the 2021 tax year, taxable income for purposes of this part means taxable income as determined under section 30 with the following adjustment. For the 2012 tax year and each tax year after 2012 through the 2021…

Taxable income; determination; deduction; eligibility; filing annual return; withholding form; filing claim to which not entitled; penalty and interest; taxable income derived from illegal activity; calculation of net operating loss deduction; change in status; definitions.

(1) Notwithstanding any other provision of this act and for the 2012 tax year and each tax year after 2012, "taxable income" means taxable income as determined under section 30 and, except as otherwise provided, subsequently adjusted under this section. (2) For the 2012 tax year and each tax year after 2012 and to the…

Adjustment; "mineral" and "qualified taxpayer" defined.

(1) Notwithstanding any other provision of this part, for the 2013 tax year and each tax year after 2013, taxable income for purposes of this part means taxable income as determined under section 30 with the following adjustment. For the 2013 tax year and each tax year after 2013, eliminate all of the following: (a) In…

"Taxable income" of resident estate or trust defined.

(1) "Taxable income" in the case of a resident estate or trust means federal taxable income as defined in the internal revenue code subject to the following adjustments: (a) Add gross interest income and dividends derived from obligations or securities of states other than Michigan, in the same amount which has been ex…

(1) For receiving, earning, or otherwise acquiring income from any source whatsoever, there is levied and imposed under this part upon the taxable income of every person other than a corporation a tax at the following rates in the following circumstances: (a) On and after October 1, 2007 and before October 1, 2012, 4.3…

Deposit of revenue into state brownfield redevelopment fund; definitions.

In addition to the distribution under sections 51 and 51d, from the revenue collected from the tax levied under section 51 an amount equal to the construction period tax capture revenues, withholding tax capture revenues, and income tax capture revenues due to be transmitted under all transformational brownfield plans…

Payment under MCL 125.2090g to 125.2090j; deposit into good jobs for Michigan fund; definitions.

(1) In addition to the distributions under sections 51 and 51d, from the revenue collected from the tax levied under section 51 an amount equal to that portion of the withholding tax capture revenues attributable to certified new jobs and due to be paid to an authorized business pursuant to a written agreement entered…

Renew Michigan fund; department of environment, Great Lakes, and energy administrator; use of funds disbursement percentages; annual report.

(1) The renew Michigan fund is created within the state treasury. The state treasurer may receive money or other assets from any source for deposit into the renew Michigan fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund inve…

Michigan taxpayer rebate fund.

(1) The Michigan taxpayer rebate fund is created within the state treasury. The state treasurer may receive money or other assets from any source for deposit into the Michigan taxpayer rebate fund. The state treasurer shall direct the investment of the Michigan taxpayer rebate fund. The state treasurer shall credit to…

Exemption.

A person with respect to whom a deduction is allowable to another taxpayer during the tax year is not considered to have an allowable exemption for purposes of section 30(2) and, notwithstanding sections 51 and 315, if that person has an adjusted gross income for that tax year of $1,500.00 or less, is exempt from the t…