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Bill > HB5746
MI HB5746
MI HB5746Sales tax: collections; certain requirements imposed on marketplace facilitators related to tax collections; provide exceptions and waivers. Amends sec. 5c of 1937 PA 94 (MCL 205.95c).
summary
Introduced
05/23/2024
05/23/2024
In Committee
05/23/2024
05/23/2024
Crossed Over
Passed
Dead
12/31/2024
12/31/2024
Introduced Session
102nd Legislature
Bill Summary
A bill to amend 1937 PA 94, entitled"Use tax act,"by amending section 5c (MCL 205.95c), as added by 2019 PA 144.
AI Summary
This bill amends the Use Tax Act to impose certain requirements on marketplace facilitators related to sales tax collections. Key provisions include:
1. Requiring marketplace facilitators with a nexus in Michigan to collect and remit sales tax on all taxable sales made through their platforms, regardless of whether the marketplace seller has a nexus in Michigan.
2. Designating marketplace facilitators as taxpayers under the Act, with all the rights and duties of a taxpayer.
3. Prohibiting class action lawsuits against marketplace facilitators by purchasers related to overpayment of sales tax.
4. Providing exceptions and waivers for marketplace facilitators and sellers in certain scenarios, such as when the facilitator is relieved of liability due to incorrect or insufficient information provided by the seller.
5. Introducing new definitions, including "delivery network company" and "qualified delivery network sale", and outlining the specific tax obligations and audit procedures for these types of transactions.
The bill aims to clarify the responsibilities and liabilities of marketplace facilitators and sellers in the context of sales tax collection and remittance.
Committee Categories
Budget and Finance
Sponsors (4)
Last Action
Bill Electronically Reproduced 05/23/2024 (on 05/28/2024)
Bill Topics
Government Operations
- ‐ Tax Administration and Collection of Revenue
Macroeconomics
- ‐ Taxation, Tax Policy, and Tax Reform
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://legislature.mi.gov/Bills/Bill?ObjectName=2024-HB-5746 | 05/23/2024 |
| BillText | https://legislature.mi.gov/documents/2023-2024/billintroduced/House/htm/2024-HIB-5746.htm | 05/23/2024 |
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