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Tax Climate

Promote More Favorable Treatment of Interest Expense Deductibility

Staff Contact

Leah Robinson

Director of Legislative Affairs

(517) 371-7669 | lrobinson@michamber.com

Summary of Bill & What It Means to You

SB 195: This legislation is in reaction to the Michigan Department of Treasury notice that limits a taxpayer’s ability to fully take advantage of the Internal Revenue Codes (IRC) section on interest expense deductibility.  To allow taxpayers to take full advantage of this federal tax provision for state purposes, the Michigan Chamber is looking to codify a more favorable interpretation of the law.

Chamber Position

Support: The Michigan Chamber supports this legislation.  The Michigan Chamber respectfully disagrees with the Department of Treasury’s interpretation of section 163j of the IRC.  In order to supersede the Department’s interpretation, passing legislation is required.

Bill Sponsors

This bill is a Job Killer

Primary Sponsor: Sen. Eric Nesbitt, District 26

Related Issues

Oppose
Unconstitutional Expansion of Gaming

SB 396, SB 397, SB 398 and SB 399 will allow an unconstitutional expansion of casino gaming that disregards the established precedent set around a highly regulated and highly taxed industry. When Government regulates an industry to such a degree, specific and often difficult hurdles stand in the way of changing how these industries operate. Unless total deregulation of highly regulated industries occurs, all businesses must play by the established rules.

Support
Partnership Audit Reform

SB 248  will allow for a streamlined, predictable method for reporting changes in federal tax liability to state tax authorities where one does not currently exist.  This promotes tax compliance and efficiency.

The legislation is a part of a national effort to codify the Multistate Tax Commission’s (MTC) model statute (Model Uniform Statute and Regulation for Reporting Adjustments to Federal Taxable Income and Federal Partnership Audit Adjustments) in response to the federal centralized partnership audit regime enacted by Congress in 2015.

Support
Promote More Favorable Treatment of Interest Expense Deductibility

SB 195: This legislation is in reaction to the Michigan Department of Treasury notice that limits a taxpayer’s ability to fully take advantage of the Internal Revenue Codes (IRC) section on interest expense deductibility.  To allow taxpayers to take full advantage of this federal tax provision for state purposes, the Michigan Chamber is looking to codify a more favorable interpretation of the law.

Support
Allowing for Immediate Expensing of Capital Expenditures

HB 4324:  This legislation would allow a business making a capital investment to expense the purchase in the year of acquisition.  By expensing 100% of an asset in one-year, taxable income will be reduced more favorably as opposed to having to expense the asset over a number of years.  The legislation also reduced compliance burdens for taxpayers because it aligns Michigan with federal depreciation methodologies.

Oppose
Eliminating the Student Assessments Two Years in a Row

HB 4310 and HB 4311:  This legislation would eliminate the requirement that k-12 students take the annual assessment designed to gauge how well students are mastering state standards.

Support
Eliminating the Tax on Personal Protection Equipment

HB 4224 and HB 4225:  This legislation exempts from sales and use tax the sale of personal protective equipment (PPE) and supplies to a person engaged in a business enterprise that has implemented a COVID-19 safety protocol plan.  The exemptions would be retroactive and apply beginning March 10, 2020, through December 31, 2021.

Support
Small Business Tax Cut

HB 5376 (formerly HB 4288): This legislation is expected to save businesses organized as s-corporations, partnerships, limited partnerships, limited liability partnerships and limited liability companies almost $200 million in taxes per year.

Business types listed above, commonly referred to as “passthrough” businesses, will be able to fully deduct their state and local taxes (SALT) from their federal income under changes made in HB 5376  thereby, significantly reducing their federal tax liability.  Because the legislation shifts the tax away from an individual and to the business entity, taxpayers can get out from underneath the federal $10,000 cap on SALT deductions.

Oppose
Impose a Graduated Income Tax in Michigan

SJR C (Irwin):  This joint resolution would eliminate Michigan’s longstanding, fair, flat income tax and replace it with one with a graduated one.  A flat rate income tax is when with one tax rate applying to all incomes.  A graduated income tax rate, also called a progressive tax, is a tax structure that levies increasingly higher tax rates on higher-earning individuals or businesses. Essentially, under this kind of system: the more you make, the more you pay.

Oppose
Violate Michigan’s Constitutional Restrictions on Local Taxes Funding School Operations

SB 20 (Zorn):  The legislation would expand the allowable use of “Sinking Funds” to be used for the purchase of school busses.  Sinking Funds are a special pots of resources a school district can request from taxpayers to use for very limited, capital improvements to real property.  Sinking funds are funded by local property tax millages.