SUMMARY OF MAJOR TAX
CHANGES
Since 1991, all of Michigan's
major taxes have been altered. Taxes that have been cut include the property,
income, single business, insurance, unemployment insurance, inheritance/estate,
and intangibles taxes. Taxes that have been increased include the sales,
use, tobacco, gasoline, motor carrier diesel fuel, and truck registration
taxes, along with the State markup on liquor prices. In addition, two new
taxes have been enacted-the State education property tax and the State
real estate transfer tax. (A third new tax, the casino wagering tax, will
not be discussed as it applies only to the three proposed casinos in Detroit,
which have not yet opened.) A description of each of these tax changes
is presented below. Further, Appendix A lists, by subject, the major
tax changes that were enacted in 1991 through August 1998. Appendix
B lists the changes in chronological order.
Property
Tax
Of the numerous taxes that
have been reduced since 1991, the property tax has experienced the most
significant reductions. In 1992 property assessments were frozen at their
1991 level, adjusted only for additions, losses, splits, and combinations.
Because of Headlee limitations on assessment increases the one-year freeze
has had the effect, in each year since 1992, of restricting property taxes
as a result of required rollbacks in millage rates. Assessments were restricted
more significantly by the voters' approval of Proposal A, which placed
in the Constitution a provision that limits annual assessment increases
on each parcel of property to the lesser of 5% or the rate of inflation,
until the ownership of a parcel of property is transferred, at which time
the taxable value of the property reverts to 50% of the market value of
the property. Approval of Proposal A also resulted in the establishment
of a six-mill State property tax on all property subject to the property
tax; and a levy of up to 18 mills imposed locally on nonhomestead property
(for a total of 24 mills on nonhomestead property). Statewide, prior to
the passage of Proposal A the average school operating millage was 36 mills.
Thus, in many areas of the State the changes brought about by the passage
of Proposal A represented substantial reductions in property taxes.
Income
Tax
From 1991 through August
1998 the income tax burden has been reduced in several ways:
-
The adoption of Proposal A included
a reduction in the State income tax rate from 4.6% to 4.4%, effective May
1, 1994, and an increase in the homestead property tax credit available
to renters.
-
The personal exemption was increased
from $2,100 to $2,400 in 1995 and 1996, and to $2,500 in 1997. In 1998,
the personal exemption was increased by $200, plus it began to be indexed
to inflation, which resulted in another $100 increase. As a result, the
personal exemption was increased to $2,800 for the 1998 tax year. Another
$100 increase is expected in 2000 due to indexing.
-
The amount senior taxpayers
may deduct from adjusted gross income for private pension and retirement
benefits was increased substantially, to $30,000 per person ($60,000 for
joint tax returns) as of September 30, 1994. In addition, seniors were
allowed to deduct interest, dividend, and capital gains income of up to
$3,500 per person, which will increase to $7,500 in 1998.
-
A new income tax credit was
enacted in 1995 for tuition and fees paid to a Michigan institution of
higher learning. This credit was originally capped at 4% of tuition, not
to exceed $250, but was subsequently increased in 1998 to 8% of tuition,
not to exceed $375. In order to qualify for this credit in any particular
year, the college or university to which the tuition is being paid must
not have increased its tuition by more than inflation.
-
A medical care credit was established,
to allow a taxpayer to claim a credit equal to 3.3% of contributions made
to a medical care savings account.
-
The community foundation/food
bank credit and the home heating credit were extended.
-
For the 1995 tax year only,
the Headlee Amendment Refund Credit allowed a taxpayer to claim a credit
equal to 2% of his or her tax on income in 1995.
-
Beginning in the 1998 tax year,
a new deduction for dependents under 13 years of age will be available
to taxpayers. The deduction equals $600 for dependents under seven years
of age and $300 for dependents under 13 years of age.
Single Business
Tax
The single business tax (SBT)
has seen significant changes since 1991. As with the income tax, the SBT
burden has been reduced in several ways:
-
The apportionment of the SBT
base has been revised twice. A company that does business in Michigan and
elsewhere must apportion its tax base to determine how much of its business
activity is attributable to Michigan. This is done by using a three-factor
formula that requires the firm to calculate the ratio of its property,
payroll, and sales in Michigan to its entire property, payroll, and sales,
and apply the ratio to its nationwide (or worldwide) tax base. The three
factors are weighted and these weights have been changed in recent years.
Originally, these three factors were all weighted evenly at one-third each.
In 1993 the formula was revised to give the sales factor a 50% weight,
and the payroll and property factors 25% each. Subsequent legislation further
increased the weight on the sales factor gradually over several years.
Under this latest change, by 1999, the weight on the sales factor will
increase to 90%, and the property and payroll factors will decline to 5%
each. (For example, a Michigan-based company with significant property
and payroll in Michigan must include those under the apportionment formula,
while an outside company that sells products here but has no physical presence
in Michigan can exclude property and payroll from the calculation. If the
two companies have similar sales factors, the outside company pays less
SBT. As a result of the amendments, the tax for both companies will be
based substantially on the same factor-sales-regardless of the point of
manufacture.)
-
The gross receipts filing threshold
was increased from $40,000 to $60,000 in 1991; $100,000 in 1992; $137,000
in 1993; and $250,000 in 1994 and beyond.
-
The SBT rate was reduced from
2.35% to 2.3% on October 1, 1994.
-
The small business credit was
revised and expanded as a result of raising to $10 million (from $7.5 million)
the ceiling on gross receipts.
-
The small business alternative
profits tax was decreased from 4% to 3%, and then from 3% to 2%.
-
Employers' payments for Social
Security, workers' compensation, and unemployment compensation were removed
from the SBT base.
-
The allowable compensation paid
to an officer or shareholder of a firm, for purposes of qualifying for
the small business credit, was increased.
-
The community foundation and
homeless shelter/food bank credits were extended twice: through the 1997
tax year, and then indefinitely. In addition, the aggregate cap on these
credits was removed.
-
New tax credits were created
for taxpayers developing brownfield lands, and taxpayers hiring and training
16- to 19-year-old apprentices.
-
Businesses operating in a renaissance
zone are eligible for a complete exemption from the single business tax
for the portion of their tax liability attributable to their business activity
within the renaissance zone.
Sales and Use
Taxes
-
By a vote of the people the
sales and use taxes were increased from 4% to 6%, effective May 1,
1994.
-
The use tax was imposed on interstate
telephone calls.
-
The sale of electricity, natural
and artificial gas, steam, and home heating fuel was exempted from the
2% tax increase.
-
When the cigarette excise tax
was increased from 25 cents to 75 cents per pack in 1994, the excise tax
was also included as part of the price of cigarettes on which the sales
tax on cigarettes is based.
-
Several sales and/or use tax
exemptions were granted. Items exempted include live animals sold for human
consumption; subsurface irrigation pipe used in the production of agricultural
products; aircraft parts and materials affixed or to be affixed in Michigan;
certain air cargo planes, including parts and materials; certain commercial
advertising elements; specific telecommunications equipment; certain foods
sold from a vending machine or mobile facility; and tangible materials
used to construct, repair, or improve a church sanctuary. In addition,
a partial exemption was granted for truck and trailer sales based on the
percentage of their use in Michigan.
Real Estate Transfer
Tax
-
Pursuant to voter approval of
Proposal A, the State real estate transfer tax was created and imposed
on the transfer of all real property not specifically exempted, at the
rate of .75% of the value of the property being transferred.
Tobacco
Tax
-
The tax on cigarettes was increased
by 50 cents per pack, and a 16% tax on the wholesale price of noncigarette
tobacco products was imposed, effective May 1, 1994, pursuant to voter
approval of Proposal A.
Inheritance/Estate
Tax
-
The inheritance tax was reduced,
for deaths after 1992, as the result of increasing the exemptions for close
relatives and exempting from the tax the transfer of property or ownership
of a qualified business to a qualified heir, and the transfer of qualified
farm property to a qualified heir.
-
The inheritance tax was eliminated,
for deaths after September 30, 1993, and replaced with an estate tax that
is tied to the Federal credit permitted for death taxes paid to the State.
The effect of this change has been to minimize the death tax liability
of heirs.
-
Michigan's estate tax was updated
to reflect the latest changes made to the Federal estate tax in the Federal
Taxpayer Relief Act of 1997. These changes include phased-in increases
in the estate tax exemption, which will reduce Michigan's estate tax.
Insurance Tax
-
Retroactive to January 1, 1991,
an insurance company's tax base is a portion of its adjusted receipts,
rather than its gross receipts as was required previously.
Intangibles Tax
-
The intangibles tax was reduced
in two ways: increasing the allowable credit for tax years after 1993,
and reducing the tax by 25% in 1994, 50% in 1995 and 1996, and 75% in
1997.
-
The intangibles tax was repealed
on January 1, 1998.
Unemployment Compensation
Tax
-
The minimum tax rate was reduced
in 1994 and 1995 from 1% to .5%, and to .4% in 1996.
-
Employer contribution tax rates
were reduced by 10% beginning in 1996 which, combined with other changes
to the unemployment compensation system, will result in significant savings
to employers over the next five years.
Transportation
Taxes
-
The motor carrier diesel fuel
tax was increased from 9 cents to 21 cents per gallon, effective April
1, 1997. In addition, a new credit against this tax was created equal to
6 cents for each gallon purchased in Michigan, and an annual per-vehicle
decal fee was eliminated.
-
The gasoline tax was increased
four cents per gallon, from 15 cents to 19 cents, beginning August 1,
1997.
-
Registration fees for large
trucks were increased 30%, and registration fees on commercial pickups
and vans were increased by switching from a fee based on vehicle weight
to an ad valorem tax, beginning October 1997.
Michigan Economic Growth
Authority
The estimates of the impact
of the numerous tax changes in this report do not include the impacts of
the tax credits granted by the Michigan Economic Growth Authority (MEGA).
Under MEGA, which was enacted in 1995, companies that make substantial
investment and create a certain level of new jobs in Michigan, and would
have otherwise located in another state, may be granted, at the discretion
of the MEGA Board, tax credits against the single business tax for up to
20 years. While many tax credits have been granted to selected companies
under MEGA, the cost of these tax credits is not included in this report
because without the credits, these businesses would have reportedly located
in another state and would not have paid any Michigan taxes. Therefore,
the tax cuts granted under MEGA do not represent a cut in existing taxes,
as do all the other tax cuts contained in this report.
Renaissance
Zones
The creation of renaissance
zones is limited to a small number of areas statewide. The Renaissance
Zone Act, enacted in 1996 and effective for 1997 and thereafter, provides
for the designation of renaissance zones in which businesses and residents
receive tax exemptions and credits, and property is exempt from property
taxes, for up to 15 years. The Act allows for the designation of up to
nine renaissance zones, plus additional zones in qualified local units
that contain a closed military installation. The zones were chosen by the
State Administrative Board as recommended by the Governor.
The designated zones include
six urban areas, three rural areas, and two former military installations.
The urban areas are: 1) Benton Harbor/St. Joseph/Benton Township (120 acres,
10 years); 2) Detroit (1,345 acres, 12 years); 3) Flint (836 acres, 15
years); 4) Grand Rapids (536 acres, 15 years); 5) Lansing (110 acres, 12
years); and 6) Saginaw (743 acres, 12 years).
The designated rural areas
are: 1) Gogebic/Ontonagon/Houghton Counties (2,917 acres, 15 years); 2)
Manistee County (556 acres, 15 years); and 3) Montcalm/Gratiot Counties
(1,870 acres, 15 years). The military installations are Warren Tank (153
acres, 15 years), and Wurtsmith Air Force Base (2,202 acres, 15 years).
Except as otherwise provided
for ineligible individuals or businesses, a person who is a resident of
a renaissance zone, or a business that is located and conducts business
activity within a renaissance zone, will receive for up to a designated
number of years an exemption, deduction, or credit as provided under the
following Acts: the Single Business Tax Act, the Income Tax Act, the City
Income Tax Act, and the City Utility Users Tax Act. Except as otherwise
provided for ineligible individuals or businesses, property located in
a renaissance zone is exempt from the collection of taxes under all of
the following: the General Property Tax Act, the Plant Rehabilitation and
Industrial Development Districts Act, the Commercial Redevelopment Act,
the Enterprise Zone Act, Public 189 of 1953 (which provides for the taxation
of lessees or users of tax-exempt property), the Technology Park Development
Act, Section 51105 of the Natural Resources and Environmental Protection
Act (which provides for an annual specific tax on commercial forests),
and the Neighborhood Enterprise Zone Act.