2003 House Bill 5331 / 2004 Public Act 126

Tax breaks for "start-up business"

Introduced in the House

Dec. 2, 2003

Introduced by Rep. Lorence Wenke (R-63)

To exempt for five years a "qualified start-up business" from any single business tax (SBT) liability in a year in which it does not make a profit. (Note: The SBT is a tax on the value added by a firm in producing a product, which means that a firm may owe SBT tax even though it makes no profit.) A "qualified start-up business" is defined as a firm that has fewer than 25 full-time equivalent employees, has annual sales of less than $1 million, has research and development expenses that make up at least 15-percent of its annual expenses, and is not publicly traded. This does not necessarily apply only to new firms, and the five year exemption is not necessarily the firm's first five years of operation.

Referred to the Committee on Tax Policy

April 21, 2004

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

April 27, 2004

Substitute offered

To replace the previous version of the bill with one that incorporates certain additional restrictions and requirements designed to more narrowly target the tax breaks at certain kinds of businesses, and make it harder for non-targeted firms to make themselves eligible by changing their business structure.

The substitute passed by voice vote

Amendment offered by Rep. William O'Neil (D-14)

To cap the annual compensation to officers or owners of firms taking advantage of the tax break at $135,000.

The amendment passed by voice vote

Passed in the House 103 to 4 (details)

Received in the Senate

April 28, 2004

Referred to the Committee on Economic Development, Small Business, and Regulatory Reform

May 11, 2004

Reported without amendment

With the recommendation that the amendments be adopted and that the bill then pass.

May 12, 2004

Amendment offered

To incorporate technical wording changes that do not affect the substance of the bill as previously described.

The amendment passed by voice vote

May 13, 2004

Passed in the Senate 37 to 0 (details)

To exempt for five years a "qualified start-up business" from any single business tax (SBT) liability in a year in which it does not make a profit. (Note: The SBT is a tax on the value added by a firm in producing a product, which means that a firm may owe SBT tax even though it makes no profit.) A "qualified start-up business" is defined as a firm that has fewer than 25 full-time equivalent employees, has annual sales of less than $1 million, has research and development expenses that make up at least 15-percent of its annual expenses, and is not publicly traded. This does not necessarily apply only to new firms, and the five year exemption is not necessarily the firm's first five years of operation.

Received in the House

May 13, 2004

May 18, 2004

Passed in the House 104 to 2 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Jennifer Granholm

May 28, 2004