2005 House Bill 5362 / 2006 Public Act 12

Prohibit retroactive tax rulings

Introduced in the House

Oct. 25, 2005

Introduced by Rep. Leon Drolet (R-33)

To establish that a taxpayer has a right to rely on bulletins and private letter rulings from the Department of Treasury regarding tax law regulations and interpretations, so that the department can not come back latter and demand back taxes by retroactively changing a ruling it had issued previously and which a taxpayer had relied on to determine tax liability. A recent court ruling in a dispute regarding the very complex Single Business Tax found that nothing in current state law prohibits the department from doing this.

Referred to the Committee on Tax Policy

Nov. 30, 2005

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Dec. 6, 2005

Substitute offered by Reps. Fulton Sheen (R-88) and Fulton Sheen (R-88)

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Passed in the House 65 to 41 (details)

Received in the Senate

Dec. 7, 2005

Referred to the Committee on Finance

Jan. 19, 2006

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Substitute offered

To replace the previous version of the bill with one that clarifies that a taxpayer has a right to rely on past bulletins and private letter rulings from the Department of Treasury to the extent they have not been modified by subsequent court decisions.

The substitute passed by voice vote

Amendment offered by Sen. Samuel B. Thomas (D-4)

To require a taxpayer to use a Department of Treasury form to request a letter ruling on a tax law interpretation.

The amendment passed by voice vote

Passed in the Senate 37 to 0 (details)

To establish that a taxpayer has a right to rely on bulletins and private letter rulings from the Department of Treasury regarding tax law regulations and interpretations, as modified by subsequent court decisions, so that the department can not come back latter and demand back taxes by retroactively changing a ruling it had issued previously and which a taxpayer had relied on to determine tax liability. A recent court ruling in a dispute regarding the very complex Single Business Tax found that nothing in current state law prohibits the department from doing this.

Received in the House

Jan. 19, 2006

Jan. 24, 2006

Amendment offered by Reps. Fulton Sheen (R-88) and Fulton Sheen (R-88)

To clarify the meaning of the provision stating that the bill applies to Department of Treasury rulings to the extent they have not been modified by subsequent court decisions.

The amendment passed by voice vote

Passed in the House 106 to 0 (details)

To establish that a taxpayer has a right to rely on bulletins and private letter rulings from the Department of Treasury regarding tax law regulations and interpretations, as modified by subsequent court decisions, so that the department can not come back latter and demand back taxes by retroactively changing a ruling it had issued previously and which a taxpayer had relied on to determine tax liability. A recent court ruling in a dispute regarding the very complex Single Business Tax found that nothing in current state law prohibits the department from doing this.

Received in the Senate

Jan. 25, 2006

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

Passed in the Senate 37 to 0 (details)

Signed by Gov. Jennifer Granholm

Feb. 3, 2006