2005 House Bill 5360 / 2006 Public Act 10

Impose deadline for Treasury ruling in “informal audit conference”

Introduced in the House

Oct. 25, 2005

Introduced by Rep. Rick Jones (R-71)

To allow a taxpayer to withdraw from an “informal conference” process regarding a tax dispute if the Department of Treasury fails to issue an order and determination within 180 days. The taxpayer could then appeal to the Michigan Tax Tribunal or Court of Claims to resolve the dispute. Under current law a taxpayer must pay the disputed amount in advance of the informal conference process, but cannot appeal this payment until the department issues a written decision or order at the conclusion of the process, and there is no time limit for it to do so.

Referred to the Committee on Tax Policy

Nov. 30, 2005

Reported without amendment

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

Dec. 6, 2005

Substitute offered

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

Amendment offered by Rep. Paul Condino (D-35)

To allow a taxpayer involved in the "informal conference" process to withdraw at any time. The department would then have to issue a determination and final assessment, which the taxpayer could appleal.

The amendment failed 50 to 55 (details)

Passed in the House 105 to 0 (details)

To allow a taxpayer to withdraw from an “informal conference” process regarding a tax dispute if the Department of Treasury fails to issue an order and determination within 180 days. The taxpayer could then appeal to the Michigan Tax Tribunal or Court of Claims to resolve the dispute. Under current law a taxpayer must pay the disputed amount in advance of the informal conference process, but cannot appeal this payment until the department issues a written decision or order at the conclusion of the process, and there is no time limit for it to do so.

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 revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

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

To require the taxpayer to request in writing to withdraw from the "informal conference" process.

The amendment passed by voice vote

Passed in the Senate 37 to 0 (details)

Received in the House

Jan. 19, 2006

Jan. 24, 2006

Passed in the House 106 to 0 (details)

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

Signed by Gov. Jennifer Granholm

Feb. 3, 2006