HB 5745 Michigan House · 2023-2024 Regular Session

Sales tax: other; nexus of marketplace facilitators; clarify. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

This bill clarifies Michigan's sales tax rules for online platforms, requiring marketplace facilitators to collect and remit sales tax on all transactions made through their sites, even if the individual sellers do not have a physical presence in the state. The legislation defines a marketplace facilitator as any entity that lists items for sale, processes payments, and handles transactions for third-party sellers, while also establishing specific definitions for delivery services and couriers. To protect these platforms from excessive liability, the bill prevents class-action lawsuits regarding overpaid taxes and limits audits to the facilitator unless the seller fails to provide necessary information. Additionally, it explicitly states that the rules apply regardless of whether the platform has a physical location in Michigan and outlines how delivery fees may be treated for tax purposes.
Bill status in committee 1 of 4 stages cleared
Introduction
May 2024
Committee Review
Floor Vote
Governor
Introduced May 23, 2024 Last action May 28, 2024
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Full legislative history

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Total actions
4
Key actions
0
Committee
1
May 23, 2024
Committee
referred to Committee on Tax Policy
lower
May 23, 2024
Introduced
introduced by Representative Alabas Farhat
lower
1 primary · 3 co-sponsors

Sponsors