SB 229 Michigan Senate · 2025-2026 Regular Session

Sales tax: other; deduction or exclusion and audit of qualified delivery network sales; provide for. Amends sec. 2d of 1933 PA 167 (MCL 205.52d).

This bill requires online marketplaces (like Amazon or Etsy) to collect and pay Michigan's sales tax on all sales they facilitate, regardless of whether the individual seller has a physical presence in the state. It shifts tax audit responsibility from sellers to the marketplace platform, and prohibits class-action lawsuits against platforms over tax overpayments. The bill also creates a new rule allowing delivery services (e.g., food or package delivery apps) to deduct tax they paid to sellers from their own tax bill under specific conditions. These changes apply to all marketplace transactions, including those involving delivery networks.
Bill status passed 3 of 5 stages cleared
Introduction
Apr 2025
Committee Review
Jun 2025
Senate Passage
Jun 2025
House Passage
Governor
Introduced Apr 22, 2025 Last action Jun 10, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Senate Introduced Bill As Passed by the Senate · 8 edits · Jun 10, 2025
MODERATE
This bill amends Michigan's General Sales Tax Act to clarify and expand rules for marketplace facilitators, delivery network companies, and marketplace sellers. It establishes new liability rules for sales tax collection, defines what constitutes a marketplace facilitator and delivery network courier, and creates protections for marketplace sellers from audits and class action lawsuits when tax is properly remitted.
Scope change
The bill expands the scope of sales tax liability to include marketplace facilitators regardless of whether the marketplace seller has nexus with Michigan, and adds specific provisions for delivery network companies and qualified delivery network sales.
REQUIREMENT

Marketplace facilitators must remit sales tax on all taxable sales facilitated to Michigan purchasers, regardless of whether the marketplace seller has nexus with Michigan.

Marketplace facilitators must report both direct sales and facilitated sales to the department in a manner prescribed by the department.

Class action lawsuits cannot be brought against marketplace facilitators regarding overpayment of sales tax on facilitated sales.

Delivery network companies may deduct or exclude from their tax liability the amount of tax paid to marketplace sellers for qualified delivery network sales.

DEFINITION

New definitions added for 'marketplace facilitator', 'delivery network company', 'delivery network courier', and 'qualified delivery network sale'.

Delivery network courier includes individuals using personal transportation, public transportation, or walking, but excludes common carriers and motor carriers.

ENFORCEMENT

Department of Treasury may audit both marketplace sellers and delivery network companies for qualified delivery network sales, but marketplace sellers are generally not liable for tax on sales made through marketplace facilitators.

ELIGIBILITY

Marketplace facilitators are relieved of liability if tax was paid by the marketplace seller or if the seller fails to provide sufficient information to the facilitator.

Floor votes · Senate Jun 10, 2025

How they voted

380
Passed
Total votes 38
Jun 10, 2025
D Democratic19
19 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
11
Key actions
4
Committee
5
Jun 10, 2025
Committee
referred to Committee on Economic Competitiveness
lower
Jun 10, 2025
Introduced
received on 06/10/2025
lower
Jun 10, 2025
Upper · Passed
PASSED ROLL CALL # 161 YEAS 37 NAYS 0 EXCUSED 0 NOT VOTING 0
upper
Jun 4, 2025
Upper · Passed
AMENDMENT(S) CONCURRED IN
upper
Jun 4, 2025
Upper · Passed
REPORTED BY COMMITTEE OF THE WHOLE FAVORABLY WITH AMENDMENT(S)
upper
May 20, 2025
Committee
REFERRED TO COMMITTEE OF THE WHOLE
upper
May 20, 2025
Upper · Passed
REPORTED FAVORABLY WITHOUT AMENDMENT 5/15/2025
upper
Apr 22, 2025
Committee
REFERRED TO COMMITTEE ON REGULATORY AFFAIRS
upper
Apr 22, 2025
Introduced
INTRODUCED BY SENATOR JEREMY MOSS
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jeremy Moss
Jeremy Moss
DDemocratic
MI
7