Sec. 5.
(1) A person liable for the tax imposed by the ordinance set forth in and adopted pursuant to this act, a city that imposes a tax pursuant to the ordinance set forth in and adopted pursuant to this act or the department has the right of appeal from a decision or order made under this act as set forth in chapter 2.
(2) The city income tax trust fund is established in the department of treasury and all of the following apply to the fund:
(a) The state is prohibited from borrowing from the fund.
(b) The interest earned on the money in the fund shall remain in the fund.
(c) After an agreement entered into pursuant to section 9 is terminated, any liabilities that relate to that agreement shall be paid from the fund and if there are insufficient funds to pay those liabilities, the city that entered into the agreement shall be responsible for paying those liabilities.
(3) If a taxpayer or employer, as the result of an appeal under this act, is found entitled to recover any sum paid, the taxpayer or employer shall be paid from the general fund of the city except that if the city has entered into an agreement pursuant to section 9, the amount to be paid shall be paid by the state from the city income tax trust fund established in subsection (2). Only recoveries based on taxes payable for a tax year for which a city has entered into an agreement under section 9 shall be paid by the state from the city income tax trust fund. The city or the department shall promptly and uniformly comply with a final order upon appeal.
History: 1964, Act 284, Imd. Eff. June 12, 1964 ;-- Am. 1996, Act 478, Eff. Jan. 1, 1997
Structure Michigan Compiled Laws
Chapter 141 - Municipal Financing
Act 284 of 1964 - City Income Tax Act (141.501 - 141.787)
284-1964-1 - Chapter 1 General Provisions (141.501...141.509)
Section 141.501 - City Income Tax Act; Short Title.
Section 141.502a - Imposition of Excise Tax; Condition.
Section 141.503c - Amendment to City Income Tax Ordinance.
Section 141.503d - Violation of MCL 168.1 to 168.992 Applicable to Petitions; Penalties.
Section 141.505d - Charge or Collection of City Income Tax by Department of Treasury; Limitation.