Michigan Compiled Laws
Act 167 of 1933 - General Sales Tax Act (205.51 - 205.78)
Section 205.54d - Additional Sales Excluded From Tax.

Sec. 4d.
The following are exempt from the tax under this act:
(a) The sale of tangible personal property to a person who is a lessor licensed under the use tax act, 1937 PA 94, MCL 205.91 to 205.111, and whose rental receipts are taxed or specifically exempt under the use tax act, 1937 PA 94, MCL 205.91 to 205.111.
(b) The sale of a vehicle acquired for lending or leasing to a public or parochial school for use in a course in driver education.
(c) The sale of a vehicle purchased by a public or parochial school if that vehicle is certified for driver education and is not reassigned for personal use by the school's administrative personnel.
(d) The sale of water through water mains, the sale of water delivered in bulk tanks in quantities of not less than 500 gallons, or the sale of bottled water.
(e) The sale of tangible personal property to a person for demonstration purposes. For a dealer selling a new car or truck, the exemption for demonstration purposes shall be determined by the number of new cars and trucks sold during the current calendar year or the immediately preceding year without regard to specific make or style in accordance with the following schedule of 0 to 25, 2 units; 26 to 100, 7 units; 101 to 500, 20 units; 501 or more, 25 units; but not to exceed 25 cars and trucks in a calendar year for demonstration purposes.
(f) Specific charges for technical support or for adapting or modifying prewritten computer software programs to a purchaser's needs or equipment if those charges are separately stated and identified.
(g) The sale of computer software originally designed for the exclusive use and special needs of the purchaser.
(h) The sale of a commercial advertising element if the commercial advertising element is used to create or develop a print, radio, television, or other advertisement, the commercial advertising element is discarded or returned to the provider after the advertising message is completed, and the commercial advertising element is custom developed by the provider for the purchaser. As used in this subdivision, "commercial advertising element" means a negative or positive photographic image, an audiotape or videotape master, a layout, a manuscript, writing of copy, a design, artwork, an illustration, retouching, and mechanical or keyline instructions. This exemption does not include black and white or full color process separation elements, an audiotape reproduction, or a videotape reproduction.
(i) A sale made outside of the ordinary course of the seller's business.
(j) An isolated transaction by a person not licensed or required to be licensed under this act, in which tangible personal property is offered for sale, sold, or transferred and delivered by the owner.
(k) The sale of oxygen for human use dispensed pursuant to a prescription.
(l) The sale of insulin for human use.
(m) Before January 1, 2016, the sale of tangible personal property for use in construction or renovation of a qualified convention facility under the regional convention facility authority act, 2008 PA 554, MCL 141.1351 to 141.1379. As used in this subdivision, "qualified convention facility" means that term as defined in section 5 of the regional convention facility authority act, 2008 PA 554, MCL 141.1355.
(n) The sale of tangible personal property for use in eligible activities described in section 2(o)(iv) of the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2652, on eligible property that is included in a transformational brownfield plan, to the extent that the tangible personal property will be affixed to and made a structural part of the real property or infrastructure improvements included within the transformational brownfield plan. As used in this subdivision, "eligible property", "infrastructure improvements", and "transformational brownfield plan" mean those terms as defined in section 2 of the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2652.
History: Add. 2004, Act 173, Eff. Sept. 1, 2004 ;-- Am. 2008, Act 556, Eff. Jan. 20, 2009 ;-- Am. 2014, Act 53, Imd. Eff. Mar. 25, 2014 ;-- Am. 2017, Act 48, Eff. July 24, 2017 Compiler's Notes: Former MCL 205.54d, which pertained to tax exemption for existing contracts, was repealed by Act 257 of 1998, Imd. Eff. July 17, 1998.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 205 - Taxation

Act 167 of 1933 - General Sales Tax Act (205.51 - 205.78)

Section 205.51 - Definitions; Unlicensed Person as Agent of Dealer, Distributor, Supervisor, or Employer; Regarding Dealer, Distributor, Supervisor, or Employer as Making Sales at Retail Prices.

Section 205.51a - Additional Definitions.

Section 205.52 - Sales Tax; Rate; Additional Applicability; Separate Books Required; Penalty; Tax as Personal Obligation of Taxpayer; Exemption.

Section 205.52a - Reduction of Tax on Vehicle for Which Special Registration Secured; Limitation; Certification.

Section 205.52b - Retail Sale of Tangible Personal Property to Purchaser; Presumptions; Agreement to Purchase Advertisements; Effectiveness of Section; Definitions.

Section 205.52c - Seller of Tangible Personal Property or Services; Nexus; Conditions; Application to Transactions After October 1, 2018; Inclusion of Sales of Marketplace Facilitator and Marketplace Seller; Exception; Definitions.

Section 205.52d - Marketplace Facilitators; Nexus; Report; Class Action Prohibited; Audit; Liability; Conditions; Definitions.

Section 205.53 - License Required to Engage in Business for Which Privilege Tax Imposed; Bond or Deposit; Renewal; Exemptions; Suspension and Restoration of License; Violation as Misdemeanor; Penalty; Registration Under Streamlined Sales and Use Tax...

Section 205.54 - Deductions; Filing Estimated Returns and Annual Periodic Reconciliations; Registration Under Streamlined Sales and Use Tax Agreement.

Section 205.54a - Sales Tax; Exemptions; Limitation.

Section 205.54b - Deductible Sales of Gasoline; Statement of Transferee.

Section 205.54c - Repealed. 2004, Act 173, Eff. Sept. 1, 2004.

Section 205.54d - Additional Sales Excluded From Tax.

Section 205.54e - Sales of Vehicles to Members of Armed Forces.

Section 205.54f - Commissions Paid to Entities Exempt Under MCL 205.54a; Exemptions.

Section 205.54g - Sales Exempt From Tax; Tax on Sale of Food or Drink From Vending Machine; Definitions.

Section 205.54h - Exemptions.

Section 205.54i - Bad Debt; Definitions; Deduction; Amount; Payment of Bad Debt; Liability; Written Election Designating Party Claiming Deduction; Evidence Required to Support Claim for Deduction; Change in Tax Rate; Review; Taxpayer Under Streamline...

Section 205.54j - Sale of Tangible Personal Property for Use in Qualified Business Activity of Purchaser; Definition.

Section 205.54k - Drop Shipment; Definition.

Section 205.54l - Repealed. 2004, Act 173, Eff. Sept. 1, 2004.

Section 205.54m - Sale of Rail Freight or Passenger Cars, Locomotives or Other Rolling Stock, Roadway Machines and Certain Work Equipment; Exemption.

Section 205.54n - Sale of Electricity, Natural or Artificial Gas, Home Heating Fuels, or Steam; Exemption From Sales Tax at Additional Rate; Application of Additional Rate.

Section 205.54o - School, Church, Hospital, Parent Cooperative Preschool, or Nonprofit Organization; Sale of Tangible Personal Property for Fund-Raising Purposes; Exemption; "School" Defined; Veterans' Organization; Sale of Tangible Personal Property...

Section 205.54p - Property Offered to or Made Structural Part of Sanctuary; Exemption; “Regularly Organized Church or House of Religious Worship” and “Sanctuary” Defined.

Section 205.54q - Sales of Tangible Personal Property Not for Resale; Exemption; Applicability; Duties of Transferee; Evidence of Exemption; Limitation.

Section 205.54r - Qualified Truck, Trailer, or Rolling Stock; Exemption; Definitions.

Section 205.54s - Sale of Investment Coins and Bullion; Exemptions; Definitions.

Section 205.54t - Exemptions; Limitation; Industrial Processing; Definitions.

Section 205.54u - Extractive Operation; Exemptions; Definition.

Section 205.54v - Central Office Equipment or Wireless Equipment; Presumption.

Section 205.54w - Nonprofit Hospital or Nonprofit Housing; Sale of Personal Property to Person in Business of Constructing, Altering, Repairing, or Improving Real Estate; Tax Exemption; Definitions.

Section 205.54x - Sales to Domestic Air Carrier; Tax Exemption; Definitions.

Section 205.54y - Industrial Processing; Exemption; Limitation.

Section 205.54z - Construction, Alteration, Repair, or Improvement to Nonprofit Hospital Before July 1, 1999.

Section 205.54aa - Tax Exemption; Resident Tribal Member.

Section 205.54bb - Sale of Eligible Automobile to Qualified Recipient; Exemption; Definitions.

Section 205.54cc - Repealed. 2008, Act 78, Eff. Dec. 31, 2009.

Section 205.54dd - Sale of Tangible Personal Property for Use as or at Mineral-Producing Property; Exemption; Limitation; "Mineral-Producing Property" and "Taxpayer" Defined.

Section 205.54ee - Data Center Equipment; Exemption From Tax; Conditions; Report; Definitions.

Section 205.54ff - Sales of Certain Prosthetic Devices; Exemption; Definitions.

Section 205.55 - Additional Tax.

Section 205.55a - Repealed. 2004, Act 173, Eff. Sept. 1, 2004.

Section 205.55b - Repealed. 2006, Act 590, Eff. Jan. 1, 2011.

Section 205.56 - Sales and Gross Proceeds Tax Returns; Monthly Filing; Form; Contents; Transmitting Return With Remittance for Amount of Tax; Electronic Funds Transfer; Accrual of Tax to State; Filing Returns and Payment of Tax for Other Than Monthly...

Section 205.56a - Prepayment of Tax by Purchaser or Receiver of Fuel; Rate of Prepayment; Determination; Claiming Estimated Prepayment Credits; Bad Debt Deduction; Actual Shrinkage; Accounting for and Remitting Prepayments; Schedule; Penalties; Deduc...

Section 205.56b - Returned Goods or Motor Vehicle; Tax Credit.

Section 205.56c - Aviation Fuel; Informational Report; "Aviation Fuel" Defined.

Section 205.57-205.57b - Repealed. 2004, Act 173, Eff. Sept. 1, 2004.

Section 205.58 - Consolidated Returns.

Section 205.59 - Administration of Tax; Conflicting Provisions; Rules.

Section 205.60 - Refund by Taxpayer for Returned Property; Written Notice; Refund Under MCL 445.360a.

Section 205.61 - Motor Vehicle Used as Partial Payment; Value.

Section 205.62 - Information to Be Obtained From Purchaser; Exception; Format; Signature; Record of Exempt Transactions; Liability; Proof That Transaction Not Subject to Tax or Obtaining Exemption Form From Purchaser; Date; Additional Time for Compli...

Section 205.63, 205.64 - Repealed. 1980, Act 164, Eff. Sept. 17, 1980.

Section 205.65 - Certificate of Dissolution or Withdrawal.

Section 205.66 - Injunction for Failure to Pay Tax or Obtain License.

Section 205.66a - Duty of Assessing Officers.

Section 205.67 - Repealed. 2008, Act 438, Imd. Eff. Jan. 9, 2009.

Section 205.68 - Annual Inventory and Purchase Records; Retention; Tax Liability; Failure to File Return or Maintain Records; Tax Assessment; Basis; Burden of Proof; Indirect Audit; Exemption Claim; Blanket Exemption Claim; "Indirect Audit Procedure"...

Section 205.69 - Sourcing Sale at Retail or Lease or Rental Property.

Section 205.70 - Repealed. 2008, Act 438, Imd. Eff. Jan. 9, 2009.

Section 205.71 - Repealed. 2016, Act 159, Eff. Sept. 7, 2016.

Section 205.71a - Sales of Advertising and Promotional Direct Mail; Sales of Other Direct Mail; Direct Payment Authorization or Exemption Form Provided by Purchaser; Limitation; Definitions.

Section 205.72 - Repealed. 1980, Act 164, Eff. Sept. 17, 1980.

Section 205.73 - Advertisement; Amounts Added to Sales Prices for Reimbursement Purposes; Brackets; Tax Imposed Under Tobacco Products Tax Act.

Section 205.74 - Repealed. 1980, Act 164, Eff. Sept. 17, 1980.

Section 205.75 - Disposition of Money Received and Collected; Definitions.

Section 205.76 - Repealed. 1949, Act 272, Eff. July 1, 1949.

Section 205.78 - Short Title; General Sales Tax Act.