Michigan Compiled Laws
36-2007-4 - Chapter 4 (208.1400...208.1471)
Section 208.1460 - Service Station Owner; Conversion or Creation of Fuel Delivery Systems to Provide E85 Fuel or Qualified Biodiesel Blends; Tax Exemption; Definitions.

***** 208.1460 THIS SECTION IS REPEALED BY ACT 90 OF 2019 EFFECTIVE FOR TAX YEARS THAT BEGIN AFTER DECEMBER 31, 2031 *****
Sec. 460.
(1) For tax years that begin after December 31, 2008 and end before January 1, 2012, subject to the limitations provided under this section, a taxpayer that is an owner of a service station may claim a credit against the tax imposed by this act equal to 30% of the cost incurred during the tax year to convert existing fuel delivery systems to provide E85 fuel or qualified biodiesel blends and to create new fuel delivery systems designed to provide E85 fuel or qualified biodiesel blends, not to exceed $20,000.00 per tax year per taxpayer.
(2) In determining the amount of the credit under subsection (1), a taxpayer shall not include any costs to convert existing fuel delivery systems to provide E85 fuel or qualified biodiesel blends or to create new fuel delivery systems designed to provide E85 fuel or qualified biodiesel blends for which the taxpayer received a grant under the service station matching grant program created under section 78 of the Michigan strategic fund act, 1984 PA 270, MCL 125.2078.
(3) The total amount of all credits allowed under this section shall not exceed $1,000,000.00 per calendar year. If the credit allowed under this section exceeds the liability of the taxpayer for the tax year, that portion of the credit that exceeds the tax liability shall not be refunded.
(4) A taxpayer shall not claim a credit under this section unless the energy office has issued a certificate to the taxpayer. The taxpayer shall attach the certificate to the annual return filed under this act on which the credit under this section is claimed. The certificate required by this subsection shall state all of the following:
(a) The taxpayer is the owner of a service station and has converted existing fuel delivery systems to provide E85 fuel or qualified biodiesel blends or created new fuel delivery systems designed to provide E85 fuel or qualified biodiesel blends, or both, during the tax year for which this credit is sought.
(b) The amount of the costs incurred by the taxpayer during the designated tax year to convert existing fuel delivery systems to provide E85 fuel or qualified biodiesel blends and to create new fuel delivery systems designed to provide E85 fuel or qualified biodiesel blends and the amount of any grant awarded during the designated tax year to the taxpayer based on the same costs.
(c) The taxpayer's federal employer identification number or the Michigan department of treasury number assigned to the taxpayer.
(5) A taxpayer that claims a credit under this section and subsequently stops using the fuel delivery systems to provide E85 fuel or qualified biodiesel blends or within 3 years of receiving this credit may, as determined by the Michigan strategic fund, have its credit reduced or terminated or have a percentage of the credit amount previously claimed under this section added back to the tax liability of the taxpayer in the year that the taxpayer stops using the fuel delivery systems to provide E85 fuel or qualified biodiesel blends.
(6) As used in this section:
(a) "Biodiesel" means a fuel composed of monoalkyl esters of long chain fatty acids derived from vegetable oils or animal fats, and, in accordance with standards specified by the American society for testing and materials, designated B100, and meeting the requirements of D-6751, as approved by the department of agriculture.
(b) "Biodiesel blend" means a fuel composed of a blend of biodiesel fuel with petroleum-based diesel fuel, suitable for use as a fuel in a compression-ignition internal combustion diesel engine.
(c) "E85 fuel" means a fuel blend containing between 70% and 85% denatured fuel ethanol and gasoline suitable for use in a spark-ignition engine and that meets American society for testing and materials D-5798 specifications.
(d) "Michigan strategic fund" means the Michigan strategic fund as described in the Michigan strategic fund act, 1984 PA 270, MCL 125.2001 to 125.2094.
(e) "Qualified biodiesel blends" means any biodiesel blend that is blended on site utilizing on-demand bio-blending equipment that is installed after the effective date of the amendatory act that added this section.
History: Add. 2008, Act 335, Imd. Eff. Dec. 23, 2008 Compiler's Notes: For transfer of powers and duties of Michigan strategic fund from Michigan strategic fund to department of energy, labor, and economic growth, see E.R.O. No. 2009-4, compiled at MCL 445.2026.Popular Name: MBT

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 208 - Business Tax

Act 36 of 2007 - Michigan Business Tax Act (208.1101 - 208.1601)

36-2007-4 - Chapter 4 (208.1400...208.1471)

Section 208.1400 - Taxpayer; Scope.

Section 208.1401 - Application of Unused Carryforward.

Section 208.1403 - Allowable Total Combined Credit; Limitation; Tax Credit; Payments by Professional Employer Organization; Calculation; Tax Year in Which Negative Credit Is Calculated; Credit Claimed Under MCL 208.1405; Taxpayer Engaged in Furnishin...

Section 208.1405 - Taxpayer's Research and Development Expenses; Tax Credit; Limitation; Definition.

Section 208.1407 - Eligible Contribution Made by Qualified Taxpayer; Tax Credit; Application; Criteria for Review of Application; Certificate; Issuance; Contents; Limitation on Credits Granted; Agreement Requiring Compliance With Application Provisio...

Section 208.1409 - Infield Renovation, Grandstand and Infrastructure Upgrades, and Other Construction Upgrades; Tax Credit; Limitations; Additional Credit; Capital Expenditures; Definitions.

Section 208.1410 - Tax Credit; "Eligible Taxpayer" Defined.

Section 208.1410a - Tax Credit; "Eligible Taxpayer" Defined.

Section 208.1411 - Tax Credit; Gross Receipts Greater Than $350,000.00 but Less Than $700,000.00.

Section 208.1413 - Tax Credit; Certain Eligible Personal Property, Eligible Telephone Personal Property, and Eligible Natural Gas Pipeline Property; Filing; Refund; Definitions.

Section 208.1415 - Qualified Start-Up Business Without Business Income for 2 Consecutive Years; Tax Credit; Total Number of Years Tax Credit Allowed; Taxpayer Without Business Activity in This State; Compensation, Directors' Fees, or Distributive Sha...

Section 208.1417 - Taxpayer With Gross Receipts Not Exceeding $20,000,000.00 and Certain Adjusted Business Income; Disqualification; Determination of Reduction Percentage; Tax Credit; Reduced Credit; Fraction; Filing and Payment of Tax; Inclusion of...

Section 208.1419 - Tax Voucher Certificate; Use; Total Amount; Limitation; Approval; Application to Michigan Early Stage Venture Investment Corporation; Determination of Eligibility; Attachment of Certificate and Forms to Annual Return; Payment of Ta...

Section 208.1421 - Taxpayer Not Subject to MCL 206.1 to 206.532; Tax Credit; Charitable Contributions; Limitation; Refund; Definitions.

Section 208.1422 - Taxpayer Making Charitable Contributions; Tax Credit; Limitation; Refund.

Section 208.1423 - Taxpayer Subject to Worker's Disability Compensation Act of 1969; Tax Credit; Additional Credit; Refund.

Section 208.1425 - Contribution to Endowment Fund of Community Foundation or Education Foundation; Tax Credit.

Section 208.1426 - Contributions to Reserve Fund of Fiduciary Organization Under the Individual or Family Development Account Program Act; Tax Credit; Carrying Forward Excess Credit; Limitation; Definitions.

Section 208.1427 - Contribution to Shelter for Homeless Persons, Food Kitchen, Food Bank, or Other Entity; Tax Credit.

Section 208.1429 - Taxpayer Certified Under Michigan Next Energy Authority Act; Tax Credit; Definitions.

Section 208.1430 - Facility Developing and Manufacturing Photovoltaic Technology; Tax Credit.

Section 208.1431 - Business Authorized Under Michigan Economic Growth Authority; Tax Credit; Amount; Certificate; Attachment to Annual Return; Statement; Number of Years; Refund; Effect of Failure to Meet Requirements or Removal of New Jobs From Stat...

Section 208.1431a - Tax Credit; Amount; Percentage of Qualified Supplier's or Customer's Payroll Attributable to Employees Performing Qualified New Jobs; Determination by Michigan Economic Growth Authority; Certificate; Issuance; Contents; Failure to...

Section 208.1431b - Agreement With Person or Group of Persons; Tax Credit; Factors to Be Considered by Michigan Economic Growth Authority; Contents of Agreement; Amount of Credit; Issuance of Certificate of Designation; Statement; Definitions.

Section 208.1431c - Designation as Anchor Companies; Tax Credit; Certification by Michigan Economic Growth Authority; Disclosure to Legislature; Contents of Certificate; Failure to Meet Requirements or Conditions; Disposition of Excess Credit; Defini...

Section 208.1432 - Agreement to Manufacture Polycrystalline Silicon; Tax Credit; Certificate; Definitions.

Section 208.1432a - Tax Years Beginning After December 31, 2011 and Before January 1, 2016; Tax Credit; Electricity; "Qualified Consumption of Electricity" Defined.

Section 208.1432b - Tax Years Beginning After December 31, 2015 and Before January 1, 2022; Tax Credit; "Qualified Consumption of Electricity" Defined.

Section 208.1432c - For 2022 Tax Year; Tax Credit; "Qualified Consumption of Electricity" Defined.

Section 208.1432d - For 2023 Tax Year; Tax Credit; Electricity; "Qualified Consumption of Electricity" Defined.

Section 208.1433 - Business Located in Renaissance Zone; Tax Credit; Tax Liability Attributable to Illegal Activity; Duration of Credit; Refund; Employment or Compensation to State Employee Member of State Administrative Board or Renaissance Zone Rev...

Section 208.1434 - Tax Credits or Voucher Certificates to Stimulate Domestic Commercialization and Affordability of High-Power Energy Batteries; Authority for Michigan Economic Growth Authority to Enter Agreements; Limitations; Allowable Credit; Revi...

Section 208.1435 - Rehabilitation of Historic Resource; Tax Credit; Definitions.

Section 208.1437 - Qualified Taxpayer With Unused Credits or Preapproval Letter; Taxpayer Not Receiving Certificate of Completion; Tax Credit; Project $2,000,000.00 or Less; Project More Than $2,000,000.00 but $10,000,000.00 or Less; Project More Tha...

Section 208.1439 - Qualified Low-Grade Hematite Consumed in Industrial or Manufacturing Process; Tax Credit; Definitions.

Section 208.1441 - Michigan Entrepreneurial Credit; Conditions; Definitions.

Section 208.1445 - Taxpayer as New Motor Vehicle Dealer; Tax Credit; "New Motor Vehicle Inventory" Defined.

Section 208.1446 - Ownership, Operation, or Control of Exhibition Open to Public; Tax Credit.

Section 208.1447 - Tax Credit Equal to 1.0% of Taxpayer's Compensation; "Eligible Taxpayer" Defined.

Section 208.1449 - Tax Credit Equal to 0.125% of Taxpayer's Compensation.

Section 208.1450 - Research and Development of Qualified Technology; Tax Credit; Definitions.

Section 208.1450a - Tax Credit Under Section 34 of Former 1975 Pa 228; Tax Credit Under MCL 208.1450; Tax Credit Under MCL 208.1405.

Section 208.1451 - Tax Credit; Excess Amount; Refund Prohibited; Definitions.

Section 208.1453 - Private Equity Fund Manager; Tax Credit; Definitions.

Section 208.1455 - Michigan Film Office; Agreement With Eligible Production Company; Tax Credit; Requirements; Application; Form; Fee; Considerations; Determination of Compliance With Terms of Agreement; Issuance of Postproduction Certificate of Comp...

Section 208.1457 - Qualified Film and Digital Media Infrastructure Project; Tax Credit.

Section 208.1459 - Eligible Production Company; Tax Credit.

Section 208.1460 - Service Station Owner; Conversion or Creation of Fuel Delivery Systems to Provide E85 Fuel or Qualified Biodiesel Blends; Tax Exemption; Definitions.

Section 208.1461 - Tax Credit by Taxpayer Other Than Regulated Utility.

Section 208.1471 - Dealer, Distributor, Manufacturer, or Seller of Cigarettes or Tobacco Products; Tax Credit.