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Michigan Bill Grants City Income Tax Filing Extension

Dated Apr. 23, 2021

Citations: H.B. 4569; Public Act 7

SUMMARY BY TAX ANALYSTS

Michigan H.B. 4569, signed into law as Public Act 7, provides that whenever the IRS extends the tax filing deadline for federal taxpayers, city taxpayers with annual, quarterly, or estimated tax payments originally due on or before April 15 or April 30 shall automatically receive the same extension, effectively extending to May 17 the tax filing deadline for 2020 city income taxes without penalty or interest.

Gov. Gretchen Whitmer (D) issued a signing letter explaining that the automatic extension in the bill could be illegal for tax years beyond 2020; she also announced the signing of the bill in a press release.

Public Acts of 2021
Approved by the Governor
April 22, 2021
Filed with the Secretary of State
April 22, 2021
EFFECTIVE DATE: April 22, 2021

STATE OF MICHIGAN

101ST LEGISLATURE
REGULAR SESSION OF 2021

Introduced by Reps. Beeler and Hall

AN ACT to amend 1964 PA 284, entitled “An act to permit the imposition and collection by cities of an excise tax levied on or measured by income; to permit the collection and administration of the tax by the state; to provide the procedure including referendums for, and to require the adoption of a prescribed uniform city income tax ordinance by cities desiring to impose and collect such a tax; to limit the imposition and collection by cities and villages of excise taxes levied on or measured by income; to prescribe the powers and duties of certain state and municipal agencies, departments, and officials; to establish the city income tax trust fund; to provide for appeals; and to prescribe penalties and provide remedies,” (MCL 141.501 to 141.787) by adding sections 40 and 80 to chapter 2.

The People of the State of Michigan enact:

CHAPTER 2
UNIFORM CITY INCOME TAX ORDINANCE

Sec. 40. Notwithstanding any other provision of this ordinance, a person required to make and file an annual return, quarterly return, or declaration of estimated tax that is otherwise due on or before April 15 or April 30 for each tax year under this ordinance will automatically receive an extension to file those returns and declarations if the Internal Revenue Service extends the federal income tax filing or payment due date for that same tax year for federal taxpayers. The extension under this section for a person required to make and file an annual return, quarterly return, or declaration of estimated tax under this ordinance will coincide with that extended due date established by the Internal Revenue Service for that same tax year or 15 days after the date established by the Internal Revenue Service, whichever is applicable.

Sec. 80. Notwithstanding any other provision of this ordinance, for any return or declaration of estimated tax that was originally due on April 15 or April 30 under this ordinance and that is subsequently filed or remitted at a later date in accordance with section 40, all interest and penalties for the failure to file or remit for that extended period shall be waived.

This act is ordered to take immediate effect.

Gary L Randall
Clerk of the House of Representatives

Margaret O'Brien
Secretary of the Senate

Approved

Governor

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