Use tax: exemptions; motor fuel sales; exempt. Amends sec. 21 of 1937 PA 94 (MCL 205.111) & adds sec. 4gg. TIE BAR WITH: HB 4180'25, HB 4181'25, HB 4183'25, SB 0578'25
What changed between versions
New section 4gg exempts aviation fuel from use tax beginning October 1, 2025, defined by reference to the aeronautics code.
The eligible fuel exemption (now section 4hh) is simplified: instead of the Senate version's complex list of motor fuel, alternative fuel, and leaded racing fuel with five detailed exclusions, the House version defines eligible fuel as simply 'any fuel subject to the tax levied under the motor fuel tax act.' The effective date moves from January 1, 2026 to October 1, 2025.
The enacting section expands the list of companion bills that must all be enacted from 4 (SB 578, HB 4180, HB 4181, HB 4183) to 8 (HB 4180, HB 4181, HB 4183, HB 4184, HB 4185, HB 4186, HB 4187, HB 4230), removing SB 578 and adding five new House bills.
New section 6c requires quarterly informational reporting of aviation fuel sales and purchases from April 1, 2016 through September 30, 2025. Reports must show total taxable fuel amounts, tax liability, gallons sold/purchased at each airport, and gross proceeds. Failure to file carries a penalty of $10 per day up to $500 per violation, waivable for reasonable cause.
The distribution of aviation fuel use tax revenue (35% to state aeronautics fund, 65% to qualified airport fund) is now limited to collections through September 30, 2025, effectively sunsetting the mechanism when the exemption takes effect.
The reconciliation provision in section 21(6) is modified to apply only to fiscal years ending before October 1, 2025, and grants the department additional authority to transfer money between funds or take other actions to account for adjustments in the final fiscal year.