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OL Exlusive Opinion: Service Sales Tax is Unconstitutional under Michigan ConstitutionBy chetly, Section News
![]() In thinking about the new service sales tax I wondered - knowing that a "normal" sales tax percentage increase requires a vote of the people under the Michigan Constitution, why would an increase from 0% to 6% on previously untaxed services not constitute an increase that only the people could legally approve? The answer to this question requires boning up on your Michigan Constitution, notably, Article 9, Section 8 (I've highlighted for emphasis, but unfortunately RM's engine doesn't show them the same as OL's, so you'll have to go there, or just look at the bolded words): § 8 Sales and use taxes Special thanks to attorney Greg Schmid for sending that clip to me when I asked him the question of Constitutionality. Reading that, it seems pretty cut and dry. The legislature can NOT authorize a sales or use tax on non-tangible property, and no tax on any property, tangible or intangible, can exceed 6%. The legislature has expanded the sales tax to include dozens of categories of intangible property. Unconstitutional? The only argument I can imagine is that the "new" tax is truly new and not a "sales" or "use" tax and entirely separate from the tax described here, and hence there is no limit to taxation of intangible property or services. Under this stretching of the Constitution, the government could charge a 100% tax on services, and the words "sales" or "use" have no meaning. Folks, I think we have an unconstitutional tax that could be challenged in court. To my knowledge, no one yet has put this idea in print. But I invite the lawyers out there (many of whom will be paying the double (because you're paying income tax on it too) service tax, by the way) to vette the idea. I don't think you'll have to look far for clients, either.
OL Exlusive Opinion: Service Sales Tax is Unconstitutional under Michigan Constitution | 11 comments (11 topical, 0 hidden)
OL Exlusive Opinion: Service Sales Tax is Unconstitutional under Michigan Constitution | 11 comments (11 topical, 0 hidden)
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