Tax Law

Recent Posts

Michigan Supreme Court Holds that Recycling Machines are Eligible for Industrial-Processing Exemption
Posted on 1 Oct 2020 by Eversheds Sutherland LLP

The Michigan Supreme Court held that sales of bottle and can recycling machines that help retailers comply with Michigan’s bottle-deposit law may qualify for the state’s sales and use tax exemption applicable to machinery used in an industrial-processing... Read More

Michigan Supreme Court Rules Service Revenues Must be Sourced to the Location where the Services are Performed for City Income Tax Purposes
Posted on 11 Jun 2020 by Eversheds Sutherland LLP

The Michigan Supreme Court held that revenue from the performance of services must be sourced to the location where the service provider’s employees performed the work, not where the services were delivered, for purposes of the City of Detroit’s income... Read More

No Double Trouble Here – Michigan Court of Appeals Holds Merged Banks Entitled to Refund as Single Taxpayer
Posted on 11 May 2020 by Eversheds Sutherland LLP

The Michigan Court of Appeals reversed and vacated the Tax Tribunal’s order and held that merged entities that are a unitary business group (“UBG”) must be treated as single entity for purposes of calculating the franchise tax and that corporate income... Read More

Michigan Court of Appeals Finds an Almost Five-Fold Sales Factor Increase to be Unconstitutionally Distortive
Posted on 19 Mar 2020 by Eversheds Sutherland LLP

The Michigan Court of Appeals recently held that the state’s statutory apportionment formula was unconstitutionally distortive as applied to a taxpayer’s Michigan Business Tax (MBT) liability. Therefore, the taxpayer was entitled to use an... Read More

Michigan Tax Tribunal to Consider City Income Tax Nexus in light of Wayfair
Posted on 11 Mar 2020 by Eversheds Sutherland LLP

The Michigan Court of Appeals remanded a case on whether Detroit may impose its income tax on an out of state taxpayer, in light of the US Supreme Court’s Wayfair ruling. The Michigan Court of Appeals previously upheld the Tax Tribunal’s decision that... Read More

Michigan Court of Appeals Holds that Use Tax is Due on Phones Given to Customers
Posted on 12 Mar 2019 by Eversheds Sutherland LLP

On February 12, 2019, the Michigan Court of Appeals upheld the imposition of use tax on phones that were given away for no charge by a company in conjunction with its sale of mobile phone service contracts. The company sold service contracts for a single... Read More