LANSING, Mich. (Michigan News Source)- Since the new session, Michigan Republican legislators have sought the automatic income rollback, but prominent state leaders like Attorney General Dana Nessel and Governor Gretchen Whitmer oppose those efforts saying relief won’t be permanent.

Republicans and members of the House Fiscal Agency have said the estimated state income tax rate will decrease to 4.05%, which would save taxpayers roughly $700 million a year. The state income tax cut would come from a 2015 amendment to the law that would automatically reduce the tax rate if the state budget surplus exceeded the rate of inflation.

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However, Attorney General Dana Nessel provided an advisory opinion last week which said that the automatic income tax reduction was written into law under the Gov. Rick Snyder Administration would only last a year.

In her five page advisory opinion, Nessel, a Democrat, said that the law triggering a tax cut would not offer permanent relief to taxpayers.

“Simply put, the statue provides temporary relief based on temporary circumstances,” Nessel said.

An alternative that was suggested this year but ultimately did not pass, was to provide temporary relief to Michiganders through $180 checks to taxpayers, but joint filers would only be given $90 per filer.

House Minority Leader Matt Hall (R-Richland Township) recently criticized the recent testimonies opposing the income tax cut.

“Since the beginning Gov. Whitmer has tried every trick in the book to undermine this income tax cut. After Republicans stopped the governor’s attempt to block the tax cut with accounting shell games, she and Attorney General Nessel are resorting to fringe legal theories to keep long-lasting relief out of people’s pockets,” Representative Hall said in a statement.

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He also disagreed with the Attorney General’s claims regarding the temporary nature of the income tax cut.

“Michigan law states that the current tax rate will be reduced, and the language, history, and legislative intent of the law all make clear that the tax cut should be permanent. Playing word games with the law doesn’t change the law. Michigan taxpayers deserve lasting, real relief, not a temporary money mirage brought on by Democrats’ partisan tricks,” Hall continued.

Republican vice-chair of the House Tax Policy Committee, Representative Greg VanWoerkom (R-Norton Shores) concurred and offered thoughts regarding recent pushback on the relief plan.

“Democrats are using Attorney General Nessel to prevent lasting relief for Michigan families. Michigan taxpayers deserve this relief, and now is not the time to play politics with people’s wallets in an effort to continue the government’s spending spree,” he said in a statement.

Despite legislative efforts such as HB 4001 which would have blocked the income tax cut but did not pass. Others outside the Governor’s office have said the cut would be permanent provided that the state budget surplus exceeded the rate of inflation.

“Architects of the income tax cut trigger, former Gov. Snyder, former Speaker Kevin Cotter, and former Senate Majority Leader Arlan Meekhof each stated that this law was intended to be permanent. The nonpartisan experts at the House Fiscal Agency have also said that the income tax cut would be permanent,” Representative VanWoerkom said in a statement.

Former Lieutenant Governor of Michigan, and CEO of the Small Business Association of Michigan, Brian Calley, also views the tax cut as permanent.

“It is disappointing the politics that state government will play to raise taxes on individuals and small businesses,” Calley said in a statement. “No one ever suggested that the income tax credit rate decrease due to taxpayers this year was temporary until the decrease was actually triggered.”