The Bottle Deposit Administration Credit was added to the MBT as part of 2007
PA 145. Section 451 provides that a distributor or manufacturer who originates a
deposit on a beverage container in accordance with Michigan's Bottle Bill, MCL
445.571 to 445.576, may claim a credit against its MBT liability equal to (a)
30.5% of the taxpayer's expenses incurred during the tax year to comply with the
Bottle Bill, if the section 281 surcharge is imposed in the same year, or (b)
25% of such expenses if the surcharge is not imposed in the same year. MCL
208.1451(1)(a) and (1)(b). If the amount of the allowed credit exceeds the
taxpayer's tax liability for the tax year, the excess is not refunded and may
not be carried forward as an offset against the taxpayer's tax liability in
future years. MCL 208.1451(2).
Section 451 does not define "expenses" or specify the types of expenses that
qualify for the credit. In order to comply with the Bottle Bill, distributors
who originate deposits on beverage containers (meaning that they charge the
deposit to their retailer customers) typically pick up empty beverage containers
from retailers (usually at the same time that they distribute new product),
process the returned containers as required, and sell the materials into the
recycling market. Distributors also have reporting and payment obligations with
respect to unclaimed bottle deposits. MCL 445.573a; 445.573b. Thus, distributors
may incur expenses related to receiving and sorting empty containers, storing
containers, cleaning or crushing containers, and recordkeeping. A distributor's
compliance-related expenses will vary depending on whether the retailers it
collects from use reverse vending machines. Reverse vending machines crush or
shred the returned containers, eliminating or reducing the need (and cost) for
distributors to collect and process the material recovered.
In order to qualify for the Bottle Deposit Administration Credit, expenses
must be ordinary, necessary, and directly related to the taxpayer's compliance
with the Bottle Bill. "Ordinary" means that another manufacturer or distributor
who originates deposits would likely incur a similar expense in complying with
the Bottle Bill. "Necessary" means that the expense is one the taxpayer would
not have incurred absent the necessity of complying with the Bottle Bill.
"Directly related" means that the main purpose of the qualifying expenditure was
compliance with the requirements of the Bottle Bill. For example, a can-crushing
machine purchased in order to process the empty deposit beverage containers
picked up from retailers would probably qualify for the credit in the year of
purchase. A printer purchased for general office use, and which is also used to
occasionally print reports related to bottle deposits, would not qualify.
Taxpayers claiming the Bottle Deposit Administration Credit must maintain
adequate documentation, through business books and records, supporting all
expenses for which the credit is claimed.