Michigan May Tax All of CMS’s Energy Sales Income, State Says

Aug. 27, 2025, 9:23 PM UTC

A CMS Energy Corp. unit sells all of the energy it produces within Michigan, meaning income from the sales is fair game for state income tax, the treasury department told an appeals court Wednesday.

CMS wants the Michigan Appeals Court to overturn a state tax tribunal ruling that an intermediary, the Midcontinent Independent System Operator, accepts delivery within Michigan of 100% of the company’s energy. Not all of the power Consumers Energy Co. produced from 2013 to 2016 was sold within the state, meaning it’s entitled to a $7.8 million refund under the Corporate Income Tax Act paid during that ...

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