Michigan Department of Treasury Attachment 9 4902 (Rev. 03-22) 2022 MICHIGAN Corporate Income Tax Schedule of Recapture of Certain Business Tax Credits Issued under authority of Public Act 38 of 2011. Taxpayer Name Federal Employer Identification Number (FEIN) Complete this schedule for any recapture in this tax year of previous tax credits listed on this schedule. Credits are Michigan Business Tax (MBT) credits except as noted. 1. Recapture of MBT Investment Tax Credit............................................................................................................... 1. 00 2. Recapture of Single Business Tax (SBT) Investment Tax Credit............................................................................ 2. 00 3. Recapture of MBT MEGA Employment Tax Credit................................................................................................. 3. 00 4. Recapture of MEGA Federal Contract Credit ......................................................................................................... 4. 00 5. Recapture of MEGA Photovoltaic Technology Credit ............................................................................................. 5. 00 6. Recapture of SBT “New” Brownfield Credit ............................................................................................................ 6. 00 7. Recapture of MBT Brownfield Redevelopment Credit ........................................................................................... 7. 00 8. Recapture of Film Infrastructure Credit .................................................................................................................. 8. 00 9. Recapture of Anchor Company Payroll Credit........................................................................................................ 9. 00 10. Recapture of Anchor Company Taxable Value Credit ............................................................................................ 10. 00 11. Recapture of Start-Up Business Credit .................................................................................................................. 11. 00 12. Recapture of SBT Historic Preservation Credit ...................................................................................................... 12. 00 13. Recapture of MBT Historic Preservation Credit...................................................................................................... 13. 00 14. Recapture of MEGA Battery Manufacturing Facility Credit..................................................................................... 14. 00 15. Recapture of MEGA Large Scale Battery Credit .................................................................................................... 15. 00 16. Total Recapture of Certain Business Tax Credits. Add lines 1 through 15. Carry amount to Form 4891, line 42; Form 4905, line 30; or Form 4908, line 23................................................................................................. 16. 00 + 0000 2022 34 01 27 3 |
Instructions for Form 4902 Corporate Income Tax Schedule of Recapture of Certain Business Tax Credits Line 2: Enter calculated amount of total SBT ITC recapture Purpose from the “Calculation of SBT ITC Recapture Amount” section Complete this form for any recapture in this tax year of later in these instructions. previously claimed Single Business Tax (SBT) or Michigan Business Tax (MBT) credits listed on this schedule. MEGA Employment Tax Credits If a taxpayer receives an MBT MEGA Employment Tax Credit Special Instructions for Unitary Business for a previous tax period under an agreement with MEGA Groups based on qualified new jobs and then removes 51 percent or A Unitary Business Group (UBG) filling this form should more of those qualified new jobs from Michigan within three provide a table identifying each member whose credits are years after the first year in which the taxpayer claimed such a being recaptured. The table should contain the member’s credit, the taxpayer must recapture an amount equal to the total Federal Employer Identification Number (FEIN) or TR number, of all such credits claimed on prior returns. name/type of each credit being recaptured by the member, Enter the total amount of all MBT MEGA Employment Line 3: and the total recapture amount of each credit by member. The Credits claimed on previously filed forms (Form 4574) Tax UBG sums the total recapture amount for all members by to recapture. subject credit type, and transfers the sum of total recapture amount to the appropriate credit recapture line on this form. Submit MEGA Federal Contract Credit a completed Corporate Income Tax Schedule of Recapture The MEGA Federal Contract Credit is claimed through an of Certain Business Tax Credits (Form 4902) and copy of agreement with MEGA. If a taxpayer claimed this credit and the table identifying the members whose credits are being subsequently fails to meet requirements of the MBT Act or recaptured when filing the applicable CIT Annual return. conditions of the agreement, the taxpayer must recapture the Part 1: Line-by-Line Instructions entire amount of such credit previously claimed. Lines not listed are explained on the form. Line 4: Enter the total amount of all MEGA Federal Contract Taxpayer Name and Account Number: Enter name and Credits claimed on previously filed MBT Election of Refund or account number as reported on page 1 of the applicable CIT Carryforward of Credits (Form 4584) subject to recapture. Annual return: the Corporate Income Tax Annual Return MEGA Photovoltaic Technology Credit (Form 4891) for standard taxpayers, the Corporate Income Tax Annual Return for Financial Institutions (Form 4908), or the The MEGA Photovoltaic Technology Credit is claimed through Insurance Company Annual Return for Corporate Income and an agreement with MEGA. A taxpayer or assignee that claimed Retaliatory Taxes (Form 4905). a credit and subsequently fails to meet the requirements of the MBT Act or any other conditions established by MEGA UBGs: A UBG reporting recapture should attach only one in the agreement may, as determined by MEGA, have its copy of this form to its annual return, even if multiple members credit reduced or terminated or have a percentage of the are subject to recapture. Enter the Designated Member (DM) credit previously claimed added back to the tax liability of the name in the Taxpayer Name field and the DM account number taxpayer in the tax year that the taxpayer or assignee fails to in the FEIN field. comply. Investment Tax Credits Line 5: Enter the calculated recapture amount of all MEGA Under both SBT and MBT, taxpayers were allowed to claim Photovoltaic Technology Credits claimed on previously filed an Investment Tax Credit (ITC) for costs paid or accrued in 4574 forms, as applicable. the filing period for qualifying tangible asset(s) physically located in Michigan. The assets must have been of a type that SBT “New” Brownfield Credit and MBT Brownfield were or would become eligible for depreciation, amortization, Redevelopment Credit or accelerated capital cost recovery for federal income tax. Both the SBT “New” Brownfield Credit and the MBT Mobile tangible assets, wherever located, were subject to Brownfield Redevelopment Credit provide that the disposal apportionment in the same manner as the tax base. Disposition or transfer to another location of personal property used of an asset, or moving an asset out of Michigan, creates a to calculate each credit will result in an addition to the tax recapture of the credit. liability of the qualified taxpayer that was originally awarded For a guide on how to calculate the ITC recapture amount, the credit in the year in which the disposal or transfer occurs. see the “Calculation of MBT ITC Recapture Amount” and This is true even if the credit was assigned to someone else. “Calculation of SBT ITC Recapture Amount” sections later in This additional liability, or recapture amount, is calculated by these instructions. multiplying the same percentage as was used to calculate the credit (e.g. 10 percent) times the federal basis of the property Line 1: Enter calculated amount of total MBT ITC recapture to calculate gain or loss (as calculated for federal used from the “Calculation of MBT ITC Recapture Amount” section as of the date of the disposition or transfer. purposes) later in these instructions. 79 |
Line 6: Enter the calculated recapture amount of all SBT Line 8: Enter the calculated recapture amount of all Film “New” Brownfield Credits claimed on previously filed forms Infrastructure Credits claimed on previously filed 4573 forms. (C-8000MC). Anchor Company Credits Line 7: Enter the calculated recapture amount of all MBT The Anchor Company Payroll Credit and the Anchor Company Brownfield Redevelopment Credits claimed on previously Taxable Value Credit are claimed through an agreement filed 4584 forms, or Request for Accelerated Payment for with MEGA. If a taxpayer claimed one of these credits and the Brownfield Redevelopment Credit and the Historic subsequently failed to meet the requirements of the MBT Act Preservation Credit (Form 4889), as applicable. or conditions of the agreement, the taxpayer must recapture the entire amount of such credit previously claimed. Film Infrastructure Credit The Film Infrastructure Credit is available through an agreement Line 9: Enter the total amount of all Anchor Company Payroll between the taxpayer and the Michigan Film Office, with the Credits claimed on previously filed 4584 forms subject to concurrence of the State Treasurer. The credit amount is equal recapture. to 25 percent of the base investment expenditures in a qualified Line 10: Enter the total amount of Anchor Company Taxable film and digital media infrastructure project. If the taxpayer sells Value Credits claimed on previously filed 4584 forms subject to or otherwise disposes of a tangible asset that was paid for or recapture. accrued after December 31, 2007, and whose cost was included in the base investment, the taxpayer must report recapture equal Start-Up Business Credits to 25 percent of the gross proceeds or benefit from the sale or A company that claimed the Start-Up Business Credit under disposition, adjusted by the apportioned gain or loss. either MBT or SBT must pay back a portion of the credit if they have no business activity in Michigan and have business Follow the worksheet below to calculate the Film Infrastructure activity outside of Michigan within three years after the last Credit recapture amount. tax year in which the credit was taken. The credit recapture amounts are calculated as follows: Recapture of Film Infrastructure Credit Worksheet • 100 percent of the total of all credits claimed if the move is The following calculation applies to all eligible depreciable tangible assets located in Michigan that were acquired in a tax year beginning after Dec. 31, within the first tax year after the last tax year for which a 2007, and were sold or otherwise disposed of during the tax year. credit was claimed; • 67 percent of the total of all credits claimed if the move is 1. Total gross sales price for all within the second tax year after the last tax year for which a eligible depreciable tangible assets .......................................... 00 credit was claimed; and 2. Total gain/loss for all eligible • 33 percent of the total of all credits claimed if the move is depreciable tangible assets ......... 00 within the third tax year after the last tax year for which a credit was claimed. 3. Adjusted Proceeds. If line 2 is a gain, subtract line 2 from line 1. Line 11: Enter the calculated recapture amount of the Start-Up If line 2 is a loss, add line 1 and Business Credit claimed previously on 4573 forms. line 2 ............................................ 00 If taxable in another state, complete line 4 and line 5; otherwise, skip to SBT and MBT Historic Preservation Credits line 6. Both SBT and MBT Historic Preservation credits provide that if a recapture event occurs, in the year of the event a percentage 4. Apportioned gains (losses). of the credit amount previously claimed must be added back Multiply line 2 by the percentage to the tax liability of the qualified taxpayer that received the from Form 4891, line 9g .............. 00 certificate of completed rehabilitation or preapproved letter. 5. Apportioned Adjusted Proceeds. If line 4 is a gain, subtract line 4 A recapture event occurs if, in less than five years after the from line 1. If line 4 is a loss, add historic resource is placed in service, either of the following line 1 and line 4 ........................... 00 happens: 6. Recapture of Film Infrastructure • A certificate of completed rehabilitation is revoked; or Credit. Multiply line 3 or line 5 by 25% (0.25) .............................. 00 • A preapproval letter for an enhanced credit is revoked; or • A historic resource is sold or disposed of. The percentage of credit recapture that must be used varies NOTE: A sale of qualifying property reported on the according to the number of years the recapture event occurs installment method for federal income tax purposes causes after the credit was claimed, as follows: a recapture based upon the entire gross proceeds in the year of the sale, less any gain reflected in federal taxable income • 100 percent of the total of all credits claimed if the recapture (as defined for MBT purposes) in the year of the sale. The event occurs less than 1 year after the tax year for which a gain attributable to the installment sale that is reported in credit was claimed; subsequent years decreases the recapture base (or reduces other • 80 percent of the total of all credits claimed if the recapture sources of recapture) for those years. event occurs at least 1 year, but less than 2 years after the tax year for which a credit was claimed; 80 |
• 60 percent theof total allof credits claimed theif recapture claimed a credit relocates its advanced lithium ion battery event occurs at least 2 year, but less than 3 years after the pack assembly facility that produces the battery pack units for tax year for which credita was claimed; which the credit was claimed outside of Michigan during the • 40 percent theof total allof credits claimed theif recapture term of the agreement or subsequently fails to meet the capital event occurs at least 3 year, but less than 4 years after the investment or new jobs requirements of the agreement entered tax year for which credita was claimed; with MEGA, the taxpayer shall have a percentage of the • 20 percent of the total of all credits claimed if the recapture amount previously claimed added back to the tax liability of the event occurs at least 4 years, but less than 5 years after the taxpayer in the tax year that the taxpayer fails to comply with tax year for which a credit was claimed. the agreement, and shall have its credit terminated or reduced prospectively. NOTE: If the credit has been assigned, the recapture is the responsibility of the qualified taxpayer that received the Include completed Form 4902 as part of the tax return filing. certificate completedof rehabilitation, not the assignee. NOTE: A recapture is not required if the qualified taxpayer enters into a written agreement with the State Historic Preservation Office that allows for the transfer or sale of the historic resource. Line 12: Enter the calculated recapture amount of all SBT Historic Preservation Credit claimed on previously filed C-8000MC forms, Form or 4889, applicable. as Line 13: Enter the calculated recapture amount of all MBT Historic Preservation Credit claimed on previously filed 4584 forms 4889 or forms, applicable. as MEGA Battery Manufacturing Facility Credit The MEGA Battery Manufacturing Facility Credit is claimed through an agreement with MEGA. A taxpayer that claimed a credit that subsequently fails to meet the requirements of the agreement, as determined by MEGA, may have its credit reduced or terminated or have a percentage of the credit previously claimed added back to the tax liability of the taxpayer in the tax year that the taxpayer fails to comply with the agreement. Line 14: Enter the calculated recapture amount of all MEGA Battery Manufacturing Facility Credits claimed on previously filed 4584 forms or 4889 forms, as applicable. MEGA Large Scale Battery Credit The MEGA Large Scale Battery Credit is available to a qualified taxpayer that enters into an agreement with MEGA to construct an eligible facility and create a minimum of 750 new jobs. A taxpayer that claimed a credit that subsequently fails to meet the requirements of the agreement, as determined by MEGA, may have its credit reduced or terminated or have a percentage of the credit previously claimed added back to the tax liability of the taxpayer in the tax year that the taxpayer fails to comply with the agreement. In addition, if the taxpayer fails to create 750 new jobs, the taxpayer shall have its credit reduced by $65,000 for each job less than 750 that was not created and, if the taxpayer fails to create at least 500 new jobs, additional recapture of any credit or benefit received pursuant to the agreement may be recaptured. Line 15: Enter the calculated recapture amount of all MEGA Large Scale Battery Credits claimed on previously filed 4584 forms. MEGA Advanced Lithium Ion Battery Pack Credit The MEGA Advanced Lithium Ion Battery Pack Credit is claimed through an agreement with MEGA. If a taxpayer that 81 |
Calculation of MBT ITC Recapture Amount Calculation of MBT ITC Recapture Bases UBGs: The recapture of capital investments for UBGs is For each category of assets disposed of (or moved out of calculated on combined assets of standard members of the Michigan) that triggers an MBT ITC recapture, enter the UBG. Assets transferred between members of the group are information requested below. not a capital investment in qualifying assets for purposes of calculating this credit or its recapture. Disposing of or In each category of disposed of/moved asset, group assets by transferring an asset outside of the UBG triggers recapture. taxable year in which they were acquired. All events that have Also, moving an asset outside of Michigan creates recapture, varying dates must be listed separately. Multiple dispositions even if the transfer is to a member of the UBG. (or transfers) may be combined as one entry, subject to the following: all combined events must satisfy the terms of Worksheet 1a — Depreciable Tangible Assets the table in which they are entered. “Taxable Year in which Enter all dispositions of depreciable tangible assets located disposed of assets were acquired” must be the same for all in Michigan that were acquired or moved into Michigan after events combined on a single line. acquisition in a tax year beginning after 2007 and were sold or otherwise disposed of during the current filing period. UBGs: If capital asset subject to recapture is from a member Give all information required for each disposition in columns that was not part of the group in the tax year the asset was A through F. In column A, enter the taxable year in which the acquired, make a separate line entry for the tax year the disposed of assets were acquired. Enter combined gross sales member filed outside of the group. Take care to report in this price (net of costs of sale) in column B, and in column C, enter line information requested in each column only from the total gain or loss included in calculating federal taxable income member’s single filings, not the group’s. (as defined for MBT purposes). NOTE: A sale of qualifying property reported on the NOTE: Sales price includes any benefit derived from the sale. installment method for federal income tax purposes causes a Worksheet 1b — Depreciable Mobile Tangible Assets recapture based upon the entire gross proceeds in the year of the sale. The recapture is reduced by any gain reported in federal Enter all dispositions of depreciable mobile tangible assets that taxable income (as defined for MBT purposes) in the year of the were acquired after 2007 and were sold or otherwise disposed sale. The gain attributable to the installment sale that is reported of during the current filing period. Give all information required in subsequent years increases the credit base (or reduces other for each disposition incolumns A through F. Incolumn A, enter sources of recapture) for those years, and must be reported on the taxable year which in the disposed assets of were acquired. column C of the appropriate Worksheet based on the type of Enter gross sales price (net ofcosts of sale) in column B, and in asset. column enter C, total gain loss or included calculating in federal taxable income (as defined for MBT purposes). Worksheet 1a — Depreciable Tangible Assets A B C D E F Taxable Year (End Date) CIT Apportionment Apportioned MBT ITC Recapture In Which Disposed Combined Sales Price Percentage from Form Gain/Loss (Base 1) Assets Were Acquired of Disposed Assets by Net Gain/Loss From 4891, line 9g, or Form Multiply Column C Subtract Column E (MM-DD-YYYY) Year of Acquisition Sale of Assets 4908, line 9c by Column D From Column B Worksheet 1b — Depreciable Mobile Tangible Assets A B C D E F Taxable Year (End Date) CIT Apportionment MBT ITC Recapture In Which Disposed Combined Sales Price of Adjusted Proceeds Percentage from Form (Base 2) Assets Were Acquired Disposed Assets by Net Gain/Loss From Subtract Column C 4891, line 9g, or Form Multiply Column D (MM-DD-YYYY) Year of Acquisition Sale of Assets From Column B 4908, line 9c by Column E Worksheet 1c — Assets Transferred Outside Michigan A B Taxable Year (End Date) MBT ITC Recapture In Which Disposed Combined Adjusted Federal Basis of Assets Were Acquired Disposed Assets by Year of Acquisition (MM-DD-YYYY) (Base 3) 82 |
For property placed in service after December 31, 2007, gain assets acquired after 2007 that were eligible for ITC and were reflected in federal taxable income (as defined for MBT transferred outside Michigan during the filing period. Give all purposes) is the gain reported federally except that it shall be information required for each disposition in column A and B. calculated as if IRC § 168(k) were not in effect. In column A, enter the taxable year in which the disposed of assets were acquired, and in column B, enter adjusted basis as NOTE: Sales price includes any benefit derived from the sale. used for federal purposes. Do not use a recomputed MBT basis Worksheet 1c — Assets Transferred Outside Michigan for this purpose. Enter all depreciable tangible assets other than mobile tangible Calculation of MBT ITC Recapture Rates • Column H: Calculate gross ITC amount: multiply column F and Amounts by column G for each tax year. Complete Worksheet 2 (on the following page), entering • Column J: MBT recapture of capital investment. Enter total each tax year (End Date) in which the disposed of assets that amount of recapture of capital investment reported on Form triggered MBT ITC recapture were acquired. 4570, line 16, for each tax year listed on column I. NOTE: Line references on columns below are based on the • Column L: Gross MBT ITC recapture amount. Multiply 2010 and 2011 MBT Form 4570. Lines for 2008 and 2009 column J by column K. This represents the total amount of MBT forms are different, so if copying information from a ITC recapture available to be reported in the tax year. 2008 and 2009 MBT form, choose the appropriate lines. • Column M: MBT ITC recapture amount offset by credit. Worksheet 2 Enter the lesser of columns H and L. This is the amount of • Column A: Enter in chronological order, beginning with available ITC recapture that was offset by the total amount of the earliest, the tax year end date of each acquisition year of available ITC in the year. disposed of assets that triggered MBT ITC recapture from Worksheet 1a through 1c. • Column O: SBT credit recapture amount. Enter total amount from Form 4570, line 19 for each tax year listed on column N. UBGs: If capital asset subject to recapture is from a member that was not part of the group in the tax year the asset was • Column P: SBT ITC recapture amount offset by credit. Enter acquired, make a separate line entry for the tax year the lesser of the amount on column O, and the amount of column H member filed outside of the group. Take care to report in this minus column M. This is the amount of SBT ITC recapture that line information requested in each column only from the was offset by the total amount of available ITC in the tax year. member’s single filings, not the group’s. • Column Q: Total MBT ITC used. Add columns D, M, and • Column B: Enter allowable MI compensation and ITC P. The total amount of MBT ITC used equals to the amount of amount from Form 4570, line 26 with the corresponding credit that offsets MBT ITC recapture, SBT ITC recapture, and acquisition year in column A. the MBT liability. • Column C: Enter the MI compensation credit amount from • Column R: Extent used rate. Divide amounts on column Q Form 4570, line 3 with the corresponding acquisition year in by amounts on column H. column A. • Column T: MBT recapture base. Enter total amount of MBT • Column D: Calculate net ITC amount: subtract column C ITC recapture base from Worksheet 1a, column F; Worksheet from column B for each tax year. If difference is negative, 1b, column F and Worksheet 1c, column B. enter zero. This is the amount of ITC that offsets MBT • Column U: MBT recapture amount. Multiply amount in liability. column T by rates in column G, and in column R. • Column F: MBT capital investment amount. Enter total amount of capital investment reported on Form 4570, line 8, for Add up figures in each row of column U, and carry that amount each tax year listed on column E. to Form 4902, line 1. If the total of all rows in column U is less than zero, enter zero on Form 4902, line 1. • Column G: ITC rate. Enter 2.32% for tax years on column E that end with 2008, otherwise enter 2.9%. 83 |
Worksheet 2 — Calculation of MBT ITC Recapture Rates and Amounts A B C D Allowable Michigan ITC that offsets MBT liability Taxable Year (End Date) in compensation and ITC credit Michigan Compensation Subtract column C which MBT ITC Disposed amount from Form 4570, Credit Amount from from column B Assets were acquired line 26 Form 4570, line 3 (Enter 0 if less than 0) E F G H MBT Capital Investment ITC rate Gross ITC Credit Amount Taxable Year Amount from Form 4570, (2.32% for tax years ending Multiply column F (repeat from column A) line 8 in 2008, or 2.9% otherwise) by column G I J K L M MBT Recapture of Capital ITC rate Gross MBT ITC Recapture MBT ITC Recapture Amount Taxable Year Investment Amount from (2.32% for tax years ending Multiply column J Offset by Credit Lesser (repeat from column A) Form 4570, line 16 in 2008, or 2.9% otherwise) by column K of column L and H N O P Q R SBT ITC Recapture Amount SBT ITC Credit Recapture Offset by Credit Lesser Taxable Year Amount from Form 4570, of column O, Total MBT ITC Credit Used Extent Credit Used Rate (repeat from column A) line 19 and column (H – M) Add columns D, M, and P Divide column Q by column H S T U Recapture base. Enter total amount of recapture from Worksheet 1a, column F; Worksheet 1 b, Recapture Amount. Taxable Year column F; and Worksheet 1c, Multiply column T by (repeat from column A) column B. column G and by column R 84 |
Calculation of SBT ITC Recapture Amount Calculation of SBT ITC Recapture Bases Worksheet 3a Depreciable Tangible Assets For each category of asset disposed of (or moved out of For depreciable tangible assets located in Michigan that were Michigan) that triggers an SBT ITC recapture, enter the acquired or moved into Michigan after acquisition in a tax information requested below. year beginning after 1999 and prior to 2008, and were sold or otherwise disposed of during the tax year, enter the following: In each category of disposed of/moved asset, group assets by taxable year in which they were acquired. All events that have Line 1, Column A: Group the depreciable tangible assets that varying dates must be listed separately. Multiple dispositions were disposed of during the current filing period by the tax (or transfers) may be combined as one entry, subject to the year in which they were acquired. Use a separate row for each following: all combined events must satisfy the terms of acquisition year. Enter the tax years of acquisition (end dates the table in which they are entered. “Taxable Year in which only) in chronological order, starting with the first tax year disposed assets were acquired” must be the same for all events beginning after 1999. An acquisition year for which there were combined on asingle line. no dispositions of depreciable tangible assets during the filing period may be omitted. However, do not omit the acquisition NOTE: A sale of qualifying property reported on the year of depreciable tangible assets that have been sold on an installment method for federal income tax purposes causes a installment method if gains attributable to installment payments recapture of the entire gross proceeds in the year of the sale. received during the current filing period must be reported. The recapture is reduced by any gain reported in federal taxable income in the year of the sale. The gain attributable Line 1, Column B: Total gross proceeds from all depreciable to the installment sale that is reported in subsequent years tangible assets that were acquired in the same taxable year and increases the credit base (or reduces SBT ITC recapture) disposed of during the filing period. If a qualifying asset was for those years, and must be reported on column C of the sold on an installment sale in a prior filing period, the entire appropriate Worksheet based on the type of asset. sale price was reported for recapture purposes in the year of sale. Therefore, if a payment was received on that installment UBGs: Fill necessary Worksheets 3a, 3b, and 3c for each sale in the current filing period, do not report that amount as member of the group who has disposed of assets that triggered gross proceeds for this period. See instructions for column C, an SBT ITC recapture in the current filing period. however, with respect to the gain from that installment payment. Worksheet 3a — Depreciable Tangible Assets 1. A B C D E F Taxable Year (End Date) Apportionment Apportioned SBT ITC Recapture In Which Disposed Combined Sales Price Percentage from Form Gain/Loss (Base 1) Assets Were Acquired of Disposed Assets by Net Gain/Loss From 4891, line 9g, or Form Multiply Column C Subtract Column E (MM-DD-YYYY) Year of Acquisition Sale of Assets 4908, line 9c by Column D From Column B Worksheet 3b — Depreciable Mobile Tangible Assets 2. A B C D E F Taxable Year (End Date) Apportionment SBT ITC Recapture In Which Disposed Combined Sales Price of Adjusted Proceeds Percentage from Form (Base 2) Assets Were Acquired Disposed Assets by Net Gain/Loss From Subtract Column C 4891, line 9g, or Form Multiply Column D (MM-DD-YYYY) Year of Acquisition Sale of Assets From Column B 4908, line 9c by Column E Worksheet 3c —Assets Transferred Outside Michigan 3. A B Taxable Year (End Date) SBT ITC Recapture In Which Disposed Combined Adjusted Federal Basis of Assets Were Acquired Disposed Assets by Year of Acquisition (MM-DD-YYYY) (Base 3) 85 |
Line 1, Column C: Net total gains/losses reflected in federal installment payments received during the current filing period taxable income from all depreciable tangible assets that were must reported.be acquired in the same taxable year and disposed of during the filing period. Report also in column C any gain reflected Line 2, Column B: Total gross proceeds from all depreciable mobile tangible assets that were acquired in the same taxable in federal taxable income that is attributed to an installment year and disposed of during the filing period. If a qualifying payment received during the current CIT filing period, from asset was sold on an installment sale in a prior filing period, a prior installment sale of an asset that was of a type and the entire sale price was reported for recapture purposes in acquisition date covered in this table. For property placed the year of sale. Therefore, if a payment was received on that in service prior to January 1, 2008, gain reflected in federal installment sale in the current filing period, do not report taxable income is equal to the gain reported for federal that amount as gross proceeds for this period. See column purposes. Keep in your files a separate worksheet with the C, however, with respect to the gain from that installment appropriate information regarding each depreciable tangible payment. asset located in Michigan that was acquired or moved into Michigan after acquisition in a tax year beginning after 1999 Line 2, Column C: Net total gains/losses reflected in federal and prior to 2008, and was sold or otherwise disposed of during taxable income from all depreciable mobile tangible assets the tax year. Sum the total gross proceeds and gain or loss for that were acquired in the same taxable year and disposed of all disposed of assets acquired in the same taxable year. Enter during the filing period. Report also in column C any gain in this form only the total sum of gross proceeds and gain/loss reflected in federal taxable income that is attributed to an grouped by taxable year the assets were acquired. Use one row installment payment received during the current CIT filing per group of disposed of assets acquired in the same taxable period, from a prior installment sale of an asset that was of a year. Start from the earliest acquisition year. type and acquisition date covered in this table. For property placed inservice prior to January 1, 2008, gain reflected in Line 1, Column D: Enter the apportionment percentage from federal taxable income is equal to the gain reported for federal Form 4891, line 9g, or Form 4908, line 9c. If not apportioning, purposes. Keep in your files a separate worksheet with the enter 100 percent. Enter the same apportionment percentage for appropriate information regarding each depreciable mobile each row completed. tangible asset acquired in a tax year beginning after 1999 and Line 1, Column F: Subtract column E from column B for each prior to2008, and sold or otherwise disposed of during the row. If column E is a loss, add its positive value to column B tax year. Sum the total gross proceeds and gain or loss for all for each appropriate row. A loss in column E will increase the disposed ofassets acquired in the same taxable year. Enter in recapture base. this form only the total sum of gross proceeds and gain or loss grouped by taxable year the assets were acquired. Use one row Worksheet 3b — Depreciable Mobile Tangible Assets per group of disposed of assets acquired in the same taxable Mobile tangible assets are all of the following: year. • Motor vehicles that have a gross vehicle weight rating of Line 2, Column D: Subtract figures in column C from 10,000 pounds or more and are used to transport property or amounts incolumn B for each row. Ifcolumn C loss,is a add persons for compensation; its positive value to column B for each appropriate row. A loss • Rolling stock (railroad freight or passenger cars, in column C will increase the recapture. locomotives otheror railcars), aircraft, and watercraft used by Line 2, Column E: Enter the apportionment percentage from the owner transportto property personsor for compensation or Form 4891, line 9g, Form or 4908, line 9c. not If apportioning, used by the owner to transport the owner’s property for sale, enter 100 percent. Enter the same apportionment percentage for rental, furtheror processing; each row completed • Equipment used directly in completion of, or in construction contracts for, the construction, alteration, repair, or Line 2, Column F: Multiply amounts in column D by column E for each row. improvement of property. For depreciable mobile tangible assets that were acquired in Worksheet 3c — Assets Transferred Outside Michigan a tax year beginning after 1999 and prior to 2008, and were For depreciable tangible assets other than mobile tangible sold or otherwise disposed of during the tax year, enter the assets acquired in tax years beginning after 1999 and prior to following: 2008, that were eligible for the ITC tax in years beginning after Line 2, Column A: Group the depreciable mobile tangible 1999 and prior to 2008, and were transferred outside Michigan assets that were disposed of during the filing period by the during the tax year, enter the following: tax year in which they were acquired. Use a separate row for Line 3, Column A: Group the depreciable tangible assets each acquisition year. Enter the tax years of acquisition (end other than mobile tangible assets that were transferred out of dates only) in chronological order, starting with the first tax Michigan during the filing period by the tax year in which year beginning after 1999. An acquisition year for which there they were acquired. Use a separate row for each acquisition were no dispositions of depreciable mobile tangible assets year. Enter the tax years of acquisition (end dates only) in during the filing period may be omitted. However, do not omit chronological order, starting with the first tax year beginning the acquisition year of depreciable mobile tangible assets that after 1999. An acquisition year for which there were no have been sold on installmentan method gainsif attributable to transfers depreciable of tangible assets out Michigan of during 86 |
the filing period may be omitted. after 1999 and prior to 2008, that were eligible for the ITC in tax years beginning after 1999 and prior to 2008, and were Line 3, Column B: Total sum of adjusted federal basis from transferred outside Michigan during the tax year. Sum the total all depreciable tangible assets acquired in the same taxable adjusted federal basis for all such transferred assets acquired year and transferred out of Michigan during the filing period. in the same taxable year. Enter thisin form only the total sum Keep inyour files a separate worksheet with the appropriate of adjusted federal basis grouped by the taxable year the assets information regarding each depreciable tangible asset other were acquired. Use one row per group of such transferred than mobile tangible assets acquired in tax years beginning assets acquired thein same taxable year. Start from the earliest taxable year. Calculation of SBT ITC Recapture Rates • Filers(**) who have filed MBT an Form 4583 for either 2008 Recapture rates can be calculated using any of 3 methods or 2009 tax year; or described the in “Method Summary Table” below. The Table • Filers(**) who have NOT filed 2008 or 2009 MBT return, highlights the methods’ pros and cons. Choose your method, and have filed MBT return(s) for tax year(s) after 2009. and follow the appropriate instructions calculate to the rates on (*) For UBGs, the condition applies only for groups where all Worksheet 4a, line 4, column E. members were included in every 2008 and 2009 MBT return NOTE: Whichever method is used, the calculated effective filed by the group. recapture rate of SBT ITC by year cannot be higher than the (**) Filers refers to single filers (non-UBGs) or UBG members figure calculated under Method A for any year. in the current tax year who were not part of a group in 2008 or NOTE ON USING THE SIMPLEST METHOD: When 2009 and were single-filers then. Not filing a Form 4567 does the amount of SBT ITC used equals the amount of SBT ITC not allow a taxpayer to preserve SBT credit carryforward from created, the three methods yield the same result. This occurs in one year to the next. either of the following situations: The simplest method that can be used Method is A. Taxpayers Calendar year filer (*): 2009 MBT Form 4569, lines 2 and 3, that meet either of the situations above should use Method A. are equal for the latest 2009 tax year return filed; It provides correct results using the least amount data of input from the taxpayer. Fiscal year filer(*): 2008 MBT Form 4569, line 4, equals zero for the latest 2009 tax year return filed; METHOD SUMMARY TABLE TYPE OF METHOD PROS CONS Method A • Easy to calculate. • Method does not take into account the extent to • Works for all types of taxpayers, including any which the ITC credit was used. type of UBG groups. • Taxpayer or UBG member disposing of ITC asset only need to enter information on Worksheet 4a for years in which assets that trigger recapture were acquired. Method B • Takes into account the extent whichto the ITC • Taxpayers must fill Worksheets 4a, 4b, and was used. 4c and enter necessary information in Treasury webtool. • Information on Worksheet 4a must be entered for all years in which assets were bought and ITC was claimed, whether or not those assets were disposed of in the current tax year. Method C • Taxpayers fill only Worksheet 4a, line 4, • Taxpayer needs to develop own calculation column E. procedure that reflects the MBT statute. Retain records to substantiate calculation. 87 |
UBGs: Fill necessary Worksheets 3a, 3b, and 3c for each from the latest return filed for that tax year. member of the group who has disposed of assets outside of the UBGs: Fill set of Worksheets 4a, 4b , and 4c for each member group, which triggered an SBT ITC recapture in the current of the group who disposed of assets that triggered SBT ITC filing period. recapture in the current tax year. • Method A: ○ Worksheet 4b, line 5, columns A and B: Starting ○ Worksheet 4a, line 4, columns A through D: Enter with Form 4569 for the earliest 2008 and latest 2009 in the tax year end date of each acquisition year of applicable MBT filing period, enter the information disposed assets that triggered SBT ITC recapture. requested on table. If more than one return was filed for (Those dates should be the same as appear in column A the same tax year (that is, the taxpayer filed an amended of Worksheet 3a through 3c.) return), use only the information from the latest return For each year displayed in column A, enter Form filed for that tax year. C-8000ITC information required in the appropriate NOTE: For MBT tax years that the taxpayer filed Form 4567 column, using return data specific from each applicable and no Form 4569, enter on line 5A the taxable year end date, tax year. If the amount of column C is zero for a and enter zero for line 5B. Do not enter any information particular year, and the amount on C-8000ITC, line on lines 5A and 5B for MBT years in which the taxpayer 10 for that year is larger than zero, taxpayers may not filed nothing or filed a Form 4583. See Note on Using the enter zero on column E if the taxpayers fall in either Simplest Method under the heading Calculation of SBT ITC of the two categories explained below, and must do the Recapture Rates in these instructions. Not filing a Form 4567 appropriate calculations as follows: does not allow a taxpayer to preserve SBT credit carryforward 1) Taxpayers who used the straight method from one year to the next. to calculate the SBT liability for that taxable year: UBGs: During tax years ending in 2008 and 2009, UBG groups calculate the credit rate as instructed on C-8000ITC, were allowed to offset the group liability by claiming member’s line 26 for that taxable year, and enter the result on SBT ITC carryforward. When completing Worksheet 4b, line column E; or 5, column B, enter the portion of the total group SBT ITC 2) Taxpayer who used the excess compensation carryforward used by the group for each year that pertains to reduction method to calculate the SBT liability for that the specific member that is disposing of SBT ITC asset in the taxable year: calculate the credit rate on C-8000ITC, current tax year, as calculated in the example below. If the line 26, for that taxable year; subtract the percentage member completing Worksheet 4b was not part of a UBG in found on C-8000S, line 6, from 100%, and multiply the 2008 and/or 2009 tax years, and filed as a stand alone filer, take result of that subtraction by the calculated credit rate on care to report on Worksheet 4b, lines 5A and 5B information C-8000ITC, line 26. Enter the result on column E. from the member’s singly filed returns. ○ Worksheet 4b, line 5, columns A and B: Leave lines Example: In 2008, group ABC files MBT return claiming blank. $1,000,000 in SBT ITC carryforward. The group consisted ○ Worksheet 4a, line 4, Column E: Divide the amount in of Company 1, Company 2, Company 3, and Company 4. column C by the amount in column B, for each taxable Company 4’s tax year ended after the tax year of the group’s year in column A, and enter as a percentage. Designated Member, so Company 4’s data was not included in group ABC’s 2008 MBT return, even though Company ○ Worksheet 4c, lines 6, 7, and 8: leave all columns 4 was part of the UBG. The total $1,000,000 in SBT ITC blank. carryforward resulted from the sum of $200,000 in SBT ITC • Method B: carryforward from Company 1, $300,000 from Company 2, and $500,000 from Company 3. In the current year, companies ○ Worksheet 4a, line 4, columns A through D: Gather 2, 3 and 4 dispose of capital investment outside of the group, all C-8000ITC forms filed for tax years beginning on which triggers SBT ITC recapture. Therefore, Group ABC or after January 1, 2000. (If an amended C-8000ITC fills a Form 4902 to report the sum of SBT ITC recapture was filed, use the figures from the amended form, not from Company 2, Company 3, and Company 4. When filling the original.) Sort all the returns in chronological order the Worksheet 4b, line 5, column B for Company 2, report of taxable year end date, from earliest to latest date. $200,000 – which represents the portion of the total SBT ITC Starting with the Form C-8000ITC for the earliest carryforward claimed by the group in 2008 that corresponds applicable SBT filing period, enter the information only to Company 2’s SBT ITC carryforward in 2008. When requested on the table for each taxable year (use one filling Worksheet 4b, line 5, column B for Company 3, report row for each return). $500,000 – which represents Company 3’s portion of the total NOTE: For SBT tax years when the taxpayer filed a C-8000 SBT ITC carryforward claimed by the group in 2008. When with no C-8000ITC, or a C-8030, enter on line 4A the taxable filling Worksheet 4b, line 5, column B for Company 4, report year end date, and enter zero for lines 4B, 4C, and 4D. Do not $0 – which represents Company 4’s portion of the total SBT ITC enter any information on lines 4A through 4D for SBT tax carryforward claimed by the group in 2008. years in which the taxpayer filed nothing OR filed a C-8044. If more than one return was filed for the same tax year (that is, ○ Worksheet 4a, Column E: For each taxable year, enter the taxpayer filed an amended return), use only the information the rates calculated on Worksheet 4c, line 8, column M. 88 |
○ Worksheet 4c (lines and columns not listed are Capital Investment amount reported on Worksheet explained on the table): 4a, line 4, column B. Divide amounts from • Line 6, column A: Enter only taxable years in Worksheet 4a, line 4, column C by amounts from which SBT ITC disposed assets were acquired. worksheet 4a, line 4, column B for each taxable Dates should match those listed on Worksheets 3a, year and enter results here. If the quotient of that 3b, and 3c, columns A. List each date only once. division for a particular tax year on line 6, column A equals zero, and the amount on Worksheet 4c, • Line 6, column C: For each taxable year on line 6, column A, find the corresponding SBT ITC amount line 6, column B is positive, instead of zero, enter reported on worksheet 4a, line 4, column C, and Net the following on line 6, column C as appropriate: Worksheet 4a 4. A B C D E Maximum or Actual Calculated Return For Effective Taxable Year Recapture Ending Net Capital Investment SBT ITC SBT ITC Used Percentage Rate (MM-DD-YYYY) (C-8000ITC, Line 24) (C-8000ITC, Line 33) (C-8000ITC, Line 36) of SBT ITC by Year % % % Worksheet 4b 5. A B Return For Taxable Year Ending SBT ITC Carryforward Used (MM-DD-YYYY) (Form 4569, line 3) Worksheet 4c 6. A B C D Taxable Year (End Date) SBT ITC Credit Rate In Which Disposed SBT Capital Divide line 4, column C, Gross SBT ITC Credit Amount Asset Were Acquired Investment Amount by line 4, column B Multiply column B (MM-DD-YYY) (C-8000ITC, line 10) (See Instructions if zero) by column C 7. E F G H Taxable Year SBT Recapture Capital SBT Recapture Amount Offset (repeat from Investment Amount Gross SBT ITC Credit Recapture by Credit column A) (C-8000ITC, line 23) Multiply column F by column C Lesser of columns D and G 8. I J K L M SBT ITC Recapture Rate Extent Credit Used Rate Multiply columns C Taxable Year SBT ITC Credit Amount Divide column K by and L. Carry amount to (repeat from That offsets SBT liability Total SBT ITC Credit Amount Used column D (cannot be Worksheet 4a, line 4, column A) (from webtool) Add columns J and H more than 1) column E 89 |
1) Taxpayer used the straight method to calculate the • Line 8, column M: For each taxable year on line SBT liability for that taxable year: calculated the 8, column I, multiply line 6, column C by line 8, credit rate on C-8000ITC, line 26 for that taxable column L. Enter results here. Match the taxable year, and enter the result here; year on line 8, column I with the taxable year on 2) Taxpayer used the excess compensation Worksheet 4a, line 4, column A, and carry amount reduction method to calculate the SBT liability from line 8, column M to Worksheet 4a, line 4, for that taxable year: calculate the credit rate on column E for each appropriated tax year line. C-8000ITC, line 26, for that taxable year; subtract • Method C: the percentage found on C-8000S, line 6, from Worksheet 4a, columns A through D: Fill column A, ○ 100%, and multiply the result of that subtraction by leave all others blank. and the calculated credit rate on C-8000ITC, line 26. Enter the result here. ○ Worksheet 4b, columns A and B: Leave lines blank. • Line 8, column J: Enter amount of ITC used ○ Worksheet 4a, Column E: Enter results from the provided by the webtool that corresponds to taxpayer’s own software of choice (that is, a non- each taxable year displayed on line 8, column I. Treasury Web tool) or the taxpayer’s own calculation Access the Michigan Department of Treasury that reflects the MBT statute. Retain records to (Treasury) Web tool by going to the Treasury site substantiate figures entered in the filed return. (www.michigan.gov/mbt4585tool ), and enter the necessary information as instructed. Calculation of SBT ITC Recapture Amounts column A, enter the corresponding SBT ITC effective rate To complete Worksheet follow 5, the instructions below: from Worksheet 4a, column E. Match the acquisition year in Worksheet 5, column A, with the corresponding acquisition Line 9, Column A: Enter in chronological order, beginning year Worksheet in 4a, column A. with the earliest, the tax year end date of each acquisition year disposed of assets that triggered SBT ITC recapture from Line 9, Column D: Multiply column by B column for C each Worksheets through 3a 3c. acquisition year. Line 9, Column B: Separately for each acquisition year Add up figures in each row of Worksheet 5, column D, and listed in column A, combine the corresponding amounts carry that amount Formto 4902, line 2. in Worksheet 3a, column F, Worksheet 3b, column F, and UBGs: Add up figures in each row of Worksheet 5, line 9, Worksheet 3c, column for B all disposed assets that triggered column D from every group member that has disposed assets SBT ITC recapture. that triggered SBT ITC recapture. Carry the sum allof years, Line 9, Column C: For each acquisition year listed in for all group members, formto 4902, line 2. Worksheet 5 — Calculation of SBT ITC Recapture Amounts 9. A B C D Total SBT ITC Recapture Base Taxable Year (End Date) by Year of Acquisition In Which Disposed Add amounts from Worksheet 3a, column F; Year-Specified Recapture Assets Were Acquired Worksheet 3b, column F; and Worksheet 3c, Percentage Rate from Recapture Amount (MM-DD-YYYY) column B Line 4, Column E Multiply Column B by Column C % % % 10. TOTAL. Enter total of line 9, column D. Carry total to Form 4902, line 2. If less than zero, enter zero. ....... 00 90 |