Michigan Department of Treasury 4567 (Rev. 04-22), Page 1 of 3 Check if this is an amended return. See instructions. 2022 MICHIGAN Business Tax Annual Return Issued under authority of Public Act 36 of 2007. MM-DD-YYYY MM-DD-YYYY 1. Return is for calendar year 2022 or for tax year beginning: and ending: 2. Taxpayer Name (print or type) 7. Federal Employer Identification Number (FEIN) or TR Number Doing Business As (DBA) 8. Organization Type (LLC or Trust, see instructions) C Corporation / Street Address Check if Individual LLC C Corporation new address. (See instructions) City State ZIP/Postal Code Country Code Fiduciary S Corporation / LLC S Corporation 3. Principal Business Activity 4. Business Start Date in Michigan Partnership / LLC Partnership 5. NAICS (North American Industry Classification System) Code 6. If Discontinued, Effective Date 9. Check if Filing Michigan Unitary Business Group Return. (Include Form 4580.) 10. Check if line 11 includes sales of transportation services. 11. Apportionment Calculation a. Michigan Sales (if no Michigan sales, enter zero) ................................................................. 11a. 00 b. Total Sales ............................................................................................................................. 11b. 00 c. Apportionment Percentage. Divide line 11a by line 11b ........................................................ 11c. % PART 1: MODIFIED GROSS RECEIPTS TAX 12. Gross Receipts (see instructions)...................................................................................................................... 12. 00 Subtractions from Gross Receipts 13. Inventory acquired during the tax year .............................................................................................................. 13. 00 14. Depreciable assets acquired during the tax year .............................................................................................. 14. 00 15. Materials and supplies not included in inventory or depreciable property ......................................................... 15. 00 16. Staffing Company: Compensation of personnel supplied to customers ............................................................ 16. 00 If claiming the Small Business Alternative Credit, skip to line 18. 17. Deduction for contractors in SIC Codes 15, 16 and 17 ..................................................................................... 17. 00 SIC Code: 18. Film rental or royalty payments paid by a theater owner to a film distributor and/or film producer ................... 18. 00 19. Qualified Affordable Housing Project (QAHP) Deduction a. Gross receipts attributable to residential rentals in Michigan ........... 19a. 00 b. Number of residential rent restricted units in Michigan owned by the QAHP ..................................................................................... 19b. c. Total number of residential rental units in MI owned by the QAHP .. 19c. d. Divide line 19b by line 19c and enter as a percentage .................... 19d. % e. Multiply line 19a by line 19d ............................................................. 19e. 00 f. Limited dividends or other distributions made to owners of the QAHP 19f. 00 g. QAHP Deduction. Subtract line 19f from line 19e ....................................................................................... 19g. 00 20. Payments made by taxpayers licensed under Article 25 or Article 26 of the Occupational Code to independent contractors licensed under Article 25 or Article 26 .................................................................... 20. 00 21. Miscellaneous (see instructions) ....................................................................................................................... 21. 00 22. Total Subtractions from Gross Receipts. Add lines 13 through 18 and 19g through 21 .................................... 22. 00 23. Modified Gross Receipts. Subtract line 22 from line 12. If less than zero, enter zero ....................................... 23. 00 24. Apportioned Modified Gross Receipts Tax Base. Multiply line 23 by percentage on line 11c ........................... 24. 00 25. Multiply line 24 by 0.8% (0.008) ....................................................................................................................... 25. 00 26. Enrichment Prohibition for dealers of personal watercraft or new motor vehicles. Enter amount collected during tax year ................................................................................................................................................... 26. 00 27. Modified Gross Receipts Tax Before All Credits. Enter the greater of line 25 or line 26 ............................. 27. 00 + 0000 2022 11 01 27 1 Continue on Page 2 |
2022 Form 4567, Page 2 of 3 FEIN or TR Number PART 2: BUSINESS INCOME TAX 28. Business Income. If negative, enter as negative. (If business activity protected under PL 86-272, complete and attach Form 4586 and/or 4581, as applicable; see instructions) ................................................................ 28. 00 Additions to Income 29. Interest income and dividends derived from obligations or securities of states other than Michigan ................. 29. 00 30. Taxes on or measured by net income ................................................................................................................ 30. 00 31. Tax imposed under MBT .................................................................................................................................... 31. 00 32. Any carryback or carryover of a federal net operating loss ................................................................................ 32. 00 33. Losses attributable to other flow-through entities that are taxed under the MBT ............................................... 33. 00 Account No. 34. Royalty, interest, and other expenses paid to a related person .......................................................................... 34. 00 35. Miscellaneous (see instructions) ....................................................................................................................... 35. 00 36. Total Additions to Income. Add lines 29 through 35........................................................................................... 36. 00 37. Business Income Tax Base After Additions. Add lines 28 and 36. If negative, enter as negative.............. 37. 00 Subtractions from Income 38. Dividends and royalties received from persons other than U.S. persons and foreign operating entities .......... 38. 00 39. Income attributable to other flow-through entities that are taxed under the MBT .............................................. 39. 00 Account No. 40. Interest income derived from United States obligations .................................................................................... 40. 00 41. Net earnings from self-employment. If less than zero, enter zero .................................................................... 41. 00 42. Miscellaneous (see instructions) ....................................................................................................................... 42. 00 43. Total Subtractions from Income. Add lines 38 through 42 ................................................................................ 43. 00 44. Business Income Tax Base. Subtract line 43 from line 37. If negative, enter as negative ..................................... 44. 00 45. Apportioned Business Income Tax Base. Multiply line 44 by percentage on line 11c ....................................... 45. 00 46. Available MBT business loss carryforward from previous MBT return. Enter as a positive number.................. 46. 00 47. Subtract line 46 from line 45. If negative, enter here as negative, skip line 48, and enter zero on line 49. A negative number here is the available business loss carryforward to the next MBT filing period (see instr.) ..... 47. 00 48. Qualified Affordable Housing Deduction. If line 47 is positive, complete lines 48a through 48i as follows: (1) If taking the QAHP deduction only, complete lines 48a through 48i. (UBGs, see instructions.) (2) If taking the seller’s deduction only, skip lines 48a through 48h and carry the amount from Form 4579, line 5, to line 48i. (3) If taking both deductions, complete the QAHP deduction calculation on lines 48a through 48h, and add to the total at line 48i the amount from Form 4579, line 5. a. Gross rental receipts attributable to residential units in Michigan ........................................................................................... 48a. 00 b. Rental expenses attributable to residential rental units in Michigan ... 48b. 00 c. Taxable income attributable to residential rental units. Subtract line 48b from line 48a .............................................................................. 48c. 00 d. Number of residential rent restricted units in Michigan owned by the Qualified Affordable Housing Project .......................................... 48d. e. Total number of residential rental units in Michigan owned by the Qualified Affordable Housing Project ................................................ 48e. f. Divide line 48d by line 48e and enter as a percentage..................... 48f. % g. Multiply line 48c by line 48f............................................................... 48g. 00 h. Limited dividends or other distributions made to the owners of the QAHP ......................................................................................... 48h. 00 i. Qualified Affordable Housing Deduction. Subtract line 48h from line 48g. (See instructions.) .................... 48i. 00 49. Subtract line 48i from line 47. If less than zero, enter zero ............................................................................... 49. 00 50. Business Income Tax Before All Credits. Multiply line 49 by 4.95% (0.0495)....................................................... 50. 00 + 0000 2022 11 02 27 9 Continue and sign on Page 3 |
2022 Form 4567, Page 3 of 3 FEIN or TR Number PART 3: TOTAL MICHIGAN BUSINESS TAX 51. Total Michigan Business Tax Before Credits. Add lines 27 and 50 ............................................................. 51. 00 52. The annual surcharge is no longer applicable. There is no amount to be entered on this line ......................... 52. X X X X X X X X X 00 53. Enter amount from line 51. If apportioned or allocated gross receipts are less than $350,000, enter zero ...... 53. 00 54. Nonrefundable credits from Form 4568, line 40 ................................................................................................ 54. 00 55. Total Tax After Nonrefundable Credits. Subtract line 54 from line 53. If less than zero, enter zero ............. 55. 00 56. Recapture of Certain Business Tax Credits and Deductions from Form 4587, line 13 ...................................... 56. 00 57. Total MBT Tax Liability. Add lines 55 and 56................................................................................................... 57. 00 58. Corporate Income Tax adjustment from Form 4946, line 39 ............................................................................. 58. 00 59. Total Tax Liability. Add lines 57 and 58 ........................................................................................................... 59. 00 PART 4: PAYMENTS, REFUNDABLE CREDITS AND TAX DUE 60. Overpayment credited from prior MBT return .................................................................................................... 60. 00 61. Estimated tax payments .................................................................................................................................... 61. 00 62. There is no amount to be entered on this line. Skip to line 63........................................................................... 62. X X X X X X X X X 00 63. Tax paid with request for extension ................................................................................................................... 63. 00 64. Refundable credits from Form 4574, line 23 ..................................................................................................... 64. 00 65. Payment and credit total. Add lines 60 through 64. (If not amending, then skip to line 67.) ............................. 65. 00 a. Payments made with original and/or amended returns 66a. 00 AMENDED b. Overpayment from original and/or amended returns . 66b. 00 66. RETURN ONLY c. Add lines 65 and 66a and subtract line 66b from the sum.............................................................. ........................................................ 66c. 00 67. TAX DUE. Subtract line 65 (or line 66c, if amending) from line 59. If less than zero, leave blank .................... 67. 00 68. Underpaid estimate penalty and interest from Form 4582, line 38 .................................................................... 68. 00 69. Annual return penalty (a) % = (b) 00 plus interest (c) 00 . Total ...... 69d. 00 70. PAYMENT DUE. If line 67 is blank, go to line 71. Otherwise, add lines 67, 68 and 69d .................................. 70. 00 PART 5: REFUND OR CREDIT FORWARD 71. Overpayment. Subtract lines 59, 68 and 69d from line 65 (or line 66c, if amending). If less than zero, leave blank (see instructions) ................................................................................................. 71. 00 72. CREDIT FORWARD. Amount on line 71 to be credited forward and used as an estimate for next tax year .... 72. 00 73. REFUND. Amount on line 71 to be refunded..................................................................................................... 73. 00 Taxpayer Certification. I declare under penalty of perjury that the information in this Preparer Certification. I declare under penalty of perjury that this return and attachments is true and complete to the best of my knowledge. return is based on all information of which I have any knowledge. Preparer’s PTIN, FEIN or SSN By checking this box, I authorize Treasury to discuss my return with my preparer. Authorized Signature for Tax Matters Preparer’s Business Name (print or type) Authorized Signer’s Name (print or type) Date Preparer’s Business Address and Telephone Number (print or type) Title Telephone Number Return is due April 30 or on or before the last day of the 4th month after the close of the tax year. WITHOUT PAYMENT. Mail return to: WITH PAYMENT. Pay amount on line 70. Mail check and return to: Michigan Department of Treasury, PO Box 30783, Lansing MI 48909 Michigan Department of Treasury, PO Box 30113, Lansing MI 48909 Make check payable to “State of Michigan.” Print taxpayer’s FEIN or TR Number, the tax year, and “MBT” on the front of the check. Do not staple the check to the return. + 0000 2022 11 03 27 7 |
Instructions for Form 4567 Michigan Business Tax (MBT) Annual Return of the DM. Purpose To calculate the Modified Gross Receipts Tax and Business NOTE on Designated Members: If the UBG filed MBT in Income Tax for standard taxpayers. Insurance companies 2011 and elected to file MBT in 2012, then the UBG must use should file the MBT Insurance Company Annual Return for the same DM if the DM still has nexus and is still a member of Michigan Business and Retaliatory Taxes (Form 4588) and the UBG in 2012. If the DM no longer has nexus or is no longer Financial Institutions should file the MBT Annual Return for a member of the UBG, then the UBG must select a new DM. Financial Institutions (Form 4590). See the “Supplemental Instructions for Standard Members in UBGs” in Form 4600 for the rules on selecting anew DM. NOTE: Beginning January 1, 2012, only those taxpayers with a certificated credit, which is awarded but not yet fully claimed NOTE on Certificated Credits and the UBG: If a member or utilized, may elect to be MBT taxpayers. If a taxpayer files of a UBG holds a certificated credit and wishes to claim that an MBT return and claims a certificated credit, the taxpayer credit then the entire UBG, and not only the member, must makes the election to continue to file and pay under the MBT make the election to remain taxable under the MBT. The UBG until the certificated credit and any carryforward of that credit must file and pay under the MBT until the certificated credit are exhausted. and any carryforward of that credit are extinguished. For MBT, taxpayer means a person or a UBG liable for tax, Special Instructions for Unitary Business Groups interest, or penalty. Beginning January 1, 2012, only those AUnitary Business Group (UBG) is a group of United States taxpayers with a certificated credit, which is awarded but not persons, other than a foreign operating entity, that satisfies the yet fully claimed or utilized, may elect to be MBT taxpayers. following criteria: If a taxpayer files an MBT return and claims a certificated credit, the taxpayer makes the election to file and pay under the • One of the persons owns or controls, directly or indirectly, MBT until the certificated credit and any carryforward of that more than 50 percent of the ownership interest with voting credit are exhausted. rights (or rights comparable to voting rights) of the other United States persons; AND For more information on UBGs, see the instructions for the • The UBG has operations which result in a flow of value MBT Unitary Business Group Combined Filing Schedule between persons in the UBG or has operations that are (Form 4580), and the “Supplemental Instructions for Standard integrated with, are dependent upon, or contribute to each Members in UBGs” in the MBT Forms and Instructions for other. Flow of value is determined by reviewing the totality Standard Taxpayers (Form 4600). of facts and circumstances of business activities and The gross receipts of a UBG is the sum of the gross receipts operations. of each person included in the UBG, other than a foreign For more information on the control and relationship tests for operating entity or a person subject to the tax as an insurance UBGs, see Revenue Administrative Bulletin (RAB) 2010-1 company or financial institution, less any gross receipts arising Michigan Business Tax-Unitary Business Group Control Test from transactions between persons included in the UBG. Gross and RAB 2010-2 Michigan Business Tax-Unitary Business receipts of each member should reflect the accounting method Group Relationship Tests on the Department of Treasury Web that member used to compute its federal taxable income. site at www.michigan.gov/taxes . (Click on the “Reference business income of a UBG is the sum of the business The Library” link on the left side of the page.) of each person included in the UBG, other than a income Aforeign operating entity means a United States person foreign operating entity or a person subject to the tax as an that would otherwise be a part of a UBG that is taxable in insurance company or financial institution, less any items Michigan; has substantial operations outside the United States, of income and related deductions arising from transactions, the District of Columbia, any territory or possession of the including dividends, between persons included in the UBG. United States except for the commonwealth of Puerto Rico, or Business income of each member should reflect the accounting a political subdivision of the foregoing; and at least 80 percent method that member used to compute its federal taxable of its income is active foreign business income as defined in income. Internal Revenue Code (IRC) § 871(l)(1)(B)(ii). In general, phase-ins, thresholds, credit limits, and other In Michigan, a UBG with standard members must file Form components used to determine tax liability relate to the group 4567. A Designated Member (DM) must file the return on as a single taxpayer, not to individual persons that comprise the behalf of the standard members of the group. In a parent- group. Exceptions to this general rule are noted in instructions subsidiary controlled group, the controlling member must serve to the applicable forms. The group of persons on the combined as DM if it has nexus with Michigan. If it does not have nexus, return is treated as the taxpayer (a distinct entity) for purposes the controlling member may appoint any member with nexus of the MBT Act. to serve as DM. The tax year of the DM determines the filing period for the UBG. The combined return must include each Taxpayer Certification tax year of each member that ends with or within the tax year A return filed by a UBG must be signed by an individual 15 |
authorized to sign on behalf of the DM. Provide a telephone Revenue Service (IRS) audit document, if applicable. Include number for that individual at the DM’s office. all forms filed with the original return, even if not amending each form. Enter the figures on the amended return as they General Instructions should be. Dates must be entered in MM-DD-YYYY format. Do not include a copy of the original return with the For periods less than 12 months, see the “General Information amended return. for Standard Taxpayers” section in Form 4600. NOTE: A taxpayer may not amend a return to revoke the election to remain taxable under the MBT. Once the taxpayer A person that is a disregarded entity for federal income tax makes a valid election to claim a certificated credit, the purposes under the internal revenue code shall be classified as taxpayer must remain in the MBT until the credit and any a disregarded entity for the purposes of filing the MBT annual carryforward of that credit are exhausted. return. Refund Only: If apportioned or allocated gross receipts are A taxpayer, other than a UBG, that does not file a separate less than $350,000 and there is no recapture, and the taxpayer federal return must prepare a pro forma federal return or is filing Form 4567 to claim a refund of estimates paid, skip equivalent schedule and use it as the basis for preparing its 13 through 57 and lines 64 through 67. lines MBT return. For standard members of a UBG, this pro forma requirement is addressed in Form 4580, Part 2A, and its UBGs: If combined apportioned or allocated gross receipts of instructions. all members (before eliminations) are less than $350,000 and there is no recapture, and the taxpayer is filing Form 4567 UBGs: Complete Form 4580 before beginning Form 4567. solely to claim a refund of estimates paid, Form 4580 must also Answer lines 1 through 8 of Form 4567 as they apply to the be included. The designated member must complete Part 1A, DM. Part 2B (skip lines 18 through 65), Part 3, and Part 4 of Form MBT Liability: Beginning January 1, 2012, a taxpayer 4580. For each member listed in Part 1A, complete Part 1B and calculates MBT liability as the greater of MBT liability after 2A (skip lines 18 through 65). See Form 4567 for instructions all credits, deductions, and exemptions or hypothetical CIT on completing that form. liability minus deductions and credits available under that act and minus certificated credits allowed under the MBT. Simplified Calculation This calculation of liability requires a taxpayer to calculate the “2015 General Information for Standard Taxpayers” See in the business income and modified gross receipts tax bases the Michigan Business Tax for Standard Taxpayers and available MBT credits, including certificated credits, 4600) for instructions on “Computing the Simplified (Form deductions, and exemptions available under the MBT. Then, for eligible taxpayers. Calculation” the taxpayer will calculate the CIT comparison on the Schedule of Corporate Income Tax Liability (Form 4946). A taxpayer is Line-by-Line Instructions permitted to reduce hypothetical CIT liability by all deductions and credits which would be allowed under that tax as well as Lines not listed are explained on the form. the amount of certificated credit allowed under the MBT. The Line 1: If not a calendar-year taxpayer, enter the beginning amount of certificated credit allowed under the MBT is the and ending dates (MM-DD-YYYY) that correspond to the amount of nonrefundable credit needed to offset MBT liability taxable period as reported to the IRS. or the entire amount of a refundable credit. Tax year means the calendar year, or the fiscal year ending If the taxpayer’s hypothetical CIT liability would be higher during the calendar year, upon the basis whichof the tax base than its MBT liability, the taxpayer will add the difference of a taxpayer is computed. If a return is made for a part of a to MBT liability on line 58 of Form 4567. This is the CIT year, tax year means the period for which the return is made. adjustment. If the result of both steps of the calculation is a Generally, a taxpayer’s tax year is for the same period as is negative number, the taxpayer will receive a refund of the covered federalby its income tax return. lower negative; but a nonrefundable credit cannot be used to reduce liability below zero. Remaining nonrefundable Line 2: Enter the complete address and, if other than the certificated credit may be carried forward to succeeding tax United States, enter the two-digit abbreviation for the country years. code. See the list of country codes in MBT Forms and Instructions for Standard Taxpayers (Form 4600). For purposes of this calculation: For a Partnership or S Corporation, business income includes payments and items Any correspondence regarding the return filed and/or refund of income and expense attributable to the business activity of will be sent to the address used here. Check the new address the partnership or S corporation and separately reported to the box if the address used on this line has changed from the last members. filing. The taxpayer’s primary address in the Department of Treasury (Treasury) files, identified as the legal address and Amended Returns: To amend a current or prior year annual used for all purposes other than refund and correspondence return, complete the Form 4567 that is applicable for that year, on a specific MBT return, will not change until the customer check the box in the upper-right corner of the return, and attach specifically makes the change on their Michigan Treasury a separate sheet explaining the reason for the changes. Include Online (MTO) account. Visit michigan.gov/mtobusiness for an amended federal return or a signed and dated Internal 16 |
more information. tax purposes, including a single member LLC or Q-Sub, must file as if it were a sole proprietorship if owned by an individual, UBGs: In the Name field, enter the name of the DM for the or a branch or division if owned by another business entity. standard members of this UBG. Line 3: Enter a brief description of business activity (e.g., Line 9: Check this box if filing a Michigan UBG return and include a Form 4580 for each member of the UBG included in forestry, fisheries, mining, construction, manufacturing, this filing. transportation, communication, electric, gas, sanitary services, wholesale trade, retail trade, finance, or services, etc.). Line 10: Check this box if the taxpayer has sales that are receipts from transportation services. Taxpayers that check Line 4: Enter the start date of first business activity in Michigan. this box also must complete lines 11a, 11b, and 11c. To Line 5: Enter the entity’s six-digit North American Industry calculate Michigan Sales from Transportation Services, see the Classification System (NAICS) code. For a complete list of instructions for line 11 and the table in the “Sourcing of Sales six-digit NAICS codes, see the U.S. Census Bureau Web site to Michigan” section of these instructions. at www.census.gov/eos/www/naics/, or enter the same NAICS code used when filing the entity’s U.S. Form 1120, Schedule K; Line 11: For a Michigan-based taxpayer, all sales are Michigan sales unless the taxpayer is subject to tax in U.S. Form 1120S; U.S. Form 1065; or U.S. Form 1040, another state. A taxpayer will be deemed subject to a tax in Schedule C. another state if the taxpayer has due process and commerce Line 6: Enter the date, if applicable, on which the taxpayer clause nexus with that state. In that state, the taxpayer must went out of existence. If the taxpayer is still subject to another be subject to a business privilege tax, a net income tax, a tax administered by Treasury, or continues to exist but has franchise tax measured by net income, a franchise tax for stopped doing business in Michigan, do not use this line. Also, the privilege of doing business, a Corporation stock tax, or do not use this line if the taxpayer is a UBG and one member a tax of the type imposed under the MBT Act, or that state has stopped doing business. has jurisdiction to subject the taxpayer to one or more of such taxes regardless of whether or not the tax is imposed. A discontinuance may be processed by updating the account by using the Michigan Treasury Online (MTO) website. Visit If Michigan no sales, enter zero. michigan.gov/mtobusiness for more information. MBT is based only on business activity apportioned to Line 7: Use the taxpayer’s Federal Employer Identification Michigan. A taxpayer that has not established nexus with one Number (FEIN) or the Michigan Treasury (TR) assigned other state or a foreign country is subject to MBT on their number. Be sure to use the same account number on all forms. entire business activity. Business activity is apportioned to Michigan based on sales. If the taxpayer does not have an FEIN or TR number, the taxpayer must register before filing this form. Sale or Sales means the amounts received by the taxpayer as Taxpayers are encouraged to register online at consideration from the following: www.michigan.gov/mtobusiness . Click on the quick link “New • The transfer of title to, or possession of, property that is Business” for information on how to obtain a FEIN, which is stock in trade or other property of a kind which would required to submit a return through e-file. Taxpayers usually properly be included in the inventory of the taxpayer if on can obtain an FEIN from the IRS within 48 hours. Taxpayers hand at the close of the tax period, or property held by the registering with the State online usually receive an account taxpayer primarily for sale to customers in the ordinary number within seven days. course of its trade or business. For intangible property, the Returns received without a registered account number will not amounts received will be limited to any gain received from be processed until such time as a number is provided. the disposition of that property. NOTE: TR numbers are generally assigned to accounts that • Performance of services which constitute business activities. have not acquired an FEIN. Once an FEIN is received, Treasury • The rental, leasing, licensing, or use of tangible or will use the FEIN as the account number, if provided. To intangible property, including interest, that constitutes change account numbers, a taxpayer should submit Form 163 business activity. so Treasury can update the records and make sure the account • Any combination of business activities described above. numbers are linked. • For taxpayers not engaged in any other business activities, sales UBGs: Enter the FEIN or TR Number of the DM for the include interest, dividends, and other income from investment standard members of this UBG. assets and activities and from trading assets and activities. Line 8: Check the box that describes the DM’s organization Complete the Apportionment Calculation using amounts for type. A Trust or a Limited Liability Company (LLC) should the taxpayer’s business activity only. Do not include amounts check the appropriate box based on its federal return. from an interest in a Partnership, S Corporation, or LLC. NOTE: A person that is a disregarded entity for federal income Use the information in the “Sourcing of Sales to Michigan” tax purposes under the internal revenue code shall be classified section of these instructions to determine Michigan sales. If as a disregarded entity for the purposes of filing the MBT sales reported are adjusted by a deduction for qualified sales to annual return. This means that a disregarded entity for federal a qualified customer, as determined by the Michigan Economic 17 |
Growth Authority (MEGA), attach the Anchor District Tax most instances. Taxpayers and tax professionals are expected to Credit Certificate or Anchor Jobs Tax Credit Certificate from be familiar with uncommon situations within their experience, the Michigan Economic Development Corporation (MEDC) as which produce gross receipts not identified by specific lines support. on Worksheet 4700, and report that amount on the most For sales from the performance of services, see RAB 2010-5, appropriate line. Treasury may adjust the figure resulting “Michigan Business Tax Where Benefit of Services is Received,” from the worksheet to account properly for such uncommon on the Treasury Web site at www.michigan.gov/treasury/ , situations. under “Reports and Legal Resources.” A taxpayer should compute its gross receipts using the same For transportation services that source sales based on revenue accounting method used in the computation of its net income miles, enter a sales amount on Line 11a by multiplying total for federal income tax purposes. sales of the transportation service by the ratio of Michigan Producers of Agricultural Goods: The total gross receipts revenue miles over revenue miles everywhere as provided from all business activity must be reported on line 12, in the “Sourcing of Sales to Michigan” chart for that type of including the gross receipts from agricultural activity of a transportation service. Revenue mile means the transportation person whose primary activity is the production of agricultural for a consideration of one net ton in weight or one passenger goods. A subtraction is allowed on line 21 for the gross the distance of one mile. receipts that have been included on this line that are from the NOTE: Only transportation services are sourced using revenue agricultural activity of a person whose primary activity is the miles. To the extent the taxpayer has business activities or production of agricultural goods. revenue streams not from transportation services, those The total gross Producers of Oil or Gas, and Minerals: receipts should be sourced accordingly. from all business activity must be reported on line 12, receipts PART 1: MODIFIED GROSS RECEIPTS TAX including the gross receipts from the production of oil and gas Line 12: Gross receipts means the entire amount received by even if this activity is subject to the Severance Tax on Oil or the taxpayer, as determined by using the taxpayer’s method of Gas, and Minerals, 1929 PA 48. A subtraction is allowed on accounting for federal income tax purposes, from any activity, line 21 for the gross receipts that have been included on this whether in intrastate, interstate, or foreign commerce, carried out line that are from the production of oil and gas that are subject for direct indirect or gain, benefit oradvantage to the taxpayer or to the Severance Tax on Oil or Gas, and Minerals. to others, with certain exceptions. Line 13: Enter inventory acquired during the tax year, Calculation ofgross receipts also involves a deduction of any including freight, shipping, delivery, or engineering charges amount deducted as bad debt for federal income tax purposes included in the original contract price for that inventory, and that corresponds to items of gross receipts included in the any pre-paid sales tax required to be paid on the inventory at the modified gross receipts tax base for the current tax year or time of purchase. Neither pre-paid sales tax, nor the sales tax past tax years. This reduction isreflected in the Gross Receipts collected upon resale of that inventory is excluded from gross Worksheet (Worksheet 4700) discussed below. Receipts include, receipts calculated on Worksheet 4700. This must be reported but are not limited to: on line 12 of Form 4567. • Some allor receipts (sales proceeds) from the sale assetsof Inventory means the stock of goods, including electricity and used ina business activity. natural gas, held for resale in the ordinary course of a retail • Sale products.of or wholesale business, and finished goods, goods in process • Services performed. of a manufacturer, and raw materials purchased from another person. Inventory also includes shipping and engineering • Gratuities stipulated on a bill. charges so long as such charges are included in the original • Sales tax collected on the sale tangibleof personal property, contract price for the associated inventory and floor plan subject to a phase-out schedule. interest for licensed new car dealers. • Dividend and interest income. For purposes of this deduction, floor plan interest means • Gross commissions earned. interest paid that finances any part of the person’s purchase of • Rents. new motor vehicle inventory from a manufacturer, distributor, • Royalties. or supplier. However, amounts attributable to any invoiced • Sales of scrap and other similar items. items used to provide more favorable floor plan assistance to a person subject to the tax imposed under this act than to a • Client reimbursed expenses not obtained in an agency capacity. person not subject to this tax are considered interest paid by a • Gross proceeds from sales between affiliated companies, manufacturer, distributor, or supplier. including members of a UBG. For a person that is a securities trader, broker, or dealer or a Use Worksheet 4700, in Form 4600, to calculate gross receipts. person included in the UBG of that securities trader, broker, or dealer that buys and sells for its own account, inventory Attach the worksheet to the return. Gross receipts are not contracts that are subject to the Commodity includes necessarily derived from the federal return, however, the Act, 7 USC 1 to 27f; the cost of securities as Exchange worksheet will calculate gross receipts as defined by law in under IRC § 475(c)(2); and for a securities trader, the defined 18 |
cost of commodities as defined under IRC § 475(e)(2); and for calculating total income on the taxpayer’s federal income tax a broker or dealer, the cost of commodities as defined under return. IRC § 475(e)(2)(b), (c), and (d), excluding interest expense other than interest expense related to repurchase agreements. UBGs: This subtraction is only available to a member of the UBG if the group does not claim the SBAC for the tax year. As used in this provision: However, for purposes of the SIC code requirement, it is • Broker and dealer mean those terms as defined under sufficient that the UBG member that made the payments listed section 78c(a)(4) and (a)(5) of the Securities Exchange Act of above be included in SIC codes 15, 16, or 17. Therefore, the 1934, 15 USC 78c. relevant SIC code is entered in the member’s page of Form • Securities trader means a person that engages in the trade or 4580 (Part 2A, Line 22), and the SIC code field on Form 4567 business of purchasing and selling investments and trading should be left blank by a UBG. assets. Persons included in SIC codes 15, 16, and 17 include Inventory does not include any of the following: general contractors (of residential buildings including single-family homes; industrial, commercial, and • Personal property under lease or principally intended for institutional buildings; bridges, roads, and infrastructure, lease rather than sale. etc.); operative builders; and trade contractors (such • Property allowed a deduction or allowance for depreciation as electricians, plumbers, painters, masons, etc.). See or depletion under the IRC. http://www.osha.gov/pls/imis/sic_manual.html for a more complete list. • Labor costs. Asubcontractor is an Individual or entity that enters into a Line 14: Enter assets purchased from other firms, including contract and assumes some or all of the obligations of a person the costs of fabrication and installation, acquired during the tax included in SIC codes 15, 16, and 17 as set forth in the primary year of a type that are, or under the IRC will become, eligible contract specific to a project. Thus, payments made to an for depreciation, amortization, or accelerated capital cost independent contractor to provide general labor services to the recovery for federal income tax purposes. contractor not specific to a particular contract do not constitute purchases from other firms. However, payments made to a Line 15: To the extent not included in inventory or depreciable subcontractor for services and materials provided under a property, enter materials and supplies, including repair parts contract specific to a particular construction project (such as and fuel. the construction of commercial property on Main Street) do Materials and supplies means tangible personal property constitute purchases from other firms. There is no limitation or purchased in the tax year that are ordinary and necessary condition that the subcontractors to whom such payments are expenses to be used in carrying on a trade or business .made be licensed. Materials and supplies includes repair parts and fuel. Fuel The taxpayer bears the burden to prove it is entitled to a means materials used and consumed to produce heat or power deduction in computing its tax liability. It is presumed that by burning. Fuel does not include electricity. good business practice would include documentation such as Line 16: A staffing company may deduct compensation of a written contract that would support a deduction from gross personnel supplied to its clients, including wages, benefits, receipts for payments to subcontractors as purchases from workers’ compensation costs, and all payroll taxes paid for other firms. The supporting information for payments to a personnel provided to the clients of staffing companies as subcontractor could be incorporated into the contract for the defined under MBT. Staffing company means a taxpayer whose specific project or memorialized in a separate contract with business activities are included in Industry Group 736 under a subcontractor specifying the project to which the costs the Standard Industrial Classification (SIC) Code as compiled pertain. by the United States Department of Labor. 18: Enter film rental or royalty payments paid by a Line Payments to a staffing company by a client do not constitute theater owner to a film distributor, a film producer, or a film purchases from other firms. distributor and producer. Line 17: For taxpayers that fall under SIC major groups 15 Line 19: Enter any deduction available to a Qualified Affordable Housing Project (QAHP). (Building Construction General Contractors and Operative Builders), 16 (Heavy Construction Other Than Building Public Act (PA) 168 of 2008 provides for a deduction from the Construction Contractors), and 17 (Construction Special Trade modified gross receipts and apportioned business income tax Contractors) and do not claim the Small Business Alternative bases for aQualified Affordable Housing Project. Credit (SBAC) under MCL 208.1417, the following payments Qualified Affordable Housing Project means a person that are considered purchases from other firms: is organized, qualified, and operated as a limited dividend • Payments to subcontractors for a construction project under housing association that has a limitation on the amount of a contract specific to that project, and dividends or other distributions that may be distributed to its • To the extent not deducted as inventory and materials and owners in any given year and has received funding, subsidies, supplies, payments for materials deducted as purchases grants, operating support, or construction or permanent in determining the cost of goods sold for the purpose of funding through one or more public sources. 19 |
Alimited dividend housing association is organized and Therefore, the entire amount of Modified Gross Receipts Tax qualified pursuant to Chapter 7 of the State Housing stated and collected by new motor vehicle dealers and new or Development Authority Act (MCL 125.1491 et seq). used personal watercraft dealers must be remitted to Treasury. There should be no instance where a dealer would be collecting If these criteria are satisfied, a Qualified Affordable Housing amounts of Modified Gross Receipts Tax from customers in Project may deduct its gross receipts attributable to the excess of the amount of taxes remitted to Treasury. Taxpayers residential rental units in Michigan it owns multiplied by who elect to separately collect the Modified Gross Receipts a fraction, the numerator of which is the number of rent Tax, in addition to sales price, under MCL 208.1203(5) may file restricted units in Michigan owned by that Qualified and remit the tax as estimated payments with their Corporate Affordable Housing Project and the denominator of which is Income Tax Quarterly Return (Form 4913). the number of all residential rental units in Michigan owned by the project. This deduction is reduced by the amount of limited NOTE: Only new motor vehicle dealers and dealers of new or dividends or other distributions made to the owners of the used personal watercraft are permitted to separately itemize project. Amounts received by the management, construction, and collect a tax imposed under the MBT Act from customers or development company for completion and operation of the in addition to sales price, and that authority is limited to only project and rental units do not constitute gross receipts for the Modified Gross Receipts Tax imposed and levied under purposes of the deduction. Section 203 of the MBT Act. The statute does not authorize separate itemizing and collection of the Business Income Tax MCL 208.1201(8) governs the termination of this deduction. by any taxpayer. UBGs: Leave lines 19a through 19f blank and carry the amount from Form 4580, Part 2B, line 24g, column C, to Form UBGs: Add the combined total after eliminations from Form 4580, Part 2B, line 29, column C, to the number on Form 4567, 4567, line 19g. line 25, and enter the sum on line 26. Line 20: Enter payments made by taxpayers licensed under Article 25 (Real Estate Brokers and Salespersons) or Article NOTE: For a UBG in which no member charged MGR (Modified Gross Receipts) tax as an invoice item, line 26 26 (Real Estate Appraisers) of the Occupational Code [MCL should match line 25. For a UBG in which one or more 339.2501 to 339.2518 and 339.2601 to 339.2637] to independent members charged MGR tax as an invoice item and overcharged contractors licensed under Articles 25 or 26. (on a member-by-member basis) for the year, line 26 will be Line 21: There are three items that qualify for entry on this larger than line 25 by the combined amount of the members’ line. If more than one type applies, enter the combined total as pro forma overcharges. a single amount. A) For a person classified under the 2002 North American PART 2: BUSINESS INCOME TAX Industrial Classification System (NAICS) Number 484, as If business activity is protected under Public Law (PL) 86-272, compiled by the United States Office of Management and complete and include the MBT Schedule of Business Activity Budget, that does not qualify for a credit under Section Protected Under Public Law 86-272 (Form 4586). Leave lines 417, enter the payment, made on or after July 12, 2011, to 28 through 50 blank. subcontractors to transport freight by motor vehicle under a contract specific to that freight to be transported by motor UBGs: If business activity of a UBG member is protected under PL 86-272, that member must claim protection by filing vehicle. Attach a letter to explain the activity that qualifies Form 4586 (if that member is the DM) or Form 4581 (if a non- for this subtraction and the date of the payment. Include designated member). Report only the activities of the member the NAICS code. named on that form. If all members of the UBG are claiming B) Enter on this line the gross receipts included on line PL 86-272 protection, then the UBG will leave lines 28 12, which result from the agricultural activity of a person through 50 blank. So long as one member of a UBG has nexus whose primary activity (i.e., more than 50 percent of gross with Michigan and exceeds the protections of PL 86-272, all receipts) is the production of agricultural goods. members of the UBG — including members protected under PL 86-272 — must be included when calculating the UBG’s C) Enter on this line the gross receipts included on line 12 Business Income Tax base and apportionment formula. PL 86- which result from the production of oil or gas, and minerals 272 will only remove business income from the apportionable if that production of oil or gas, and minerals is subject to the Business Income Tax base when all members of the UBG are Severance Tax on Oil or Gas, 1929 PA 48. protected under PL 86-272. Line 26: Enter the amount of MBT Modified Gross Receipts Tax collected in the tax year. Line Business income 28: means that part of federal taxable income derived from business activity. For MBT purposes, Section 203(5) of the MBT Act permits new motor vehicle federal taxable income means taxable income as defined by IRC dealers licensed under the Michigan Vehicle Code, § 63, except that federal taxable income shall be calculated as if PA 300 of 1949, MCL 257.1 to 257.923, and dealers of new or IRC § 168(k) [as applied to qualified property placed in service used personal watercraft to collect the Modified Gross Receipts after December 31, 2007] and IRC § 199 were not in effect. For Tax in addition to the sales price. The act states the “amount a Partnership or S Corporation (or LLC federally taxed as such), remitted to the Department for the [Modified Gross Receipts business income includes payments and items of income and Tax] ... shall not be less than the stated and collected amount.” expense that are attributable to business activity of the 20 |
Partnership or S Corporation and separately reported to the to that individual, or a common trust established under the partners or shareholders. Collective Investment Funds Act of 1941, is not included in the Business Income Tax base. This exclusion only applies to the Use the Business Income Worksheet (Worksheet 4746), in specific types of taxpayers identified above. Investment income Form 4600, to calculate business income. Attach the worksheet and any other types of income earned or received by all other to the return. The worksheet will calculate business income types of persons or taxpayers not specifically referenced must be as defined by law in most instances. Taxpayers and tax included in the business income of the taxpayer. professionals are expected to be familiar with uncommon situations within their experience, which produce business Additions to Income income not identified by specific lines on the worksheet, and Additions are generally required to the extent deducted in report that amount on the most appropriate line. Treasury may arriving at federal taxable income. (Business income, line 28.) adjust the figure resulting from Worksheet 4746 to account properly for such uncommon situations. Line 29: Enter any interest income and dividends from bonds and similar obligations or securities of states other than For an organization that is a mutual or cooperative electric Michigan and their political subdivisions in the same amount company exempt under IRC § 501(c)(12), business income that was excluded from federal taxable income (as defined for equals the organization’s excess or deficiency of revenues MBT purposes). Reduce this addition by any expenses related over expenses as reported to the federal government by those to the foregoing income that were disallowed on the federal organizations exempt from the federal income tax under the return by IRC § 265 or 291. IRC, less capital credits paid to members of that organization, less income attributed to equity in another organization’s net Line 30: Enter all taxes on, or measured by, net income income, and less income resulting from a charge approved including city and state taxes, Foreign Income Tax, and Federal by a state or federal regulatory agency that is restricted for Environmental Tax claimed as a deduction on the federal return. a specified purpose and refundable if it is not used for the Line 31: Enter the Michigan Business Tax, including specified purpose. surcharge, claimed as a deduction on the federal return. For a tax-exempt person, business income means only that Line 32: Enter any net operating loss carryback or carryover part of federal taxable income (as defined for MBT purposes) that was deducted in arriving at federal taxable income (as derived from unrelated business activity. defined for MBT purposes) reported on line 28. Enter this For an Individual or an Estate, or for a Partnership or Trust amount as a positive number. organized for estate or gift planning purposes, business income Line 33: Enter any losses included in federal taxable income is that part of federal taxable income (as defined for MBT (as defined for MBT purposes) that are attributable to other purposes) derived from transactions, activities, and sources in entities that have made a valid election to file under the MBT the regular course of the person’s trade or business, including and have filed under the MBT. If there is only one such entity the following: to report, enter its FEIN or TR number in the field on this • All income from tangible and intangible property if the form. If there is more than one such entity to report, enter acquisition, rental, lease, management, or disposition of the on the form the FEIN or TR number of one of the entities property constitutes integral parts of the person’s regular and attach a list of the account numbers of all. On the list trade or business operations. include a breakdown of the amount of this loss add-back that • Gains or losses incurred in the taxpayer’s trade or business is attributable to each entity. In any case, the amount on line from stock and securities of any foreign or domestic 33 should be the total of all losses, not just the loss of the one corporation and dividend and interest income. entity identified on the form. • Income derived from isolated sales, leases, assignments, UBGs: It is not necessary to attach a list of entities in licenses, divisions, or other infrequently occurring connection with this line item because all entities for which dispositions, transfers, or transactions involving tangible, a loss add-back is being reported have been identified on the intangible, or real property if the property is or was used in corresponding line of Form 4580, or a similar list required as the person’s trade or business operation. an attachment to Form 4580. • Income derived from the sale of an interest in a business that Line 34: Enter any royalty, interest, or other expense paid to constitutes an integral part of the person;’s regular trade or a person related to the taxpayer by ownership or control for business. the use of an intangible asset if the person is not included in the taxpayer’s UBG. Royalty, interest, or other expense • Income derived from the lease or rental of real property described here is not required to be included if the taxpayer NOTE: Personal investment income, gains from the sale of can demonstrate that the transaction has a nontax business property held for personal use and enjoyment, or other assets not purpose other than avoidance of this tax, is conducted with used in a trade or business, and any other income not specifically arm’s-length pricing and rates and terms as applied in derived from a trade or business that is earned, received, or accordance with IRC § 482 and 1274(d), and satisfies one of otherwise acquired by an Individual, an Estate, or a Trust or the following: Partnership organized or established for estate or gift planning • Is a pass-through of another transaction between a third purposes, a person organized exclusively to conduct investment party and the related person with comparable rates and activity solely for a third party individual or a person related 21 |
terms. A) For tax years that begin after December 31, 2009, to • Results in double taxation. For this purpose, double the extent included in federal taxable income, deduct taxation exists if the transaction is subject to tax in another the amount of a charitable contribution made to the jurisdiction. Advance Tuition Payment fund created under section 9 of the Michigan Education Trust Act, PA 316 of 1986, • Is unreasonable as determined by Treasury, and the taxpayer MCL 390.1429. This is deductible only to the extent that agrees that the addition would be unreasonable based on the taxpayer’s facts and circumstances. NOT federally contribution was deductible. • The related person (recipient of the transaction) is organized B) Eligible licensed marihuana trades or businesses may under the laws of a foreign nation which has in force a subtract ordinary and necessary expenses paid or incurred comprehensive income tax treaty with the United States. during the tax year that would be allowed if section 280E of the internal revenue code were not in effect. Under Line 35: There currently are no additions required that are the Michigan Regulation and Taxation of Marihuana Act recorded on this line. Leave this line blank. (which allows for what is often referred to as “recreational” or “adult use” marihuana), a marihuana establishment Subtractions from Income licensed under that act is allowed a deduction from Subtractions are generally available to the extent included in Michigan income tax for certain expenses not allowed in arriving at federal taxable income (Business Income, line 28). arriving at federal taxable income. IRC 280E prohibits a deduction for any amount paid or incurred in carrying on Line 38: Enter any dividends and royalties received from a trade or business that consists of trafficking in Schedule persons other than United States persons and foreign operating I and II controlled substances (e.g., marihuana). However, entities, including, but not limited to, amounts determined the IRC is also structured to recognize the cost of goods under IRC § 78 or IRC § 951 to 965. sold before reaching gross profit, regardless whether taxpayer is in the business of trafficking in marihuana. NOTE: To the extent deducted in arriving at federal taxable Therefore, any expenses related to cost of goods sold (and income, any deduction under IRC 250(a)(1)(B) should be added any other expenses already allowed in reaching federal back on this line (i.e., netted against subtractions made on this taxable income) may not be subtracted from the Michigan line). base. Line 39: Enter any income included in federal taxable income (as defined for MBT purposes) that are attributable to other entities C) Enter the Book-Tax deduction to the extent available. that have made a valid election to file under the MBT and have The deduction is only available to a taxpayer that reported a Book-Tax amount on Form 4593 with an original 2008 filed under the MBT. If there is only one such entity to report, enter its FEIN or TR number in the field on this form. If there is MBT annual return. more than one such entity to report, enter on the form the FEIN or The Book-Tax deduction is calculated as follows: TR number of one of the entities and attach a list of the account numbers of all. On the list include a breakdown of the amount of 1) Total of amount reported on Column C of Form 4593 this income subtraction that is attributable to each entity. In any with the original 2008 MBT annual return. (For UBGs , case, the amount on line 39 should be the total of all income, not compute the sum of the amounts reported by all current just the income of the one entity identified on the form. members of the group who filed Form 4593.) UBGs: It is not necessary to attach a list of entities in 2) Calculate the amount needed to offset the net deferred connection with this line item because all entities for which an tax liability of the taxpayer which results from the income subtraction is being reported have been identified on imposition of the business income tax, at a rate of 4.95%, the corresponding line of Form 4580, or a similar list required and the modified gross receipts tax, at a rate of 0.8%, as an attachment to Form 4580. calculated for the first fiscal period ending after July 12, 2007. Line 40: To the extent included in federal taxable income (as defined for MBT purposes), deduct interest income derived 3) Take the lesser of the result of (1) or (2). from United States obligations. 4) Report on this line 4% of the result of step 3. The Line 41: To the extent included in federal taxable income (as remaining percentage of the amount from step 3 will be defined for MBT purposes), deduct any earnings that are net deductible in future years. earnings from self-employment as defined under IRC § 1402 A taxpayer claiming the Book-Tax deduction must maintain of the taxpayer, or a partner or LLC member of the taxpayer. The amount deducted shall be the amount properly reported records and work papers necessary to support the calculation on a schedule K-1-form 1065 as self-employment earnings for and journal entry identified for the same length of time that the federal income tax purposes for the tax year. deduction is available, and to support a potential audit of the taxpayer’s business by the Michigan Department of Treasury. Line 42: There are three items that qualify for entry on this line. If more than one type applies, enter the combined total as Line 45: If line 45 is negative, enter as a negative number. A loss on line 45 will create (or increase) the MBT business loss a single amount. carryforward for the next year. 22 |
Line 46: Deduct any available MBT business loss incurred agreement) less rental expenses attributable to residential after December 31, 2007. Enter as a positive number. rental units in Michigan, including, but not limited to, repairs, interest, insurance, maintenance, utilities, and depreciation. Business loss means a negative business income tax base, after apportionment, if applicable. Specifically, Partnerships may use a Rental Real Estate Income Only an MBT business loss may be used and only from prior and Expenses of a Partnership or an S Corporation (U.S. Form consecutive years when the taxpayer was an MBT taxpayer. 8825) to determine its taxable income attributable to residential rental units in Michigan. To the extent that the Qualified NOTE: MBT business loss carryforward is not the same as Affordable Housing Project is taxed as something other than the federal net operating loss carryforward or carryback. It a Partnership or S Corporation, the Qualified Affordable is also not the same as a Corporate Income Tax business loss Housing Project may use the Supplemental Income and Loss carryforward. A CIT business loss carryforward may not be (U.S. Form 1040, Schedule E) or the relevant portions of the entered on this line or applied against the MBT tax base. A U.S. Corporation Income Tax Return (U.S. Form 1120), as taxpayer that acquires the assets of another corporation in aappropriate. If the Qualified Affordable Housing Project is a transaction described under section 381(a)(1) or (2) of the IRC Corporation, the expenses permitted should be limited to those may deduct any MBT business loss carryforward attributable also listed on the Low-Income Housing Credit Agencies Report to that distributor or transfer or corporation. of Noncompliance or Building Disposition (U.S. Form 8823) and U.S. Form 1040, Schedule E. Rental receipts and expenses Line 47: Subtract line 46 from line 45. Any negative amount must be calculated without regard to any gain or loss resulting on line 47 is an MBT business loss which may be carried from the disposition of rental property. Also, since Partnerships forward to the next filing period, except to the extent that all or are subject to tax as a person under MBT, flow-through some portion of this business loss has exceeded its usable life amounts from other Partnerships are not considered. of ten tax years. Improvements that increase the value of the property or extend NOTE: Any business loss created on this return may only be its life, such as replacing a roof or renovating a kitchen, are applied against a subsequent MBT business income tax base. not deductible rental expenses. Any passive activity loss This business loss may not be applied against a subsequent limitations applicable to the Qualified Affordable Housing Corporate Income Tax tax base. Project’s federal return also apply for purposes of MCL Line 48: If line 47 is positive, enter the Qualified Affordable 208.1201(7). Housing Deduction, if applicable. Qualified Affordable Housing Project’s deduction The NOTE: If claiming both the seller’s and the QAHP deductions, is reduced by the amount of limited dividends or other complete the QAHP deduction calculation on lines 48a through distributions made to the owners of the project. Income 48h, and add to the total at line 48i the amount from Form received by the management, construction, or development 4579, line 5. company for completion and operation of the project and rental units does not constitute taxable income attributable to PA 168 of 2008 provides for a deduction from the apportioned residential rental units. Business Income Tax base to a Qualified Affordable Housing Project and a seller of residential rental units to a Qualified UBGs: Leave lines 48a through 48h blank and carry the Affordable Housing Project. Qualified Affordable Housing amount from Form 4580, Part 2B, line 45i, column C, to line Project is defined under instructions for line 19. 48i. The seller may take a deduction from its apportioned Business When the seller claims a deduction for the year of sale, the Income Tax base equal to the gain from the sale of the State will place a lien on the property equal to the amount of residential rental units to the Qualified Affordable Housing the seller’s deduction. If the buyer fails to qualify as a Qualified Project, as calculated on the MBT Qualified Affordable Affordable Housing Project or fails to operate any of the Housing Seller’s Deduction (Form 4579). Enter the amount residential rental units as rent restricted units in accordance from Form 4579, line 5. (All MBT forms, including Form 4579, with the operation agreement within 15 years after the date are available online at www.michigan.gov/mbt.) of purchase, the lien placed on the property for the amount of the seller’s deduction becomes payable to the State. The The Qualified Affordable Housing Project may deduct from is payable through a “recapture” to be added to the tax lien its apportioned Business Income Tax base an amount equal of the buyer in the year the recapture event occurs. liability to the product of the taxable income attributable to residential recapture is calculated on MBT Schedule of Recapture of The rental units in Michigan it owns multiplied by a fraction, (Form 4587), Certain Business Tax Credits and Deductions the numerator of which is the number of rent restricted units is reduced proportionally for the number of years the buyer and in Michigan owned by that Qualified Affordable Housing for the deduction. qualified Project and the denominator of which is the number of all residential rental units in Michigan owned by the project. MCL PART 3: TOTAL MICHIGAN BUSINESS TAX 208.1201(8) governs the termination of this deduction. Line 53: IMPORTANT: If apportioned or allocated gross In general, taxable income attributable to residential rental receipts are less than $350,000, enter a zero on this line. A units is gross rental receipts attributable to residential rental return to report tax credit recapture is mandatory, however, units in Michigan (purchased pursuant to an operation even if a taxpayer is otherwise not required to file a return because it does not meet the filing threshold of $350,000. 23 |
Tax Years Less Than 12 Months: If the reported tax year is Refer theto “Computing Penalty and Interest” section Formin less than 12 months, gross receipts must be annualized. If 4600 todetermine the annual return penalty rate and use the annualized gross receipts do not exceed $350,000, enter zero on following “Overdue Tax Penalty” and “Overdue Tax Interest” this line. worksheets. Annualizing Multiply each applicable amount, total gross receipts, adjusted WORKSHEET – OVERDUE TAX PENALTY business income, and shareholder, officer, and partner income, A. Tax due from Form 4567, line 67......... 00 and, for fiscal filers , divide the result by the number of months B. Late/extension insufficientor the business operated. Generally, a business is considered in payment penalty percentage................ % business for one month if the business operated for more than C. Multiply line A byline B..................... 00 half the days of the month. If the tax year is less than one month, Carry amount from line C to Form 4567, line 69b. consider the tax year to be one month for the purposes of the calculation. WORKSHEET – OVERDUE TAX INTEREST A. Tax due from Form 4567, line 67......... 00 UBGs: If apportioned or allocated gross receipts before B. Applicable daily interest percentage .. % intercompany eliminations (gross receipts from Form 4580, C. Number daysof return was past due... Part 2B, line 17, column A, multiplied by the apportionment D. Multiply line B byline C .................... % percentage reported on Form 4567, line 11c) are less than E. Multiply line A byline D .................... 00 $350,000, enter a zero on this line. Group members reporting a period of less than 12 months with this group return must Carry amount from line E to Form 4567, line 69c. annualize their gross receipts figure on a member by member basis. Use each member’s number of months reported in the Line 69c: NOTE: If the late period spans more than one group’s tax year. Once all applicable members’ gross receipts interest rate period, divide the late period into the number figures are annualized, add all members’ figures to determine of days in each of the interest rate periods identified in the the group’s annualized apportioned or allocated gross receipts. “Computing Penalty and Interest” section in Form 4600, and Line 58: If the amount entered on Form 4946, line 39, is a apply the calculations thein “Overdue Tax Interest” worksheet positive number, enter that amount on this line. Only a positive separately toeach portion of the late period. Combine these amount may be entered on this line. interest subtotals and carry the total lineto 66c. NOTE: Include a completed copy of Form 4946 with this PART 5:REFUND OR CREDIT FORWARD return regardless of whether an amount is entered on Line 58. Line 71: If the amount of the overpayment, less any penalty and interest due on lines 68 and 69d is less than zero, enter the PART 4: PAYMENTS, REFUNDABLE CREDITS, AND difference (as a positive number) on line 70. If the amount is TAX DUE greater than zero, enter on line 71. Line 61: Enter the total estimated taxes paid. Include all NOTE: If an overpayment exists, a taxpayer must elect a payments made on returns that apply to the current tax year. refund ofall or aportion of the amount and/or designate all or For example, calendar year filers include money paid with the a portion theof overpayment beto used anas estimate for the combined returns for return periods January through December. next MBT tax year. Complete lines 72 and 73 as applicable. Line 72: If the taxpayer anticipates an MBT liability in the Amended Returns Only: filing period subsequent to this return, some or all of any Line 66a: Enter total payment(s) made with original and/or overpayment from line 71 may be credited forward theto next prior amended returns for this period. tax year anas estimated payment. Enter the desired amount to Line 66b: Enter net overpayment received (refund(s) received use estimateas an for the next MBT tax year. plus credit forward(s) created) from the original Reminder: Taxpayers must sign and date returns. Preparers and/or prior amended returns for this period. must provide a Preparer Taxpayer Identification Number Line 66c: Add lines 65 and 66a and subtract line 66b from (PTIN), FEIN or Social Security number (SSN), a business the sum. name, and a business address and phone number. Line 68: If penalty and interest are owed for not filing Other Supporting Forms and Schedules estimated returns or for underestimating tax, complete Federal Forms: Attach copies of these forms to the return. the MBT Penalty and Interest Computation for Underpaid Estimated Tax (Form 4582) to compute penalty and interest UBGs: See Form 4580 instructions for information regarding due. Ifa taxpayer chooses not to file this form, Treasury will federal attachments for members UBGs.of compute penalty and interest and bill for payment. • U.S. Form 1120 (pages 1 through 4), C Corporations: Line 69: Enter the annual return penalty rate on line 69a. Add Schedule D , Form 851 , Form 4562, and Form 4797. If filing the overdue tax penalty on line 69b to the overdue tax interest as part of a consolidated federal return, attach a pro forma in line 69c. Enter total on line 69d. or consolidated schedule. • S Corporations: U.S. Form 1120-S (pages 1 through 4)*, 24 |
Schedule D , Form 851 , Form 4562 , Form 4797 , Form 8825. • Individuals: U.S. Form 1040 (pages 1 and 2), Schedules C, C-EZ, D, E, and Form 4797. • Fiduciaries: U.S. Form 1041 (pages 1 through 2), Schedule D, and Form 4797. • Partnerships: U.S. Form 1065 , (pages 1 through 5)*, Schedule D , Form 4797, and Form 8825. • Limited Liability Companies: Attach appropriate schedules listed above based on federal return filed. • Federally Exempt Entities: In certain circumstances, a federally tax exempt entity must file an MBT return. In those cases, attach U.S. Form 990-T (pages 1 through 4). * Do not send copies of K-1s. Treasury will request them if necessary. 25 |
Sourcing of Sales to Michigan franchises, licenses, contracts, customer lists, TANGIBLE AND REAL PROPERTY computer software, or similar items Sale of tangible personal property Property is used by the purchaser in this State. If property is Property is shipped or delivered, or, in the case of electricity used inmore than one state, royalties or other income will be and gas, the contract requires the property to be shipped or apportioned tothis State pro rata according to the portion of delivered, to any purchaser within this State based on the use this in State. ultimate destination at the point that the property comes to rest regardless of the free on board point or other conditions of the If the portion of use in this State cannot be determined, the sales. royalties or other income will be excluded from both the numerator and the denominator. Property stored in transit for 60 days or more prior to receipt by the purchaser or the purchaser’s designee, or in the case of If the purchaser of intangible property uses it or the rights to a dock sale not picked up for 60 days or more, shall be deemed the intangible property, in the regular course of its business to have come to rest at this ultimate destination. Property operations in this State, regardless of the location of the stored in transit for fewer than 60 days prior to receipt by the purchaser’s customers. purchaser or the purchaser’s designee, or in the case of a dock (IN sale not picked up before 60 days, is not deemed to have come SALES FROM PERFORMANCE OF SERVICES to rest at this ultimate destination. GENERAL) Receipts from performance of services, in general NOTE: Tangible personal property means that term as defined in Section 2 of the Use Tax Act, Public Act (PA) 94 of 1937, Recipient of services receives all of the benefit of the services MCL 205.92. in this State. Sale, lease, rental or licensing of real property If the recipient of the services receives some of the benefit of the services in this State, receipts are included in the numerator Property is located in this State. the apportionment factor in proportion to the extent that the of Lease or rental of tangible personal property recipient receives benefit of the services in this State. To the extent the property is used in this State. Extent of use For more information regarding how a taxpayer determines is determined by multiplying the receipts by a fraction, the where the recipient of services performed receives the numerator is the number of days of physical location of the benefit of those services, see RAB 2010-5, Michigan property in this State during the lease or rental period in the Business Tax Where Benefit of Services is Received, on the tax year and the denominator is the number of days of physical Michigan Department of Treasury (Treasury) Web site at location of the property everywhere during all lease or rental www.michigan.gov/taxes. periods in the tax year. If the physical location of the property during the lease or FINANCIAL SERVICES rental period is unknown or cannot be determined, the tangible Sales derived from securities brokerage services personal property is used in the state in which the property including commissions on transactions, the spread was located at the time the lease or rental payer obtained earned on principal transactions in which broker buys possession. or sells from its account, total margin interest paid on behalf of brokerage accounts owned by broker’s Lease or rental of mobile transportation property customers, and fees and receipts of all kinds from owned by the taxpayer underwriting of securities To the extent property is used in this State. For example, the the total dollar amount of receipts from securities Multiply extent an aircraft will be deemed to be used is determined services by fraction, a the numerator ofwhich is the brokerage by multiplying all the receipts from the lease or rental of securities brokerage services to customers within this sales of the aircraft by a fraction, the numerator of the fraction is and the denominator of which is the sales of securities State, the number of landings of the aircraft in this State and the services allto customers. brokerage denominator of the fraction is the total number of landings of the aircraft. If receipts from brokerage services can be associated with a particular customer, but it is impractical to associate the If the extent of use of any transportation property within this receipts with the address of the customer, then the address of State cannot be determined, then the receipts are in this State customer will be presumed beto the address theof branch the if the property has its principal base of operations in this State. office that generates the transactions for the customer. INTANGIBLE PROPERTY (IN GENERAL) Sales of services derived directly or indirectly from Royalties and other income received for use of or for sale of management, distribution, administration, the privilege of using intangible property including or securities brokerage services to, or on behalf of, patents, knowhow, formulas, designs, processes, a regulated investment company or its beneficial patterns, copyrights, trade names, service names, owners, including receipts derived directly or 26 |
indirectly from trustees, sponsors, or participants Gains from sale of a loan not secured by real of employee benefit plans that have accounts in a property, including income recorded under coupon regulated investment company stripping rules of IRC 1286 To the extent the shareholders of the regulated investment Borrower is located this in State.* company are domiciled within this State. For this purpose, domicile means the shareholder’s mailing address on the Credit card receivables, including interest, fees, and records the of regulated investment company. penalties from credit card receivables and receipts from fees charged to cardholders, such as annual fees If the regulated investment company or the person providing management services the to regulated investment company has Billing address the of cardholder islocated in this State. actual knowledge that the shareholder’s primary residence or Sale of credit card or other receivables principal place of business is different than the shareholder’s mailing address, then the shareholder’s primary residence or Billing address the of customer islocated in this State. principal place ofbusiness is the shareholder’s domicile. Credit card issuer’s reimbursements fees A separate computation must be made with respect receipts to derived from each regulated investment company. Total Billing address of the cardholder is located in this State. amount of sales attributable to this State must be equal to Merchant discounts, computed net of any cardholder total receipts received by each regulated investment company chargebacks, but not reduced by any interchange multiplied bya fraction determined follows: as transaction fees or by any issuer’s reimbursement • The numerator of the fraction is the average of the sum of fees paid to another for charges made by its the beginning-of-year and end-of-year number of shares cardholders owned by the regulated investment company shareholders Commercial domicile the of merchant islocated in this State. who have their domicile this in State. • The denominator of the fraction is the average of the sum Loan servicing fees derived from loans of another of the beginning-of-year and end-of-year number of shares secured by real property owned all by shareholders. Real property islocated in this State. • For purposes the of fraction, the year will the be tax year of Real property is located both in and out of this State and one or the regulated investment company that ends with or within more states if more than 50 percent of the fair market value of the the tax year the of taxpayer. real property is located in this State. Receipts from the origination of a loan or gains from More than 50 percent of the fair market value of the real sale of a loan secured by residential real property property is not located in any one state, and the borrower is Only if one moreor of the following apply: located in this State.* • Real property islocated in this State. If the location of the security cannot be determined, then loan • Real property is located both within this State and one or servicing fees for servicing either the secured or the unsecured more other states and more than 50 percent of the fair loans of another are in this State if the lender to whom the loan market value the of real property located is within this State. servicing service is provided is located in this State. • More than 50 percent of the real property is not located in any one state and the borrower islocated in this State.* Loan servicing fees derived from loans of another not secured by real property Interest from loans secured by real property Borrower is located in this State.* Property is located this in State. If location of the security cannot be determined, then loan If property located is both this in State and one more or other servicing fees for servicing either the secured or the unsecured states, if more than 50 percent of the fair market value of the loans of another are in this State if the lender to whom the loan real property located is within this State. servicing service is provided is located in this State. If more than 50 percent of the fair market value of the real property is not located within any one state, the if borrower is Sale of securities and other assets from investment located this in State.* and trading activities, including, but not limited to, interest, dividends, and gains The determination whether of the real property securing loan a is located in this State will be made at the time the original Attributable to the State if the person’s customer is in this was made and any and all subsequent substitutions State, or if the location of the person’s customer cannot be agreement collateral will disregarded. be determined, both of the following: of • Interest, dividends, and other income from investment Interest from a loan not secured by real property assets and activities and from trading assets and activities, Borrower is located this in State.* including, but not limited to, investment securities; trading *A borrower considered is located thisin State theif borrower’s billing address thisis in State. 27 |
account assets; federal funds; securities purchased and sold gross receipts for the barrel miles transported in this State under agreements to resell or repurchase; options; futures bear to the gross receipts for the barrel miles transported by contracts; forward contracts; notional principal contracts the person everywhere. such as swaps; equities; and foreign currency transactions • Gas by pipeline – Proportioned based on the ratio that the are in this State if the average value of the assets is assigned gross receipts for the 1,000 cubic feet miles transported in to a regular place of business of the taxpayer within this this State bear to the gross receipts for the 1,000 cubic feet State. miles transported by the person everywhere. ○ Interest from federal funds sold and purchased and from securities purchased under resale agreements and NOTE: If a taxpayer can show that revenue mile information securities sold under repurchase agreements are in this is not available or cannot be obtained without unreasonable State if the average value of the assets is assigned to expense to the taxpayer, receipts attributable to this State will a regular place of business of the taxpayer within this be that portion of the revenue derived from transportation State. services everywhere performed that the miles of transportation services performed in this State bears to the miles of ○ Amount of receipts and other income from investment services performed everywhere. If Treasury transportation assets and activities is in this State if assets are assigned that the information required for the calculations determines to a regular place of business of the taxpayer within this are not available or cannot be obtained without above State. expense to the taxpayer, Treasury may use other unreasonable • Amount of receipts from trading assets and activities, available information that in the opinion of Treasury will result including, but not limited to, assets and activities in the in an equitable allocation of the taxpayer’s receipts to this State. matched book, in the arbitrage book, and foreign currency transactions, but excluding amounts otherwise sourced in NOTE: For transportation services that source sales based on this section, are in this State if the assets are assigned to arevenue miles, enter a sales amount on Form 4567, Line 11a, by regular place of business of the taxpayer within this State. multiplying total sales of the transportation service by the ratio of Michigan revenue miles over revenue miles everywhere as TRANSPORTATION SERVICES provided in the table on this page for that type of transportation service. Revenue mile means the transportation for a Receipts from transportation services consideration of one net ton in weight or one passenger the Generally, receipts will be proportioned based on the ratio that distance of one mile. Only transportation services are sourced revenue miles of the person in this State bear to the revenue using revenue miles. To the extent the taxpayer has business miles of the person everywhere. activities or revenue streams not from transportation services, those receipts should be sourced accordingly. Receipts from maritime transportation services will be attributable to this State as follows: TELECOMMUNICATIONS SERVICES • 50 percent of those receipts that either originate or terminate Sale of telecommunications service or mobile in this State. telecommunications service, in general • 100 percent of those receipts that both originate and Customer’s place of primary use of the service is in this State. terminate in this State. As used here, place of primary use means the customer’s Receipts attributable to this State of a person whose business residential street address or primary business street address activity consists of the transportation of: where the customer’s use of the telecommunications service primarily occurs. • Property and individuals – Proportioned based on the total gross receipts for passenger miles and ton mile fractions, For mobile telecommunications service, the customer’s separately computed and individually weighted by the ratio residential street address or primary business street address is of gross receipts from passenger transportation to total gross the place of primary use only if it is within the licensed service receipts from all transportation, and by the ratio of gross area of the customer’s home service provider. receipts from freight transportation to total gross receipts Sale of telecommunications service sold on an from all transportation, respectively. individual call-by-call basis Michigan Ton Miles Gross Receipts from Call both originates and terminates in this State. x Total Ton Miles Transportation of Property Call either originates or terminates in this State and the service address is located in this State. Michigan Passenger Miles + Gross Receipts from Sale of postpaid telecommunications service x Total Passenger Miles Transportation of Passengers point of telecommunication signal (as first Origination identified by the service provider’s telecommunication system = Michigan Sales from Transportation Services or as identified by information received by the seller from its service provider if system used to transport telecommunication • Oil by pipeline – Proportioned based on the ratio that the signals is not the seller’s) is located in this State. 28 |
Sale of prepaid telecommunications service or Taxpayer whose business activities include live radio prepaid mobile telecommunications service or television programming as described in Subsector Purchaser obtains the prepaid card or similar means of Code 7922 of Industry Group 792 or are included in conveyance at a location in this State. Industry Groups 483, 484, 781, or 782, under the SIC Code as compiled by the U.S. Department of Labor, or Recharging a prepaid telecommunications service or any combination of the business activities included in mobile telecommunications service those groups Purchaser’s billing information indicates a location in this State. Media receipts are attributable to this State only if the commercial domicile of the customer is in this State and the Sale of private communication services customer has a direct connection or relationship with the 100 percent of the receipts from the sale of each channel taxpayer pursuant to a contract under which the media receipts termination point within this State. are derived. 100 percent of the receipts from the sale of the total channel Media receipts from the sale of advertising are attributable to mileage between each termination point within this State. this State if the customer of that advertising is commercially domiciled in this State and receives some of the benefit of 50 percent of the receipts from the sale of service segments for the sale of that advertising in this State. Sales are included in a channel between two customer channel termination points, proportion to the extent that the customer receives the benefit one of which is located in this State and the other is located of the advertising in this State. outside of this State, which segments are separately charged. If the taxpayer is a broadcaster and if the customer receives Receipts from the sale of service for segments with a channel some of the benefit of the advertising in this State, the media termination point located in this State and in two or more other receipts for that sale of advertising from that customer will be states or equivalent jurisdictions, and which segments are proportioned based on the ratio that the broadcaster’s viewing not separately billed, are in this State based on a percentage or listening audience in this State bears to its total viewing or determined by dividing the number of customer channel listening audience everywhere. termination points in this State by the total number of customer channel termination points. Media property means motion pictures, television programs, Internet programs and Web sites, other audiovisual works, and Sale of billing services and ancillary services for any other similar property embodying words, ideas, concepts, telecommunications service images, or sound without regard to the means or methods of Based on the location of the purchaser’s customers. distribution or the medium in which the property is embodied. If the location of the purchaser’s customers is not known or Media receipts means receipts from the sale, license, broadcast, cannot be determined, the sale of billing services and ancillary transmission, distribution, exhibition, or other use of media services for telecommunications service are in this State based property and receipts from the sale of media services. Media on the location of the purchaser. receipts do not include receipts from the sale of media property that is a consumer product that is ultimately sold at retail. To access a carrier’s network or from the sale of telecommunications services for resale Media services means services in which the use of the media property is integral to the performance of those services. 100 percent of the receipts from access fees attributable to intrastate telecommunications service that both originates and NOTE: Terms used to describe the sale of telecommunications terminates in this State. service or mobile telecommunications service have the same meaning as those terms defined in the Streamlined Sales and 50 percent of the receipts from access fees attributable to Use Tax Agreement administered under the Streamlined interstate telecommunications service if the interstate call Sales and Use Tax Administration Act, PA 174 of 2004, MCL either originates or terminates in this State. 205.801 to 205.833. 100 percent of receipts from interstate end user access line OTHER charges, if customer’s service address is in this State. As used here, “interstate end user access line charges” includes, Default for all other receipts not otherwise sourced but is not limited to, the surcharge approved by the federal here communications commission and levied pursuant to 47 CFR 69. Sourced based on where the benefit to the customer is received, Gross receipts from sales of telecommunications services to or if where the benefit to the customer is received cannot be other telecommunication service providers for resale will be determined, sourced to the customer’s location. sourced to this State using the apportionment concepts used For more information regarding how a taxpayer determines for non-resale receipts of telecommunications services if the where the recipient of services performed receives the benefit information is readily available to make that determination. If of those services, see RAB 2010-5, Michigan Business Tax the information is not readily available, then the taxpayer may Where Benefit of Services is Received, on the Treasury Web use any other reasonable and consistent method. site at www.michigan.gov/taxes. 29 |