Corporate Income Tax FINANCIAL INSTITUTIONS This booklet contains information on completing a Michigan Corporate Income Tax return for calendar year 2022 or a fiscal year ending in 2023. E-filing your return is easy, fast, and secure! Visit Treasury’s Web site at www.MIfastfile.org for a list e-file of resources and how tofind an e-file provider. WWW.MIFASTFILE.ORG FILING DUE DATE: CALENDAR FILERS — APRIL 30, 2023 FISCAL FILERS — THE LAST DAY OF THE FOURTH MONTH AFTER THE END OF THE TAX YEAR. WWW.MICHIGAN.GOV/TAXES This booklet is intended as a guide to help complete your return. It does not take the place of the law. MICHIGAN 2022 Michigan Department of Treasury — 4907 (Rev. 12-22) |
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2022 General Information for Financial Institutions Standard Taxpayers and Insurance Companies: See the Corporate Income Tax (CIT) Instruction Booklet for Standard Taxpayers (Form 4890) or the CIT Instruction Booklet for Insurance Companies (Form 4904) at www.michigan.gov/taxes. This booklet is intended as a guide to help complete the CIT NOTE: Formerly, taxpayers could pay by check on a monthly return. It does not take the place of the law. or quarterly basis by remitting a check with a Combined Return for Michigan Tax (Form 160). Form 160 was replaced. Who Files a Financial Return? The new form no longer accommodates CIT payments. As a result, Form 4913 is the only form that supports a CIT File a CIT Annual Return for Financial Institutions (Form payment. estimated 4908) if the taxpayer is any of the following: Estimated returns and payments for calendar year taxpayers • A bank holding company, a national bank, a state chartered are due to Treasury by April 15, July 15, October 15, and bank, a state chartered savings bank, a federally chartered 15 of the following year. Fiscal year taxpayers should January savings association, or a federally chartered farm credit returns and payments by the appropriate due date which make system institution. is fifteen days after the end of each fiscal quarter. The sum of • Any entity, other than an entity subject to the tax imposed estimated payments for each quarter must always reasonably under Chapter 12 (insurance company), who is directly or approximate the liability for the quarter. indirectly owned by an entity described in 206.651(f)(i) and is a member of the UBG. NOTE: Your debit transaction will be ineligible for EFT if the bank account used for the electronic debit is funded or • A UBG consisting of entities described above. otherwise associated with a foreign account to the extent that NOTE: Because the definition of financial institution for CIT the payment transaction would qualify as an International purposes includes any entity (except an insurance company) that ACH Transaction (IAT) under NACHA Rules. Contact your is owned by a bank or other entity (as described above) and is a financial institution for questions about the status of your member of a UBG with its parent, this may cause an entity that account. Contact the Michigan Department of Treasury’s is not commonly thought of as a financial institution to be treated (Treasury) Corporate Income Tax Division at 517-636-6925 as one for return filing purposes. A UBG of financial institutions for alternate payment methods. must file a combined return on Form 4908 that includes each member of the group that is a financial institution. The estimated payment made with each quarterly return must be computed on the actual CIT for the quarter, or 25 percent of If the taxpayer is not any of the above, check to see if filing the estimated total liability if paying aCIT liability. either the Insurance Company Annual Return for Corporate To avoid interest and penalty charges, estimated payments Income and Retaliatory Taxes (Form 4905) or the CIT Annual Return (Form 4891) for standard filers is required. must equal at least 85 percent of the total liability for the tax year and the amount of each estimated payment must reasonably approximate the tax liability for that quarter. Using This Booklet If the prior year’s tax under the Income Tax Act is $20,000 This CIT financial institution booklet includes forms and or less, estimated tax may be based on the prior year’s total instructions for financial institutions. These forms are designed tax liability paid in four equal installments. (“Four equal for calendar year 2022 and for a fiscal filer with a federal tax installments” describes the minimum pace of payments that year ending in 2023. will satisfy this safe harbor.) If the prior year’s tax liability was reported for a period less than 12 months, this amount Read the “General Information” first. It is recommended that be annualized for purposes of both the $20,000 must taxpayers and tax preparers review the instructions for all forms. and calculating the quarterly payments due under ceiling this method. Payments at a more accelerated pace also will Overview of CIT for Financial Institutions qualify. If the year’s tax liability is $800 or less, estimates are Every financial institution with nexus in Michigan is subject to not required. a franchise tax. The franchise tax imposedis upon the tax base NOTE: Reliance on the tax liability of the prior year as a of the financial institution after allocation orapportionment to means to avoid interest and penalty charges is only allowed if Michigan at the rate 0.29of percent. you had business activity in Michigan in that prior year and filed a CIT return for that prior year. A return must be filed Filing CIT Quarterly Tax Estimates to establish the tax liability for that prior year, even if gross If estimated liability for the year is reasonably expected to receipts in the prior year were less than $350,000. In addition, exceed $800, taxpayer a must file estimated returns. taxpayer A if your business was not in existence in the preceding year, no may remit quarterly estimated payments by check with a safe harbor exists. In such a case, estimates must be based on Corporate Income Tax Quarterly Return (Form 4913) or may the CIT liability for the current year. There is no prior-year safe remit monthly or quarterly estimated payments electronically harbor for a taxpayer’s first CIT tax period. For a taxpayer’s by Electronic Funds Transfer (EFT). When payments are made first CIT tax period the estimates must equal at least 85 percent by EFT, Form 4913 is not required. of the total CIT liability, as explained above. 1 |
Amending Estimates Completing Michigan Forms If, after making payments, the estimated tax is substantially Treasury captures the information from paper CIT returns different than originally estimated, recompute the tax and using an Intelligent Character Recognition process. If adjust the payment in the next quarter. completing a paper return, avoid unnecessary delays caused Electronic Filing of CIT Returns by manual processing by following the guidelines below so the return is processed quickly and accurately. Michigan has an enforced CIT e-file mandate. Software developers producing CIT tax preparation software and • Use black or blue ink. Do not use pencil, red ink, or felt tip computer-generated forms must support e-file for all eligible pens. Do not highlight information. Michigan forms that are included in their software package. • Print using capital letters (UPPER CASE). Capital letters All eligible CIT returns prepared using tax preparation are easier to recognize. software or computer-generated forms must be e-filed. • Print numbers like this: 0123456789. Do not put a Treasury will be enforcing the CIT e-file mandate. The slash through the zero ( ) or seven (7 ). enforcement includes not processing computer-generated paper returns that are eligible to be e-filed. A notice will be mailed to • Fill check boxes with an [X]. Do not use acheck mark [a]. the taxpayer, indicating that the taxpayer’s return was not filed • Leave lines/boxes blank if they do not apply or if the in the proper form and content and must be e-filed. Payment amount is zero, unless otherwise instructed. received with a paper return will be processed and credited to the taxpayer’s account even when the return is not processed. Do not enter data in boxes filled with Xs. • • Do not write extra numbers, symbols, or notes on the Treasury will continue to accept certain Portable Document as cents, dashes, decimal points (excluding return, such Format (PDF) attachments with CIT e-filed returns. A current or dollar signs, unless otherwise instructed. percentages), list of defined attachments is available in the CIT “Michigan any explanations on a separate sheet unless Enclose Tax Preparer Handbook for Electronic Filing Programs,” which to write explanations on the return. instructed is available on the Treasury Web site at www.MIfastfile.org by clicking on “Tax Preparer,” then “Corporate Income Tax • Date format, unless otherwise specified, should be in the Handbook” for the applicable tax year. Follow your software following format: MM-DD-YYYY. Use dashes (-) rather instructions for submitting attachments with an e-filed return. than slashes (/). If the CIT return includes supporting documentation or • Enter phone numbers using dashes (e.g., 517-555-5555); do attachments that are not on the predefined list of attachments, the not use parentheses. return can still be e-filed. Follow your software instructions for • Stay within the lines when entering information in boxes. including additional attachments. The tax preparer or taxpayer • Report losses and negative amounts with a negative should retain file copies of all documentation or attachments. sign in front of the number (do not use parentheses). For For more information and program updates, including exclusions example, a loss in the amount of $22,459 should be reported from e-file, visit the e-file Web site at www.MIfastfile.org . as -22,459. The taxpayer may be required to e-file its federal return. Visit • Percentages should be carried out four digits to the the Internal Revenue Service (IRS) Web site at www.irs.gov right of the decimal point. Do not round percentages. for more information on federal e-file requirements and the IRS For example, 24.154266 percent becomes 24.1542 percent. Federal/State Modernized e-File (MeF) program. When converting a percentage to a decimal number, carry numbers out six digits to the right of the decimal point. For Complete Federal Tax Forms First example, 24.154266 percent becomes 0.241542. Before preparing CIT returns, complete all federal tax forms. • Report all amounts in whole dollars. Round down These forms may include: amounts of 49 cents or less. Round up amounts of 50 cents • Fiduciaries — U.S. Form 1041 , 1065, and related Schedules or more. If cents are entered on the form, they will be C C-EZ , D, , ,E,K 4797, and 8825 . treated as whole dollar amounts. • Corporations — U.S. Form 1120, 1120-S, and Schedules ,D K 851 , ,940 4562 , 4797, , and 8825 . Suggested Order of Analysis and Preparation of an CIT Annual Return • Limited Liability Companies (LLCs) — federal forms listed above, depending on how federal returns have been filed. First, determine whether the taxpayer has nexus with Michigan. Nexus is a legal term that expresses whether a Reference these federal forms complete to Form 4908. has sufficient connection to Michigan to justify taxpayer Copies ofcertain pages from these federal forms must also be subjecting the taxpayer to Michigan tax. attached the to annual return filed. See the instructions for Form information on nexus, and other CIT issues, see the For 4908 for further details. Department of Treasury (Treasury) Web site at Michigan www.michigan.gov/treasury . (Click on the “Corporate Income Tax” on the left side of the page.) Treasury will post updates 2 |
here and via Revenue Administrative Bulletin (available in the combined amounts are entered on the Form 4891. References “Reference” link on the left side of the page). in the instructions “the to taxpayer” generally will refer the to group rather than any one members. of its For a taxpayer using Form 4908, first complete lines 1 through 20, which is sufficient to calculate total liability before This isa simplification for introductory purposes, and there recapture of Certain Business Tax Credits. At that point, if any are many details and exceptions described throughout the CIT recapture of credits exists begin the CIT Schedule of Recapture forms and instructions. In particular, tax credits, transactions of Certain Business Tax Credits (Form 4902). between members, and the presence financial of institutions or insurance companies the in group require careful attention. Further General Guidance One key issue in dealing properly with unitary taxation is to For purposes of CIT, taxpayer means a C Corporation, recognize that not it is limited large, to multi-state companies. insurance company, financial institution, or a unitary business Businesses any of size and any geographic extent may find that group liable for tax, interest, or penalty. they are members UBG. of a A Unitary Business Group (UBG) is a group of United Determining the Existence and Membership of a UBG States persons that are corporations, insurance companies, or Unitary Business Group means a group of United States financial institutions, other than a foreign operating entity, that persons that are corporations, insurance companies, or satisfies the following criteria: financial institutions, other than foreign a operating entity, that satisfies the control test and relationship test. • One of the persons owns or controls, directly or indirectly, more than 50 percent of the ownership interest with voting • Control test. One the of persons owns controls, or directly rights (or rights comparable to voting rights) of the other or indirectly, more than 50 percent of the ownership interest members; AND with voting rights (or rights comparable voting to rights) the of other members; AND • The UBG has operations which result in a flow of value between the members in the UBG or has operations that • Relationship test. The UBG has operations which result are integrated with, are dependent upon, or contribute to in a flow of value between the members in the UBG or has each other. Flow of value is determined by reviewing the operations that are integrated with, are dependent upon, or totality of facts and circumstances of business activities and contribute to each other. Flow of value is determined by operations. reviewing the totality of facts and circumstances of business activities and operations. All financial institution members must file a combined return (addressed in the “UBGs and Combined Filing” section of this Additional information can be found under the “Corporate General Information). Income www.michigan.gov/taxes Tax” page at (see Revenue Administrative Bulletin (RAB) 2018-12, Unitary Business NOTE: In general, a person that is a disregarded entity for Group Control Test And Relationship Tests). federal tax purposes must file as if it were a branch or division United States person is defined in the Internal Revenue Code if owned by another business entity. (IRC) § 7701(a)(30). UBGs and Combined Filing A foreign operating entity means a United States corporation that would otherwise be a part of a UBG that is taxable in NOTE: UBGs are addressed here, in general. In the Michigan; has substantial operations outside the United States, instructions for each form, “Special Instructions for Unitary the District of Columbia, any territory or possession of the Business Groups” are located directly before “Line-by-Line United States except for the commonwealth Puerto of Rico, or Instructions.” The areas thein “Line-by-Line Instructions” that a political subdivision the of foregoing; and least at 80 percent apply only UBGsto are labeled “UBGs .” Additional direction of its income is active foreign business income as defined in is found in the “Supplemental Instructions for Standard IRC § 871(l)(1)(B)(ii). Members in UBGs” section of this instruction booklet. An alternate, elective method for determining the existence General Overview of Unitary Taxation and membership UBG of a under the affiliated group election is More than 20 states have adopted unitary taxation. Unitary discussed the in instructions for Form 4908. taxation is a method of taxing related persons that, if it applies, generally treats those related persons as if they were Filing the Correct Form one. There are specific tests, discussed below, to determine A different primary return and instruction booklet are available whether two or more business entities are sufficiently for standard taxpayers (Form 4891) and insurance companies connected by ownership and business relationships to be (Form 4905). treated as a group. Filing if Tax Year Is Less Than 12 Months If those tests are satisfied and aUBG is found to exist, in most cases the members of that UBG will file a single CIT return. Tax year means the calendar year, or the fiscal year ending One member will be designated as the group’s representative during the calendar year, upon the basis which of the tax base of for filing the return and corresponding with Treasury. Included a taxpayer computed.is If areturn is made for fractional a part in that return will be separate forms that report income, of a year, tax year means the period for which the return made. is deductions, and activities separately by member, and then the A taxpayer that has a 52- or 53-week tax year beginning not 3 |
more than seven days before December 31 of any year is Extension applications must be postmarked on or before the considered to have a tax year beginning after December of that due date of an annual return. tax year. Although Treasury may grant extensions for filing CIT returns, Example 1: A taxpayer with a federal tax year beginning on it will not extend the time to pay. Extension applications Saturday, December 26, 2022, will be treated as follows: received without proper payment will not be processed. Penalty • 2022 tax year end of December 31, 2022. and interest will accrue on the unpaid tax from the original due • Due date of April 30, 2023. date of the return. • 2023 tax year beginning January 1, 2023. Properly filed and paid estimates along with the amount included on the extension application will be accepted as payment on a Example 2: A taxpayer with a federal tax year ending on tentative return, and an extension may be granted. It is important Sunday, January 3, 2023, will be treated as follows: that the application is completed correctly. • 2022 tax year end of December 31, 2022. Once a properly prepared and timely filed application along • Due date of April 30, 2023. with appropriate estimated tax payments is received, Treasury • 2023 tax year beginning on January 1, 2023. will grant an extension of eight months to file the tax return. Example 3: A 52- or 53-week year closing near the end of Any estimated tax that may be due with the request should January is common in the retail industry. Such a taxpayer will be paid in the same manner as estimated payments were paid be treated as follows: during the year. • 2022-23 fiscal year end will be January 31, 2023. A written response will be sent to the legal address on file • Due date will be May 31, 2023. when a valid extension application is received. • 2023-24 fiscal year will begin on February 1, 2023. If a CIT extension is filed on time but the total payments Annualizing received by the original due date are less than 90 percent of the tax liability, a 10 percent negligence penalty may apply. If the prior filing period is less than 12 months, annualize the prior year’s tax liability to determine whether estimates may be An extension of time to file will also extend the statute of based on that liability. If the prior year’s annualized liability limitations. is $20,000 or less, estimates may be based on the annualized amount if paid in four equal, timely, installments. Amending a Return To annualize the prior year’s tax liability, multiply the prior To amend a current or prior year annual return, complete the year’s tax liability by 12 and divide the result by the number Michigan CIT Amended Return for Financial Institutions of months the business operated. Generally, a business is (Form 4909) that is applicable for that year, explaining the considered in business for one month if the business operated reason for the changes. Include all schedules filed with the for more than half the days of the month. A business whose original return, even if not amending that schedule. Do not entire tax year is 15 days or less, however, is considered in include a copy the of original return with your amended return. business for one month. Current and past year forms are available on Treasury’s Web ○ Example: A fiscal year taxpayer with a tax year ending site at www.michigan.gov/treasuryforms. in June files a six-month return ending June 2014 To amend a return to claim a refund, file within four years of reporting a tax liability of $9,000. Estimates for the tax the due date the of original return (including valid extensions). year ending June 2015 may be based on the annualized Interest will be paid beginning 45 days after the claim filed is liability of $18,000. Estimates must be paid in four or the due date, whichever later. is equal installments of $4,500. If amending returna to report a deficiency, penalty and interest Due Dates of Annual Returns may apply from the due date the of original return. Annual returns calendar of year taxpayers are due by April 30, If any changes are made to a federal income tax return that 2023. For fiscal years ending 2023, in the 2022-2023 fiscal year affect the CIT tax base, filing an amended return is required. return will be due on the last day the of fourth month after the To avoid penalty, file the amended return within 120 days after end the of tax year. the final determination the by IRS. Additional Filing Time Computing Penalty and Interest If additional time isneeded to file an annual tax return, request a Michigan extension by filing an Application for Extension of Annual and estimated returns filed late or without sufficient Time to File Michigan Tax Returns (Form 4). payment the of tax due are subject to apenalty of 5percent of the tax due, for the first two months. Penalty increases by an Filing a federal extension request with the IRS does not additional 5 percent per month, or fraction thereof, after the automatically grant a CIT extension. The IRS does not notify second month, tomaximuma of percent. 25 state governments extensions. of Compute penalty and interest for underpaid estimates using the CIT Penalty and Interest Computation for Underpaid Estimated 4 |
Tax (Form 4899). If a taxpayer prefers not to file this form, software. The taxpayer PIN will selectedbe by the taxpayer, or Treasury will compute the penalty and interest and send abill. the taxpayer may authorize his heror tax preparer selectto the taxpayer PIN. The following chart shows the interest rate that applies to each filing period. A new interest rate is set at 1 percent above the The MI-8879 (Form 4763) will be printed and contain the adjusted prime rate for each six-month period. taxpayer PIN. The tax preparer will retain Form MI-8879 in his or her records as part of the taxpayer’s printed return. CIT Beginning Date Rate Daily Rate State Stand Alone e-filings submitted without a taxpayer PIN January 1, 2022 4.25% 0.0001164 will be rejected by Treasury. Do not mail Form MI-8879 to July 1, 2022 4.27% 0.0001170 Treasury and do not include Form MI-8879 as an attachment with the e-file return. January 1, 2023 5.65% 0.0001548 Mailing Addresses For a list interest of rates, click on “Reports and Legal” on the Treasury Web site at www.michigan.gov/treasury/ . Interest Mail the annual return and all necessary schedules to: rates are updated Revenue in Administrative Bulletins (RABs). With payment: Signing the Return Michigan Department of Treasury PO Box 30804 All returns must be signed and dated by the taxpayer or the Lansing MI 48909 taxpayer’s authorized agent. This may be the owner, corporate officer, or association member. The corporate officer may be the president, vice president, treasurer, assistant treasurer, chief Without payment: accounting officer, or any other corporate officer (such as tax Michigan Department Treasuryof officer) authorized to sign the corporation’s tax return. PO Box 30803 Lansing MI 48909 If someone other than the above prepared the return, the preparer must give his or her business address and telephone number. Mail an extension application (Form 4) to: Michigan Department of Treasury Print the name of the authorized signer and preparer in the PO Box 30774 appropriate area on the return. Lansing MI 48909-8274 Assemble the returns and attachments (in sequence order) and use a clip in the upper-left corner or rubber band the pages Mail CIT quarterly estimate payments (Form 4913) to: together. (Do not staple a check to the return.) In an e-filed Michigan Department Treasury of return, the preparation software will assemble the forms and PO Box 30774 PDF attachments thein proper order automatically. Lansing MI 48909-8274 IMPORTANT REMINDER: Failure to include all the Courier delivery service mail should be sent to: required forms and attachments will delay processing and may Michigan Department Treasury of result inreduced or denied refund creditor forward billor a for 7285 Parsons Dr. tax due. Dimondale MI 48821 SIGNING AN E-FILED RETURN: As with any tax return Make all checks payable to “State of Michigan.” Print submitted toTreasury on paper, an electronic tax return must taxpayer’s Federal Employer Identification Number (FEIN) or be signed by an authorized tax return signer, the Electronic Michigan Treasury (TR) assigned number, the tax year, and Return Originator (ERO), if applicable, and the paid tax “CIT” on the front the of check. Do not staple the check the to preparer, if applicable. NOTE: If the return meets one of the return. exceptions tothe e-file mandate and is being filed on paper, it must be manually signed and dated by the taxpayer or the Correspondence taxpayer’s authorized agent. An address change or business discontinuance can be The CIT Fed/State e-file signature process follows:is as reported online by using Michigan Treasury Online (MTO), Business Tax Services. See www.michigan.gov/mtobusiness Fed/State Returns: Michigan will accept the federal signature for information. In the alternative, Notice of Change or method. Michigan does not require any additional signature Discontinuance (Form 163), can be found online at www. documentation. michigan.gov/treasuryforms. State Stand Alone Returns: State Stand Alone returns Mail correspondence to: (which are filed without a corresponding federal return) must Michigan Department Treasury of be signed using Form MI-8879 (also called the Michigan Business Taxes Division, CIT Unit e-file Authorization for Business Taxes MI-8879 , Form PO Box 30059 4763). Returns are signed by entering the taxpayer PIN in the Lansing MI 48909 software after reading the perjury statement displayed in the 5 |
To Request Forms Internet Current and past year forms are available on Treasury’s Web site at www.michigan.gov/treasuryforms. Alternate Format Printed material in an alternate format may be obtained by calling 517-636-6925. TTY Assistance is available using TTY through the Michigan Relay Service by calling 711. Revenue Administrative Bulletins (RABs) Treasury provides updates via RABs on the Treasury Web site at www.michigan.gov/taxes . (Click on “Reports and Legal.”) RABs for the CIT are: • 2013-9, CIT Definition of “Actively Solicits” • 2018-12, CIT Unitary Business Group Control Test and Relationship Tests • 2014-5, Michigan CIT Nexus Standards • Interest Rates: For a list of interest rates, go to www.michigan.gov/treasury/ and click on “Reports and Legal.” 6 |
Michigan Department of Treasury 4908 (Rev. 03-22), Page 1 of 2 This form cannot be used as an amended return; use the CIT Amended Return 2022 MICHIGAN Corporate Income Tax Annual Return for Financial Institutions (Form 4909). for Financial Institutions Issued under authority of Public Act 38 of 2011. (MM-DD-YYYY) (MM-DD-YYYY) 1. Return is for calendar year 2022 or for tax year beginning: and ending: 2a. Taxpayer Name or Designated Member (DM) if a UBG (print or type) Federal Employer Identification Number (FEIN) 2b. Top-tiered parent entity filing the Federal Financial Institutions Examination Council (FFIEC) report Top-tiered parent entity FEIN 2c. Street Address of Taxpayer or DM 7. Organization Type City State ZIP/Postal Code Country Code Fiduciary C Corp/ S Corp/ LLC C Corp LLC S Corp 3. Principal Business Activity 4. NAICS Code 8a. Affiliated Group Election year (MM-DD-YYYY) (see instructions) 5. Business Start Date in Michigan 6. If a Final Return, Enter Effective End Date Check if filing Michigan Unitary Business Group (UBG) 8b. return. (Include Form 4910.) 9. Apportionment Calculation: a. Michigan Gross Business(if no Michigan Gross Business, enter zero) .. 9a. 00 b. Total Gross Business ................................................................... 9b. 00 c. Apportionment Percentage. Divide line 9a by line 9b ................. 9c. % PART 1: FRANCHISE TAX 10. Total Equity Capital. If less than zero, enter zero ............................................................................................ 10. 00 11. Average daily book value of Michigan obligations. If less than zero, enter zero ............................................. 11. 00 12. Average daily book value of U.S. obligations. If less than zero, enter zero ..................................................... 12. 00 13. Subtotal. Add lines 11 and 12 .......................................................................................................................... 13. 00 14. (Net Capital) Subtract line 13 from line 10....................................................................................................... 14. 00 15. Authorized insurance company subsidiary: enter actual capital fund amount ................................................. 15. 00 16. Minimum regulatory amount required .............................................................................................................. 16. 00 17. Multiply line 16 by 125% (1.25) ....................................................................................................................... 17. 00 18. Enter the lesser of line 15 or line 17 ................................................................................................................ 18. 00 19. Tax Base (Net Capital for Current Taxable Year). Subtract line 18 from line 14 .............................................. 19. 00 20. Apportioned Tax Base. Multiply line 19 by percentage on line 9c ................................................................... 20. 00 21. Multiply line 20 by 0.29% (0.0029) .................................................................................................................. 21. 00 22. Tax Liability after CIT Historic Preservation Credit from Form 5793, line 11. If less than or equal to $100, enter zero .............................................................................................................................................. 22. 00 23. Total Recapture of Certain Business Tax Credits from Form 4902 .................................................................. 23. 00 24. Total Tax Liability. Add lines 22 and 23 ......................................................................................................... 24. 00 + 0000 2022 42 01 27 6 Continue and sign on Page 2. |
2022 Form 4908, Page 2 of 2 Taxpayer FEIN PART 2: PAYMENTS AND TAX DUE 25. Overpayment credited from prior return (MBT or CIT) .................................................................................... 25. 00 26. Estimated tax payments .................................................................................................................................. 26. 00 27. Tax paid with request for extension ................................................................................................................. 27. 00 28. Michigan tax withheld ...................................................................................................................................... 28. 00 29. Total Payments. Add lines 25 through 28 ........................................................................................................ 29. 00 30. TAX DUE. Subtract line 29 from line 24. If less than zero, leave blank ........................................................... 30. 00 31. Underpaid estimate penalty and interest from Form 4899, line 38 .................................................................. 31. 00 32. Annual Return Penalty (see instructions) ........................................................................................................ 32. 00 33. Annual Return Interest (see instructions) ........................................................................................................ 33. 00 34. PAYMENT DUE. If line 30 is blank, go to line 35. Otherwise, add lines 30 through 33 ................................... 34. 00 PART 3: REFUND OR CREDIT FORWARD 35. Overpayment. Subtract lines 24, 31, 32 and 33 from line 29. If less than zero, leave blank (see instructions) ............................................................................................................................................. 35. 00 36. CREDIT FORWARD. Amount on line 35 to be credited forward and used as an estimate for next tax year .. 36. 00 37. REFUND. Subtract line 36 from line 35 ........................................................................................................... 37. 00 Taxpayer Certification. I declare under penalty of perjury that the information in Preparer Certification. I declare under penalty of perjury that this 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 34 Make check payable to “State of Michigan.” and mail check and return to: Print taxpayer’s FEIN, the tax year, and “CIT” PO Box 30803 Michigan Department of Treasury MichiganPO Box 30804Department of Treasury oncheckthetofronttheofreturn.the check. Do not staple the Lansing MI 48909 Lansing MI 48909 + 0000 2022 42 02 27 4 |
Instructions for Form 4908 Corporate Income Tax (CIT) Annual Return for Financial Institutions Purpose michigan.gov/treasuryforms. To calculate tax liability of a financial institution for CIT. NOTE: A UBG may include financial institutions, insurance Every financial institution with nexus with Michigan must companies, and standard taxpayers. A group containing a file an annual return. See MCL 206.653 for nexus thresholds. mixture of these three taxpayer types may be required to file However, a taxpayer whose tax liability is less than or equal to two or more returns to properly report the activities of the $100 does not need to file areturn or pay the tax. different taxpayer types within the group. Financial institution means any the of following: Effects of Public Act 460 of 2018 i. A bank holding company, national a bank, state a chartered Effective with tax years beginning in 2019, PA 460 of 2018 bank, a state chartered savings bank, a federally chartered alters the definition of total equity capital for a financial savings association, or a federally chartered farm credit institution. system institution. Total equity capital is the amount reported by the financial ii. Any entity, other than an entity subject to the tax imposed institution, or in the case of a Unitary Business Group under Chapter 12 (insurance company), that is directly (UBG) of financial institutions, the top-tiered parent entity, on or indirectly owned by an entity described in (i) and is a certain regulatory forms designated by the Federal Financial member the of UBG. Institutions Examination Council (FFIEC) and filed with iii. A UBG entities of described in (i)(ii),oror both. the office of the comptroller of currency, the Federal Deposit Insurance Corporation (FDIC), or the Federal Reserve System. NOTE: Because the definition financial of institution for CIT purposes includes any entity (except an insurance company) A financial institution will use the FFIEC regulatory report for that is owned by a bank or other entity (as described above) the period ending with the financial institution’s fiscal year end. a member of a UBG with its owner, this may cause an and is Likewise, for a unitary business group of financial institutions, that not is commonly thought financial of as a institution entity the taxpayer uses the FFIEC regulatory report for the period be treated as one for return filing purposes. A UBG of to ending with the top-tiered-parent entity’s fiscal year end. If the institutions must file a combined return on Form financial financial institution or top-tiered parent entity does not submit that includes each member the of group that financial is a 4908 a report for the period ending that coincides with its fiscal year institution. end, the taxpayer should use the last FFIEC regulatory report issued during its fiscal year. Taxpayer Certification A return filed by a UBG must be signed by an individual The Michigan Department of Treasury provides additional authorized sign to on behalf the of DM. Provide the telephone guidance on these changes in Revenue Administrative number that of individual the at DM’s office. Bulletin (RAB) 2019-22, available at michigan.gov/treasury . Select “Reports & Legal” near the top of the page, then click The Affiliated Group Election on “Revenue Administrative Bulletins.” RABs are posted according to the year in which they are issued. The affiliated group election allows a group of persons that satisfy the definition “affiliated of group,” (see below) toelect to Instructions for Unitary Business Groups be treated UBG as a under the CIT even those if persons do not satisfy the relationship test MCL of 206.611(6). The relationship All financial institution members of a Unitary Business test is discussed the in “UBGs and Combined Filing” section of Group (UBG) must file a combined Form 4908 for the group Form 4907, and online at www.michigan.gov/taxes. with a Designated Member (DM) that must be the controlling member ofthe group, unless the controlling member does not The affiliated term group means that term as defined in section have nexus with Michigan. If that is the case, the controlling 1504 of except that 1) the IRC the term includes all United member may appoint a group member with nexus to serve as States persons that are corporations, insurance companies, the DM. or financial institutions, other than a foreign operating entity, and 2)the entities listed in (1) are commonly owned, directly NOTE: The DM may be an entity other than the top-tiered or indirectly, by any member such of affiliated group and other parent entity the if top-tiered parent entity does not have nexus members of which more than 50 percent of the ownership with Michigan. that In case, the top-tiered parent entity’s total interests with voting rights or ownership interests that confer equity capital and tax year still is used calculate to the tax base. comparable rights voting to rights the of member isdirectly or indirectly owned common by a owner owners. or UBGs: Complete the CIT Unitary Business Group Combined Filing Schedule for Financial Institutions (Form 4910) before A taxpayer makes the election by affirmatively indicating on so beginning Form 4908. the annual return (see line 8a). The affiliated group members are treated as members of a UBG for all purposes. Once an For more information on UBGs, see the CIT Forms and Instructions for Financial Institutions (Form 4907), or go election is made, it is irrevocable and binding for the tax year plus the next 9 tax years. See MCL 206.691(2) for more online to the Department of Treasury Web site at www. information. 9 |
Line-by-Line Instructions for the financial institutions. Enter the FEIN of the DM of the financial group. Lines not listed are explained on the form. Line 2b: For use by UBGs only: Enter the name of the top- Dates must be entered in MM-DD-YYYY format. tiered parenty entity filing the FFIEC report, and that entity’s For periods less than 12 months, see “General Information FEIN. This may be different from the entity named in line 2a if for Financial Institutions” in the Michigan CIT for Financial the top-tiered entity does not have nexus with Michigan. Institutions booklet, Form 4907. Line 2c: Enter the street address of the taxpayer or, in the case Amended Returns: To amend a current or prior year return, of a UBG, the DM. complete the CIT Amended Return for Financial Institutions FOREIGN FILERS: Complete the address fields as follows: (Form 4909) that is applicable for that year, and attach a separate sheet explaining the reason for the changes. Include a copy Address: Enter the postal address for this taxpayer. of an amended federal return or a signed and dated copy of City: Enter the city name for this taxpayer. DO NOT the Internal Revenue Service (IRS) audit report, if applicable. include the country name in this field. Submit a complete amended return including all necessary attachments. Do not include a copy of the original return with State: Enter the two-letter state or province abbreviation. your amended return.Find detailed instructions on Form 4909. If there is no applicable two-letter abbreviation, leave this field blank. Line 1: Unless a calendar year, enter the beginning and ending dates (MM-DD-YYYY) that correspond to the taxable period ZIP/Postal Code: Enter the ZIP Code or Postal Code. as reported to the IRS. Country Code: Enter the two-letter country code Tax year means the calendar year, or the fiscal year ending provided in this tax booklet. during the calendar year, upon the basis of which the tax base Line 3: Enter a brief description of the principal types of of a taxpayer is computed. If a return is made for a fractional financial services in which the taxpayer is engaged. part of a year, tax year means the period for which the return covers. Generally, a taxpayer’s tax year is for the same period Line 4: Enter the entity’s six-digit North American Industry as is covered by its federal income tax return. Classification System (NAICS) code. For a complete list of six-digit NAICS codes, see the U.S. Census Bureau Web site Line 2a: Enter the taxpayer’s name and Federal Employer at www.census.gov/eos/www/naics/, or enter the same NAICS Identification Number (FEIN) in the appropriate fields. Be sure code used when filing the entity’s federal Form 1120, Schedule to use the same account number on all forms. The taxpayer FEIN K, federal Form 1120S, or federal Form 1065. from page 1must be repeated in the proper location on page 2. UBGs: Enter here the NAICS for the principal activity of the For CIT, taxpayer means a corporation, insurance company, group. If no principal activity is available, enter the NAICS financial institution, or a UBG liable for tax, interest, or code used when filing the DM’s federal Form 1120, Schedule penalty. K; federal Form 1120S; or federal Form 1065. NOTE: Unless already registered, taxpayers must register Line 5: Enter the start date of first business activity in Michigan. with the Michigan Department of Treasury before filing a tax return. Taxpayers are encouraged to register online at Line 6: Enter the date, if applicable, on which the taxpayer www.michigan.gov/businesstaxes . Taxpayers that register went out of business. with Treasury online receive their registration confirmation Line 7: Check the box that describes the DM’s organization within seven days. type. A Trust or a Limited Liability Company (LLC) should If the taxpayer does not have an FEIN, the taxpayer must check the appropriate box based on its federal return. obtain an FEIN before filing the CIT. The Web site NOTE: For CIT purposes, a disregarded entity is treated as a www.michigan.gov/businesstaxes provides information on part of its owner. obtaining an FEIN. Line 8a: Enter here the end date — in an MM-DD-YYYY Returns received without a registered account number will format — of the tax year in which the affiliated group not be processed until such time as a number is provided. election was first made . The election lasts 10 years and is Enter the two-digit abbreviation for the country code. See the irrevocable. list of country codes in Form 4907. Calendar year filers that made this election beginning 2013, and Any refund or correspondence from this return will be sent to fiscal filers that made this election beginning with the 2013- the address used on this form. The taxpayer’s primary address 14 fiscal year, completed the Michigan Corporate Income Tax in Treasury files, identified as the legal address and used for all Affiliated Group Election to File as a Unitary Business Group purposes other than refund and correspondence on a specific (Form 5114) to make the election. Enter here the end date — in CIT return, will not change unless the taxpayer files a Notice of an MM-DD-YYYY format — of the tax year for which Form Change or Discontinuance (Form 163). 5114 was filed. UBGs: In the Taxpayer Name field, enter the name of the DM Taxpayers that first made this election beginning calendar year 2014 or later do not use Form 5114 , which is now 10 |
discontinued. Instead, make the election on this line of the which the loan is secured is not located within any one return filed for the first year of the election, by entering the end state but the borrower is located in Michigan. date of that filing period in an MM-DD-YYYY format. ○ For a loan not secured by real property, the borrower is Line 8b: Check this box if filing a Michigan UBG return and located in Michigan. include Form 4910. • Receipts from services are in Michigan if the recipient of the Lines 9a through 9c: A taxpayer may apportion on lines services receives all of the benefit of the services in Michigan. If 9a through 9c only if its business activities are subject to tax the recipient of the services receives some of the benefit of the both within and outside of Michigan. A financial institution is services in Michigan, the receipts are included in the numerator subject to tax in another state, as that term is used here, only if: of the apportionment factor in proportion to the extent that the recipient receives benefit of the services in Michigan. • It is subject to a Business Privilege Tax, aNet Income Tax, a • Receipts from investment assets and activities and trading Franchise Tax measured by net income, aFranchise Tax for the assets and activities, including interest and dividends, are in privilege of doing business, or a corporate stock tax or a tax of Michigan if the financial institution’s customer is in Michigan. the type imposed under the Income Tax Act in that other state; If the location of the financial institution’s customer cannot be OR determined, both of the following apply: • That other state has jurisdiction to subject the financial institution to one or more of the taxes listed above regardless ○ Interest, dividends, and other income from investment of whether that state does or does not subject the financial assets and activities and from trading assets and institution to such atax. activities, including, but not limited to, investment securities; trading account assets; federal funds; Gross Business means the sum of the following less transactions securities purchased and sold under agreements between those entities included in a UBG: to resell or repurchase; options; futures contracts; i. Fees, commissions, or other compensation for financial forward contracts; notional principal contracts such as swaps; equities; and foreign currency transactions services. are in Michigan if the average value of the assets is ii. Net gains, not less than zero, from the sale of loans and assigned to a regular place of business of the taxpayer other intangibles. in Michigan. Interest from federal funds sold and iii. Net gains, not less than zero, from trading in stocks, bonds, purchased and from securities purchased under resale or other securities. agreements and securities sold under repurchase iv. Interest charged to customers for carrying debit balances of agreements are in Michigan if the average value of margin accounts. the assets is assigned to a regular place of business of v. Interest and dividends received. the taxpayer in Michigan. The amount of receipts and other income from investment assets and activities is vi. Any other gross proceeds resulting from the operation as a in Michigan if assets are assigned to a regular place of financial institution. business of the taxpayer in Michigan. Gross Business is in Michigan to the extent: ○ The amount of receipts from trading assets and • Receipts from credit card receivables including interest and activities, including, but not limited to, assets and fees or penalties in the nature of interest from credit card activities in the matched book, in the arbitrage book, receivables and receipts from fees charged to credit card and foreign currency transactions, but excluding holders such as annual fees are in Michigan if the billing amounts otherwise sourced in this section, are in address of the credit card holder is located in Michigan. Michigan if the assets are assigned to a regular place of business of the taxpayer in Michigan. • Credit card issuer’s reimbursement fees are in Michigan if the billing address of the credit card holder is located in • Interest charged to customers for carrying debit balances Michigan. on margin accounts without deduction of any costs incurred in carrying the accounts is in Michigan if the customer is • Receipts from merchant discounts are in Michigan if the located in Michigan. commercial domicile of the merchant is in Michigan. • Interest from loans secured by real property is in Michigan • Loan servicing fees are in Michigan under any of the if the property is located in Michigan, if the property is following circumstances: located both within Michigan and one or more other states ○ For a loan secured by real property, if the real property and more than 50 percent of the fair market value of the real for which the loan is secured is in Michigan. property is located in Michigan, and if more than 50 percent ○ For a loan secured by real property, if the real property of the fair market value of the real property is not located for which the loan is secured is located both in Michigan within any one state but the borrower is located in Michigan. and in one or more other states and more than 50 percent • Interest from loans not secured by real property is in of the fair market value of the real property is located in Michigan if the borrower is located in Michigan. Michigan. • Net gains from the sale of loans secured by real property ○ For a loan secured by real property, if more than 50 or mortgage service rights relating to real property are in percent of the fair market value of the real property for Michigan if the property is in Michigan, if the property is located both within Michigan and one or more other states 11 |
and more than 50 percent of the fair market value of the real Line 15: Enter the equity capital included in the financial property is located in Michigan, or if more than 50 percent institution equity capital (and included in line 10) of an of the fair market value of the real property is not located in insurance company owned by the taxpayer, to the extent that any one state, but the borrower is located in Michigan. the equity capital (the financial institution’s investment) is • Net gains from the sale of loans not secured by real property included in line 10. Consider only insurance companies as or any other intangible assets are in Michigan if the defined in MCL 206.607 and subject to the Michigan’s CIT depositor or borrower is located in Michigan. premiums tax, which does not include captive insurance • Receipts from the lease of real property are in Michigan if companies. For purposes of this deduction, equity capital is the property is located in Michigan. calculated in accordance with Generally Accepted Accounting • Receipts from the lease of tangible personal property are in Principles. Michigan if the property is located in Michigan when it is UBGs: Sum the entries of all UBG members from Form 4910, first placed in service by the lessee. line 16, and enter the totals here. • Receipts from the lease of transportation tangible personal property are in Michigan if the property is used in Michigan Line 16: Enter the minimum regulatory capitalization or if the extent of use of the property in Michigan cannot requirements of the insurance company, which are fixed be determined but the property has its principal base of statutory minimums set forth in Michigan’s Insurance Code of operations in Michigan. 1956. UBGs: Carry amount from Form 4910, Part 2A, line 2C, to line UBGs: Sum the entries of all UBG members from Form 4910, 9a, and the amount from Form 4910, line 3C, to line 9b. line 17, and enter the totals here. PART 1: FRANCHISE TAX Line 18: Enter the lesser of line 15a or line 15c. Line 10: Total equity capital is defined as the amount reported UBGs: Sum the entries of all UBG members from Form 4910, by the financial institution or, in the case of a unitary business line 19, and enter the totals here. group of financial institutions, the top-tiered parent entity, on If not claiming the CIT Historical Preservation Tax Line 22: certain regulatory forms designated by the FFIEC and filed carry the amount from line 21 to line 22.. Credit, with the office of the comptroller of currency, the FDIC, or the Federal Reserve System. The appropriate regulatory form from PART 2: PAYMENTS AND TAX DUE which total equity capital is reported depends on the size and Line 25: Enter overpayment credited from prior MBT or CIT nature of the reporting entity. The forms currently designated return. by the FFIEC and required by the CIT are: UBGs: Sum the entries of all UBG members on Form 4910, • The consolidated financial statement for holding companies, line 22. FR Y-9C. Line 26: Enter the total estimated CIT tax paid with the CIT • The parent company only financial statements for small Quarterly Tax Return (Form 4913) or the amount of estimated holding companies, FR Y-9SP. CIT tax paid through Electronic Funds Transfer. Include all • To the extent that FR Y-9C or FR Y-9SP are not filed for the payments made on returns that apply to the tax year included in tax year, the consolidated reports of condition and income, call this return. reports, FFIEC 031, 041, or 051. UBGs: Sum the entries of all UBG members on Form 4910, If any of these reports is no longer designated by FFIEC for line 23. filing, a financial institution will report that amount of total 27: Enter tax paid with the equity capital reported on a successor form or a report similar Line Application for Extension of in content and designated by the FFIEC. Time to File Michigan Tax Returns (Form 4). Line 11: Michigan obligations means a bond, note, or other UBGs: Sum the entries of all UBG members on Form 4910, obligation issued by agovernmental unit described in Section 3 line 24. of the Shared Credit Rating Act, Public Act 227 of 1985, MCL Line 28: Report here Michigan Tax withheld for deferred 141.1053. compensation plans, life insurance and/or lottery annuities UBGs: Sum the entries of all UBG members from Form 4910, issued to a business account number through MCL 206.703(1). line 14, and enter the totals here. Taxpayers can enter the Michigan Tax withheld reported on the W-2G and/or 1099R. Line 12: United States obligations means all obligations of the United States exempt from taxation under 31 USC 3124(a) Also report any credit for the taxpayer’s allocated share of or exempt under the United States constitution or any federal Michigan flow-through entity (FTE) tax levied on and paid by statute, including the obligations of any instrumentality or an electing flow-through entity. Such an electing flow-through agency of the United States that are exempt from state or local entity should be indirectly owned by this taxpayer. Include a taxation under the United States Constitution or any statute of copy of the Schedule K-1 with the Schedule K-1 notes, or other the United States. supporting documentation received from the electing flow- through entity, to support the credit claimed on this line. UBGs: Sum the entries of all UBG members from Form 4910, line 15, and enter the totals here. UBGs: Sum the entries for all members on Form 4910, line 25, and enter the totals here. 12 |
Line 31: If penalty and interest are owed for failure to make Reminder: Taxpayers must sign and date returns. Tax sufficient and timely estimated payments, complete the CIT preparers must provide a Preparer Taxpayer Identification Penalty and Interest Computation for Underpaid Estimated Number (PTIN), FEIN or Social Security number (SSN), a Tax (Form 4899) to compute penalty and interest due. If abusiness name, and abusiness address and phone number. taxpayer chooses not to file this form, Treasury will compute penalty and interest and bill for payment. (Form 4899 is Other Supporting Forms and Schedules available on the Web at www.michigan.gov/taxes.) Federal Forms: Attach copies theseof forms theto return. Line 32: Refer to the “Computing Penalty and Interest” • The consolidated financial statement for holding companies, section in Form 4907 to determine the annual return penalty FR Y-9C. rate and use the following Overdue Tax Penalty worksheet. • parent company only financial statements for small The holding companies, FR Y-9SP. WORKSHEET – OVERDUE TAX PENALTY • To the extent that FR Y-9C or FR Y-9SP are not filed for the A. Tax due from Form 4908, line 30........ 00 tax year, the consolidated reports of condition and income, B. Late/extension or insufficient call reports, FFIEC 031, 041, 051.or payment penalty percentage ................ % • A report similar contentin and designated theby FFIEC. C. Multiply line A by line B..................... 00 Carry amount from line C to Form 4908, line 32. Line 34: Use the following worksheet to calculate Overdue Tax Interest. WORKSHEET – OVERDUE TAX INTEREST A. Tax due from Form 4908, line 30........ 00 B. Applicable daily interest percentage .... % C. Number of days return was past due ... D. Multiply line B by line C .................... E. Multiply line A by line D .................... 00 Carry amount from line E to Form 4908, line 33. NOTE: If the late period spans more than one interest rate period, divide the late period into the number of days in each of the interest rate periods identified in the “Computing Penalty and Interest” section in Form 4907, and apply the calculations in the Overdue Tax Interest worksheet separately to each portion of the late period. Combine these interest subtotals and carry the total to Form 4908, line 33. PART 3: REFUND OR CREDIT FORWARD Line 35: If the amount of the overpayment, less any penalty and interest due on lines 31, 32 and 33 is less than zero, enter the difference (as apositive number) on line 34. NOTE: If an overpayment exists, a taxpayer must elect a refund of all or a portion of the amount and/or designate all or a portion of the overpayment to be used as an estimate for the next CIT tax year. Complete lines 36 and 37 as applicable. Line 36: If the taxpayer anticipates a CIT liability in the filing period subsequent to this return, some or all of any overpayment from line 35 may be credited forward to the next tax year as an estimated payment. Enter the desired amount to use as an estimate for the next CIT tax year. Line 37: Enter the amount of refund requested. 13 |
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Michigan Department of Treasury Attachment 13 4910 (Rev. 03-22), Page 1 of 3 2022 MICHIGAN Corporate Income Tax Unitary Business Group Combined Filing Schedule for Financial Institutions Issued under authority of Public Act 38 of 2011. IMPORTANT: Read the instructions before completing this form Designated Member Name Federal Employer Identification Number (FEIN) PART 1: UNITARY BUSINESS GROUP (UBG) MEMBERS List the UBG members whose activity is included on the combined return supported by this form, beginning with the Designated Member (DM). If more than one page is needed, on each additional page repeat the DM’s name and FEIN in the field at the top of the page, but not on line 1. Persons included in the Federal Financial Institutions Examination Council (FFIEC) report that are not members of the UBG are listed in Part 5. 1. A B Member Name FEIN PART 2A: APPORTIONMENT DATA FOR COMBINED RETURN If more than one page is needed to complete Part 1, duplicate answers on lines 2 and 3 on all copies of this page. NOTE: Complete line 20 and line 21 for each UBG A B C member before completing line 2 and line 3 for the Gross Business of UBG Gross Business of UBG group. Mem. Before Eliminations Eliminations Mem. After Eliminations 2. Michigan Gross Business. Carry 2C to Form 4908, line 9a .... 3. Total Gross Business. Carry 3C to Form 4908, line 9b ......... + 0000 2022 46 01 27 8 Continue on Page 2 |
2022 Form 4910, Page 2 of 3 Designated Member FEIN PART 2B: MEMBER DATA FOR COMBINED RETURN — Complete a separate copy of Part 2B for each UBG member listed in Part 1. 4. Member Name Member FEIN Check if the equity of this UBG member is not included in the Federal Financial Institutions Examination Council (FFIEC) report. If checked, complete line 5 through line 13 and line 20 through line 25, and do not complete line 14 through line 19. (See instructions.) 5. Member Address (Street) 10. Organization Type City State ZIP/Postal Code Fiduciary S Corporation / LLC S Corporation Beginning Ending C Corporation / Partnership / LLC C Corporation LLC Partnership 6. Federal tax period included in return (MM-DD-YYYY) .......................... 11. Check if nexus 12. Check if 7. If part year member, enter with Michigan. new member. membership dates (MM-DD-YYYY) ..... 8. NAICS Code 9. If a Final Return, Enter Effective End Date 13. Check if member only by Affiliated Group Election FRANCHISE TAX BASE 14. Average daily book value of MI obligations. If less than zero, enter zero ........................................................ 14. 00 15. Average daily book value of U.S. obligations. If less than zero, enter zero ....................................................... 15. 00 16. Authorized insurance company subsidiary: enter actual capital fund amount ................................................. 16. 00 17. Minimum regulatory amount required .............................................................................................................. 17. 00 18. Multiply line 17 by 125% (1.25) ....................................................................................................................... 18. 00 19. Enter the lesser of line 16 or line 18 ................................................................................................................ 19. 00 MEMBER GROSS BUSINESS 20. Michigan Gross Business. Sum line 20 entries of all UBG members and carry total to Part 2A, line 2A ........ 20. 00 21. Total Gross Business. Sum line 21 entries of all UBG members and carry total to Part 2A, line 3A ............... 21. 00 PAYMENTS. See instructions 22. Overpayment credited from prior period return (MBT or CIT) ......................................................................... 22. 00 23. Estimated tax payments .................................................................................................................................. 23. 00 24. Tax paid with request for extension ................................................................................................................. 24. 00 25. Michigan tax withheld ...................................................................................................................................... 25. 00 + 0000 2022 46 02 27 6 Continue on Page 3 |
2022 Form 4910, Page 3 of 3 Designated Member FEIN PART 3: AFFILIATES EXCLUDED FROM THE COMBINED RETURN OF FINANCIAL INSTITUTIONS List every entity, with or without nexus, that meets the ownership test but is excluded from this return for one of the reasons listed in the instructions for Line 26D. See instructions. If an entity listed here is part of a federal consolidated group, attach a copy of federal Form 851. 26. A B C D E F Number From Reason Check (X) if Federal Form 851 Code for Nexus with (if applicable) Name FEIN Exclusion Michigan NAICS Code PART 4: PERSONS INCLUDED IN THE PRIOR COMBINED RETURN, BUT EXCLUDED FROM CURRENT RETURN List each member included in the immediately preceding combined return of this DM that is not included on the return supported by this form. An entity that satisfies the criteria of Part 3 and Part 4 should be listed in each part. See the instructions for Line 27C for a list of reason codes. 27. A B C Name FEIN Reason This Entity Is Not on Current Return PART 5: PERSONS INCLUDED IN THE FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL (FFIEC) REPORT THAT ARE NOT MEMBERS OF THE UBG If a company is included in the top-tiered parent entity’s FFIEC report (that company’s equity is included as part of the total equity capital of the return supported by this form), yet that company does not meet either the control test or relationship test required to be a UBG member, list that company here. (See instructions.) 28. A B Person Name FEIN + 0000 2022 46 03 27 4 |
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Instructions for Form 4910 Corporate Income Tax (CIT) Unitary Business Group Combined Filing Schedule for Financial Institutions Purpose combined return on Form 4908 with Form 4910 filed in support. The purpose of this form is to: Form 4910 is used to gather and combine data from each • Identify all members of a Unitary Business Group (UBG) financial institution member theof UBG supportto the group’s that are reporting on this return, as well as other entities related Form 4908 and related forms. This form must be completed in various ways to the UBG taxpayer. before the group’s Form 4908 and related forms are completed. • Gather, on a separate basis, data for each UBG member in a Financial institutions include any of the following: financial institution combined return. ○ A bank holding company, a national bank, a state NOTE:This is not the primary return. It is designed to support bank, statea chartered savings bank, federallya chartered the CIT Annual Return for Financial Institutions (Form 4908) savings association, or a federally chartered chartered submitted on behalf of the UBG by the Designated Member credit system institution. farm (DM). Even if there is only one financial institution member in a UBG, that member must file this form in support of its ○ Any person, other than a person subject to the Form 4908. See “Filing Procedures for UBGs” later in these tax imposed under Chapter 12 of the Income Tax Act instructions for guidance. (Insurance Tax), that is directly or indirectly owned by an entity described above and is a member of the UBG. General Information About UBGs in CIT ○ A UBG of entities described in either or both of the Unitary Business Group means a group of United States preceding two bullets. persons that are corporations, insurance companies, or NOTE: Because the definition of financial institution for CIT financial institutions, other than foreign a operating entity, that purposes includes any entity (except an insurance company) satisfies the control test and relationship test. If an Affiliated that is owned by abank or other entity (as described above) and Group Election is made (see instructions for Form 4891), is a member UBGof a with owner,its this may cause an entity the UBG also includes all members of the affiliated group, that is not commonly thought financialof as a institution beto as defined in Internal Revenue Code (IRC) § 1504(1) except treated oneas for return filing purposes. that the group includes only US persons (no foreign persons or foreign operating entities) that are corporations, financial To complete this form and prepare combineda return, the UBG institutions or insurance companies that satisfy the control must select DM.a For purposes combinedof a return filed by test and have made the election to file as a UBG. Once the financial institution members of a UBG, Designated Member election is made, the Affiliated Group istreated as UBGa for means a financial institution member that has nexus with all purposes. Michigan and that will file the combined CIT return on behalf of all financial institution members of the UBG. If the financial United States person is defined IRCin § 7701(a)(30). institution member that owns or controls the other financial A foreign operating entity means a United States corporation institution members has nexus with Michigan, that controlling that would otherwise be a part of a UBG that is taxable in member must serve DM.as Michigan; has substantial operations outside the United States, If that controlling member does not have nexus with Michigan, the District of Columbia, any territory or possession of the it may appoint any financial institution member of the UBG United States except for the commonwealth Puertoof Rico, or nexus to serve as DM. That DM must continue to serve with a political subdivision of the foregoing; and at least 80 percent as such every year, unless it ceases to be a UBG member or the of its income is active foreign business income as defined in member attains Michigan nexus. controlling IRC § 871(l )(1)(B)(ii). The DM may be an entity other than the top-tiered parent For more information on UBGs, see “UBGs and Combined entity if the top-tiered parent entity does not have nexus with Filing” in Corporate Income Tax for Financial Instituitions Michigan. In that case, the top-tier parent entity’s total equity Booklet (Form 4907). Additional information can be found capital is still used to calculate the tax base. under the “Corporate Income Tax” page at www.michigan. gov/taxes . Revenue Administrative Bulletin (RAB) 2018-12, If a UBG is comprised of both standard members (not owned Unitary Business Group Control Test And Relationship Tests, by and unitary with a financial institution in the UBG) and is available under the “Reports and Legal” page. financial institutions, the UBG will have two DMs (one for the standard members completing Form 4891 and related forms, Filing Procedures for UBGs and one for the financial institution members completing Form 4908 and related forms). By definition, a UBG can include standard taxpayers, insurance companies, and financial institutions. In some If this UBG also includes standard and/or insurance company cases, however, not all members of the UBG will be included members, those members will not report tax data on this form, on the same return. Financial institution members file a but will belisted as excluded affiliates Partin 3. 19 |
Standard members will combine and report their data using Line-by-Line Instructions CIT Unitary Business Group Affiliates Excluded from the Lines not listed are explained on the form. Return of Standard Taxpayers (Form 4896), CIT Data for Unitary Business Group Members (Form 4897), and CIT Dates must beentered in MM-DD-YYYY format. Annual Return (Form 4891). For additional guidance, see the “Supplemental Instructions NOTE: Insurance company members will file separately, using for Financial Members in UBGs” in the CIT Forms and Insurance Company Annual Return for Corporate Income and Instructions for Financial Institutions (Form 4907). Retaliatory Taxes (Form 4905). Because insurance companies Part 1: Unitary Business Group Members always file separately, rather than on a combined return, there is CITno insurance form that serves a function similar to that In Part 1, list only those members of the UBG that are of Forms 4897 and 4910. included on the annual return that supported is by this form. If more than 16 members, include additional copies of this page ofForm 4910 as needed, repeating the DM’s name and Example A: UBG A is composed of the following: FEIN inthe field at the top of each page. All excluded UBG • Four standard members members will beidentified in Part 3. • Three financial institutions (all have nexus in Michigan) The Designated Member FEIN from the top ofpage 1 must be • Two insurance companies. repeated the in proper location onpages 2 and 3. All members of UBG A are owned by and unitary with Lines 1A and 1B: Beginning with the DM, list the UBG one of the standard members of the UBG. UBG A will financial institution members and their corresponding FEIN. need to file Form 4896, Form 4897 and Form 4891 A taxpayer that is a UBG must file a combined NOTE: containing the four standard members and Form 4910 and using the tax year of the DM. The combined return of return Form 4908 containing the three financial institutions. In UBG must include each tax year of each member whose the Part 1 of each form, only the members that are included on year ends with or within the tax year of the DM. For tax that form (either the four standard members, or the three example, Taxpayer ABC is a UBG comprised of three financial financial institutions) will be listed. Form 4896 and Form institutions: Member A, the DM with calendar a tax year, and 4897 with standard members will be filed under the name Members B and C with fiscal years ending March 31, 2019, and Federal Employer Identification Number (FEIN) of and September 30, 2019, respectively. Taxpayer ABC’s tax the group’s standard DM. One of the financial institutions year is that of its DM. Thus, Taxpayer ABC’s tax year ends will serve as DM for those three members and file Form December 31, 2019, and annual its return due is April 30, 2020. 4910 and Form 4908. On Form 4896, list all financial That annual return must include the tax years of Members B and insurance members. On Part 3 of Form 4910, list all and C ending March 31, 2019, and September 30, 2019. standard and insurance members. The two insurance companies each will file astand-alone Form 4905. If, inthe previous example, Member A, the DM, instead had a fiscal year ending July 31, 2023, the UBG’s tax year would end Example B: UBG B is composed of the following: July 31, 2023, and annual its return would due be November 30, 2023. The combined return for the UBG would include Member • Four members that would be standard (see below) unless owned by a financial institution A’s tax year of August 1, 2022 through July 31, 2023, Member B’s tax year of April 1, 2022 through March 31, 2023 and • Three financial institutions (all have nexus in Michigan) Member C’s tax year ofOctober 1, 2021 through September 30, • Two insurance companies. 2022. All members of UBG B are owned by and unitary with Part 2A: Apportionment Data for Combined Return one of the financial institutions in the UBG. Due to this When completing Part 1, if multiple copies of this page are ownership by a financial institution, the four members that required, provide the same answers to Part 2A, lines 2 and 3, otherwise would be standard are defined by statute to be on each copy this of page that submitted. is financial institutions. (See definition of financial institution in these instructions.) Therefore, this UBG will not Line 2: Gross business is defined in the instructions on earlier file a Form 4896, Form 4897, or Form 4891. Seven members Form 4908, line 9a. On a combined return, gross business is will file a combined return on Form 4908 and Form 4910, calculated after eliminating transactions between financial listing the two insurance members as excluded affiliates on institution members of the UBG. Enter combined gross Part 3 of Form 4910. The two insurance companies each business in Michigan of all financial institution members will file astand-alone Form 4905. on line 2A, show eliminations on line 2B, and show net after eliminations on line 2C. The combined gross business in Michigan equals the sum of line 17 of Form 4910 of every Role of the Designated Member: The DM speaks, acts, and member the of group. files the CIT return on behalf of the UBG for CIT purposes. Only the DM may file a valid extension request for the UBG. Carry amount from line 2C toline 9a Form on 4908. Treasury maintains the UBG’s CIT tax data (e.g., prior CIT NOTE: For a UBG that includes financial institutions, gross returns, overpayment credit forward) under the DM’s name and business includes gross business in Michigan of every financial FEIN. 20 |
institution included thatin UBG without regard whetherto the business in Michigan. To complete the discontinuance for financial institution has nexus in Michigan. Gross business Michigan taxes, file Form 163, which is available at www. between financial institutions included in a UBG must be michigan.gov/treasuryforms. eliminated calculating in the gross business factor. Line 10: Identify the organization type of this member: Line 3: Enter all gross business everywhere on line 3A, show • Fiduciary (a decedent’s estate, and a Trust taxed federally eliminations line on 3B, and show net after eliminations line on 3C. as a Trust under Subchapter J of the IRC. A grantor Trust or The gross business everywhere the of UBG equals the sum line of “revocable living Trust” established byIndividualan is not taxed 18 Formof 4910 every of member the of group. as a separate entity, and notis within this Fiduciary category.); Carry amount from line 3C toline 9b on Form 4908. • C Corporation (including LLC, an Trust, other or entity taxed federally as a Corporation under Subchapter C of the IRC). Part 2B: Member Data for Combined Return • S Corporation (including an LLC, Trust, or other entity taxed In all cases with one or more financial institutions in a UBG, federally as a Corporation under Subchapter S of the IRC). complete one copy of Part 2B for each financial institution in the UBG. Note that entity an that would otherwise standard be a • Partnership (including an LP, LLP, LLC, Trust, anyor other member but owned is by and unitary with financial a institution entity taxed federally Partnership).as a is defined by statute to be a financial institution. If a financial institution member (other than the DM) has two or more federal NOTE: An entity that is disregarded for federal income tax purposes also will be disregarded for Michigan CIT purposes. tax periods ending with within or the filing period this of return, Therefore, as with the federal treatment, the activity of such use a separate copy Partof 2B for each thatof member’s federal an entity will be included and reported on the return (or on periods. Form 4910) filed by the entity’s owner, as if that activity was NOTE: All UBG members must be reported Part in 2B. the If conducted directly theby owner. equity ofa UBG member is NOT INCLUDED inthe FFIEC Line 11: If this member has nexus with Michigan, check this report, check the box under line then 4, complete line through 5 box. line 13, and line 17 through line 21. DO NOT complete line 14 though line 16c, which is used to calculate the deductions Line 12: This line does not apply theto first CIT return filed from total equity capital. These deductions may only be taken by this UBG. For subsequent tax periods, check this box if this by UBG members that have equity included in the total equity member was not included in the UBG’s preceding CIT return. capital reported on the designated regulatory report. Line 13: For informational and statistical purposes, please Line 6: List the member’s tax year, for federal income tax check (with X)an this box theif following two conditions exist: purposes, from which business activity is being reported on 1) The group to which this member belongs is a UBG by this copy of Part 2B. way of the Affiliated Group Election (line 8a on Form Line 7: If due acquisitionto or disposition the control test and 4908 is filled), AND relationship test were not both satisfied for this member’s entire federal tax year, enter the beginning and ending dates of the 2) The member for which this form beingis filed does NOT period within this member’s federal tax year during which both meet both the relationship & traditional control UBG tests were satisfied. If this member is part of a UBG based on tests. the affiliated group election, and was not amember of the UBG See the instructions for CIT Annual Return for Financial for this member’s entire federal tax year, enter the beginning Institutions (Form 4908) for further information about the and ending dates the of period within this member’s federal tax election. If this box is checked, Form 4908, line 8a, MUST year during which the control test was satisfied. These dates contain a date. Once an election is made, every person that constitute a short tax period for CIT purposes, even ifthere is meets the definition of “affiliated group,” which includes no corresponding short federal tax period. This member must meeting the affiliated group ownership test, is amember of the prepare a pro forma federal return calculation for the portion of UBG by way of the Affiliated Group Election (i.e., criterion its federal year during which itwas a member thisof UBG, and #1 is met). The ownership test for an affiliated group may be use that pro forma calculation theas basis for reporting the tax different than the control test for non-affiliated group UBGs. data required Partby 2B. Further, the determination of members of a CIT affiliated Line 8: Enter the taxpayer’s six-digit North American Industry group is made without regard to whether the relationship test Classification System (NAICS) code. For completea list six-of is met. For informational and statistical purposes, indicate digit NAICS codes, see the U.S. Census Bureau Web site at whether the member for which this form is filed would meet www.census.gov/eos/www/naics/ , or enter the same NAICS the traditional UBG tests had the group not made the Affiliated code used when filing Schedule K U.S.of Form 1120. Group Election. Line 9: Enter the date, if applicable, on which this member Franchise Tax Base went out of existence. Examples include dissolution of an entity NOTE: In completing the combined return, a member of a and a merger in which this member was not the surviving business group of financial institutions eliminates its unitary entity. Include any event in which the FEIN ceases to be used investment in the positive Equity Capital of other members by this entity. If this member continues to exist, DO NOT of the same group. Eliminations occur to Equity Capital at use this column to report that this member has stopped doing 21 |
the member level. Because each member of the group must payments made by that member for any portion of its federal compute the Net Capital tax base in accordance with GAAP, filing period that included is on this group return. each member should represent a positive zero or Equity Capital before Eliminations. For example, if a non-DM member has a 12-month fiscal year beginning April 1, 2013, and is a member of a calendar year Line 14: Under MCL 206.651(k), Michigan obligations means UBG throughout that period, its business activity from April a bond, note, other or obligation issued by governmentala unit 1, 2013, through March 31, 2014, will be reported on the described inSection 3 the of Shared Credit Rating Act, PA 227 group’s December 31, 2014, return. If that member pays CIT of 1985, MCL 141.1053. quarterly estimates based on its federal tax year, it will make Sum the entries of all UBG members on line 14 and carry to two estimates during 2013, before the DM’s (and group’s) filing Form 4908, line 11. period begins. Because those estimates are attributable to Line 15: United States obligations means all obligations of activity that will be reported on the group’s December 31, 2014, the United States exempt from taxation under 31 USC 3124(a) return, they should be included on the paying member’s copy of or exempt under the United States constitution or any federal Part 2B for the December 31, 2014, group return. statute, including the obligations of any instrumentality or Sum the entries of all UBG members on line 23 and carry to agency the of United States that are exempt from state local or Form 4908, line 26. taxation under the United States constitution or any statute of the United States. Line 24: Only the DM may request filing a extension for UBG. a If any other member submits an extension request, it will not Sum the entries of all UBG members on line 15 and carry to a valid extension for the UBG, but any payment included create Form 4908, line 12. with such request a can becredited to the UBG by entering that Line 16: Enter the equity capital of an insurance company payment this on line that in member’s copy Part of 2B. owned by the taxpayer, the to extent that the equity capital (this Sum the entries of all UBG members on line 24 and carry to UBG member’s investment) isincluded in Form 4908, line 10. Form 4908, line 27. Consider only insurance companies asdefined in MCL 206.607 and subject to the Michigan’s CIT premiums tax, which does Line 25: Report here Michigan Tax withheld for deferred not include captive insurance companies. For purposes of compensation plans, life insurance and/or lottery annuities this deduction, equity capital is calculated in accordance with issued toa business account number through MCL 206.703(1). Generally Accepted Accounting Principles. Taxpayers can enter the Michigan Tax withheld reported on the Sum the entries of all UBG members on line 16 and carry to W-2G and/or 1099R. Form 4908, line 15. Also report any credit for the taxpayer’s allocated share of Line 17: Enter the minimum capital fund amount required by Michigan flow-through entity (FTE) tax levied on and paid by regulations for that insurance subsidiary. an electing flow-through entity. Such an electing flow-through entity should be indirectly owned by this taxpayer. Include a Sum the entries of all UBG members on line 17 and carry to copy the of Schedule K-1 with the Schedule K-1 notes, other or the corresponding column on Form 4908, line 16. supporting documentation received from the electing flow- Line 18: Sum the entries all of UBG members on line 18 and through entity, support to the credit claimed on this line. carry Form to 4908, line 17. Part 3: Affiliates Excluded From the Combined Line 20: Gross business isdefined in the instructions on Form Return of Financial Institutions 4908, line 9a. Enter gross business inMichigan of the financial institution member reporting on Part 2B this of form. Combine The statutory test for membership in aUBG is a group of U.S. line 23 for each financial institution member and enter on Part persons (other than foreign a operating entity): 2A, line 2A. • One which of owns controls, or directly indirectly, or more Line 21: Enter gross business everywhere of the financial than 50 percent of the ownership interest with voting rights institution member reporting on Part 2B this of form. Combine or ownership interests that confer comparable rights to voting line 18 for each financial institution member and enter on Part rights the of other U.S. persons; and 2A, line 3A. • That has business activities or operations which result in a Line 22: Enter overpayment credited from prior return (MBT flow value of between among or persons included the in UBG or CIT). When membership UBG of a changes from one filing or has business activities or operations that are integrated period the to next, credit forward an of overpayment from the with, are dependent upon, or contribute to each other. Flow prior return remains with the DM’s account. of value is determined by reviewing the totality of facts and circumstances business of activities and operations. Sum the entries of all UBG members on line 22 and carry to Form 4908, line 25. A person that would be a standard taxpayer if viewed separately is defined as a financial institution if it is owned, Line 23: All CIT estimated payments for a UBG should directly indirectly, or by financial a institution and UBG is in a be made by the DM. Enter estimates paid by the DM on with owner. its this line of the DM’s copy of Part 2B. If any other member If eligible, a UBG may alternatively be determined by way of paid estimates attributable to this group return, enter those an Affiliated Group Election (see instructions for Form 4891 estimates on that member’s copy of Part 2B. Include all 22 |
for the CIT definition of an affiliated group, and for eligibility Part 4: Persons Included in the Prior Combined and other details about the election). The “greater than Return, but Excluded From Current Return 50% test” for the affiliated group may be different than the The purpose of Part 4 is to assist Treasury in tracking traditional control test discussed above, and the affiliated group membership changes of a UBG from year to year. If the reason is determined without regard to the relationship test discussed the person is not on this return is because it did not satisfy the above. flow of value, etc., test at any time during the filing period, list The purpose of Part 3 is to identify entities for which the the person on line 26, and do not enter it here. ownership test described above is satisfied but which are not Line 27C: Reason codes for a person being included in last included on this combined return, either because the flow of year’s return but not on the combined return for financial value/integration/dependence/contribution test is not satisfied institutions supported by this form: or because the member is excluded by statute. A new member whose net capital is not included in this return because its tax 10 The person no longer meets the control test but the year ends after the filing period of the UBG also should be ownership interest is still greater than zero. listed here. 12 The person no longer meets the control test and the NOTE: If there is only one financial institution member in a ownership interest is zero. UBG for a given tax year, that member must file this form in 14 Before the beginning of the filing period for this return, support of its Form 4908 and list all excluded members using the person ceased to exist due to dissolution. the reason codes below. 16 Before the beginning of the filing period for this return, Line 26A: If a person being listed here is listed on federal the person ceased to exist due to a merger or similar Form 851, enter the identifying number for that person from the combination. column called “Corp. No.” at the left edge of pages 1, 2, and 3 of federal Form 851. If the reason is not listed among these reason codes, describe Line 26D: From the following list of reason codes, select the the reason in 21 characters or less in the space provided. number for the reason explaining why this affiliate is being Part 5: Persons included in the Federal Financial excluded from the combined return of financial institutions Institutions Examination Council (FFIEC) Report that supported by this form. are not Members of the UBG 1* Lacks business activities resulting in a flow of value or If a company is included in the top-tiered parent entity’s FFIEC integration with, dependence upon, or contribution to report (that company’s equity is included as part of the total the group. equity capital of the return supported by this form), yet that company does not meet either the control test or relationship 2 Foreign operating entity. test required to be a UBG member, list that company here. 3 Foreign entity. 4 Member has no CIT tax year (as amember of this UBG) Other Supporting Forms and Schedules ending with or within this filing period. For each member that files a separate federal return, attach 5 Insurance company. (Insurance companies always file copies the of same pages that of member’s federal return are as separately.) required for a separate filer in similar circumstances. See the 6 “Standard” taxpayers not owned by a financial “Attachments” section Form of 4908 instructions for guidance institution. (Financial institutions and “standard” on required pages federal of returns. taxpayers are not included on the same combined return.) If some or all members reporting on the current combined 7 Other. return are also members federal of a consolidated group, each *NOTE: Reason code number 1 does not apply to a group member will prepare its portion this of Form 4910 on the basis that has made the Affiliated Group election. of a pro forma federal return. In this case, attach a copy of the applicable pro forma form and schedules as listed in the If you have questions, call the Michigan Department of “Attachments” section Form of 4908 instructions. Treasury, Technical Services Section, at 517-636-4230. NOTE: An entity that is disregarded for federal income tax Line 26E: If this person has nexus with Michigan, check this box. purposes also will be disregarded for Michigan CIT purposes. Line 26F: Enter the entity’s six-digit North American Industry Therefore, as with the federal treatment, the activity of such Classification System (NAICS) code. For a complete list of an entity will be included and reported on the return (or on six-digit NAICS codes, see the U.S. Census Bureau Web site Form 4910) filed by the entity’s owner, as if that activity was atwww.census.gov/eos/www/naics/, or enter the same NAICS conducted directly the by owner. code used when filing the entity’s federal Form 1120, Schedule Include completed Form 4910 as part of the tax return filing. K, federal Form 1120S, or federal Form 1065. 23 |
2022 Supplemental Instructions for Financial Institution Members in Unitary Business Groups (UBGs) NOTE: These instructions for Unitary Business Groups Before completing a combined return, UBGs should first (UBGs) are meant to supplement general instructions and complete Form 4896 and Form 4897 or Form 4910. These form-specific instructions for financial institution taxpayers of forms are used to gather data from each member included in the Corporate Income Tax (CIT), not to replace them. the combined filing schedule, and eliminate intercompany transactions where applicable, to support the primary return. Standard taxpayers and standard members refer to all Insurance companies that are part of a UBG will each file taxpayers or UBG members, respectively, other than financial a separate Form 4905, but should be listed as an excluded institutions or insurance companies. Standard members of a affiliate with an incompatible tax base on Form 4896 or Form UBG should see the “Supplemental Instructions for Standard 4910, as applicable. Members in UBGs” section in the CIT Forms and Instructions for Standard Taxpayers (Form 4890). The Designated Member (DM) There is not a corresponding supplement for insurance A UBG combined return of financial institutions is filed under companies because, although they can be members of a UBG, the name and Federal Employer Identification Number (FEIN) they do not file combined returns. or Michigan Treasury (TR) assigned number of the DM of the financial institution group. Designated Member means a Introductory pages of this CIT instruction booklet contain UBG member that has nexus with Michigan and will file the general information designed to assist in identifying combined CIT return on behalf of the financial institution the existence and membership of a UBG. The following members of the group. In a brother-sister controlled group, any instructions address: member with nexus may be designated to serve as DM. In a parent-subsidiary controlled group or a combined controlled • Filing combined returns by different member types within a group (an interlocking combination of a parent-subsidiary UBG. group and a brother-sister group), the controlling member must • Understanding the role of the Designated Member (DM). serve as DM if it has nexus with Michigan. If it does not have • For each type of UBG member that is reported on a nexus, the controlling member may appoint any member with combined return (standard and financial institution), there nexus with Michigan to serve as DM. That DM must continue is a required form that collects data that is necessary for to serve as such every year, unless it ceases to be a group preparation of a combined return: member or the controlling member attains Michigan nexus. ○ The CIT Unitary Business Group Affiliates Excluded The filing period of a combined return is based on the tax year from the Return of Standard Taxpayers (Form 4896) of the DM. and CIT Data on Unitary Business Group Members If a UBG is comprised of both standard members and financial (Form 4897) support a combined return of standard institutions, the UBG will have two DMs (one for the standard members to be filed on the CIT Annual Return (Form members completing Form 4891 and related forms, and one for 4891). the financial institution members completing Form 4908 and ○ The CIT Unitary Business Group Combined Filing related forms). Schedule for Financial Institutions (Form 4910) supports a combined return of financial institution If the standard members are owned by a financial institution, members to be filed on the CIT Annual Return for they will file as part of the financial UBG return, Form 4910. Financial Institutions (Form 4908). NOTE: If the UBG filed under MBT in 2011 and is now filing Guidance that is specific to only one form is contained in the under CIT, the UBG must use the same DM if the DM still has instructions for that form, in sections titled either “Special nexus, is a C corporation, and is still a member of the UBG. If Instructions for Unitary Business Groups” or simply “UBGs.” the DM no longer has nexus, is not a C corporation, or is no Following are instructions that apply to more than one form. longer a member of the UBG, then the UBG must select a new DM using the rules laid out in these instructions. Special Instructions and the Designated Member Role of the DM: The DM speaks, acts, and files the CIT return Special Instructions for the Annual Return on behalf of the group for CIT purposes. Only the DM may By definition, UBG a can include standard members, insurance file a valid extension request for the group. Treasury maintains companies, and financial institutions. However, in some the group’s CIT tax data (e.g., prior CIT returns, overpayment cases not all members of the UBG will be included on the credit forward) under the DM’s name and account number. The same return. All standard members in a UBG (except those DM must be of the same taxpayer type (standard or financial owned by and unitary with financiala institution) file singlea institution) as the members for which it files acombined return. combined return on Form 4891. Financial institution members of a UBG (including any standard member owned by and Recapture of Certain Credits unitary with financiala institution thein group) file combineda Recapture ofcredits, must be earned and calculated based on return on Form 4908. Insurance company members UBGof a actions performed on after or January 2012, 1, regardless the of each file separately on Form 4905. method selected for the tax calculation. 24 |
Effects of Members Joining a Group When an entity becomes amember of a UBG part way through the member’s tax year, for CIT purposes the new member will experience a short tax year beginning on the date the member joins the group, even if it does not have a short period for federal purposes. For both the UBG return and the new member’s separate short period return, tax bases will be calculated using actual numbers from the applicable short period of the new member. Effects of Members Leaving a Group When a member of a UBG ceases to be a member part way through the member’s tax year, for CIT purposes the departing member will experience a short tax year ending on the departure date, even if it does not have a short period for federal purposes. For both the UBG return and the departing member’s separate short period return, tax bases will be calculated using actual numbers from the applicable short period of the departing member. Other UBG-Related Issues An affiliated person that is excluded from membership in a UBG because foreign it is a person, which has nexus and meets the applicable filing threshold, must file separate a CIT return. Further Guidance For information on CIT issues, see the Treasury Web site at www.michigan.gov/taxes . 25 |
Country Codes Countries are identified by two-letter codes – Country Codes – which are required on some Michigan Business Tax (MBT) forms, including the annual returns. The following is a list of countries and their codes. AF Afghanistan CK Cook Islands IN India NR Nauru SB Solomon Islands AX Åland Islands CR Costa Rica ID Indonesia NP Nepal SO Somalia AL Albania CI Côte D’ivoire IR Iran NL Netherlands ZA South Africa DZ Algeria HR Croatia IQ Iraq AN Netherlands Antilles GS S. Georgia, Sandwich AS American Samoa CU Cuba IE Ireland NC New Caledonia KR South Korea AD Andorra CY Cyprus IM Isle Of Man NZ New Zealand SS South Sudan AO Angola CZ Czech Republic IL Israel NI Nicaragua ES Spain AI Anguilla CD Dem. Rep. of Congo IT Italy NE Niger LK Sri Lanka AQ Antarctica DK Denmark JM Jamaica NG Nigeria SD Sudan AG Antigua & Barbuda DJ Djibouti JP Japan NU Niue SR Suriname AR Argentina DM Dominica JE Jersey NF Norfolk Island SJ Svalbard, Jan Mayen AM Armenia DO Dominican Republic JO Jordan KP North Korea SZ Swaziland AW Aruba EC Ecuador KZ Kazakhstan MP N. Mariana Islands SE Sweden AU Australia EG Egypt KE Kenya NO Norway CH Switzerland AT Austria SV El Salvador KI Kiribati OM Oman SY Syrian Arab Republic AZ Azerbaijan GQ Equatorial Guinea KW Kuwait PK Pakistan TW Taiwan BS Bahamas ER Eritrea KG Kyrgyzstan PW Palau TJ Tajikistan BH Bahrain EE Estonia LA Laos PS Palestinian Occ. Terr. TZ Tanzania BD Bangladesh ET Ethiopia LV Latvia PA Panama TH Thailand BB Barbados FK Falkland Islands LB Lebanon PG Papua New Guinea TL Timor-Leste BY Belarus FO Faroe Islands LS Lesotho PY Paraguay TG Togo BE Belgium FJ Fiji LR Liberia PE Peru TK Tokelau BZ Belize FI Finland LY Libya PH Philippines TO Tonga BJ Benin FR France LI Liechtenstein PN Pitcairn TT Trinidad & Tobago BM Bermuda GF French Guiana LT Lithuania PL Poland TN Tunisia BT Bhutan PF French Polynesia LU Luxembourg PT Portugal TR Turkey BO Bolivia TF Fr. Southern Terr. MO Macao PR Puerto Rico TM Turkmenistan BA Bosnia, Herzegovina GA Gabon MK Macedonia QA Qatar TC Turks & Caicos BW Botswana GM Gambia MG Madagascar RE Réunion TV Tuvalu BV Bouvet Island GE Georgia MW Malawi RO Romania UG Uganda BR Brazil DE Germany MY Malaysia RU Russian Federation UA Ukraine IO Brit. Ind. Ocean Terr. GH Ghana MV Maldives RW Rwanda AE United Arab Emir. BN Brunei Darussalam GI Gibraltar ML Mali BL St. Barthélemy GB United Kingdom BG Bulgaria GR Greece MT Malta SH St. Helena UN United Nations BF Burkina Faso GL Greenland MH Marshall Islands KN St. Kitts & Nevis US United States BI Burundi GD Grenada MQ Martinique LC St. Lucia UM U.S. Minor Out. Isl. KH Cambodia GP Guadeloupe MR Mauritania MF St. Martin UY Uruguay CM Cameroon GU Guam MU Mauritius PM St. Pierre & Miquelon UZ Uzbekistan CA Canada GT Guatemala YT Mayotte VC St. Vincent, Grenad. VU Vanuatu CV Cape Verde GG Guernsey MX Mexico WS Samoa VE Venezuela KY Cayman Islands GN Guinea FM Micronesia SM San Marino VN Vietnam CF Cent. African Repub. GW Guinea-Bissau MD Moldova ST Sao Tome & Principe VG Virgin Islands, British TD Chad GY Guyana MC Monaco SA Saudi Arabia VI Virgin Islands, U.S. CL Chile HT Haiti MN Mongolia SN Senegal WF Wallis & Futuna CN China HM Heard, McDonald Isl. ME Montenegro RS Serbia EH Western Sahara CX Christmas Island VA Holy See (Vatican) MS Montserrat SC Seychelles YE Yemen CC Cocos Islands HN Honduras MA Morocco SL Sierra Leone ZM Zambia CO Colombia HK Hong Kong MZ Mozambique SG Singapore ZW Zimbabwe KM Comoros HU Hungary MM Myanmar SK Slovakia CG Congo IS Iceland NA Namibia SI Slovenia XX Countries-Other 26 |