Michigan Department of Treasury Attachment 05 4585 (Rev. 04-22), Page 1 of 2 2022 MICHIGAN Business Tax Investment Tax Credit Recapture From Sale of Assets Acquired Under Single Business Tax Issued under authority of Public Act 36 of 2007. Taxpayer Name (If Unitary Business Group, Name of Designated Member) Federal Employer Identification Number (FEIN) or TR Number Unitary Business Groups Only: Name of Unitary Business Group Member Reporting on This Form Federal Employer Identification Number (FEIN) or TR Number PART 1: CALCULATION OF SINGLE BUSINESS TAX (SBT) INVESTMENT TAX CREDIT (ITC) RECAPTURE BASES Each row in lines 1-3 is for assets acquired in an SBT tax year and disposed of this year. Enter years in date order, with the oldest listed first. Columns B and C are totals by acquisition year. Line 1, column D, and Line 2, column E: For all years, enter MBT apportionment percentage from Form 4567, line 11c. Enter amounts in whole dollars (no cents). Depreciable Tangible Assets 1. A B C D E F Taxable Year (End Date) Apportioned SBT ITC Recapture In Which Disposed Combined Sales Price Apportionment Gain/Loss (Base 1) Assets Were Acquired of Disposed Assets by Net Gain/Loss From Percentage Multiply Column C Subtract Column E (MM-DD-YYYY) Year of Acquisition Sale of Assets From Form 4567, line 11c by Column D From Column B Depreciable Mobile Tangible Assets 2. A B C D E F Taxable Year (End Date) SBT ITC Recapture In Which Disposed Combined Sales Price of Adjusted Proceeds Apportionment (Base 2) Assets Were Acquired Disposed Assets by Net Gain/Loss From Subtract Column C Percentage Multiply Column D (MM-DD-YYYY) Year of Acquisition Sale of Assets From Column B From Form 4567, line 11c by Column E Assets Transferred Outside Michigan 3. A B Taxable Year (End Date) SBT ITC Recapture In Which Disposed Combined Adjusted Federal Basis of Assets Were Acquired Disposed Assets by Year of Acquisition (MM-DD-YYYY) (Base 3) + 0000 2022 75 01 27 7 Continue on Page 2. |
2022 Form 4585, Page 2 of 2 FEIN or TR Number UBG Member FEIN or TR Number PART 2: CALCULATION OF SBT ITC RECAPTURE RATES Enter amounts from ALL prior SBT C-8000ITC forms filed for tax years beginning on or after January 1, 2000. Enter SBT tax years in date order. Enter amounts in whole dollars only (no cents). 4. A B C D E Return For Taxable Year Effective Ending Net Capital Investment SBT ITC SBT ITC Used Percentage Rate of (MM-DD-YYYY) (C-8000ITC, Line 24) (C-8000ITC, Line 33) (C-8000ITC, Line 36) SBT ITC by Year % % % % % % % % % Enter amounts from Form 4569, line 3, for all periods ending in 2008 or 2009. 5. A B Return For Taxable Year Ending SBT ITC Carryforward Used (MM-DD-YYYY) (Form 4569, line 3) PART 3: CALCULATION OF SBT ITC RECAPTURE AMOUNTS Enter amounts in whole dollars only (no cents). 6. A B C D Taxable Year (End Date) In Which Disposed Total SBT ITC Recapture Base Year-Specified Recapture Assets Were Acquired by Year of Acquisition Percentage Rate from Recapture Amount (MM-DD-YYYY) Add Amounts from Columns 1F, 2F and 3B Line 4, Column E Multiply Column B by Column C % % % % % % % % % 7. TOTAL. Enter total of Line 6, column D. Add this amount to the total of Form 4570, Worksheet 2 (in instructions), column U, if applicable, and carry the sum to Form 4570, line 19 ......................... 7. 00 + 0000 2022 75 02 27 5 |
Instructions for Form 4585 Michigan Business Tax (MBT) Investment Tax Credit Recapture From Sale of Assets Acquired Under Single Business Tax Purpose benefit derived) from the disposition of tangible, depreciable real or personal property that was acquired in a tax year To calculate the Investment Tax Credit (ITC) recapture amount beginning after 1999 and prior to 2008, and the recapture for for the disposition or transfer of tangible, depreciable real or property moved out of state. The calculation of gross proceeds personal property acquired in tax years beginning after 1999 and may be reduced by selling expenses. Lines 1, 2, and 3 represent prior to 2008 which must be recaptured to the extent used and at three different categories of SBT ITC assets, categorized by the rate used under the Single Business Tax (SBT) or MBT. Form type of asset or nature of disposition. 4585 must be filed as a supporting form for the total recapture NOTE: A sale of qualifying property reported on the installment amount reported on the MBT Credits for Compensation, Investment and Research and Development (Form 4570). method for federal income tax purposes causes a recapture of the entire gross proceeds in the year of the sale. The recapture NOTE: Recapture is mandatory even if a taxpayer is otherwise is reduced by any gain reported in federal taxable income in not required to file a return because it does not meet the filing the year of the sale. The gain attributable to the installment sale threshold of $350,000. that is reported in subsequent years increases the credit base (or reduces other sources of recapture) for those years, and must be Public Act 282 of 2014 reported either on line 1, column C, or line 2, column C, based on PA 282 of 2014provides for a change to the Investment Tax the type of asset. Credit (ITC) Recapture. For assets purchased, acquired, Line 1: For depreciable tangible assets located in Michigan that or transferred into Michigan in a tax year beginning after were acquired or moved into Michigan after acquisition in a tax December 31, 2007, that were sold otherwiseor disposed of, or year beginning after 1999 and prior to 2008, and were sold or transferred outside Michigan during the tax year, recapture is otherwise disposed of during the tax year, enter the following: now required to the extent and at the rate the credit was used under the MBT. The amount on line this7 of form will usedbe • Column A: Separate the depreciable tangible assets that on Form 4570. Taxpayers need to take special care to read the were disposed of during the filing period by the tax year instructions for Form 4570, line 19. in which they were acquired. Use a separate row for each acquisition year. Enter the tax years of acquisition (end dates only) in chronological order, starting with the first tax year Line-by-Line Instructions beginning after 1999. An acquisition year for which there Lines not listed are explained on the form. were no dispositions of depreciable tangible assets during the filing period may be omitted. However, do not omit the REMINDER: Report all amounts in whole dollars. Round acquisition year of depreciable tangible assets that have down amounts of 49 cents or less. Round up amounts of 50 been sold on an installment method if gains attributable to cents or more. If cents are entered on the form, they will be installment payments received during the current filing treated as whole dollar amounts. period must be reported. Dates must be entered in MM-DD-YYYY format. • gross proceeds from all depreciable tangible Column B: Total Name and Account Number: Enter name and account number assets that were acquired in the same taxable year and as reported on page 1 of Form 4567. disposed of during the filing period. If a qualifying asset was sold on an installment sale in a prior filing period, the entire UBGs: Complete one form for each member that disposed of price was reported for recapture purposes in the year of sale capital assets that trigger SBT ITC credit recapture. Enter the Therefore, if a payment was received on that installment sale. Designated Member (DM) name in the Taxpayer Name field in the current filing period, do not report that amount as sale and the specific member of the UBG for which this form is proceeds for this period. See Column C, however, with gross filed on the line below. On the copy filed to report the DM’s to the gain from that installment payment. respect data (if applicable), enter the DM’s name and account number on each line. • Column C: Net total gains/losses reflected in federal taxable income from all depreciable tangible assets that UBGs: If capital asset subject to recapture is from a member were acquired in the same taxable year and disposed of that was not part of the group in the tax year the asset was during the filing period. Report also in column C any acquired (and other years since the acquisition), take care gain reflected in federal taxable income that is attributed to report in this line (and the others that pertain to years the to an installment payment received during the current member was not part of the group) information requested in MBT filing period, from a prior installment sale of an each column only from the member’s single filings, not the asset that was of a type and acquisition date covered by group’s. line 1. For property placed in service prior to January 1, 2008, gain reflected in federal taxable income is equal to the PART 1: CALCULATION OF SBT ITC RECAPTURE BASES gain reported for federal purposes. In Part 1, compute the adjusted proceeds (proceeds include any 137 |
Keep in your files a separate worksheet with the appropriate • Column C: Net total gains/losses reflected in federal information regarding each depreciable tangible asset located taxable income from all depreciable mobile tangible assets in Michigan that was acquired or moved into Michigan after that were acquired in the same taxable year and disposed acquisition in a tax year beginning after 1999 and prior to of during the filing period. Report also in column C any 2008, and was sold or otherwise disposed of during the tax gain reflected in federal taxable income that is attributed year. Sum the total gross proceeds and gain or loss for all to an installment payment received during the current disposed assets acquired in the same taxable year. Enter in MBT filing period, from a prior installment sale of an this form only the total sum of gross proceeds and gain/loss asset that was of a type and acquisition date covered by grouped by taxable year the assets were acquired. Use one row line 2.For property placed in service prior to January 1, per group of disposed assets acquired in the same taxable year. 2008, gain reflected in federal taxable income is equal to the Start from the earliest acquisition year. gain reported for federal purposes. • Column D: Enter the apportionment percentage from Form Keep inyour files a separate worksheet with the appropriate 4567, line 11c. If not apportioning, enter 100 percent. Enter information regarding each depreciable mobile tangible asset the same apportionment percentage for each row completed. acquired in a tax year beginning after 1999 and prior to 2008, • Column F: Subtract column E from column B for each row. and sold or otherwise disposed of during the tax year. Sum the If column E is a loss, add its positive value to column B for total gross proceeds and gain or loss for all disposed assets each appropriate row. A loss in column E will increase the acquired in the same taxable year. Enter in this form only recapture base. the total sum of gross proceeds and gain or loss grouped by taxable year the assets were acquired. Use one row per group Line 2: Mobile tangible assets are all of the following: of disposed assets acquired the in same taxable year. Start from • Motor vehicles that have a gross vehicle weight rating of the earliest acquisition year. 10,000 pounds or more and are used to transport property or • Column D: Subtract figures in column C from figures in persons for compensation; column B for each row. If column C is a loss, add its positive • Rolling stock (railroad freight or passenger cars, value to column B for each appropriate row. A loss in locomotives or other railcars), aircraft, and watercraft column C will increase the recapture. used by the owner to transport property or persons for • Column E: Enter the apportionment percentage from Form compensation or used by the owner to transport the owner’s 4567, line 11c. Enter the same apportionment percentage for property for sale, rental, or further processing; each row you have filled columns throughA D. • Equipment used directly in completion of, or in construction • Column F: Multiply figures incolumn D by column forE contracts for, the construction, alteration, repair, or each row. improvement of property. Line 3: For depreciable tangible assets other than mobile For depreciable mobile tangible assets that were acquired in tangible assets acquired in tax years beginning after 1996 a tax year beginning after 1999 and prior to 2008, and were and prior to 2008, that were eligible for the ITC in tax years sold or otherwise disposed of during the tax year, enter the beginning after 1999 and prior to 2008, and were transferred following: outside Michigan during the tax year, enter the following: • Separate the depreciable mobile tangible assets Column A: Separate the depreciable tangible assets other • Column A: that were disposed of during the filing period by the tax year than mobile tangible assets that were transferred out of in which they were acquired. Use a separate row for each Michigan during the filing period by the tax year in which acquisition year. Enter the tax years of acquisition (end dates they were acquired. Use a separate row for each acquisition only) in chronological order, starting with the first tax year year. Enter the tax years of acquisition (end dates only) beginning after 1999. An acquisition year for which there in chronological order, starting with the first tax year were no dispositions of depreciable mobile tangible assets beginning after 1999. An acquisition year for which there during the filing period may be omitted. However, do not were no transfers of depreciable tangible assets out of omit the acquisition year of depreciable mobile tangible Michigan during the filing period may be omitted. assets that have been sold on an installment method if gains • Column B: Total sum of adjusted federal basis from all attributable to installment payments received during the depreciable tangible assets acquired the in same taxable year current filing period must be reported. and transferred out of Michigan during the filing period. • Column B: Total gross proceeds from all depreciable mobile Keep in your files a separate worksheet with the appropriate tangible assets that were acquired in the same taxable year information regarding each depreciable tangible asset other than and disposed of during the filing period. If a qualifying asset mobile tangible assets acquired tax in years beginning after 1999 was sold on an installment sale in a prior filing period, the and prior to 2008, that were eligible for the ITC in tax years entire sale price was reported for recapture purposes in the beginning after 1999 and prior to 2008, and were transferred year of sale. Therefore, if a payment was received on that outside Michigan during the tax year. Sum the total adjusted installment sale in the current filing period, do not report federal basis for all such transferred assets acquired thein same that amount as gross proceeds for this period. See Column taxable year. Enter in this form only the total sum of adjusted C, however, with respect to the gain from that installment federal basis grouped by taxable year the assets were acquired. payment. Use one row per group of such transferred assets acquired in the same taxable year. Start from the earliest taxable year. 138 |
PART 2:CALCULATION OFSBTITC RECAPTURERATES The simplest method that can be used is Method A. Taxpayers Recapture rates can be calculated using any of 3 methods that meet any of the situations above should use Method A. It described in the “Method Summary Table” below. The Table provides correct results using the least amount of data input highlights the methods’ pros and cons. Choose your method, from the taxpayer. and follow the appropriate instructions to calculate the rates on Complete line 4 and line 5 according to the method chosen, as line 4, column E. explained below: NOTE: Whichever method used, the calculated effective • Method A: recapture rate of SBT ITC by year cannot be higher than the figure calculated under Method A for any year. ○ Line 4, columns A through D: Enter the tax year end date of each acquisition year of disposed assets that NOTE ON USING SIMPLEST METHOD: When amount triggered SBT ITC recapture. (Those dates should be of SBT ITC used equals the amount of SBT ITC created, the the same as appear in column A of lines 1-3.) For each three methods yield the same result. This occurs in any of the year displayed in column A, enter Form C-8000ITC following situations: (SBT Investment Tax Credit ) information required in • Calendar year filer(*): 2009 MBT Single Business Tax the appropriate column, using return data specific Credit Carryforwards (Form 4569), lines 2 and 3, are equal from each applicable tax year. If the amount of column for the latest 2009 tax year return filed; C is zero for a particular year, and the amount on • Fiscal year filer(*): 2008 MBT Form 4569, line 4, equals C-8000ITC, line 10 for that year is larger than zero, zero for the latest 2009 tax year return filed; taxpayers may not enter zero on column E if the taxpayers fall in either of the two categories explained • Filers(**) who created SBT ITC credits and have filed an below, and must do the appropriate calculations as MBT Simplified Return (Form 4583) for either 2008 or 2009 follows: tax year; or 1) Taxpayers used the straight method to calculate the SBT • Filers(**) who created SBT ITC credits, have NOT filed liability for that taxable year: calculate the credit rate as 2008 or 2009 MBT return, and have filed MBT return(s) for instructed on C-8000ITC, line 26 for that taxable year, tax year(s) after 2009. and enter the result on column E; or (*) For UBGs, the condition applies only for groups where all 2) Taxpayer used the excess compensation reduction members were included in every 2008 and 2009 MBT return method to calculate the SBT liability for that taxable filed by the group. year: calculate the credit rate on C-8000ITC, line 26, for that taxable year; subtract the percentage found on (**) Filers refers to single filers (non-UBGs) or UBG members C-8000S, line 6, from 100%, and multiply the result in the current tax year who were not part of a group in 2008 of that subtraction by the calculated credit rate on or 2009 and were single filers then. To preserve the SBT C-8000ITC, line 26. Enter the result on column E. credit carryforward from one year to the next the taxpayer is required to file Form 4567. ○ Line 5, columns A and B: Leave lines blank. METHOD SUMMARY TABLE TYPE OF METHOD PROS CONS Method A • Easy to calculate. • Method does not take into account the extent to • Taxpayer or UBG member disposing of ITC which the ITC was used. asset only need to enter information on line 4 for years in which assets that trigger recapture were acquired. Method B • Takes into account the extent to which the ITC • Taxpayers must fill lines 4, 5, 6, Table I was used. at the end of the instructions, and enter necessary information in Treasury webtool. (www.michigan.gov/mbt4585tool) • Information on line 4 must be entered for all years in which assets were bought and ITC was claimed, whether or not those assets were disposed in the current tax year. Method C • Taxpayers complete line 4, column E. • Taxpayer needs to develop own calculation procedure that reflects the MBT statute. Retain records to substantiate calculation. 139 |
○ Line 4, column E: Divide the amount in column C than one return was filed for the same tax year (that by the amount in column B, for each taxable year in is, the taxpayer filed an amended return), use only the column A, and enter as a percentage. information from the latest return filed for that tax year. • Method B: NOTE: For MBT tax years the taxpayer filed Form 4567 and no ○ Line 4, columns A through D: Gather all C-8000ITC Form 4569, enter on line 5A the taxable year end date, and enter forms filed for tax years beginning on or after January zero for line 5B. Do not enter any information on lines 5A and 1, 2000. (If an amended C-8000ITC was filed, use the 5B for MBT years in which the taxpayer filed nothing or filed figures from the amended form, not the original.) Sort a Form 4583. See Note on Using Simplest Method under the all the returns in chronological order of taxable year end heading Calculation of SBT ITC Recapture Rates on these date, from earliest to latest date. Starting with the Form instructions. Not filing a Form 4567 does not allow a taxpayer to C-8000ITC for the earliest applicable SBT filing period, preserve SBT credit carryforward from one year to the next. enter the information requested on the table for each UBGs: During tax years ending in 2008 and 2009, UBG taxable year (use one row for each return). groups were allowed to offset the group liability by NOTE: For SBT tax years when the taxpayer filed a C-8000 claiming member’s SBT ITC credit carryforward. When (SBT Annual Return ) with no C-8000ITC, or a C-8030 (SBT completing line 5, column B, enter the portion of the total Notice of No SBT Return Required ), enter on line 4A the group SBT ITC credit carryforward used by the group taxable year end date, and enter zero for lines 4B, 4C, and 4D. for each year that pertains to the specific member that is Do not enter any information on lines 4A through 4D for SBT completing Form 4585. If the member completing Form tax years in which the taxpayer filed nothing OR filed a C-8044 4585 was not part of a UBG in 2008 and/or 2009 tax years, (SBT Simplified Return). If more than one return was filed and filed as a non-UBG filer, take care to report on lines for the same tax year (that is, the taxpayer filed an amended 5A and 5B information from the member’s singly filed return), use only the information from the latest return filed for returns. Likewise, if the member completing Form 4585 that tax year. was part of another UBG in 2008 and/or 2009 tax years, ○ Line 5, columns A and B: Starting with Form 4569 for take care to report on line 5A and 5B member information the earliest 2008 and latest 2009 applicable MBT filing resulting from using the other UBG’s returns information. period, enter the information requested on table. If more Example: In 2008, group ABC files MBT return claiming Table I: Determining Credit Amount that Offsets Credit Recapture 7. A B C D Taxable Year (End Date) In Which MBT ITC SBT ITC Credit Rate Disposed Asset Was SBT Capital Divide line 4, column C, Gross SBT ITC Credit Amount Acquired Investment Amount by line 4, column B Multiply column B (MM-DD-YYY) (C-8000ITC, line 10) (See Instructions if zero) by column C 8. E F G H Taxable Year SBT Recapture Capital SBT Recapture Amount Offset (repeat from Investment Amount Gross SBT ITC Credit Recapture by Credit column A) (C-8000ITC, line 23) Multiply column F by column C Lesser of columns D and G 9. I J K L M SBT ITC Recapture Rate Extent Credit Used Rate Multiply columns C Taxable Year SBT ITC Credit Amount Divide column K and L. Carry amount to (repeat from That offsets SBT liability Total SBT ITC Credit Amount Used by column D Worksheet 4a, line 4, column A) (from webtool) Add columns J and H (cannot be more than 1) column E 140 |
$1,000,000 in SBT ITC credit carryforward. The group • Line 9, column J: Enter amount of ITC credit consisted of Company 1, Company 2, Company 3, and used provided by the webtool that corresponds Company 4. Company 4’s tax year ended after the tax to each taxable year displayed on line 9, column year of the group’s Designated Member, so Company I. Access the Michigan Department of Treasury 4’s data was not included in group ABC’s 2008 MBT (Treasury) Web tool by going to the Treasury site return, even though Company 4 was part of the UBG. (www.michigan.gov/mbt4585tool ), and enter the The total $1,000,000 in SBT ITC credit carryforward necessary information instructed). as resulted from the sum of $200,000 in SBT ITC credit • Line 9, column M: For each taxable year on line carryforward from Company 1, $300,000 from Company 9, column I, multiply line 7, column C by line 9, 2, and $500,000 from Company 3. In the current year, column L. Enter results here. Match the taxable Companies 2, 3, and 4 dispose of capital investment year on line 9, column I with the taxable year on outside of the UBG, which triggers SBT ITC credit line 4, column A, and carry amount from line 9, recapture. In the current year, group ABC files MBT column Mlineto 4, column E for each appropriated returns. The UBG fills one MBT Form 4585 for each tax year line. Company 2, Company 3, and Company 4, in which is reported the SBT ITC credit recapture from each member. • Method C: When filling Form 4585,line 5, column B for Company ○ Line 4, columns A through D: Fill column A, and 2, report $200,000 – which represents the portion of the leave all others blank. total SBT ITC credit carryforward claimed by the group ○ Line 5, columns A and B: Leave lines blank. in 2008 that corresponds only to Company 2’s SBT ITC credit carryforward in 2008. When filling Form 4585, ○ Line 4, column E: Enter results from the taxpayer’s line 5, column forB Company report3, $500,000 which– own software of choice (that is, a non-Treasury Web represents Company 3’s portion the of total SBT ITC credit tool) orthe taxpayer’s own calculation that reflects the carryforward claimed by the group 2008.in When filling MBT statute. Retain records to substantiate figures Form 4585, line 5B for Company 4, report $0 – which entered the in filed return. represents Company 4’s portion of the total SBT ITC credit PART 3: CALCULATION OF SBT ITC RECAPTURE AMOUNTS carryforward claimed by the group in 2008. Line 6: Follow the instructions below: ○ Line 4, column E: For each taxable year, enter the rates calculated on Table I,line 9, column M. Column A: Enter in chronological order, beginning with the earliest, the tax year end date of each acquisition year of ○ Filling Table I at the end of these Instructions (lines assets that triggered SBT ITC recapture from lines 1-3. disposed and columns not listed are explained on the table): • Line 7, column A: Enter only taxable years in Column B: Separately for each acquisition year listed in which SBT ITC disposed assets were acquired. column A, combine the corresponding amounts in line 1, Dates should match those listed on lines 1, 2,and 3, column F, line 2, column F, and line 3, column B for all columns List A. each date only once. disposed assets that triggered SBT ITC recapture. • Line 7, column C: For each taxable year on line 6, Column C: For each acquisition year listed in column A, enter column A, find the corresponding SBT ITC amount the corresponding SBT ITC effective rate from line 4, column reported on line 4, column C, and Net Capital E. Match the acquisition year in line 6, column A, with the Investment amount reported on line 4, column B. corresponding acquisition year in line 4, column A. Divide amounts from line 4,column C by amounts Column D: Multiply column B by column C for each from line 4, column B for each taxable year and acquisition year. enter results here. If the quotient of that division for a particular tax year listed equals zero, and the Line 7: Add figures in each row of line 6, column D, and amount on line 7, column B is positive, instead of enter the total here. zero, enter the following on line 7, column C as appropriate: If no assets purchased in MBT years were disposed of or transferred out of Michigan this year, carry the amount 1) Taxpayer used the straight method to calculate the reported on this line to Form 4570, line 19. SBT liability for that taxable years: calculated the credit rate on C-8000ITC, line 26 for that taxable If any assets purchased in MBT years were disposed of year, and enter the result here; or transferred out of Michigan this year, add the amount reported on line 7 of this form to the sum of amounts 2) Taxpayer used the excess compensation reduction calculated on Column U of Worksheet 2 in the instructions method calculate to the SBT liability for that taxable of Form 4570. Report the sum of those two figures on year: calculate the credit rate on C-8000ITC, line Form 4570, line 19. This calculation change implements a 26, for that taxable year; subtract the percentage requirement of Public Act 282 of 2014. found on C-8000S ( SBT Deductions to Adjusted Tax Base ), line 6, from 100%, and multiply the result of that subtraction by the calculated credit rate on Include completed Form 4585 as part of the tax return filing. C-8000ITC, line 26. Enter the result here. 141 |