Michigan Department of Treasury Attachment 15 4580 (Rev. 04-22), Page 1 of 6 2022 MICHIGAN Business Tax Unitary Business Group Combined Filing Schedule for Standard Members Issued under authority of Public Act 36 of 2007. IMPORTANT: Read the instructions before completing this form. Designated Member Name Federal Employer Identification Number (FEIN) or TR Number PART 1A: 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). Include all UBG members (with or without nexus), except those excluded in Part 3. If more than one page is needed, repeat the DM’s name and FEIN or TR Number in the field at the top of the page, but not on line 1. 1. A B Member Name FEIN or TR Number + 0000 2022 59 01 27 1 Continue on Page 2. |
2022 Form 4580, Page 2 of 6 Designated Member FEIN or TR Number PART 1B: MEMBER IDENTIFICATION Complete a separate copy of Part 1B for each member listed in Part 1A. 2. Member Name 5. Organization Type 3. Member FEIN or TR Number Individual C Corporation / LLC C Corporation 4. Member Street Address Fiduciary S Corporation / LLC S Corporation City State ZIP/Postal Code Partnership / LLC Partnership Beginning Ending 6. Federal Tax Period Included in Return 10. Check if Nexus with Michigan (MM-DD-YYYY) ........................................ 7. If part-year member, enter 11. Check if Registered for MBT membership dates (MM-DD-YYYY) ......... 8. NAICS Code 9. If discontinued, effective date 12. Check if New Member 13. Nature of business activities or operations resulting in a flow of value between members, or integration, dependence or contribution to other members PART 2A: MEMBER DATA FOR COMBINED RETURN OF STANDARD TAXPAYERS Enter data for the member listed in Part 1B. Enter whole dollars only. 14. Michigan sales. (If no Michigan sales enter zero) ............................................................................................. 14. 00 15. Total sales.......................................................................................................................................................... 15. 00 16. Pro forma apportionment percentage. Divide line 14 by line 15............ 16. % Member Modified Gross Receipts 17. Gross receipts ................................................................................................................................................... 17. 00 18. Inventory acquired during the tax year .............................................................................................................. 18. 00 19. Depreciable assets acquired during the tax year .............................................................................................. 19. 00 20. Materials and supplies not included in inventory or depreciable property ......................................................... 20. 00 21. Staffing company: Compensation of personnel supplied to customers ............................................................. 21. 00 If the UBG is claiming the Small Business Alternative Credit, skip to line 23. 22. Deduction for contractors in SIC Codes 15, 16 and 17 (see instructions)......................................................... 22. 00 SIC Code: 23. Film rental or royalty payments paid by a theater owner to a film distributor and/or film producer ................... 23. 00 24. Qualified Affordable Housing Project (QAHP) deduction a. Gross receipts attributable to residential rentals in Michigan ........... 24a. 00 b. Number of residential rent restricted units in Michigan owned by the QAHP ...................................................................................... 24b. c. Total number of residential rental units in MI owned by the QAHP ....... 24c. d. Divide line 24b by line 24c and enter as a percentage ..................... 24d. % e. Multiply line 24a by line 24d ............................................................ 24e. 00 f. Limited dividends or other distributions made to QAHP owners ...... 24f. 00 g. QAHP Deduction. Subtract line 24f from line 24e ....................................................................................... 24g. 00 25. Payments made by member licensed under Article 25 or Article 26 of the Occupational Code to independent contractors licensed under Article 25 or Article 26 ........................................................................ 25. 00 26. Miscellaneous subtractions (see instructions) ................................................................................................... 26. 00 27. Modified gross receipts. Subtract lines 18 through 23 and 24g through 26 from line 17 .................................. 27. 00 28. Enrichment prohibition for dealer of personal watercraft or new motor vehicles. Enter amount collected during tax year. If zero, enter zero and skip line 29. If greater than zero, enter number here, then see instructions for how to complete line 29 ............................................................................................................ 28. 00 29. Excess enrichment prohibition tax collected (see instructions) ......................................................................... 29. 00 + 0000 2022 59 02 27 9 Continue on Page 3. |
2022 Form 4580, Page 3 of 6 Designated Member FEIN or TR Number Member FEIN or TR Number PART 2A: MEMBER DATA FOR COMBINED RETURN OF STANDARD TAXPAYERS (Cont.) — Member Business Income 30. Business income. If negative, enter as negative. (If business activity protected under PL 86-272, complete and attach Form 4581 or Form 4586, as applicable; see instructions.)............................................................. 30. 00 31. Interest income and dividends derived from obligations or securities of states other than Michigan ................ 31. 00 32. Taxes on or measured by net income................................................................................................................ 32. 00 33. Tax imposed under MBT.................................................................................................................................... 33. 00 34. Any carryback or carryover of a federal NOL .................................................................................................... 34. 00 35. Losses attributable to other flow-through entities taxed under the MBT .......................................................... 35. 00 Account No. 36. Royalty, interest, and other expenses paid to a related person not within the UBG (see instructions) ............ 36. 00 37. Miscellaneous additions (see instructions) ....................................................................................................... 37. 00 38. Dividends and royalties received from persons other than U.S. persons and foreign operating entities ......... 38. 00 39. Income attributable to other flow-through entities taxed under the MBT .......................................................... 39. 00 Account No. 40. Interest income derived from U.S. obligations.................................................................................................. 40. 00 41. Net earnings from self-employment. If less than zero, enter zero .................................................................... 41. 00 42. Miscellaneous subtractions (see instructions) .................................................................................................. 42. 00 43. Business Income Tax Base. Add lines 30 through 37 and subtract lines 38 through 42 .................................. 43. 00 44. Available MBT business loss carryforward from previous period MBT return (see instructions)....................... 44. 00 45. Qualified Affordable Housing Deduction. Members claiming the seller’s deduction only, skip lines 45a through 45h and carry the amount from Form 4579, line 5, to line 45i. Members claiming the QAHP deduction only, complete lines 45a through 45i. If claiming both deductions, see instructions. a. Gross rental receipts attributable to residential units in MI ............ 45a. 00 b. Rental expenses attributable to residential rental units in Michigan ... 45b. 00 c. Taxable income attributable to residential rental units. Subtract line 45b from line 45a ........................................................ 45c. 00 d. No. of residential rent restricted units in MI owned by the QAHP .... 45d. e. Total residential rental units in Michigan owned by the QAHP ........ 45e. f. Divide line 45d by line 45e and enter as a percentage.................... 45f. % g. Multiply line 45c by line 45f.............................................................. 45g. 00 h. Limited dividends, other distributions made to project owners ........ 45h. 00 i. Qualified Affordable Housing Deduction. Subtract line 45h from line 45g ................................................... 45i. 00 46. There is no amount to be entered on this line .................................................................................................. 46. x x x x x x x 00 47. There is no amount to be entered on this line .................................................................................................. 47. x x x x x x x 00 48. Unused MBT Basic/Enhanced Historic Preservation Credit carryforward ........................................................ 48. 00 49. Unused MBT Special Consideration Historic Preservation Credit carryforward ............................................... 49. 00 50. Unused MBT Low-Grade Hematite Credit carryforward ................................................................................... 50. 00 51. Unused MBT MEGA Federal Contract Credit carryforward .............................................................................. 51. 00 52. Unused MBT Individual or Family Development Account Credit carryforward ................................................. 52. 00 53. Unused MBT Bonus Depreciation Credit carryforward ..................................................................................... 53. 00 54. Unused MBT Brownfield Redevelopment Credit carryforward ......................................................................... 54. 00 55. Unused MBT Film Job Training Credit carryforward ......................................................................................... 55. 00 56. Unused MBT Film Infrastructure Credit carryforward ....................................................................................... 56. 00 57. Unused MBT MEGA Plug-In Traction Battery Manufacturing Credit carryforward ........................................... 57. 00 58. Unused MBT Anchor Company Payroll Credit carryforward ............................................................................ 58. 00 59. Unused MBT Anchor Company Taxable Value Credit carryforward ................................................................. 59. 00 60. Unused MBT MEGA Poly-Silicon Energy Cost Credit carryforward ................................................................. 60. 00 61. Unused MBT MEGA Plug-In Traction Battery Integration Credit carryforward ................................................. 61. 00 62. Unused MBT MEGA Advanced Battery Engineering Credit carryforward ........................................................ 62. 00 63. Unused MBT MEGA Battery Manufacturing Facility Credit carryforward ......................................................... 63. 00 64. Unused MBT MEGA Large Scale Battery Credit carryforward ......................................................................... 64. 00 65. Unused MBT MEGA Advanced Lithium Ion Battery Credit carryforward.......................................................... 65. 00 66. Overpayment credited from prior MBT return ................................................................................................... 66. 00 67. Estimated tax payments ................................................................................................................................... 67. 00 68. There is no amount to be entered on this line ................................................................................................... 68. x x x x x x x 00 69. Tax paid with request for extension .................................................................................................................. 69. 00 + 0000 2022 59 03 27 7 Continue on Page 4. |
2022 Form 4580, Page 4 of 6 Designated Member FEIN or TR Number PART 2B: SUMMARY OF BUSINESS ACTIVITY FOR COMBINED RETURN OF STANDARD TAXPAYERS NOTE: Not all lines from Part 2A are carried to Part 2B. A B C D Combined Total Combined Total Carry to Before Eliminations Eliminations After Eliminations form, line 14. Michigan sales.......................................................... 4567, 11a 15. Total sales ................................................................ 4567, 11b 17. Gross receipts .......................................................... 4567, 12 18. Inventory acquired during the tax year ...................... 4567, 13 19. Depreciable assets acquired during the tax year ...... 4567, 14 20. Materials and supplies not included in inventory or depreciable property.................................................. 4567, 15 21. Staffing company: Compensation of personnel supplied to customers................................................ 4567, 16 22. Deduction for contractors in SIC Codes 15, 16 and 17 (see instructions) ........................................... 4567, 17 23. Film rental or royalty payments paid by a theater owner to a film distributor and/or film producer ......... 4567, 18 24g. QAHP Deduction ...................................................... 4567, 19g 25. Payments made by taxpayers licensed under Article 25 or Article 26 of the Occupational Code to independent contractors licensed under Article 25 or Article 26................................................................... 4567, 20 26. Miscellaneous subtractions (see instructions) .......... 4567, 21 27. Modified gross receipts x x x x x x x (line 17 minus lines 18 through 26) .......................... N/A 28. Enrichment prohibition for dealer of personal watercraft or new motor vehicles. Enter amount collected during tax year........................................... N/A 29. Excess enrichment prohibition tax collected............. See instr. 30. Business income ...................................................... 4567, 28 31. Interest income and dividends derived from obligations or securities of states other than Michigan .................. x x x x x x x 4567, 29 32. Taxes on or measured by net income....................... x x x x x x x 4567, 30 33. Tax imposed under MBT........................................... x x x x x x x 4567, 31 34. Any carryback or carryover of a federal NOL ........... x x x x x x x 4567, 32 35. Losses attributable to other flow-through entities taxed under the MBT .............................................................. 4567, 33 36. Royalty, interest and other expenses paid to a related person........................................................... x x x x x x x 4567, 34 37. Miscellaneous additions (see instructions) ................. 4567, 35 38. Dividends and royalties received from persons other than U.S. persons and foreign operating entities ..... x x x x x x x 4567, 38 39. Income attributable to other flow-through entities taxed under the MBT .............................................................. 4567, 39 40. Interest income derived from U.S. obligations .......... x x x x x x x 4567, 40 41. Net earnings from self-employment. If less than zero, enter zero ...................................... x x x x x x x 4567, 41 42. Miscellaneous subtractions (see instructions) .......... 4567, 42 43. Business Income Tax Base ...................................... x x x x x x x N/A 44. Available MBT business loss carryforward from previous period MBT return(s) ................................. 4567, 46 45i. Qualified Affordable Housing Deduction ..................... 4567, 48i + 0000 2022 59 04 27 5 Continue on Page 5. |
2022 Form 4580, Page 5 of 6 Designated Member FEIN or TR Number PART 2B: SUMMARY OF BUSINESS ACTIVITY FOR COMBINED RETURN OF STANDARD TAXPAYERS (CONT.) A B C D Combined Total Combined Total Carry to Before Eliminations Eliminations After Eliminations form, line 46. There is no amount to be entered on this line .......... x x x x x x x x x x x x x x x x x x x x x X X X 47. There is no amount to be entered on this line .......... x x x x x x x x x x x x x x x x x x x x x X X X 48. Unused MBT Basic/Enhanced Historic Preservation Credit carryforward .................................................... x x x x x x x 4584, 4 49. Unused MBT Special Consideration Historic Preservation Credit carryforward ............................... x x x x x x x 4584, 7 50. Unused MBT Low-Grade Hematite Credit carryforward............................................................... x x x x x x x 4573, 20 51. Unused MBT MEGA Federal Contract Credit carryforward............................................................... x x x x x x x 4584, 30 52. Unused MBT Individual or Family Development Account Credit carryforward ...................................... x x x x x x x 4573, 45 53. Unused MBT Bonus Depreciation Credit carryforward............................................................... x x x x x x x 4573, 50 54. Unused MBT Brownfield Redevelopment Credit carryforward............................................................... x x x x x x x 4584, 40 55. Unused MBT Film Job Training Credit carryforward ... x x x x x x x 4573, 64 56. Unused MBT Film Infrastructure Credit carryforward .. x x x x x x x 4573, 70 57. Unused MBT MEGA Plug-In Traction Battery Manufacturing Credit carryforward ............................. x x x x x x x 4584, 57 58. Unused MBT Anchor Company Payroll Credit carryforward............................................................... x x x x x x x 4584, 65 59. Unused MBT Anchor Company Taxable Value Credit carryforward .................................................... x x x x x x x 4584, 73 60. Unused MBT MEGA Poly-Silicon Energy Cost Credit carryforward .................................................... x x x x x x x 4584, 81a 61. Unused MBT MEGA Plug-In Traction Battery Integration Credit carryforward .................................. x x x x x x x 4584, 81b 62. Unused MBT MEGA Advanced Battery Engineering Credit carryforward .................................................... x x x x x x x 4584, 81c 63. Unused MBT MEGA Battery Manufacturing Facility Credit carryforward .................................................... x x x x x x x 4584, 81d 64. Unused MBT MEGA Large Scale Battery Credit carryforward............................................................... x x x x x x x 4584, 81e 65. Unused MBT MEGA Advanced Lithium Ion Battery Credit carryforward .................................................... x x x x x x x 4584, 81f 66. Overpayment credited from prior MBT return ............ x x x x x x x 4567, 60 67. Estimated tax payments ............................................ x x x x x x x 4567, 61 68. There is no amount to be entered on this line ........... x x x x x x x x x x x x x x x x x x x x x X X X 69. Tax paid with request for extension ........................... x x x x x x x 4567, 63 Check all that apply to the Unitary Business Group. 70. Group identified consists of a group of U.S. persons, one of which owns or controls, directly or indirectly, more than 50% of the ownership interests with voting or comparable rights of the others. 71. Some or all members are included on a consolidated federal income tax return. If checked, attach a copy of federal Form 851. 72. Each member of the group has business activities or operations resulting in a flow of value between the members or has business activities or operations that are integrated with, dependent upon, or contribute to each other. 73. All members of the Unitary Business Group are included in this unitary filing. + 0000 2022 59 05 27 3 Continue on Page 6. |
2022 Form 4580, Page 6 of 6 Designated Member FEIN or TR Number PART 3: AFFILIATES EXCLUDED FROM THE COMBINED RETURN OF STANDARD TAXPAYERS List every person (with or without nexus) for which the “greater than 50%” ownership test of a Michigan Unitary Business Group is satisfied, which is not included on the combined return of standard taxpayers that is supported by this form. Using the codes below, identify in column D why each person is not included in the combined return. If any persons listed here are part of a federal consolidated group, attach a copy of federal Form 851. REASON CODES FOR EXCLUSION: 1. Lacks business activities resulting in a flow of value or integration, 6. Other. dependence or contribution to group. 7. Insurance company. (Insurance companies generally file separately.) 2. Foreign operating entity. 8. Financial institution. (Financial institutions and standard taxpayers 4. Foreign entity. generally are not included on the same combined return.) 5. Member has no MBT tax year (as a member of this UBG) ending with or within this filing period. 74. A B C D E F Number From Reason Check (X) if Federal Form 851 Code for Nexus with (if applicable) Name FEIN or TR Number Exclusion Michigan NAICS Code PART 4: PERSONS INCLUDED IN THE PRIOR COMBINED RETURN, BUT EXCLUDED FROM CURRENT RETURN List persons included as standard members in the immediately preceding combined return of this Designated Member that are not included as standard members on the return supported by this form. Persons that satisfy the criteria of Part 3 and Part 4 should be listed in each part. See column C instructions. 75. A B C Reason This Person is Not on Current Return Name FEIN or TR Number (See instructions for reason codes) + 0000 2022 59 06 27 1 |
Instructions for Form 4580 Michigan Business Tax (MBT) Unitary Business Group Combined Filing Schedule for Standard Members • More than 50 percent of the total combined voting power of Purpose all ownership interests with voting (or comparable) rights, or The purpose of this form is to: • than 50 percent of the total value of all ownership More • Identify all members of a Unitary Business Group (UBG) interests with voting (or comparable) rights. • Gather tax return data for each standard member included in Relationship Tests. The definition of a Unitary Business Group the combined return on a separate basis, make appropriate requires that the group of persons have business activities or eliminations, and determine combined UBG data for the tax operations that either: return. 1) Result in a flow of value between or among persons in the NOTE:This is not the primary return. It is designed to support group, or the MBT Annual Return (Form 4567) submitted on behalf of the UBG by the Designated Member (DM). 2) Are integrated with, dependent upon, or contribute to each other. Refund Only: If combined apportioned or allocated gross receipts of all members (before eliminations) is less than A taxpayer need only meet one of the two alternative tests to $350,000 and there is no recapture, and the taxpayer is filing satisfy the relationship test. Form 4567 solely to claim a refund of estimates paid, Form 1) Flow of value is established when members of the 4580 must also be included. The designated member must group demonstrate one or more of functional integration, complete Part 1A, Part 2B (skip lines 18 through 65), Part 3, centralized management, and economies of scale. Examples and Part 4 of Form 4580. For each member listed in Part 1A, of functional integration include common programs or complete Part 1B and 2A (skip lines 18 through 65). See Form systems and shared information or property. Examples of 4567 for instructions on completing that form. centralized management include common management or directors, shared staff functions, and business decisions Tax Years Less Than 12 Months made for the UBG rather than separately by each member. If the reported tax year is less than 12 months, gross receipts, Examples of economies of scale include centralized business must be annualized. If annualized gross receipts do not exceed functions and pooled benefits or insurance. Groups that $350,000, enter zero on this line. commonly exhibit a flow of value include vertically or horizontally integrated businesses, conglomerates, parent Annualizing companies with their wholly owned subsidiaries, and entities Multiply each applicable amount, total gross receipts, adjusted in the same general line of business. Flow of value must be business income, and shareholder, officer, and partner more than the mere flow of funds arising out of passive income by 12 and divide the result by the number of months investment. the business operated. Generally, a business is considered in 2) The alternate contribution/dependency relationship test business for one month if the business operated for more than asks whether business activities are integrated with, dependent half the days of the month. If the tax year is less than one upon, or contributed to each other. Businesses are integrated month, consider the tax year to be one month for the purposes with, are dependent upon, or contribute to each other under of the calculation. many of the same circumstances that establish flow of value. However, this alternate relationship test is also commonly General Information About UBGs in MBT satisfied when one entity finances the operations of another or when there exist intercompany transactions, including Unitary Business Group means a group of United States financing. persons, other than a foreign operating entity, that satisfies the control test and relationship test. For more information on the control and relationship tests for UBGs, see Revenue Administrative Bulletin (RAB) United States person is defined Internalin Revenue Code (IRC) MBT—Unitary Business Group Control Test, and 2010-1, § 7701(a)(30). foreignA operating entity is defined by statute in 2010-2, MBT—Unitary Business Group Relationship RAB Michigan Compiled Laws (MCL) 208.1109(5). on the Department of Treasury (Treasury) Web site Tests, Control Test. The control test is satisfied when one person at www.michigan.gov/treasury/ , under “Reports and Legal owns orcontrols, directly or indirectly, more than 50 percent Resources.” of the ownership interest with voting or comparable rights of the other person or persons. A person owns or controls more Filing Procedures for UBGs than 50 percent of the ownership interest with voting rights By definition, a UBG can include standard taxpayers, or ownership interest that confer comparable rights to voting insurance companies, and financial institutions. (Note that an rights anotherof person thatif person owns controls:or entity that would otherwise be standard but is owned by and 107 |
unitary with a financial institution is defined by statute to be a financial institution.) In some cases, however, not all members Example A: UBG A is composed of the following: of the UBG will be included on the same return. Standard • Four standard members members (not owned by and unitary with a financial institution • Three financial institutions (all with nexus in Michigan) in the UBG) file a combined return on Form 4567. Form 4580 • Two insurance companies. must be filed in support of that return. All members of UBG A are owned by and unitary Form 4580 is used to gather and combine data from each with one of the standard members of the UBG. UBG A standard member of the UBG to support the group’s Form will need to file Form 4567, supported by Form 4580, 4567 and related forms. This form must be completed before containing the four standard members and Form the group’s Form 4567 and related forms are completed. If 4590, supported by Form 4752, containing the three this UBG also includes financial institutions and/or insurance financial institutions. In Part 1 of Form 4580 or Form companies, those members generally will not report tax data on 4752, only the members that are included on that form this form, but will be listed as excluded affiliates in Part 3. (either the four standard members, or the three financial Financial institution members will report and combine their institutions) will be listed. Form 4580 with standard data using MBT Unitary Business Group Combined Filing members will be prepared under the name and Federal Schedule for Financial Institutions (Form 4752), which Employer Identification Number (FEIN) or Michigan supports the lead financial form, MBT Annual Return for Treasury (TR) assigned number of the group’s standard Financial Institutions (Form 4590). DM. One of the financial institutions will serve as DM for those three members and file Form 4590, supported Financial institutions include any of the following: by Form 4752. On Part 3 of Form 4580, list all financial • A bank holding company, a national bank, a state chartered and insurance members. On Part 3 of Form 4752, list all bank, an office of thrift supervision chartered bank or thrift standard and insurance members. The two insurance institution, or a savings and loan holding company other than companies each will file astand-alone Form 4588. a diversified savings and loan holding company as defined in 12 United States Code (USC) 1467a(a)(1)(F) or a federally Example B: UBG B is composed of the following: chartered Farm Credit System institution. • Four members that would be standard (see below) • Any person, other than a person subject to the tax imposed unless owned by a financial institution under Chapter 2A of the MBT Act (Insurance Companies), that • Three financial institutions (all with nexus in Michigan) is directly or indirectly owned by an entity described above and • Two insurance companies. is a member of the UBG. All members of UBG B are owned by and unitary with • A UBG of entities described in either or both of the one of the financial institutions in the UBG. Due to this preceding two bullets. ownership by a financial institution, the four members that Each insurance company member will file separately, using the otherwise would be standard are defined by statute to be Insurance Company Annual Return for Michigan Business and financial institutions. (See definition of financial institution Retaliatory Taxes (Form 4588). Because insurance companies earlier in these instructions.) Therefore, this UBG will not always file separately, rather than on a combined return, there file a Form 4580 or Form 4567. Seven members will file a is MBT no insurance form that serves a function similar to that combined return on Form 4590, supported by Form 4752, of Form 4580 and Form 4752. listing the two insurance members as excluded affiliates on Part 3 of Form 4752. The two insurance companies each will file astand-alone Form 4588. To complete this form and prepare acombined return, the UBG must select aDM. In Michigan, a UBG with standard members must file Form 4567. A Designated Member (DM) must file the return on behalf of the standard members of the group. In a parent- subsidiary controlled group, the controlling member must serve as DM if it has nexus with Michigan. If it does not have nexus, the controlling member may appoint any member with nexus to serve as DM. The tax year of the DM determines the filing period for the UBG. The combined return must include each tax year of each member that ends with or within the tax year of the DM. If a UBG is comprised of both standard taxpayers and financial institutions, the UBG will have two DMs (one for the standard taxpayer members completing Form 4567 and related forms, 108 |
and one for the financial institution members completing entity taxed federally as a Partnership). Form 4590 and related forms). NOTE: A person that is a disregarded entity for federal income Role of the DM: The DM speaks, acts, and files the MBT return tax purposes under the internal revenue code shall be classified on behalf of the group for MBT purposes. Only the DM may as a disregarded entity for the purposes of filing the MBT file a valid extension request for the group. Treasury maintains annual return. This means that a disregarded entity for federal the group’s MBT tax data (e.g., prior MBT returns, business tax purposes, including a single member LLC or Q-Sub, must loss carryforward, tax credit carryforward, overpayment credit file as if it were a sole proprietorship if owned by an individual, forward) under the DM’s name and account number. The or a branch or division if owned by another business entity. DM must be of the same taxpayer type (standard or financial as the members for which itfiles combined a return. Line 6: List the member’s tax year, for federal income tax institution) purposes, from which business activity is being reported on Line-by-Line Instructions this copy of Parts 1B and 2A. Lines not listed are explained on the form. Line 7: If the control test and relationship test were not both satisfied for this member’s entire federal tax year, enter the Dates must be entered in MM-DD-YYYY format. beginning and ending dates of the period within this member’s Do not enter data in boxes filled with Xs. federal tax year during which both tests were satisfied. These dates constitute a short tax period for MBT purposes, even For additional guidance, see the “Supplemental Instructions for if there is no corresponding short federal tax period. This Standard Members in UBGs” section in Form 4600. member must prepare apro forma federal return for the portion Part 1A: Unitary Business Group Members of its federal year during which it was a UBG member, and use that pro forma return as the basis for reporting the tax data Lines 1A and 1B: Beginning with the DM, list the UBG required by Part 2A. standard members and their corresponding FEIN or TR number. Use additional Part 1A, Form 4580 pages as needed. Line 8: Enter the member’s six-digit North American Industry Classification System (NAICS) code. For a complete list of NOTE: A taxpayer that is a UBG must file a combined return six-digit NAICS codes, see the U.S. Census Bureau Web site at using the tax year of the DM. The combined return of the UBG www.census.gov/eos/www/naics/. Enter the same NAICS code must include each tax year of each member whose tax year ends used when filing U.S. Form 1120S, U.S. Form 1065 , Schedule C with or within the tax year of the DM. For example, Taxpayer of U.S. Form 1040, or Schedule K of U.S. Form 1120. ABC is a UBG comprised of three standard members: Member A, the DM with a calendar tax year, and Members B Line 9: Enter the date, if applicable, on which this member and C with fiscal years ending March 31 and September 30, went out of existence. Examples include death of an Individual, respectively. Taxpayer ABC’s tax year is that of its DM. For dissolution of an entity, and a merger in which this member this group in 2013, that annual return will include Member was not the surviving entity. Include any event in which the A’s calendar year ending December 31, 2013, the tax year of FEIN ceases to be used by this entity. If this member continues Member B ending March 31, 2013, and the tax year of Member to exist, DO NOT use this line to report that this member has C ending September 30, 2013. stopped doing business in Michigan. Line 10: If this member has nexus with Michigan, Part 1B: Member Identification check this box. Guidance in determining nexus can be Include a separate copy of Parts 1B and 2A for each standard found in RAB 2007-6 and 2008-4, available online at member whose business activity is reported on the combined www.michigan.gov/taxes . (See the “Reference Library” link at return supported by this form. If a member (other than the DM) left edge of page.) has two or more tax periods ending with or within the filing period of the return, use aseparate copy of Parts 1B and 2A for Line 12: This line does not apply to the first MBT return filed each of that member’s tax periods. by this UBG. For subsequent tax periods, check this box if this member was not included in the UBG’s preceding MBT return. Line 5: Identify the organization type of this member: Line 13: Enter a concise description of the activities or • Individual. operations of this member that result in a flow of value • C Corporation (including an LLC, Trust, or other entity between this member and others in the UBG, or integration, taxed federally as a Corporation under Subchapter C of the dependence, or contribution to other members. This is IRC). not limited to transactions that are recognized for tax or • Fiduciary (a decedent’s estate, and a Trust taxed federally accounting purposes. It may include sharing of assets, as a Trust under Subchapter J of the IRC. A grantor Trust employees, data, business opportunities, or other resources. or “revocable living Trust” established by an Individual (See RAB 2010-2.) is not taxed as a separate entity, and should be listed as an Individual). Part 2A: Member Data for Combined Return of Standard Taxpayers • S Corporation (including an LLC, Trust, or other entity taxed federally as a Corporation under Subchapter S of the A member that does not file a separate federal return (e.g., a IRC). member that is a member of a federal consolidated group) must • Partnership (including an LP, LLP, LLC, Trust, or any other prepare a pro forma federal return or equivalent schedule and 109 |
use theit as basis for preparing itsportion of the MBT return. NOTE: Only transportation services are sourced using revenue miles. To the extent the UBG has business activities Line 14: Sale or Sales means amounts received bymembera as or revenue streams not from transportation services, those consideration from the following: receipts should be sourced accordingly. • Transfer oftitle to, or possession of, property that is stock in trade or other property of a kind which would properly Line Gross receipts 17: means the entire amount received by the member, as determined by using the member’s method of be included in the inventory of the member if on hand at accounting for federal income tax purposes, from any activity, the close of the tax period, or property held by the member whether in intrastate, interstate, or foreign commerce, carried primarily for sale to customers in the ordinary course of out for direct or indirect gain, benefit, or advantage to the its trade or business. For intangible property, the amounts member or to others, with certain exceptions. Receipts include, received will be limited to any gain received from the but are not limited to: disposition of that property. • Some or all receipts (sales proceeds) from the sale of assets • Performance of services which constitute business activities. used in a business activity. • Rental, leasing, licensing, or use of tangible or intangible • of products. Sale property, including interest, that constitutes business • Services performed. activity. • Gratuities stipulated on a bill. • Any combination of business activities described above. • Dividend and interest income. • For a member not engaged in any other business activities, sales • Gross commissions earned. include interest, dividends, and other income from investment • Rents. assets and activities and from trading assets and activities. • Royalties. If a member’s business activity is confined solely to Michigan • Sales of scrap and other similar items. and the member does not establish nexus in another state, all • Client reimbursed expenses not obtained in an agency sales are allocated to Michigan. State is defined to include a capacity. foreign country. A member is treated as if subject to tax in • Gross proceeds from sales between affiliated companies, another state if, in that state, the member is subject to a business including members of a UBG. privilege tax, a net income tax, a franchise tax measured by Use Worksheet 4700 in Form 4600 to calculate gross receipts. net income, a franchise tax for the privilege of doing business, Attach the worksheet to the return. Gross receipts are not a Corporation stock tax, or a tax of the type imposed under the necessarily derived from the federal return, however, the MBT Act, or that state has jurisdiction to subject the member worksheet will calculate gross receipts as defined by law in most to one or more of such taxes regardless of whether the tax is circumstances. Taxpayers and tax professionals are expected to imposed. A member will be treated as subject to a tax in another be familiar with uncommon situations within their experience, state for these purposes if the member has due process and which produce gross receipts not identified by specific lines on commerce clause nexus with that state. Worksheet 4700, and report that amount on the most appropriate If this member has no Michigan sales, enter zero. line. Treasury may adjust the figure resulting from the worksheet to account properly for such uncommon situations. Complete this line using amounts for the member’s business activity only. Do not include amounts from an interest owned A member should compute its gross receipts using the same by the member in a Partnership or S Corporation (or LLC taxed accounting method used in the computation of its taxable federally as such). income for federal income tax purposes. If this member is subject to tax in another state, as described Producers of Agricultural Goods: The total gross receipts above, use the “Sourcing of Sales to Michigan” information from all business activity must be reported on line 17, in the Form 4567 instructions to determine Michigan sales. If including the gross receipts from agricultural activity of a sales reported are adjusted by a deduction for qualified sales to person whose primary activity is the production of agricultural a qualified customer, as determined by the Michigan Economic goods. A subtraction is allowed on line 26 for the gross Growth Authority (MEGA), attach the Anchor District Tax receipts that have been included on this line that are from the Credit Certificate or Anchor Jobs Tax Credit Certificate from agricultural activity of a person whose primary activity is the the Michigan Economic Development Corporation (MEDC) as production of agricultural goods. support. Producers of Oil or Gas, and Minerals: The total gross For transportation services that source sales based on receipts from all business activity must be reported on line 17, revenue miles, include on Line 14 a sales amount calculated including the gross receipts from the production of oil or gas, by multiplying total sales of the transportation service by and minerals, even if this activity is subject to the Severance Tax the ratio of Michigan revenue miles over revenue miles on Oil or Gas, 1929 PA 48. A subtraction is allowed on line 26 everywhere as provided in the “Sourcing of Sales to for the gross receipts that have been included on this line that Michigan” section of the Form 4600 General Instructions, for are from the production of oil and gas that are subject to the that type of transportation service. Revenue mile means the Severance Tax on Oil or Gas. transportation for a consideration of one net ton in weight or one passenger the distance of one mile. Line 18: Enter inventory acquired during the tax year, including freight, shipping, delivery, or engineering charges 110 |
included the in original contract price for that inventory. Line 21: A staffing company may deduct compensation (including wages, benefits, and payroll all taxes) paid personnel to Inventory means the stock goods, of including electricity and supplied clients. to its Staffing company means taxpayer a whose natural gas, held for resale in the ordinary course of a retail business activities are included in Industry Group 736 under the or wholesale business, and finished goods, goods in process Standard Industrial Classification (SIC) Code compiled as by the of a manufacturer, and raw materials purchased from another United States Department Labor. of person. Inventory includes shipping and engineering charges so long as such charges are included in the original contract Payments to a staffing company by a client do not constitute price for the associated inventory. Inventory also includes purchases from other firms. floor plan interest for new motor vehicle dealers licensed under the Michigan vehicle code and any pre-paid sales tax Line 22: For taxpayers that fall under SIC major groups 15 (Building Construction General Contractors and Operative required paid to be on the inventory the at time purchase. of Builders), 16 (Heavy Construction Other Than Building For purposes of this deduction, floor plan interest means Construction Contractors), and 17 (Construction Special Trade interest paid that finances any part the of person’s purchase of Contractors) who do not claim the Small Business Alternative new motor vehicle inventory from manufacturer, a distributor, Credit (SBAC) under MCL 208.1417 for the tax year, the or supplier. However, amounts attributable to any invoiced following payments are considered “purchases from other firms:” items used provide to more favorable floor plan assistance to a • Payments to subcontractors for aconstruction project, under person subject the to tax imposed under the MBT Act than to a contract specific to that project, and a person not subject to this tax is considered interest paid by a manufacturer, distributor, or supplier, and is not considered • To the extent not deducted as “inventory” and “materials floor plan interest. and supplies,” payments for materials deducted as purchases in determining the cost of goods sold for the purpose of For a person that is a securities trader, broker, or dealer, or a calculating total income on the taxpayer’s federal income tax person included in the UBG of that securities trader, broker, return. or dealer that buys and sells for its own account, inventory includes contracts that are subject the to Commodity Exchange NOTE: This subtraction is only available to a member of Act, 7 USC 27f, 1 to the cost ofsecurities as defined under IRC the UBG if the group does not claim the SBAC for the tax § 475(c)(2) and for a securities trader the cost of commodities year. However, for purposes of the SIC code requirement, it is as defined under IRC 475(e)(2) § and for abroker or dealer the sufficient that the UBG member that made the payments listed cost ofcommodities as defined under IRC § 475(e)(2)(b), (c), above be included in SIC codes 15, 16, or 17. and (d), excluding interest expense other than interest expense Persons included in SIC codes 15, 16, and 17 include general related repurchase to agreements. As used this in provision: contractors (of residential buildings including single-family • Broker and dealer mean those terms as defined under homes; industrial, commercial, and institutional buildings; section 78c(a)(4) and (a)(5) the of Securities Exchange Act ofbridges, roads, and infrastructure; etc.), operative builders, and 1934, USC 15 78c. trade contractors (such as electricians, plumbers, painters, masons, etc.). See http://www.osha.gov/pls/imis/sic_manual.html for a • Securities trader means person a that engages the in trade or more complete list. business ofpurchasing and selling investments and trading assets. A subcontractor is an Individual or entity that enters into a contract and assumes some or all of the obligations of a person Inventory does not include either the of following: included in SIC codes 15, 16, and 17 as set forth in the primary • Personal property under lease or principally intended for contract specific to a project. Thus, payments to an independent lease rather than sale. contractor for general labor services not specific to a particular construction contract do not constitute purchases from other • Property allowed a deduction or allowance for depreciation firms. However, payments made to a subcontractor for services or depletion under the IRC. and materials provided under a contract specific to a particular Line 19: Enter assets, including the costs of fabrication construction project (such as the construction of commercial and installation, acquired during the tax year of a type that property at 2400 Main Street) do constitute purchases from are, or under the IRC will become, eligible for depreciation, other firms. There is no requirement that the subcontractors to amortization, or accelerated capital cost recovery for federal whom such payments are made be licensed. income tax purposes. The taxpayer bears the burden to prove it is entitled to a Line 20: To the extent not included ininventory or depreciable deduction in computing its tax liability. It is contemplated that property, enter materials and supplies, including repair parts good business practice would include documentation such as and fuel. a written contract that would support a deduction from gross receipts for payments to subcontractors as purchases from Materials and supplies means tangible personal property other firms. The supporting information for payments to a purchased in the tax year that are ordinary and necessary subcontractor could be incorporated into the contract for the expenses to be used in carrying on a trade or business. specific project or memorialized in a separate contract with Materials and supplies includes repair parts and fuel. Fuel a subcontractor specifying the project to which the costs means materials used and consumed produce to heat power or pertain. by burning. Fuel does not include electricity. 111 |
Line 24: On lines 24a through 24g, calculate a deduction from A) For a person classified under the 2002 North American gross receipts for a member that is a limited dividend housing Industrial Classification System (NAICS) Number 484, as association that owns and operates a Qualified Affordable compiled by the United States Office of Management and Housing Project (QAHP). Budget, that does not qualify for a credit under Section 417, enter the payment, made on or after July 12, 2011, to Public Act (PA) 168 of 2008 provides for a deduction from the subcontractors to transport freight by motor vehicle under a modified gross receipts and apportioned business income tax contract specific to that freight to be transported by motor bases for a QAHP. (A deduction from the apportioned business vehicle. Attach a letter to explain the activity that qualifies income tax base also is available. See below.) for this subtraction and the date of the payment. Include Qualified Affordable Housing Project means a person that the NAICS code. is organized, qualified, and operated as a limited dividend B) Enter on this line the gross receipts included on line housing association that has a limitation on the amount of which result from the agricultural activity of a person 17, dividends or other distributions that may be distributed to its primary activity (i.e., more than 50 percent of gross whose owners in any given year and has received funding, subsidies, is the production of agricultural goods. receipts) grants, operating support, or construction or permanent funding through one or more public sources. C) Enter on this line the gross receipts included on line 17 which result from the production of oil or gas, and minerals A limited dividend housing association is organized and if that production of oil or gas, and minerals is subject to the qualified pursuant to Chapter 7 of the State Housing Severance Tax on Oil or Gas, 1929 PA 48. Development Authority Act (MCL 125.1491 et seq). Line 28: Enter amount of the MBT Modified Gross Receipts If these criteria are satisfied, a QAHP may deduct from its (MGR) Tax collected in the tax year. modified gross receipts, its gross receipts attributable to the residential rental units in Michigan it owns multiplied MCL 208.1203(5) permits new motor vehicle dealers licensed by a fraction, the numerator of which is the number of rent under the Michigan Vehicle Code, PA 300 of 1949, MCL 257.1 restricted units in Michigan owned by that QAHP and the to 257.923, and dealers of new or used personal watercraft to denominator of which is the number of all residential rental collect the MGR Tax in addition to the sales price. The statute units in Michigan owned by the project. This deduction states that the “amount remitted to the Department for the is reduced by the amount of limited dividends or other [Modified Gross Receipts Tax] ... shall not be less than the distributions made to the owners of the project. Amounts stated and collected amount.” Therefore, the entire amount received by the management, construction, or development of the MGR Taxes stated and collected by new motor vehicle company for completion and operation of the project and dealers and new or used personal watercraft dealers must be rental units do not constitute gross receipts for purposes of remitted to Treasury. There should be no instance in which the deduction. a dealer collects amounts of the MGR Tax from customers in excess of the amount of MGR taxes remitted to Treasury. MCL 208.1201(8) governs the termination of this deduction. Eligible taxpayers that elect to separately collect the MGR Tax from customers in addition to sales price may include the Line 24a: Gross receipts attributable to residential rentals in collected tax as part of their estimated payments. Michigan do not include amounts received by the management, construction, or development company for completion and NOTE: Only new motor vehicle dealers and dealers of new or operation of the project and those rental units. used personal watercraft are permitted to separately itemize and collect a tax imposed under the MBT Act from customers Line 24b: Rent restricted unit means any residential rental in addition to sales price, and that authority is limited to only unit that has a rental rate restricted in accordance with IRC § the MGR Tax imposed and levied under MCL 208.1203. The 42(g)(1) as if it was a qualified low-income housing project, statute does not authorize separate itemizing and collection of or that receives rental assistance from Housing and Urban the Business Income Tax by any person. Development (HUD) section 8 subsidies, HUD housing assistance program subsidies, U.S. Department of Agriculture Line 29: A member that is a dealer of personal watercraft or rural housing programs, or from any of the programs described new motor vehicles that collected MGR Tax from customers in MCL 208.1203(8)(b). by separate statement on the invoice during the tax year, as entered in line 28, should complete the following worksheet to Line 24c: This includes rent restricted and unrestricted determine excess MGR Tax collected. residential rental units owned by the QAHP in Michigan. Line 25: If the member is licensed under Article 25 (Real WORKSHEET – Estate Brokers and Salespersons) or Article 26 (Real Estate EXCESS MGR TAX COLLECTED Appraisers) of the Occupational Code [MCL 339.2501 to A. Pro forma apportionment percentage 339.2518 and 339.2601 to 339.2637], enter payments made to from Form 4580, Part 2A, line 16a..... % independent contractors licensed under Articles 25 or 26. B. Modified gross receipts from Line 26: There are three items that qualify for entry on this Form 4580, Part 2A, line 27. If MGR line. If more than one type applies, enter the combined total as is less than zero, enter zero................. 00 a single amount. C. Apportioned MGR tax base. Multiply line B by line A.................... 00 112 |
D. Pro forma MGR Tax before credits. • Income derived from isolated sales, leases, assignment, Multiply line C by 0.8% (0.008) ......... 00 licenses, divisions, or other infrequently occurring E. Enrichment prohibition, amount from dispositions, transfers, or transactions involving property Form 4580, Part 2A, line 28 ............... 00 if the property is or was used in the member’s trade or F. Excess MGR Tax collected. business operation. If line D is less than line E, enter the • Income derived from the sale of a business. difference. Otherwise, enter zero. Personal investment income, gains from the sale of NOTE: Carry amount to Form 4580, Part 2A, held for personal use and enjoyment, or other assets property line 29 ................................................. 00 used in a trade or business, and any other income not not specifically derived from a trade or business that is earned, Line 30: Business income means that part of federal taxable received, or otherwise acquired by an Individual, an estate, income derived from business activity. For MBT purposes, or a Trust or Partnership organized or established exclusively federal taxable income means taxable income as defined in for estate or gift planning purposes, are not included in the IRC § 63, except that federal taxable income shall be calculated Business Income Tax base. This exclusion only applies to the as if section 168(k) [as applied to qualified property placed in specific types of persons identified above. Investment income service after December 31, 2007] and IRC § 199 were not in and any other types of income earned or received by all other effect. For a Partnership or S Corporation (or LLC federally types of persons not specifically referenced must be included in taxed as such), business income includes payments and items of the business income of the member. income and expense that are attributable to business activity of the Partnership or S Corporation and separately reported to the IMPORTANT: If business activity is protected under Public partners or shareholders. Law (PL) 86-272 for any member of the UBG, then the member must claim protection by filing the MBT Tax Schedule of Use the Business Income Worksheet (Worksheet 4746) in Form (Form Business Activity Protected Under Public Law 86-272 4586) 4600 to calculate business income. Attach Worksheet 4746 (if member is the DM) or the MBT Schedule of Business to the return. The worksheet will calculate business income Activity for Non-Designated Members of a Unitary Business as defined by law in most circumstances. Taxpayers and tax (Form 4581) (if Group Protected Under Public Law 86-272 professionals are expected to be familiar with uncommon is not the DM) and reporting its individual activity. member situations within their experience, which produce business all members of the UBG have PL 86-272 protection, a Unless income not identified by specific lines on the worksheet, and claiming protection must complete lines 30 through 45i. member report that amount on the most appropriate line. Treasury may If all members of the UBG are claiming PL 86-272 protection, adjust the figure resulting from Worksheet 4746 to account lines 30 through 45i blank. leave properly for such uncommon situations. So long as one member of a UBG has nexus with Michigan For an organization that is a mutual or cooperative electric exceeds the protections of PL 86-272, all members of the and company exempt under IRC § 501(c)(12), business income including members protected under PL 86-272, must UBG, equals the organization’s excess or deficiency of revenues included when calculating the UBG’s Business Income be over expenses as reported to the federal government by those base and apportionment formula. (In other words, PL 86- Tax organizations exempt from the federal income tax under the will only remove business income from the apportionable 272 IRC, less capital credits paid to members of that organization, Income Tax base when all members of the UBG are Business less income attributed to equity in another organization’s net under PL 86-272.) The inclusion of the business protected income, and less income resulting from a charge approved by a of members that fall under PL 86-272 in the tax base income state or federal regulatory agency that is restricted for a specified the UBG and the subsequent apportionment of such income of purpose and refundable if it is usednot for the specified purpose. not constitute taxation upon those PL 86-272 members. does For a tax-exempt person, business income means only that Rather, this method is required for properly determining the part of federal taxable income (as defined for MBT purposes) Michigan income of the UBG. derived from unrelated business activity. 31: Enter any interest income and dividends from Line For an Individual or an estate, or for a Partnership or Trust bonds and similar obligations or securities of states other than organized exclusively for estate or gift planning purposes, Michigan and their political subdivisions in the same amount business income is that part of federal taxable income (as that was excluded from federal taxable income (as defined defined for MBT purposes) derived from transactions, for MBT purposes). Include only the income derived from activities, and sources in the regular course of the member’s business activity. Reduce this addition by any expenses related trade or business, including the following: to the foregoing income that were disallowed on the federal return by IRC § 265 or 291. • All income from tangible and intangible property if the acquisition, rental, management, or disposition of the Line 32: Enter all taxes on, or measured by, net income property constitutes integral parts of the member’s regular including city and state taxes, foreign income tax, and Federal trade or business operations. Environmental Tax claimed as a deduction on the federal return. • Gains or losses incurred in the member’s trade or business Line 33: Enter the Michigan Business Taxm, including from stock and securities of any foreign or domestic surcharge, claimed as a deduction on this member’s federal corporation, and dividend and interest income. 113 |
return (or this member’s allocable share, if claimed on afederal NOTE: To the extent deducted in arriving at federal taxable consolidated return). income, any deduction under IRC 250(a)(1)(B) should be added back on this line (i.e., netted against subtractions made on this Line 34: Enter any net operating loss carryover or carryback line). that was deducted in arriving at this member’s federal taxable income (as defined for MBT purposes) reported on line 30. If Line 39: Enter any income included in federal taxable income the member reporting on this copy of Part 2A is a member of a (as defined for MBT purposes) that is attributable to other federal consolidated group, or for any other reason did not file a entities that have made a valid election to file and have filed separate federal return for the period reported here, the federal under the MBT. If this member owns an interest in only one net operating loss (NOL) carryover or carryback entered here such entity, list that entity’s FEIN or TR number in the field must be based on a pro forma federal return for the member on the form. If this member owns interests in more than one reporting on this copy of Part 2A. Enter this amount as a such entity, enter on the form the FEIN or TR number of one positive number. of the entities and attach a list of the account numbers of all. On the list include a breakdown of the amount of this income Line 35: Enter any losses included in federal taxable income subtraction that is attributable to each entity. In any case, the (as defined for MBT purposes) that are attributable to other amount on line 39 should be the total of all income, not just entities that have made a valid election to file and have filed the income of the one entity identified on the form. This under the MBT. If this member owns an interest in only one subtraction includes income attributable to this member’s such entity, list that entity’s FEIN or TR number in the field on ownership interest in another member of the UBG, to the this form. If this member owns interests in more than one such extent that income was included in this member’s federal entity, enter on the form the FEIN or TR number of one of the taxable income (as defined for MBT purposes). entities and attach a list of the account numbers of all. On the list include abreakdown of the amount of this loss add-back that Line 40: To the extent included in federal taxable income (as is attributable to each entity. In any case, the amount on line 35 defined for MBT purposes), deduct interest income derived should be the total of all losses, not just the loss of the one entity from United States obligations. identified on the form. This addition includes a loss attributable to this member’s ownership interest in another member of the Line 41: To the extent included in federal taxable income (as defined for MBT purposes), deduct any earnings that are net UBG, to the extent that loss was included in this member’s earnings from self-employment as defined under IRC § 1402 of federal taxable income (as defined for MBT purposes). the UBG member reporting here. The amount deducted shall Line 36: Enter any royalty, interest, or other expense paid be the amount properly reported on a schedule K-1-form 1065 to a person related to the member by ownership or control as self-employment earnings for federal income tax purposes for the use of an intangible asset if the person is not included for the tax year. in the member’s UBG. Royalty, interest, or other expense Line 42: There are three items that qualify for entry on this described here is not required to be included if the taxpayer can line. If more than one type applies, enter the combined total as demonstrate that the transaction has a nontax business purpose a single amount. other than avoidance of MBT, is conducted with arm’s-length pricing and rates and terms as applied in accordance with IRC A) For tax years that begin after December 31, 2009, to § 482 and 1274(d), and satisfies one of the following: the extent included in federal taxable income, deduct the amount of a charitable contribution made to the • Is a pass-through of another transaction between a third Advance Tuition Payment fund created under section 9 party and the related person with comparable rates and of the Michigan Education Trust Act, PA 316 of 1986, terms. MCL 390.1429. This is deductible only to the extent that • Results in double taxation. For purposes of this contribution was NOT federally deductible. subparagraph, double taxation exists if the transaction is subject to tax in another jurisdiction. B) Eligible licensed marihuana trades or businesses may • Is unreasonable as determined by Treasury, and the taxpayer subtract ordinary and necessary expenses paid or incurred agrees that the addition would be unreasonable based on the during the tax year that would be allowed if section 280E taxpayer’s facts and circumstances. of the internal revenue code were not in effect. Under the Michigan Regulation and Taxation of Marihuana Act • The related person (recipient of the transaction) is organized allows for what is often referred to as “recreational” (which under the laws of a foreign nation which has in force a “adult use” marihuana), a marihuana establishment or comprehensive income tax treaty with the United States. under that act is allowed a deduction from licensed Line 37: There currently are no additions that are recorded on Michigan income tax for certain expenses not allowed in this line. Leave this line blank. arriving at federal taxable income. IRC 280E prohibits a deduction for any amount paid or incurred in carrying on Line 38: To the extent included in federal taxable income (as a trade or business that consists of trafficking in Schedule defined for MBT purposes), enter any dividends and royalties I and II controlled substances (e.g., marihuana). However, received from persons other than United States persons the IRC is also structured to recognize the cost of goods and foreign operating entities, including, but not limited to, sold before reaching gross profit, regardless whether amounts determined under IRC § 78 or IRC § 951 to 965. taxpayer is in the business of trafficking in marihuana. Therefore, any expenses related to cost of goods sold (and 114 |
any other expenses already allowed in reaching federal name and FEIN of loss corporation, and loss amount for each taxable income) may not be subtracted from the Michigan loss corporation. base. On a non-DM member’s copy of this form: Only a member C) On a fiscal 2015-16 tax return, enter the Book-Tax that joined the group in the current tax year may report a deduction to the extent available. The deduction is only loss carryforward on its copy of this form. Report the loss available to a taxpayer that reported a Book-Tax amount on carryforward that the member brings into the group. If the Form 4593 with an original 2008 MBT annual return. incoming member was part of another UBG in the tax year immediately prior to the current year, the loss carryforward The Book-Tax deduction is calculated as follows: that it brings into the current year group refers to the incoming 1) Total of amount reported on Column C of Form 4593 member’s share of its former group’s total loss carryforward with the original 2008 MBT annual return. (For UBGs , reported on the former group’s immediately preceding Form compute the sum of the amounts reported by all current 4567. If the incoming member was not part of a UBG in members of the group who filed Form 4593.) the tax year immediately prior to the current year, the loss carryforward that it brings into the current year’s group refers 2) Calculate the amount needed to offset the net deferred to the amount reported on the immediately preceding Form tax liability of the taxpayer which results from the 4567 filed by that member on astand alone basis. imposition of the business income tax, at a rate of 4.95%, When a new, incoming member created a MBT business loss and the modified gross receipts tax, at a rate of 0.8%, carryforward from a MBT tax period prior to joining the calculated for the first fiscal period ending after July 12, current tax year UBG, the carryforward on that member’s 2007. account will be used by the current year group until it is fully 3) Take the lesser of the result of step 1or step 2. consumed (or that member leaves the group). This will be based upon accurate reporting of the incoming member’s loss 4) Report on this line 4% of the result of step 3. The carryforward on its copy of the current year group’s Form remaining percentage of the amount from step 3 will be 4580, as explained in the bulleted section above. When a deductible in future years. member that generated a carryforward in a prior period leaves A taxpayer claiming the Book-Tax deduction must maintain the group, that member will take with it an amount equal to the records and work papers necessary to support the calculation group’s remaining carryforward from that period multiplied by and journal entry identified for the same length of time that the the amount that member contributed and divided by the total deduction is available, and to support a potential audit of the amount contributed by all group members for the carryforward taxpayer’s business by the Michigan Department of Treasury. in that same period. If these instructions are not followed carefully, loss Line 44: Enter any unused MBT business loss carryforward that was reported on the MBT return for the immediately carryforward available for use by the group in the current preceding tax period on the appropriate group member copy of filing period will be miscalculated. It is important to review a carryforward for the possibility that some or all of it has this form as explained in the bulleted section below. Only MBT business losses that were incurred after December 31, 2007, expired, or that some or all of it was withdrawn from the group may be entered on this line. by a departing member. Business loss means a negative business income tax base after Loss carryforward consumed on a return always is the oldest allocation or apportionment. The business loss will be carried available on that return, regardless of whether the oldest loss forward to the year immediately succeeding the loss year as was generated by the group, brought by an incoming member, an offset to the allocated or apportioned Business Income Tax or acquired by a member of the group via IRC § 381. Loss base, then successively to the next nine taxable years following carryforward of a UBG, including loss carryforward brought the loss year or until the loss is consumed, whichever occurs by an incoming member and loss carryforward acquired by first, but for not more than ten taxable years after the loss year. the group or its members via IRC § 381, ages according to the tax years of the group, rather than tax years of any particular A taxpayer that acquires the assets of another corporation in member. a transaction described under section 381(a)(1) or (2) of the Internal Revenue Code (IRC) may deduct any MBT business NOTE: MBT business loss carryforward is not the same as a loss carryforward (hereinafter, loss carryforward) attributable federal net operating loss carryforward or carryback, or a CIT to that other corporation. Losses acquired via IRC sec. 381 (a) loss carryforward. (1) or (2) are reported on this line by the member identified in Line 45: If taking the QAHP deduction only, complete lines the bulleted section below. 45a through 45i in Part 2A: Member Data for Combined Return On the DM’s copy of this form: Enter loss carryforward from of Standard Taxpayers. If taking the seller’s deduction only, the group’s immediately preceding Form 4567, less any part of skip lines 45a through 45h and carry the amount from Form that carryforward subsequently taken by departing members 4579, line 5, to line 45i. If taking both deductions, complete the (see below), plus any loss acquired by the group via IRC § 381 QAHP deduction calculation on lines 45a through 45h, and add (as defined above). Include a list of all loss corporations whose to the total at line 45i the amount from Form 4579, line 5. losses were acquired in this manner by this UBG during the PA 168 of 2008 provides for a deduction from the apportioned filing period. Provide name and FEIN of acquiring member, Business Income Tax base to a QAHP and aseller of residential 115 |
rental units to a QAHP. Qualified Affordable Housing Project Line 45i: The seller may take deduction a from apportioned its is defined under instructions for line 24. Business Income Tax base equal to the gain from the sale of the residential rental units to the QAHP, as calculated on The QAHP may deduct from its apportioned Business Income the MBT Qualified Affordable Housing Seller’s Deduction Tax base an amount equal theto product the of taxable income (Form 4579). Enter the amount from Form 4579, line 5. All attributable to residential rental units in Michigan it owns MBT forms, including Form 4579, are available online at multiplied by a fraction, the numerator of which is the number www.michigan.gov/mbt. of rent restricted units in Michigan owned by that QAHP and the denominator ofwhich is the number all of residential rental When the seller claims a deduction for the year of sale, the units in Michigan owned by the project. MCL 208.1201(8) State will place a lien on the property equal to the amount of governs the termination this of deduction. the seller’s deduction. the If buyer fails toqualify as QAHP a or fails to operate any of the residential rental units as rent The seller’s deduction is described in the instructions to line restricted units in accordance with the operation agreement 45i. within 15 years after the date of purchase, the lien placed on Lines 45a through 45c: general,In taxable income attributable the property for the amount of the seller’s deduction becomes to residential rental units is gross rental receipts attributable payable theto State. The lien payableis through “recapture”a to residential rental units in Michigan less rental expenses to be added to the tax liability of the buyer in the year the attributable toresidential rental units in Michigan, including, recapture event occurs. The recapture is calculated on MBT but not limited to, repairs, interest, insurance, maintenance, Schedule of Recapture of Certain Business Tax Credits and utilities, and depreciation. Deductions (Form 4587), and is reduced proportionally for the number of years the buyer qualified for the deduction. Specifically, Partnerships may use a Rental Real Estate Income and Expenses of a Partnership or an S Corporation Lines 46 through 65: These lines are for reporting each (U.S. Form 8825) to determine its taxable income attributable member’s credit carryforwards remaining from a previous to residential rental units in Michigan. To the extent that the year. If the group created credit a carryforward preceding in a QAHP is taxed as something other than a Partnership or S tax period, Treasury will have maintained that carryforward on Corporation, the QAHP may use the Supplemental Income and the DM’s account. Enter unused credit carryforwards of this Loss (U.S. Form 1040, Schedule E) theor relevant portions of type on the DM’s copy Part of 2A. the U.S. Corporation Income Tax Return (U.S. Form 1120), as appropriate. If the QAHP is a Corporation, the expenses If a member created a credit carryforward prior to joining permitted should be limited to those also listed on the Low- the UBG, Treasury will maintain that carryforward on that Income Housing Credit Agencies Report ofNoncompliance or member’s account, subject to use by the group, until it is fully Building Disposition (U.S. Form 8823) and U.S. Form 1040, consumed or that member leaves the group. Enter unused credit Schedule E. Rental receipts and expenses must be calculated carryforwards of this type on the copy of Part 2A filed for the without regard any to gain loss or resulting from the disposition member that brought the carryforward to the group. of rental property. Also, since Partnerships are subject to tax Available credit carryforwards, regardless of whether they as a person under MBT, flow-through amounts from other arose within the group oroutside of are it, applied against the Partnerships are not considered. UBG’s tax liability on the basis of age (oldest first). Credit Improvements that increase the value the of property extend or carryforward of a UBG, including credit carryforward brought its life, such as replacing a roof or renovating a kitchen, are by an incoming member, ages according to the tax years of the not deductible rental expenses. Any passive activity loss group, rather than tax years of any particular member. limitations applicable the to QAHP’s federal return also apply If two members each created a carryforward of the same for purposes MCL of 208.1201(7). credit and the same age, and together they exceed the amount allowable in this filing period, those members’ respective Line 45d: Rent restricted unit means a residential rental credit carryforwards are used in proportion to the amount unit’s rental income is restricted in accordance with IRC § they contributed to the group. If a member that generated a 42(g)(1) as if it was a qualified low-income housing project, carryforward ina prior period leaves the group, that member or receives rental assistance in the form of HUD section 8 will take with it an amount equal to the group’s remaining subsidies or HUD housing assistance program subsidies, or carryforward from that period multiplied by the amount that rental assistance from the U.S. Department Agriculture of rural member contributed relative the to total amount contributed by housing programs, from or any the of other programs described all group members for the same credit that in same period. in MCL 208.1203(8)(b). NOTE: It is important to review a carryforward for the Line 45e: This includes rent restricted and unrestricted possibility that some orall of has it expired, that or some all or residential rental units owned the by QAHP Michigan. in of it was withdrawn from the group departing by a member. Line 45h: The QAHP’s deduction reduced is by the amount of Each these of lines for tax a credit carryforward the is amount limited dividends other or distributions made the to owners of of the identified item that may beclaimed in this filing period. the project. Income received by the management, construction, or development company for completion and operation of the See the “Supplemental Instructions for Standard Members in project and rental units does not constitute taxable income UBGs” section Form in 4600 for information on the effects of attributable residential to rental units. members leaving orjoining a UBG on credit carryforwards. 116 |
Line 66: Enter overpayment credited from the prior MBT or not eliminate intercompany transactions between itself and the Corporate Income Tax (CIT) return. When membership of a foreign operating entity. UBG changes from one filing period to the next, carryforward If a transaction between two members of a UBG is reported of an overpayment from the prior return remains with the DM’s on the group’s current return by one member but reported on account. As with business loss carryforwards, in general this the preceding or succeeding group return by the other member line should be used only on the DM’s copy of Part 2A (credit (due to differing year ends or accounting methods of the forward from the group’s prior return) or that of a new member members), the side of that transaction that is included in the (credit forward from the new member’s final return as a group’s current filing period must be eliminated. The other side separate filer). of the same transaction will be eliminated on the group return Line 67: All MBT estimated payments for a UBG should be for the filing period in which the other member reports the made by the DM. Enter estimates paid by the DM on this line of transaction. the DM’s copy of Part 2A. If any other member paid estimates Line 29C: Add the combined total after eliminations from attributable to the group return supported by this form, enter Part 2B, line 29C, to the number on Form 4567, line 25, and those estimates on that member’s copy of Part 2A. Include all carry the sum to Form 4567, line 26. This calculation method is payments made by that member for any portion of its federal designed to prevent the fact of one member overcharging MGR filing period that is included on the group return. For example, Tax to its customers from being obscured by activities of the if a non-DM member has a12-month fiscal year beginning April other members. 1, 2010, and is a member of a calendar year UBG throughout that period, its business activity from April 1, 2010, through March Line 43C: Business Income Tax Base. Add Column C, lines 30 31, 2011, will be reported on the group’s December 31, 2011, through 37 and subtract Column C, lines 38 through 42. return. If that member pays MBT quarterly estimates, it will Line 70: U.S. person is defined in IRC § 7701(a)(30). make two estimates during 2010, before the DM’s filing period begins. Because those estimates are attributable to activity that Line 72: Flow of value, integration, dependence, and will be reported on the group’s December 31, 2011, return, they contribution in a UBG context are described under “General should be included on the paying member’s copy of Part 2A for Information About UBGs in MBT” at the beginning of these the December 31, 2011, group return. instructions for Form 4580, and in RAB 2010-2. Line 68: This line is no longer is use. Part 3: Affiliates Excluded From The Combined Return of Standard Taxpayers Line 69: Only the DM may request a filing extension for a The statutory test for membership in a UBG is a group of U.S. UBG. If any other member submits an extension request, it persons (other than a foreign operating entity): will not create a valid extension for the UBG, but any payment included with such a request can be credited to the UBG by • One whichof owns controls,or directly indirectly,or more entering that payment on this line in that member’s copy of than 50 percent of the ownership interest with voting rights Part 2A. or ownership interests that confer rights comparable to voting rights of the other U.S. persons (see RAB 2010-1); and Part 2B: Summary of Business Activity for Combined • That has business activities or operations which result in a Return of Standard Taxpayers flow of value between or among persons included in the UBG Part 2B supports, line by line, the combination of all members’ or has business activities or operations that are integrated entries for each corresponding line in Part 2A, and elimination with, are dependent upon, or contribute to each other. Flow of intercompany transaction data where appropriate. In general, of value is determined by reviewing the totality of facts and see instructions for corresponding line numbers in Part 2A. circumstances businessof activities and operations. (See RAB Guidance specific to the combination and elimination process 2010-2.) is provided below. A person that would be a standard taxpayer if viewed NOTE: Elimination, where required, applies to transactions separately is defined and taxed financialas a institution if it is between any members of the UBG. For example, if the UBG owned, directly indirectly,or by financiala institution and is in includes standard taxpayers (not owned by and unitary with a a UBG with owner.its financial institution in the UBG), an insurance company, and The purpose of Part 3 is to identify persons for which the two financial institutions, transactions between a standard ownership test described above is satisfied, but which are not taxpayer member and an insurance or financial member are included on the combined return supported by this form, either eliminated whenever elimination is required, despite the fact because the relationship test notis satisfied becauseor the person that the insurance and financial members are not reported on is excluded statute.byA new member whose business activity is the combined return filed by standard taxpayer members. not included in the current combined return because its tax year However, there is no elimination with an otherwise related ends after the filing period theof UBG should also listedbe here. entity if the related entity is excluded from the UBG. For Line 74A: If a person being listed here is listed on example, consider agroup with aU.S. parent, aU.S. subsidiary, U.S. Form 851, enter the identifying number for that person and a foreign operating entity subsidiary that would otherwise that is called “Corp. No.” at the left edge of pages 1, 2, and 3 of be a UBG, but the foreign operating entity is excluded from the U.S. Form 851. UBG by definition. The U.S. parent filing a UBG return may 117 |
Line 74D: Reason codes for affiliates being excluded from the If some or all members reporting on the current combined current combined return: return are also members of a federal consolidated group, each member will prepare its portion of this Form 4580 on the basis 1 Lacks business activities resulting in a flow of value or of a pro forma federal return. In this case, attach a copy of integration, dependence or contribution to group. the applicable pro forma form and schedules as listed in the 2 Foreign operating entity. “Other Supporting Forms and Schedules” section of Form 4567 4 Foreign entity. instructions. 5 Member has no MBT tax year (as a member of this Include completed Form 4580 as part of the tax return filing. UBG) ending with or within this filing period. 6 Other. (Include an explaination.) 7 Insurance company. (Insurance companies generally file separately.) 8 Financial institution. (Financial institutions and standard taxpayers generally are not included on the same combined return.) For questions call Treasury Technical Services at 517-636- 4230, to discuss an appropriate entry. Line 74E: If this person has nexus with Michigan, enter a check in this box. Line 74F: Enter the person’s six-digit NAICS code. For a complete list of six-digit NAICS codes, see the U.S. Census Bureau Web site at www.census.gov/eos/www/naics/, or enter the same NAICS code used when filing the U.S. Form 1120, Schedule K; U.S. Form 1120S; U.S. Form 1065; or U.S. Form 1040, Schedule C. Part 4: Persons Included in the Prior Combined Return, but Excluded From Current Return The purpose of Part 4 is to assist Treasury in tracking membership changes of a UBG from year to year. NOTE: If a person satisfies the criteria for both Part 3 and Part 4, report that person in both parts. This is a change of procedure from prior MBT forms and instructions. Line 75C: Reason codes for a person being included in last year’s return but not on the current combined return: 10 The member no longer meets the control test, but the ownership interest is still greater than zero. 12 The member no longer meets the control test and the ownership interest is zero. 14 Before the beginning of the group’s filing period for the group’s current combined return, the person ceased to exist due to dissolution. 16 Before the beginning of the group’s filing period for the group’s current combined return, the person ceased to exist due to a merger or similar combination. If the reason is not listed among these reason codes, describe the reason in 21 characters or less in the space provided. Other Supporting Forms and Schedules For each member that files a separate federal return, attach copies the of same pages that of member’s federal return are as required for a separate filer in similar circumstances. See the “Other Supporting Forms and Schedules” section Form of 4567 instructions for guidance on required pages federal of returns. 118 |