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4579, Page 2
Instructions for Form 4579
Michigan Business Tax (MBT) Qualified Affordable Housing Seller’s Deduction
Purpose a specific number of the residential rental units sold as rent
restricted units for a minimum of 15 years.
Public Act (PA) 168 of 2008 provides for deductions from the If these requirements are satisfied, the seller may take a deduction
Business Income Tax base and Modified Gross Receipts Tax from its Business Income Tax base – after apportionment – of the
base for certain amounts associated with the sale of residential gain from the sale of the residential rental units to the qualified
rental units to — and operation of those units by — a qualified affordable housing project. If, under the agreement, the buyer agrees
affordable housing project. to operate something less than the full amount of the rental units as
This form is used to calculate the seller’s deduction and establish rent restricted units, then the deduction is limited to the gain on the
the maximum recapture that the buyer may be liable for if it fails sale of the rental units multiplied by a fraction, which is the number
to qualify as a qualified affordable housing project or fails to of rental units sold to be operated as rent restricted units over the
operate in accordance with the operation agreement. total number of residential rental units sold.
NOTE: Beginning January 1, 2012, only those taxpayers with a If a sale of qualifying property is reported on the installment
certificated credit, which is awarded but not yet fully claimed or method for Federal Income Tax purposes, the gain — or a
utilized, may elect to be MBT taxpayers. If a taxpayer files an proportional amount of the gain — may be deducted over
MBT return and claims a certificated credit, the taxpayer makes time under the installment method so long as this treatment
the election to file and pay under the MBT until the certificated is consistent with the seller’s treatment of the transaction for
credit and any carryforward of that credit are exhausted. A Federal Income Tax purposes.
taxpayer making a valid certificated credit election may also
claim the credits on this form. Liens and Recapture
The Michigan Department of Treasury must record a statutory
Eligibility lien against the property subject to the operation agreement for
Qualified affordable housing project means a person that is the full (maximum) amount of the deduction from the Business
organized, qualified, and operated as a Limited Dividend Income Tax base of the seller. If a sale of qualifying property
Housing Association that has a limitation on the amount of is reported on the installment method for Federal Income Tax
dividends or other distributions that may be distributed to its purposes, the lien will be filed in the initial year of the sale for
owners in any given year and has received funding, subsidies, the full amount of the cumulative deductions.
grants, operating support, or construction or permanent funding If the buyer fails to qualify as a qualified affordable housing
through one or more sources, including those listed below: project or fails to operate any of the residential rental units as rent
• Mortgage or other financing provided by the Michigan restricted units in accordance with the operation agreement within
State Housing Development Authority, the Federal Department 15 years after the date of purchase, a proportionate amount of the
of Housing and Urban Development (HUD), the Federal lien becomes payable to the State. A qualified affordable housing
Department of Agriculture for Rural Housing Service, the project that converts some but not all of its rent restricted units to
Michigan Interfaith Housing Trust Fund, Michigan Housing free market units in violation of the operation agreement would
and Community Development Fund, Federal Home Loan Bank, experience recapture. Failure to operate just one residential rental
Housing Commission Loan, Community Development Financial unit in accordance with an operation agreement constitutes failure to
Institution, or mortgage or other funding or guaranteed by Fannie, operate “all or some” of the residential rental units as rent restricted
Ginnie, Federal Housing Association, United States Department of units in accordance with the operation agreement. The lien is payable
Agriculture, or Federal Home Loan Mortgage Corporation. through a “recapture” to be added to the tax liability of the buyer in
the year the recapture event occurs, the amount of which is equal
• A tax exempt bond issued by a nonprofit organization, local
to the full amount of the deduction allowed the seller multiplied
government, or other authority.
by a fraction, which is the difference between 15 and the years the
• A payment in lieu of tax agreement or other tax abatement.
affordable housing project qualified and complied with the terms
• Funding from the state or local government unit through a of the agreement over 15. This recapture is reported on the MBT
HOME investments partnership program. Schedule of Recapture of Certain Business Tax Credits and
• A grant or other funding from a federal home loan bank’s Deductions (Form 4587) and is mandatory even if a taxpayer does
affordable housing program. not meet the MBT gross receipts filing threshold.
• Financing or funding under the Federal New Markets Tax
Credit Program. Line-by-Line Instructions
• Financing under HUD’s Hope VI Program as authorized by Lines not listed are explained on the form.
Section 803 of the National Affordable Housing Act, HUD’s Name and Account Number: Enter name and account number
Section 202 program authorized by Section 202 of the National as reported on page 1 of Form 4567.
Housing Act, and under the Low-Income Housing Tax Credit Unitary Business Groups (UBGs): Complete one form for each
program under Internal Revenue Code § 42. member for whom this schedule applies. Enter the Designated
• Financing or other subsidies from any new programs similar Member (DM) name in the Taxpayer Name field and the specific
to any of the above. member of the UBG for which this form is filed on the line below.
A limited dividend housing association is organized and qualified Line 5: Multiply line 1 by the percentage on line 4. Carry this
pursuant to Chapter 7 of the State Housing Development Authority amount to the seller’s Form 4567, line 48i.
Act (Michigan Compiled Law 125.1491 et seq). UBGs: Carry amount on line 5 to the MBT Unitary Business
The seller and buyer of affordable rental units must enter into Group Combined Filing Schedule for Standard Members
an “operation agreement” in which the buyer agrees to operate (Form 4580), Part 2A, line 45i.
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