Business Tax (MBT) STANDARD TAXPAYERS This booklet contains information on completing a Michigan Business Tax return for calendar year 2022 or a fiscal year ending in 2023. E-filing your return is easy, fast, and secure! Visit Treasury’s Web site at www.MIfastfile.org for a list of e-file resources and how to find an e-file provider. WWW.MIFASTFILE.ORG FILING DUE DATE: CALENDAR FILERS — APRIL 30, 2023 FISCAL FILERS — THE LAST DAY OF THE FOURTH MONTH AFTER THE END OF THE TAX YEAR. WWW.MICHIGAN.GOV/TAXES This booklet is intended as a guide to help complete your return. It does not take the place of the law. MICHIGAN 2022 Michigan Department of Treasury — 4600 (Rev. 01-23) |
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Important Information for 2022 — Michigan Business Tax, Standard Taxpayer Michigan Business Tax (MBT) Election included for any taxpayer that is not an individual/fiduciary. Only those taxpayers that have been approved to receive, A UBG that is claiming an SBAC is required to attach Form have received, or have been assigned a certificated credit 4577 or 4578, whichever is applicable, for each member that is that has not yet fully been claimed or utilized may elect to be not an individual/fiduciary. MBT taxpayers. If a taxpayer files an MBT return for its first MBT UBG Combined Filing Schedule for Standard tax year beginning after December 31, 2011, the taxpayer Members (Form 4580) makes the election to file and pay under the MBT until the Members of a UBG will report their data on Form 4580. Once certificated credit and any carryforward of that credit are all member data is combined and eliminations are calculated, exhausted. Except for taxpayers with certain qualifying historic these final figures will carry to Form 4567. All credits claimed preservation, brownfield redevelopment, or farmland credits, on Form 4580 must be supported by the applicable forms and the election must be made for the first tax year beginning after these forms must be included when filing the return. December 31, 2011. Once the election is made and the return is submitted, the taxpayer may not amend the return to revoke the UBG members may have different tax year-ends. The election. If the taxpayer is not subject to the Corporate Income combined return must include each member whose tax year Tax (CIT) and does not have a certificated credit or does not ends with or within the tax year of the designated member. elect to remain under the MBT election, that taxpayer will not Estimates/Extensions have a business tax liability for the periods beginning on and • All estimated payments, extension payments, and tax after January 1, 2012. Find a list of certificated credits in the returns must be filed under the name and account number of General Information for Standard Taxpayers in the MBT Forms the UBG’s designated member. and Instructions for Standard Taxpayers (Form 4600). • If making estimated or extension payments by EFT, the Information for Completing an MBT Return associated vouchers are not required to be submitted. MBT Annual Return (Form 4567) Amended Returns The definition of gross receipts is not the same as the definition NOTE: A taxpayer may not amend to revoke the election of sales. Refer to MCL 208.1111 for the definition of gross to remain taxable under the MBT. Once the taxpayer makes receipts and MCL 208.1115 for the definition of sales. a valid election to claim a certificated credit, the taxpayer must remain in the MBT until the certificated credit and any Taxpayers claiming the deduction for contractors must be carryforward of that credit are exhausted. Most certificated persons included in SIC codes 15, 16, or 17 and the entity credits must be claimed for the taxpayer’s first tax year ending claiming the deduction does not claim the SBAC. Refer to after December 31, 2011. https://www.osha.gov/data/sic-manual for a list of SIC codes. The staffing company deduction is allowed for those taxpayers When amending, complete Michigan Business Tax Annual whose business activities are included in Industry Group Return (Form 4567) and check the “Amended” box in the upper- 736 under the SIC Code. This deduction is not available for right corner of the return, and attach a separate sheet explaining professional employer organizations (PEOs); only Staffing the reason for the changes. Include an amended federal return Companies are eligible for the deduction. or a signed and dated Internal Revenue Service (IRS) audit document. Include all schedules and forms filed with the original “Net Earnings from Self Employment” for purposes of the return, even if not amending that schedule or form. Do not business income tax base deduction, is the amount properly include a copy of the original return with your amended return. reported on a schedule K-1 Form 1065 as self-employment earnings for federal income tax purposes for the tax year. To amend an annual return for years prior to 2012, complete either the MBT Annual Return (Form 4567) or MBT Simplified When filing a return for a Unitary Business Group (UBG), Return (Form 4583) that is applicable for that year, check the only one Form 4567 is required for the entire group. Separate “Amended” box in the upper-right corner of the return, and entity information will be included with the Michigan Business attach the required documents. Unitary Business Group Combined Filing Schedule for Standard Members, Form 4580. Accelerated Credits MBT Credits for Compensation, Investment, and A taxpayer with a certificated credit under section 435 Research and Development (Form 4570) (Historic) or 437 (Brownfield) of the Michigan Business Tax When filling out Form 4570 to claim the ITC Credit, make sure Act (MBTA), or any unused carryforward of such certificated to include the description, location, and date acquired for each credit that may be claimed in a tax year ending after December asset listed. Use additional sheets if necessary; “See Attached” 31, 2011, may elect to pay the tax imposed by the MBTA in the is not acceptable. tax year in which that certificated credit may be claimed in lieu of the CIT. If a person with a certificated credit under section MBT Schedule of Shareholders and Officers (Form 435 or 437 that elects to pay the MBT is a member of a UBG, 4577) and MBT Schedule of Partners (Form 4578) the designated member of the UBG, and not the member, shall When claiming the Small Business Alternative Credit (SBAC), file a UBG return and pay the tax, if any, under the MBTA and Form 4577 or 4578 (whichever is applicable) is required to be claim that certificated credit. 1 |
For a tax year beginning after December 31, 2011, if a claim an accelerated refund for the balance of the credit, but certificate of completion, assignment certificate, or component the amount of that refund shall be equal to 86 percent of the completion certificate is issued under section 437 to a taxpayer, amount of the credit. or if a certificate of completed rehabilitation, assignment For more details, see the Request for Reduced Refundable certificate, or reassignment certificate is issued under section Credit Payout for the Brownfield Redevelopment Credit and 435 to a taxpayer, beginning on and after January 1, 2012, Historic Preservation Credit (Form 4889). Michigan tax Forms the taxpayer may elect to claim an accelerated refund for 90 are online at www.michigan.gov/taxes. An accelerated credit percent of the amount of that certificate. refund will be paid within 60 days after Form 4889 is filed. If section 437 or 435 provides that payment of a credit will be If a taxpayer files Form 4889 and claims an accelerated credit, made over a period of years or limits the annual amount of a the taxpayer makes the election to file and pay under the MBT payment, an accelerated refund may only be claimed for the until the certificated credit and any carryforward of that credit amount payable in the year claimed. are exhausted. A taxpayer claiming an accelerated credit on However, a taxpayer claiming the Special Consideration Form 4889 must also file an annual MBT return. Historic Preservation Credit under section 435(20) may elect to 2022 General Information for Standard Taxpayers Insurance Companies and Financial Institutions: See the Michigan Business Tax (MBT) Instruction Booklet for Insurance Companies (Form 4592) or the MBT Instruction Booklet for Financial Institutions (Form 4599) at www.michigan.gov/taxes. This booklet is intended as a guide to help complete the MBT return. It does not take the place of the law. Who Files a Standard Return? • The Modified Gross Receipts Tax rate is 0.8 percent, and Only those taxpayers with a certificated credit, which is • The Business Income Tax rate is 4.95 percent. awarded but not yet fully claimed or utilized, may elect to be The statute then offers credits that reduce the initial calculation MBT taxpayers. If a taxpayer files an MBT return and claims of tax. a certificated credit, the taxpayer makes the election to file The Modified Gross Receipts Tax base consists of and pay under the MBT until the certificated credit and any gross receipts less purchases from other firms and other carryforward of that credit are exhausted. Once the election is subtractions. Gross receipts are defined as the entire amount made and the return is submitted, the taxpayer may not amend received by a taxpayer from any activity carried on for direct the return to revoke the election. For most certificated credits, or indirect gain, benefit, or advantage to the taxpayer or to the election must have been made for the taxpayer’s first tax others, with certain specific exceptions. (See the instructions year ending after December 31, 2011. for the MBT Annual Return (Form 4567) for additional Insurance companies and financial institutions will calculate guidance.) tax liability using specialized tax bases and rules, which are For most taxpayers, the Business Income Tax base is that part of covered in separate booklets (see the Insurance Company federal taxable income (as defined for MBT purposes) derived Annual Return for Michigan Business and Retaliatory Taxes from business activity, with certain additions and subtractions. (Form 4588) and Annual Return for Financial Institutions (Form 4590), respectively). A person that would be a standard Required Corporate Income Tax Comparison taxpayer if viewed separately is defined and taxed as a financial institution if it is owned, directly or indirectly, by a MBT liability is calculated as the higher of MBT or hypothetical financial institution and is unitary with that owner. CIT liability under the certificated credit election. If both taxes result in a refund, the taxpayer must take the lesser refund. Using This Booklet Taxpayers calculate their business income and modified gross This MBT booklet includes forms and instructions for all receipts tax bases, and MBT tax liability applying all credits, “standard taxpayers” (all filers except insurance companies deductions, and exemptions available under the MBT act. and financial institutions). These forms are designated for 2022 Then, as if they were subject to the CIT, taxpayers calculate calendar year filers, and fiscal filers with tax years ending in 2023. their business income tax base, and CIT liability applying all credits and deductions available under the Income Tax Act. The Read the “General Information” section first. The Michigan hypothetical CIT liability is then reduced (not below zero) by Department of Treasury (Treasury) recommends taxpayers and the amount of certificated nonrefundable credits used to offset tax preparers also briefly review the instructions for all forms. the MBT liability. The hypothetical CIT liability is further A taxpayer might qualify for a credit and yet be unaware of it. reduced by the total amount of certificated refundable credits claimed under the MBT liability calculation, resulting in the Overview of MBT for Standard Taxpayers taxpayers’ final hypothetical CIT liability. Taxpayers’ final MBT imposes both a Modified Gross Receipts Tax and MBT liability consists of the higher of the calculated MBT and a Business Income Tax on all standard taxpayers with hypothetical CIT liabilities. If both MBT and hypothetical CIT apportioned or allocated gross receipts (annualized, if liabilities result in tax refunds (negative liability), taxpayers are applicable) equal to $350,000 or more, where: entitled to the lower refund amount. 2 |
Specific forms are provided to perform the MBT to CIT approximate the liability for the quarter. comparison and determine the tax liability or refund. The NOTE: Your debit transaction will be ineligible for EFT Michigan Schedule of Corporate Income Tax Liability for if the bank account used for the electronic debit is funded or a Michigan Business Tax Filer (Form 4946) is used for the otherwise associated with a foreign account to the extent that standard taxpayer comparison. The Michigan Schedule of the payment transaction would qualify as an International ACH Corporate Income Tax Liability for a Michigan Business Tax Transaction (IAT) under NACHA Rules. Contact your financial Insurance Filer (Form 4974) is used for the insurance company’s institution for questions about the status of your account. comparison. The Michigan Schedule of Corporate Income Tax Contact Treasury at 517-636-6925 for alternate payment Liability for a Michigan Business Tax Financial Filer (Form methods. 4975) is used for the financial institution’s comparison. The estimated payment made with each quarterly return must Certificated Credits be computed on the actual MBT for the quarter, or 25 percent of the estimated total liability if paying an MBT liability. Certificated credits are those listed at MCL 208.1107. To avoid interest and penalty charges, estimated payments must Nonrefundable Certificated Credits equal at least 85 percent of the total liability for the tax year • Renaissance Zone Credit (Forms 4595 and 4573) and the amount of each estimated payment must reasonably • Historic Preservation Credit (Forms 4573 and 4584) approximate the tax liability for that quarter. If the prior year’s • MEGA Federal Contract Credit (Forms 4584 and 4573) tax under the MBT Act is $20,000 or less, estimated tax may be based on the prior year’s total tax liability paid in four equal • Brownfield Redevelopment Credit (Forms 4584 and 4573) installments. (“Four equal installments” describes the minimum • Film Infrastructure Credit (Form 4573) pace of payments that will satisfy this safe harbor.) If the prior • MEGA Plug-In Traction Battery Manufacturing Credit year’s tax liability was reported for a period less than 12 months, (Form 4573) this amount must be annualized for purposes of both the $20,000 • Anchor Company Payroll Credit (Forms 4584 and 4573) ceiling and calculating the quarterly payments due under this • Anchor Company Taxable Value Credit (Forms 4584 and method. Payments at a more accelerated pace also will qualify. If 4573) the year’s tax liability is $800 or less, estimates are not required. • MEGA Poly-Silicon Energy cost Credit and Miscellaneous NOTE: For those continuing to file MBT, reliance on the MEGA Battery Credits (Forms 4584 and 4573). tax liability of the prior year as a means to avoid interest and penalty charges is only allowed if you had business activity in Certificated Refundable Credits Michigan in that prior year. A return must be filed to establish • MEGA Employment Tax Credit (Form 4574) the tax liability for that prior year, even if gross receipts in the • Hybrid Technology Research and Development Credit prior year were less than $350,000. In addition, if your business (Form 4574) was not in existence in the preceding year, no safe harbor • Farmland Preservation Credit (Forms 4594 and 4574) exists. In such a case, estimates must be based on the MBT • MEGA Federal Contract Credit (Forms 4584 and 4574) liability for the current year. For those filing CIT, there is no safe harbor in this first year of CIT filing. The estimates must • MEGA Photovoltaic Technology Credit (Form 4574) equal at least 85 percent of the total liability as stated above. • Film Production Credit (Form 4574) • Anchor Company Payroll Credit (Forms 4584 and 4574) Amending Estimates • Anchor Company Taxable Value Credit (Forms 4584 and If, after making payments, the estimated tax is substantially 4574) different than originally estimated, recompute the tax and adjust the payment in the next quarter. • MEGA Poly-Silicon Energy cost Credit and Miscellaneous MEGA Battery Credits (Forms 4584 and 4574). Electronic Filing of MBT Returns Filing MBT/CIT Quarterly Tax Estimates for 2022 Michigan has an enforced MBT e-file mandate. Software If estimated liability for the year is reasonably expected to developers producing MBT tax preparation software and exceed $800, a taxpayer must file estimated returns. A taxpayer computer-generated forms must support e-file for all eligible may remit quarterly estimated payments by check with a Michigan forms that are included in their software package. All Corporate Income Tax Quarterly Return (Form 4913) or may eligible MBT returns prepared using tax preparation software remit monthly or quarterly estimated payments electronically or computer-generated forms must be e-filed. by Electronic Funds Transfer (EFT). When payments are made Treasury will be enforcing the MBT e-file mandate. The by EFT, Form 4913 is not required. enforcement includes not processing computer-generated paper Estimated returns and payments for calendar year taxpayers returns that are eligible to be e-filed. A notice will be mailed to are due to Treasury by April 15, July 15, October 15, and the taxpayer, indicating that the taxpayer’s return was not filed January 15 of the following year. Fiscal year taxpayers should in the proper form and content and must be e-filed. Payment make returns and payments by the appropriate due date which received with a paper return will be processed and credited to is fifteen days after the end of each fiscal quarter. The sum of the taxpayer’s account even when the return is not processed. estimated payments for each quarter must always reasonably 3 |
following format: MM-DD-YYYY. Use dashes (-) rather Treasury will continue to accept certain Portable Document than slashes (/). Format (PDF) attachments with MBT e-filed returns. A current list of defined attachments is available in the CIT “Michigan Tax • Enter phone numbers using dashes (e.g., 517-555-5555); do Preparer Handbook for Electronic Filing Programs” at www. not use parentheses. MIfastfile.org. Follow your software instructions for submitting • Stay within the lines when entering information in boxes. attachments with an e-filed return. • Report losses and negative amounts with a negative sign in If the MBT return includes supporting documentation or front of the number (do not use parentheses). For example, a attachments that are not on the predefined list of attachments, the loss in the amount of $22,459 should be reported as -22,459. return can still be e-filed. Follow your software instructions for including additional attachments. The tax preparer or taxpayer • Percentages should be carried out four digits to the should retain file copies of all documentation or attachments. right of the decimal point. Do not round percentages. For example, 24.154266 percent becomes 24.1542 percent. For more information and program updates, including When converting a percentage to a decimal number, carry exclusions from e-file, visit www.MIfastfile.org. numbers out six digits to the right of the decimal point. For example, 24.154266 percent becomes 0.241542. Complete Federal Tax Forms First • Report all amounts in whole dollars. Round down Before preparing MBT returns, complete all federal tax forms. amounts of 49 cents or less. Round up amounts of 50 cents These forms may include: or more. If cents are entered on the form, they will be • Individuals, Partnerships, or Fiduciaries — U.S. Form 1040, treated as whole dollar amounts. 1041, 1065 and related Schedules C, C-EZ, D, E, K, 4797, and 8825. Suggested Order of Analysis and Preparation of an MBT Annual Return • Corporations — U.S. Form 1120, 1120-S, and Schedules D, K, 851, 940, 4562, 4797, and 8825. First, determine whether the taxpayer has a certificated credit. If the taxpayer does not have a certificated credit, it may not • Limited Liability Companies (LLCs) — Federal forms listed file MBT and may be subject to the CIT. Additionally, for all above, depending on how federal returns have been filed. certificated credits other than qualifying historic preservation, Reference these federal forms to complete Form 4567. brownfield redevelopment, or farmland credits, the taxpayer must have made the election for its first tax year ending after Copies of certain pages from these federal forms must also be December 31, 2011, in order to continue under the MBT. attached to the annual return filed. See the instructions for the annual return for further details. If the taxpayer determines it is eligible and wishes to file an MBT return, then standard taxpayers will use Form 4567. It Completing Michigan Forms is available to all standard taxpayers, and allows for the calculation of all credits, including credits that can be claimed Treasury captures the information from paper MBT returns only by using this form. To calculate gross receipts (Part 1 of using an Intelligent Character Recognition process. If the form) and business income (Part 2), use Gross Receipts completing a paper return, avoid unnecessary delays caused Worksheet (Form 4700) and the Business Income Worksheet by manual processing by following the guidelines below so the (Form 4746), based on organization type of the taxpayer. return is processed quickly and accurately. For a taxpayer using Form 4567, first complete lines 1 through • Use black or blue ink. Do not use pencil, red ink, or felt tip 53 to calculate total liability before all credits. At that point, pens. Do not highlight information. if any nonrefundable credits will be claimed, begin the MBT • Print using capital letters (UPPER CASE). Capital letters Nonrefundable Credits Summary (Form 4568), which serves are easier to recognize. several important functions: • Print numbers like this: 0123456789. Do not put a • Acts as a checklist of nonrefundable credits slash through the zero ( ) or seven ( ).7 • Identifies the order in which nonrefundable credits must be • Fill check boxes with an [X]. Do not use a check mark claimed [a]. • Identifies the form on which each nonrefundable credit is • Leave lines/boxes blank if they do not apply or if the calculated amount is zero, unless otherwise instructed. • Tracks tax liability as it is reduced by each credit in proper • Do not enter data in boxes filled with Xs. order • Identifies (where applicable) the point at which tax liability • Do not write extra numbers, symbols, or notes on the reaches zero and no further nonrefundable credits may be return, such as cents, dashes, decimal points (excluding claimed in the current filing period. percentages), or dollar signs, unless otherwise instructed. Enclose any explanations on a separate sheet unless Complete Form 4568 from top to bottom. For each credit the instructed to write explanations on the return. taxpayer qualifies for, calculate the credit on the corresponding • Date format, unless otherwise specified, should be in the form and record the result on the appropriate line on Form 4568. 4 |
After total nonrefundable credits are determined on Form of business income or loss from Form 4577, column N. 4568, line 40, carry the figure to Form 4567, line 54. The lines If either (a) or (b) is greater than $160,000, the Corporation is following are straightforward, but take care to consider any not eligible to use the simplified calculation. available refundable credits on Form 4567, Part 4. Allocated income for an S Corporation is shareholder The MBT Simplified Return (Form 4583) is no longer provided compensation, director fees, and share of business income or as the simplified return to calculate the Small Business loss from Form 4577, column N. Alternative Credit and the Gross Receipts Filing Threshold Credit. Instead, the simplified calculation can be computed Tax Period Less Than 12 Months: If a business operates less using Form 4567. Eligibility requirements to use the simplified than 12 months, annualize gross receipts, business income, calculation on Form 4567 are described below under the and all income of shareholders, officers, and partners to heading “Eligibility for the Simplified Calculation.” determine the eligibility for the Small Business Alternative Credit. Do not use annualized numbers on the return, unless Eligibility for the Simplified Calculation requested; use them only to determine filing requirements and qualifications for credits. The simplified calculation for qualified standard taxpayers can only be calculated on Form 4567. Standard taxpayers are Computing the Simplified Calculation eligible to use the simplified calculation if all of the following on Form 4567 requirements are met: Eligible standard taxpayer may use Form 4567 to compute the • Gross receipts do not exceed $19,000,000. Simplified Calculation by using the following instructions: • Adjusted business income does not exceed $1,440,400. • Adjusted business income does not exceed $160,000 for • Complete lines 1 through 10 of Form 4567, leave line 11 Individuals or Fiduciaries. blank. • Filer is not a UBG or member of a UBG. • Complete only lines 12 and 28, and leave blank lines 13 through 27, and lines 29 through 50 on Form 4567. • Filer does not have to complete the MBT Schedule of • Complete Form 4577 if the taxpayer is either an S Recapture of Certain Business Tax Credits and Deductions Corporation or a C Corporation and complete Form 4578 if (Form 4587), and does not have net investment tax credit the taxpayer is a Partnership. recapture from the MBT Credits for Compensation, Investment, and Research and Development (Form 4570). • Complete lines 2 through 9 on Form 4571. Carry the amount from line 9 to line 14, line 20, and line 21 on Form • Filer is not apportioning business activity. 4571. Leave blank lines 10 through 13 and 15 through 19 on • No partner has distributive income of more than $160,000. Form 4571. Partnership must include the MBT Schedule of Partners • Complete lines 22 through 28 on Form 4571 to calculate the (Form 4578). Gross Receipts Filing Threshold Credit. • No individual, shareholder, or officer has allocated income • Carry the amount on line 28 of Form 4571 to line 9 and line over $160,000. Corporations must include the MBT Schedule 41 of Form 4568. Carry the same amount to line 55 of Form of Shareholders and Officers (Form 4577). (Does not apply 4567. This is the total tax after the Gross Receipts Filing to individuals and fiduciaries filing as individuals.) Threshold Credit based on the Simplified Calculation. • Filer is not a fiscal filer. • Leave line 56 blank, and complete lines 57 through 73 as NOTE: Taxpayers leasing employees from professional applicable on form 4567. employer organizations must include the compensation of officers and shareholders (of the operating company) Further General Guidance who receive compensation from the professional employer For purposes of MBT, person means an individual, firm, bank, organizations in determining the taxpayers’ eligibility for financial institution, insurance company, limited partnership, Small Business Alternative Credit. limited liability partnership, copartnership, partnership, NOTE: A member of a Limited Liability Company (LLC) is joint venture, association, corporation, S Corporation, LLC, characterized for MBT purposes as a partner, shareholder, or receiver, Estate, Trust, or any other group or combination of owner based on the federal tax classification of the LLC. An groups acting as a unit. LLC taxed as a Partnership for federal purposes must file A taxpayer includes a single person or a UBG liable for tax, as a Partnership for MBT. Similarly, an LLC taxed as a C interest, or penalty. A UBG must file a combined MBT return. Corporation or S Corporation for federal purposes must file (For a definition of UBG, and details on filing a combined under that same status for MBT. MBT return, see “UBGs and Combined Filing” in this General Corporations: Allocated income in the case of a C Information.) Corporation is either: Businesses reporting less than 12 months must annualize a) Shareholder or officer compensation and director fees gross receipts to determine which forms to file, and the from Form 4577, column L, or eligibility for a Small Business Alternative Credit. (See “Filing if Tax Year Is Less Than 12 Months” in this “General b) Shareholder or officer compensation, director fees, and share Information” section for more guidance on annualization.) 5 |
Individual. If a person owns more than one business that is is found in the “Supplemental Instructions for Standard registered as Individual (e.g., a convenience store and rental Members in UBGs” section in Form 4600. property), file one MBT return. Determining the Existence and Membership of a UBG A husband and wife who file their U.S. 1040 as “married Unitary Business Group means a group of United States filing jointly” but own separate businesses, maintain separate persons, other than a foreign operating entity, that satisfies the records and file separate federal Schedule C forms, will file control test and relationship test. separate MBT returns if they do not meet the definition of a UBG (as defined in “UBGs and Combined Filing” in this United States person is defined in Internal Revenue Code (IRC) “General Information” section). § 7701(a)(30). A foreign operating entity is defined by statute in Michigan Compiled Laws (MCL) 208.1109(5). Limited Liability Company. An LLC is classified for MBT purposes according to its federal tax classification. The Control Test. The control test is satisfied when one person following terms, whenever used in MBT forms, instructions, owns or controls, directly or indirectly, more than 50 percent and statute, include LLCs as indicated: of the ownership interest with voting or comparable rights of the other person or persons. A person owns or controls more Partnership includes an LLC federally taxed as a Partnership, than 50 percent of the ownership interest with voting rights and a member of this LLC is a partner. or ownership interest that confer comparable rights to voting S Corporation includes an LLC federally taxed as an S rights of another person if that person owns or controls: Corporation, and a member of this LLC is a shareholder. More than 50 percent of the total combined voting power of all C Corporation includes an LLC federally taxed as a C ownership interests with voting (or comparable) rights, or Corporation, and a member of this LLC is a shareholder. A More than 50 percent of the total value of all ownership member or other person performing duties similar to those of interests with voting (or comparable) rights. an officer in an incorporated entity is an “officer” in this LLC. Relationship Tests. The definition of a Unitary Business NOTE: In this booklet, the term “corporation,” used without a Group requires that the group of persons have business C or S, generally refers to both types. activities or operations that either: 1) Result in a flow of value between or among persons in the Disregarded Entity. A person that is a disregarded entity group, or for federal income tax purposes under the internal revenue code must file as a disregarded entity for MBT purposes. 2) Are integrated with, dependent upon, or contribute to This means that a disregarded entity for federal tax purposes, each other. including a single member LLC or Q-Sub, must file as if it A taxpayer need only meet one of the two alternative tests to were a sole proprietorship if owned by an individual, or a satisfy the relationship test. branch or division if owned by another business entity. 1) Flow of value is established when members of the group REMINDER: Partners and S Corporation shareholders demonstrate one or more of functional integration, centralized (including LLC members treated as such) may have to management, and economies of scale. Examples of functional pay tax on their share of income from a Partnership or S integration include common programs or systems and shared Corporation. For a partner or S Corporation shareholder who information or property. Examples of centralized management is an individual, this share of business income is taxed under include common management or directors, shared staff the Michigan Individual Income Tax Act. For a partner or S functions, and business decisions made for the UBG rather Corporation shareholder that is subject to MBT (individual or than separately by each member. Examples of economies entity), this income must be included in the Business Income of scale include centralized business functions and pooled Tax base, but then is subtracted (a loss will be added) on the benefits or insurance. Groups that commonly exhibit a flow of MBT annual return filed for the partner or shareholder to value include vertically or horizontally integrated businesses, the extent that it was included in arriving at the partner’s or conglomerates, parent companies with their wholly owned shareholder’s business income. subsidiaries, and entities in the same general line of business. EXCEPTION: If this partner or shareholder does not have a Flow of value must be more than the mere flow of funds arising certificated credit, the partner or shareholder is not permitted out of passive investment. to file the MBT (unless the partner or shareholder is a member 2) The alternate “contribution/dependency” relationship test of a UBG that has elected to file MBT). However, the partner asks whether business activities are integrated with, dependent or shareholder, if an individual, may be subject to Michigan upon, or contributed to each other. Businesses are integrated Individual Income Tax. with, are dependent upon, or contribute to each other under many of the same circumstances that establish flow of value. UBGs and Combined Filing However, this alternate relationship test is also commonly NOTE: UBGs are addressed here, in general. In the satisfied when one entity finances the operations of another or instructions for each form, “Special Instructions for Unitary when there exist intercompany transactions, including financing. Business Groups” are located directly before “Line-by-Line For more information on the control and relationship tests for Instructions.” The areas in the “Line-by-Line Instructions” that UBGs, see Revenue Administrative Bulletin (RAB) 2010- apply only to UBGs are labeled “UBGs.” Additional direction 1, MBT—Unitary Business Group Control Test, and RAB 6 |
2010-2, MBT—Unitary Business Group Relationship Tests at • the taxpayer has claimed a certificated credit using the www.michigan.gov/treasury/ under “Reports and Legal.” 2014 Request for Accelerated Payment for the Brownfield Redevelopment Credit and the Historic Preservation Credit Exemption Guidelines for MBT (Form 4889). Certain exemptions may exist for those taxpayers electing to If the taxpayer does not satisfy one or both criteria, the remain in the MBT. They may include: taxpayer cannot file the MBT. • Most persons who are exempt from federal income tax Different primary returns and instruction booklets are under the IRC available for insurance companies (Form 4588) and financial • Nonprofit cooperative housing corporations institutions (Form 4590). The tax base for each of these • Foreign persons domiciled in a subnational jurisdiction that special taxpayer categories is fundamentally different than for does not impose an income or other business tax on a similarly standard taxpayers. situated person domiciled in Michigan. For purposes of this provision, foreign person is defined in MCL 208.1207(8). Filing if Tax Year Is Less Than 12 Months • If a taxpayer is exempt under either of the first two bullets In most cases, annual returns must be filed for the same period above, but has unrelated business taxable income as defined as federal income tax returns. If the filing period is less than in the IRC, that business activity is subject to the MBT and 12 months, annualize to determine which forms to file, and a return will be required if the apportioned or allocated the eligibility for a Small Business Alternative Credit. Do not gross receipts are $350,000 or more from the unrelated use annualized numbers on a return unless specified; use them business activity. only to determine filing requirements and qualifications for • Receipts from the production of agricultural goods credits. constitute gross receipts for MBT purposes, including the Tax year means the calendar year, or the fiscal year ending gross receipts filing threshold of $350,000. Farmers whose during the calendar year, upon the basis of which the tax base of primary activity is the production of agricultural goods a taxpayer is computed. If a return is made for a fractional part must combine the apportioned or allocated gross receipts of a year, tax year means the period for which the return is made. from agricultural activity and any other activities other than agricultural production to determine the filing requirement A taxpayer that has a 52- or 53-week tax year beginning not based on the gross receipts threshold. MBT filing is required more than seven days before December 31 of any year is if the total combined allocated or apportioned gross receipts considered to have a tax year beginning after December of that are over $350,000. Total combined gross receipts must be tax year. included in line 12 of Form 4567. A subtraction from gross Example 1: A taxpayer with a federal tax year beginning on receipts for the total gross receipts from the agricultural Monday, December 26, 2022, will be treated as follows: activity of a person whose primary activity (i.e., more than • 2022 tax year end of December 31, 2022. 50 percent of gross receipts) is the production of agricultural goods is allowed in determining modified gross receipts for • Due date of April 30, 2023. the tax base. • 2023 tax year beginning January 1, 2023. Foreign persons that are not exempt from the MBT must Example 2: A taxpayer with a federal tax year ending on calculate business income, gross receipts, the Business Income Friday, January 6, 2023, will be treated as follows: and Modified Gross Receipts Tax bases, and the sales factor • 2022 tax year end of December 31, 2022. differently than domestic taxpayers. Refer to MCL 208.1207(4)- • Due date of April 30, 2023. (8) for details. • 2023 tax year beginning on January 1, 2023. For a complete list of exemptions, consult the MBT Act (PA 36 of 2007, as amended) at www.legislature.mi.gov. If a taxpayer Example 3: A 52- or 53-week year closing near the end of is exempt and has no unrelated business taxable income, January is common in the retail industry. Such a taxpayer will filing an MBT return is not required unless filing to utilize a be treated as follows: certificated credit. • 2022-23 fiscal year end will be January 31, 2023. • Due date will be May 31, 2023. Filing the Correct Form • 2023-24 fiscal year will begin on February 1, 2023. The MBT Simplified Return (Form 4583) is no longer provided for filing the simplified return to calculate the Small Business Annualizing Alternative Credit and the Gross Receipts Filing Threshold Credit. Instead, the simplified calculation can be computed Multiply each amount required, including gross receipts, using Form 4567. Eligibility to use the simplified calculation business income, and prior year’s tax liability, by 12 and divide on Form 4567 are described under the heading “Eligibility for the result by the number of months the business operated. the Simplified Calculation.” Generally, a business is considered in business for one month if the business operated for more than half the days of the month. Only file the MBT using Form 4567 if:: A business whose entire tax year is 15 days or less, however, is • the taxpayer has a qualified certificated credit and elects to considered in business for one month. remain taxed under the MBT; or 7 |
Annualize prior year’s tax liability to determine whether If an MBT extension is filed on time but the total payments estimates may be based on that liability. If the prior year’s received by the original due date are less than 90 percent of the annualized liability is $20,000 or less, estimates may be based tax liability, a 10 percent negligence penalty may apply. on the annualized amount if paid in four equal installments. An extension of time to file will also extend the statute of Example: A fiscal year taxpayer with a tax year ending in limitations. June files a six-month return ending June 2010 reporting a tax liability of $9,000. Estimates for the tax year ending June 2011 Amending a Return may be based on the annualized liability of $18,000. Estimates NOTE: A taxpayer may not amend to revoke the election to must be paid in four equal installments of $4,500. remain taxable under the MBT. Once the taxpayer makes a See appropriate forms (MBT Common Credits for Small valid election to claim a certificated credit, the taxpayer must Business (Form 4571); MBT Schedule of Shareholders and remain in the MBT until the credit and any carryforward of Officers (Form 4577); and MBT Schedule of Partners (Form that credit are exhausted. 4578)) for annualization instructions pertaining to the Small If amending the 2021 tax year, complete MBT Annual Return Business Alternative Credit. (Form 4567) and check the “Amended” box in the upper-right Individuals and Fiduciaries: A business registered as an corner of the return, and attach a separate sheet explaining Individual or Fiduciary that is in business less than 12 months the reason for the changes. Include an amended federal return is not required to annualize. or a signed and dated Internal Revenue Service (IRS) audit document. Include all schedules and forms filed with the original Due Dates of Annual Returns return, even if not amending that schedule or form. Do not include a copy of the original return with your amended return. Annual returns are due on or before the last day of the fourth month after the end of the tax year. For example, a return for To amend a return to claim a refund, file within four years of calendar year 2021 is due April 30, 2022. A return for a fiscal the due date of the original return (including valid extensions). year ending June 30, 2022, is due October 31, 2022. Interest will be paid beginning 45 days after the claim is filed or the due date, whichever is later. Most certificated credits Additional Filing Time must be claimed for the taxpayer’s first tax year ending after December 31, 2011. If additional time is needed to file an annual tax return, request a Michigan extension by filing an Application for Extension of If amending a return to report a deficiency, penalty and interest Time to File Michigan Tax Returns (Form 4). may apply from the due date of the original return. UBG NOTE: Extension requests must be filed under the name If any changes are made to a federal income tax return that and account number of a UBG’s designated member to be a affect an MBT tax base, filing an amended return is required. valid request for extension. To avoid penalty, file the amended return within 120 days after the final determination by the IRS. Filing a federal extension request with the IRS does not automatically grant an MBT extension. The IRS does not notify state governments of extensions. Computing Penalty and Interest Annual and estimated returns filed late or without sufficient Extension applications must be postmarked on or before the payment of the tax due are subject to a penalty of 5 percent of due date of an annual return. the tax due, for the first two months. Penalty increases by an Although Treasury may grant extensions for filing MBT additional 5 percent per month, or fraction thereof, after the returns, it will not extend the time to pay. Extension second month, to a maximum of 25 percent. applications received without proper payment will not be Compute penalty and interest for underpaid estimates using processed. Penalty and interest will accrue on the unpaid tax the MBT Penalty and Interest Computation for Underpaid from the original due date of the return. Estimated Tax (Form 4582). If a taxpayer prefers not to file this Properly filed and paid estimates along with the amount included form, Treasury will compute the penalty and interest and send on the extension application will be accepted as payment on a a bill. tentative return, and an extension may be granted. It is important The following chart shows the interest rate that applies to each that the application is completed correctly. filing period. A new interest rate is set at 1 percent above the Once a properly prepared and timely filed application along adjusted prime rate for each six-month period. with appropriate estimated tax payments is received, Treasury will grant an extension of eight months to file the tax return. Beginning Date Rate Daily Rate Any estimated tax that may be due with the request should January 1, 2022 4.25% 0.0001164 be paid in the same manner as estimated payments were paid July 1, 2022 4.27% 0.0001170 during the year. January 1, 2023 5.65% 0.0001548 A written response will be sent to the legal address on file when a valid extension application is received. For a complete list of interest rates, see the Revenue Administrative Bulletins on Treasury’s Web site at 8 |
www.michigan.gov/treasury/ under “Reports and Legal Mailing Addresses Resources.” Mail the annual return and all necessary schedules to: Signing the Return With payment: Michigan Department of Treasury All returns must be signed and dated by the taxpayer or the PO Box 30113 taxpayer’s authorized agent. This may be the owner, partner, corporate officer, or association member. The corporate officer Lansing MI 48909 may be the president, vice president, treasurer, assistant treasurer, Without payment: chief accounting officer, or other corporate officer (such as tax Michigan Department of Treasury officer) authorized to sign the corporation’s tax return. PO Box 30783 If someone other than the above prepared the return, the Lansing MI 48909 preparer must give his or her business address and telephone Mail an extension application (Form 4) to: number. Michigan Department of Treasury Print the name of the authorized signer and preparer in the PO Box 30774 appropriate area on the return. Lansing MI 48909-8274 Assemble the returns and attachments (in sequence order) Mail MBT quarterly estimate payments (Form 4913) to: and staple in the upper-left corner. (Do not staple a check to Michigan Department of Treasury the return.) In an e-filed return the preparation software will PO Box 30774 assemble the forms and PDF attachments in the proper order Lansing MI 48909-8274 automatically. Courier delivery service mail should be sent to: IMPORTANT REMINDER: Failure to include all the Michigan Department of Treasury required forms and attachments will delay processing and may 7285 Parsons Dr. result in reduced or denied refund or credit forward or a bill for tax due. Dimondale MI 48821 SIGNING AN E-FILED RETURN: As with any tax return Make all checks payable to “State of Michigan.” Print submitted to Treasury on paper, an electronic tax return must taxpayer’s Federal Employer Identification Number (FEIN) or be signed by an authorized tax return signer, the Electronic Michigan Treasury (TR) assigned number, the tax year, and Return Originator (ERO), if applicable, and the paid tax “MBT” on the front of the check. Do not staple the check to the preparer, if applicable. NOTE: If the return meets one of the return. exceptions to the e-file mandate and is being filed on paper, Correspondence it must be manually signed and dated by the taxpayer or the taxpayer’s authorized agent. An address change or business discontinuance can be reported online by using Michigan Treasury Online (MTO), Business Tax Services. The MBT Fed/State e-file signature process is as follows: See www.michigan.gov/mtobusiness for information. In the alternative, Notice of Change or Discontinuance (Form 163), can be Fed/State Returns: Michigan will accept the federal signature found online at www.michigan.gov/treasuryforms. method. Michigan does not require any additional signature documentation. Mail correspondence to: Business Tax Division, MBT Unit State Stand Alone Returns: State Stand Alone returns must be signed using Form MI-8879 (also called the Michigan Michigan Department of Treasury e-file Authorization for Business Taxes MI-8879, Form PO Box 30059 4763). Returns are signed by entering the taxpayer PIN in the Lansing MI 48909 software after reading the perjury statement displayed in the software. The taxpayer PIN will be selected by the taxpayer, or To Request Forms the taxpayer may authorize his or her tax preparer to select the Internet taxpayer PIN. Current and past year forms are available at www.michigan. Form MI-8879 will be printed and contain the taxpayer PIN. gov/treasuryforms. The tax preparer will retain Form MI-8879 in his or her records Alternate Format as part of the taxpayer’s printed return. MBT State Stand Alone e-filings submitted without a taxpayer PIN will be rejected by Printed material in an alternate format may be obtained by Treasury. Do not mail Form MI-8879 to Treasury and do not calling (517) 636-6925. include Form MI-8879 as an attachment with the e-file return. TTY Assistance is available using TTY through the Michigan Relay Service by calling 711. 9 |
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Michigan Department of Treasury 4567 (Rev. 04-22), Page 1 of 3 Check if this is an amended return. See instructions. 2022 MICHIGAN Business Tax Annual Return Issued under authority of Public Act 36 of 2007. MM-DD-YYYY MM-DD-YYYY 1. Return is for calendar year 2022 or for tax year beginning: and ending: 2. Taxpayer Name (print or type) 7. Federal Employer Identification Number (FEIN) or TR Number Doing Business As (DBA) 8. Organization Type (LLC or Trust, see instructions) Street Address Check if Individual C Corporation / LLC C Corporation new address. (See instructions) City State ZIP/Postal Code Country Code Fiduciary S Corporation / LLC S Corporation 3. Principal Business Activity 4. Business Start Date in Michigan Partnership / LLC Partnership 5. NAICS (North American Industry Classification System) Code 6. If Discontinued, Effective Date 9. Check if Filing Michigan Unitary Business Group Return. (Include Form 4580.) 10. Check if line 11 includes sales of transportation services. 11. Apportionment Calculation a. Michigan Sales (if no Michigan sales, enter zero) ................................................................. 11a. 00 b. Total Sales ............................................................................................................................. 11b. 00 c. Apportionment Percentage. Divide line 11a by line 11b ........................................................ 11c. % PART 1: MODIFIED GROSS RECEIPTS TAX 12. Gross Receipts (see instructions)...................................................................................................................... 12. 00 Subtractions from Gross Receipts 13. Inventory acquired during the tax year .............................................................................................................. 13. 00 14. Depreciable assets acquired during the tax year .............................................................................................. 14. 00 15. Materials and supplies not included in inventory or depreciable property ......................................................... 15. 00 16. Staffing Company: Compensation of personnel supplied to customers ............................................................ 16. 00 If claiming the Small Business Alternative Credit, skip to line 18. 17. Deduction for contractors in SIC Codes 15, 16 and 17 ..................................................................................... 17. 00 SIC Code: 18. Film rental or royalty payments paid by a theater owner to a film distributor and/or film producer ................... 18. 00 19. Qualified Affordable Housing Project (QAHP) Deduction a. Gross receipts attributable to residential rentals in Michigan ........... 19a. 00 b. Number of residential rent restricted units in Michigan owned by the QAHP ..................................................................................... 19b. c. Total number of residential rental units in MI owned by the QAHP .. 19c. d. Divide line 19b by line 19c and enter as a percentage .................... 19d. % e. Multiply line 19a by line 19d ............................................................. 19e. 00 f. Limited dividends or other distributions made to owners of the QAHP 19f. 00 g. QAHP Deduction. Subtract line 19f from line 19e ....................................................................................... 19g. 00 20. Payments made by taxpayers licensed under Article 25 or Article 26 of the Occupational Code to independent contractors licensed under Article 25 or Article 26 .................................................................... 20. 00 21. Miscellaneous (see instructions) ....................................................................................................................... 21. 00 22. Total Subtractions from Gross Receipts. Add lines 13 through 18 and 19g through 21 .................................... 22. 00 23. Modified Gross Receipts. Subtract line 22 from line 12. If less than zero, enter zero ....................................... 23. 00 24. Apportioned Modified Gross Receipts Tax Base. Multiply line 23 by percentage on line 11c ........................... 24. 00 25. Multiply line 24 by 0.8% (0.008) ....................................................................................................................... 25. 00 26. Enrichment Prohibition for dealers of personal watercraft or new motor vehicles. Enter amount collected during tax year ................................................................................................................................................... 26. 00 27. Modified Gross Receipts Tax Before All Credits. Enter the greater of line 25 or line 26 ............................. 27. 00 + 0000 2022 11 01 27 1 Continue on Page 2 |
2022 Form 4567, Page 2 of 3 FEIN or TR Number PART 2: BUSINESS INCOME TAX 28. Business Income. If negative, enter as negative. (If business activity protected under PL 86-272, complete and attach Form 4586 and/or 4581, as applicable; see instructions) ................................................................ 28. 00 Additions to Income 29. Interest income and dividends derived from obligations or securities of states other than Michigan ................. 29. 00 30. Taxes on or measured by net income ................................................................................................................ 30. 00 31. Tax imposed under MBT .................................................................................................................................... 31. 00 32. Any carryback or carryover of a federal net operating loss ................................................................................ 32. 00 33. Losses attributable to other flow-through entities that are taxed under the MBT ............................................... 33. 00 Account No. 34. Royalty, interest, and other expenses paid to a related person .......................................................................... 34. 00 35. Miscellaneous (see instructions) ....................................................................................................................... 35. 00 36. Total Additions to Income. Add lines 29 through 35........................................................................................... 36. 00 37. Business Income Tax Base After Additions. Add lines 28 and 36. If negative, enter as negative .............. 37. 00 Subtractions from Income 38. Dividends and royalties received from persons other than U.S. persons and foreign operating entities .......... 38. 00 39. Income attributable to other flow-through entities that are taxed under the MBT .............................................. 39. 00 Account No. 40. Interest income derived from United States obligations .................................................................................... 40. 00 41. Net earnings from self-employment. If less than zero, enter zero .................................................................... 41. 00 42. Miscellaneous (see instructions) ....................................................................................................................... 42. 00 43. Total Subtractions from Income. Add lines 38 through 42 ................................................................................ 43. 00 44. Business Income Tax Base. Subtract line 43 from line 37. If negative, enter as negative ..................................... 44. 00 45. Apportioned Business Income Tax Base. Multiply line 44 by percentage on line 11c ....................................... 45. 00 46. Available MBT business loss carryforward from previous MBT return. Enter as a positive number.................. 46. 00 47. Subtract line 46 from line 45. If negative, enter here as negative, skip line 48, and enter zero on line 49. A negative number here is the available business loss carryforward to the next MBT filing period (see instr.) ..... 47. 00 48. Qualified Affordable Housing Deduction. If line 47 is positive, complete lines 48a through 48i as follows: (1) If taking the QAHP deduction only, complete lines 48a through 48i. (UBGs, see instructions.) (2) If taking the seller’s deduction only, skip lines 48a through 48h and carry the amount from Form 4579, line 5, to line 48i. (3) If taking both deductions, complete the QAHP deduction calculation on lines 48a through 48h, and add to the total at line 48i the amount from Form 4579, line 5. a. Gross rental receipts attributable to residential units in Michigan ........................................................................................... 48a. 00 b. Rental expenses attributable to residential rental units in Michigan ... 48b. 00 c. Taxable income attributable to residential rental units. Subtract line 48b from line 48a .............................................................................. 48c. 00 d. Number of residential rent restricted units in Michigan owned by the Qualified Affordable Housing Project .......................................... 48d. e. Total number of residential rental units in Michigan owned by the Qualified Affordable Housing Project ................................................ 48e. f. Divide line 48d by line 48e and enter as a percentage..................... 48f. % g. Multiply line 48c by line 48f............................................................... 48g. 00 h. Limited dividends or other distributions made to the owners of the QAHP ......................................................................................... 48h. 00 i. Qualified Affordable Housing Deduction. Subtract line 48h from line 48g. (See instructions.) .................... 48i. 00 49. Subtract line 48i from line 47. If less than zero, enter zero ............................................................................... 49. 00 50. Business Income Tax Before All Credits. Multiply line 49 by 4.95% (0.0495)....................................................... 50. 00 + 0000 2022 11 02 27 9 Continue and sign on Page 3 |
2022 Form 4567, Page 3 of 3 FEIN or TR Number PART 3: TOTAL MICHIGAN BUSINESS TAX 51. Total Michigan Business Tax Before Credits. Add lines 27 and 50 ............................................................. 51. 00 52. The annual surcharge is no longer applicable. There is no amount to be entered on this line ......................... 52. X X X X X X X X X 00 53. Enter amount from line 51. If apportioned or allocated gross receipts are less than $350,000, enter zero ...... 53. 00 54. Nonrefundable credits from Form 4568, line 40 ................................................................................................ 54. 00 55. Total Tax After Nonrefundable Credits. Subtract line 54 from line 53. If less than zero, enter zero ............. 55. 00 56. Recapture of Certain Business Tax Credits and Deductions from Form 4587, line 13 ...................................... 56. 00 57. Total MBT Tax Liability. Add lines 55 and 56................................................................................................... 57. 00 58. Corporate Income Tax adjustment from Form 4946, line 39 ............................................................................. 58. 00 59. Total Tax Liability. Add lines 57 and 58 ........................................................................................................... 59. 00 PART 4: PAYMENTS, REFUNDABLE CREDITS AND TAX DUE 60. Overpayment credited from prior MBT return .................................................................................................... 60. 00 61. Estimated tax payments .................................................................................................................................... 61. 00 62. There is no amount to be entered on this line. Skip to line 63........................................................................... 62. X X X X X X X X X 00 63. Tax paid with request for extension ................................................................................................................... 63. 00 64. Refundable credits from Form 4574, line 23 ..................................................................................................... 64. 00 65. Payment and credit total. Add lines 60 through 64. (If not amending, then skip to line 67.) ............................. 65. 00 a. Payments made with original and/or amended returns 66a. 00 AMENDED 66. RETURN b. Overpayment from original and/or amended returns . 66b. 00 ONLY c. Add lines 65 and 66a and subtract line 66b from the sum.............................................................. ........................................................ 66c. 00 67. TAX DUE. Subtract line 65 (or line 66c, if amending) from line 59. If less than zero, leave blank .................... 67. 00 68. Underpaid estimate penalty and interest from Form 4582, line 38 .................................................................... 68. 00 69. Annual return penalty (a) % = (b) 00 plus interest (c) 00 . Total ...... 69d. 00 70. PAYMENT DUE. If line 67 is blank, go to line 71. Otherwise, add lines 67, 68 and 69d .................................. 70. 00 PART 5: REFUND OR CREDIT FORWARD 71. Overpayment. Subtract lines 59, 68 and 69d from line 65 (or line 66c, if amending). If less than zero, leave blank (see instructions) ................................................................................................. 71. 00 72. CREDIT FORWARD. Amount on line 71 to be credited forward and used as an estimate for next tax year .... 72. 00 73. REFUND. Amount on line 71 to be refunded..................................................................................................... 73. 00 Taxpayer Certification. I declare under penalty of perjury that the information in this Preparer Certification. I declare under penalty of perjury that this return and attachments is true and complete to the best of my knowledge. return is based on all information of which I have any knowledge. Preparer’s PTIN, FEIN or SSN By checking this box, I authorize Treasury to discuss my return with my preparer. Authorized Signature for Tax Matters Preparer’s Business Name (print or type) Authorized Signer’s Name (print or type) Date Preparer’s Business Address and Telephone Number (print or type) Title Telephone Number Return is due April 30 or on or before the last day of the 4th month after the close of the tax year. WITHOUT PAYMENT. Mail return to: WITH PAYMENT. Pay amount on line 70. Mail check and return to: Michigan Department of Treasury, PO Box 30783, Lansing MI 48909 Michigan Department of Treasury, PO Box 30113, Lansing MI 48909 Make check payable to “State of Michigan.” Print taxpayer’s FEIN or TR Number, the tax year, and “MBT” on the front of the check. Do not staple the check to the return. + 0000 2022 11 03 27 7 |
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Instructions for Form 4567 Michigan Business Tax (MBT) Annual Return of the DM. Purpose To calculate the Modified Gross Receipts Tax and Business NOTE on Designated Members: If the UBG filed MBT in Income Tax for standard taxpayers. Insurance companies 2011 and elected to file MBT in 2012, then the UBG must use should file the MBT Insurance Company Annual Return for the same DM if the DM still has nexus and is still a member of Michigan Business and Retaliatory Taxes (Form 4588) and the UBG in 2012. If the DM no longer has nexus or is no longer Financial Institutions should file the MBT Annual Return for a member of the UBG, then the UBG must select a new DM. Financial Institutions (Form 4590). See the “Supplemental Instructions for Standard Members in UBGs” in Form 4600 for the rules on selecting a new DM. NOTE: Beginning January 1, 2012, only those taxpayers with a certificated credit, which is awarded but not yet fully claimed NOTE on Certificated Credits and the UBG: If a member or utilized, may elect to be MBT taxpayers. If a taxpayer files of a UBG holds a certificated credit and wishes to claim that an MBT return and claims a certificated credit, the taxpayer credit then the entire UBG, and not only the member, must makes the election to continue to file and pay under the MBT make the election to remain taxable under the MBT. The UBG until the certificated credit and any carryforward of that credit must file and pay under the MBT until the certificated credit are exhausted. and any carryforward of that credit are extinguished. For MBT, taxpayer means a person or a UBG liable for tax, Special Instructions for Unitary Business Groups interest, or penalty. Beginning January 1, 2012, only those A Unitary Business Group (UBG) is a group of United States taxpayers with a certificated credit, which is awarded but not persons, other than a foreign operating entity, that satisfies the yet fully claimed or utilized, may elect to be MBT taxpayers. following criteria: If a taxpayer files an MBT return and claims a certificated credit, the taxpayer makes the election to file and pay under the • One of the persons owns or controls, directly or indirectly, MBT until the certificated credit and any carryforward of that more than 50 percent of the ownership interest with voting credit are exhausted. rights (or rights comparable to voting rights) of the other United States persons; AND For more information on UBGs, see the instructions for the • The UBG has operations which result in a flow of value MBT Unitary Business Group Combined Filing Schedule between persons in the UBG or has operations that are (Form 4580), and the “Supplemental Instructions for Standard integrated with, are dependent upon, or contribute to each Members in UBGs” in the MBT Forms and Instructions for other. Flow of value is determined by reviewing the totality Standard Taxpayers (Form 4600). of facts and circumstances of business activities and The gross receipts of a UBG is the sum of the gross receipts operations. of each person included in the UBG, other than a foreign For more information on the control and relationship tests for operating entity or a person subject to the tax as an insurance UBGs, see Revenue Administrative Bulletin (RAB) 2010-1 company or financial institution, less any gross receipts arising Michigan Business Tax-Unitary Business Group Control Test from transactions between persons included in the UBG. Gross and RAB 2010-2 Michigan Business Tax-Unitary Business receipts of each member should reflect the accounting method Group Relationship Tests on the Department of Treasury Web that member used to compute its federal taxable income. site at www.michigan.gov/taxes. (Click on the “Reference The business income of a UBG is the sum of the business Library” link on the left side of the page.) income of each person included in the UBG, other than a A foreign operating entity means a United States person foreign operating entity or a person subject to the tax as an that would otherwise be a part of a UBG that is taxable in insurance company or financial institution, less any items Michigan; has substantial operations outside the United States, of income and related deductions arising from transactions, the District of Columbia, any territory or possession of the including dividends, between persons included in the UBG. United States except for the commonwealth of Puerto Rico, or Business income of each member should reflect the accounting a political subdivision of the foregoing; and at least 80 percent method that member used to compute its federal taxable of its income is active foreign business income as defined in income. Internal Revenue Code (IRC) § 871(l)(1)(B)(ii). In general, phase-ins, thresholds, credit limits, and other In Michigan, a UBG with standard members must file Form components used to determine tax liability relate to the group 4567. A Designated Member (DM) must file the return on as a single taxpayer, not to individual persons that comprise the behalf of the standard members of the group. In a parent- group. Exceptions to this general rule are noted in instructions subsidiary controlled group, the controlling member must serve to the applicable forms. The group of persons on the combined as DM if it has nexus with Michigan. If it does not have nexus, return is treated as the taxpayer (a distinct entity) for purposes the controlling member may appoint any member with nexus of the MBT Act. to serve as DM. The tax year of the DM determines the filing period for the UBG. The combined return must include each Taxpayer Certification tax year of each member that ends with or within the tax year A return filed by a UBG must be signed by an individual 15 |
authorized to sign on behalf of the DM. Provide a telephone Revenue Service (IRS) audit document, if applicable. Include number for that individual at the DM’s office. all forms filed with the original return, even if not amending each form. Enter the figures on the amended return as they General Instructions should be. Dates must be entered in MM-DD-YYYY format. Do not include a copy of the original return with the For periods less than 12 months, see the “General Information amended return. for Standard Taxpayers” section in Form 4600. NOTE: A taxpayer may not amend a return to revoke the election to remain taxable under the MBT. Once the taxpayer A person that is a disregarded entity for federal income tax makes a valid election to claim a certificated credit, the purposes under the internal revenue code shall be classified as taxpayer must remain in the MBT until the credit and any a disregarded entity for the purposes of filing the MBT annual carryforward of that credit are exhausted. return. Refund Only: If apportioned or allocated gross receipts are A taxpayer, other than a UBG, that does not file a separate less than $350,000 and there is no recapture, and the taxpayer federal return must prepare a pro forma federal return or is filing Form 4567 to claim a refund of estimates paid, skip equivalent schedule and use it as the basis for preparing its lines 13 through 57 and lines 64 through 67. MBT return. For standard members of a UBG, this pro forma requirement is addressed in Form 4580, Part 2A, and its UBGs: If combined apportioned or allocated gross receipts of instructions. all members (before eliminations) are less than $350,000 and there is no recapture, and the taxpayer is filing Form 4567 UBGs: Complete Form 4580 before beginning Form 4567. solely to claim a refund of estimates paid, Form 4580 must also Answer lines 1 through 8 of Form 4567 as they apply to the be included. The designated member must complete Part 1A, DM. Part 2B (skip lines 18 through 65), Part 3, and Part 4 of Form MBT Liability: Beginning January 1, 2012, a taxpayer 4580. For each member listed in Part 1A, complete Part 1B and calculates MBT liability as the greater of MBT liability after 2A (skip lines 18 through 65). See Form 4567 for instructions all credits, deductions, and exemptions or hypothetical CIT on completing that form. liability minus deductions and credits available under that act and minus certificated credits allowed under the MBT. Simplified Calculation This calculation of liability requires a taxpayer to calculate See the “2015 General Information for Standard Taxpayers” the business income and modified gross receipts tax bases in the Michigan Business Tax for Standard Taxpayers and available MBT credits, including certificated credits, (Form 4600) for instructions on “Computing the Simplified deductions, and exemptions available under the MBT. Then, Calculation” for eligible taxpayers. the taxpayer will calculate the CIT comparison on the Schedule of Corporate Income Tax Liability (Form 4946). A taxpayer is Line-by-Line Instructions permitted to reduce hypothetical CIT liability by all deductions and credits which would be allowed under that tax as well as Lines not listed are explained on the form. the amount of certificated credit allowed under the MBT. The Line 1: If not a calendar-year taxpayer, enter the beginning amount of certificated credit allowed under the MBT is the and ending dates (MM-DD-YYYY) that correspond to the amount of nonrefundable credit needed to offset MBT liability taxable period as reported to the IRS. or the entire amount of a refundable credit. Tax year means the calendar year, or the fiscal year ending If the taxpayer’s hypothetical CIT liability would be higher during the calendar year, upon the basis of which the tax base than its MBT liability, the taxpayer will add the difference of a taxpayer is computed. If a return is made for a part of a to MBT liability on line 58 of Form 4567. This is the CIT year, tax year means the period for which the return is made. adjustment. If the result of both steps of the calculation is a Generally, a taxpayer’s tax year is for the same period as is negative number, the taxpayer will receive a refund of the covered by its federal income tax return. lower negative; but a nonrefundable credit cannot be used to reduce liability below zero. Remaining nonrefundable Line 2: Enter the complete address and, if other than the certificated credit may be carried forward to succeeding tax United States, enter the two-digit abbreviation for the country years. code. See the list of country codes in MBT Forms and Instructions for Standard Taxpayers (Form 4600). For purposes of this calculation: For a Partnership or S Corporation, business income includes payments and items Any correspondence regarding the return filed and/or refund of income and expense attributable to the business activity of will be sent to the address used here. Check the new address the partnership or S corporation and separately reported to the box if the address used on this line has changed from the last members. filing. The taxpayer’s primary address in the Department of Treasury (Treasury) files, identified as the legal address and Amended Returns: To amend a current or prior year annual used for all purposes other than refund and correspondence return, complete the Form 4567 that is applicable for that year, on a specific MBT return, will not change until the customer check the box in the upper-right corner of the return, and attach specifically makes the change on their Michigan Treasury a separate sheet explaining the reason for the changes. Include Online (MTO) account. Visit michigan.gov/mtobusiness for an amended federal return or a signed and dated Internal 16 |
more information. tax purposes, including a single member LLC or Q-Sub, must file as if it were a sole proprietorship if owned by an individual, UBGs: In the Name field, enter the name of the DM for the or a branch or division if owned by another business entity. standard members of this UBG. Line 9: Check this box if filing a Michigan UBG return and Line 3: Enter a brief description of business activity (e.g., include a Form 4580 for each member of the UBG included in forestry, fisheries, mining, construction, manufacturing, this filing. transportation, communication, electric, gas, sanitary services, wholesale trade, retail trade, finance, or services, etc.). Line 10: Check this box if the taxpayer has sales that are receipts from transportation services. Taxpayers that check Line 4: Enter the start date of first business activity in Michigan. this box also must complete lines 11a, 11b, and 11c. To Line 5: Enter the entity’s six-digit North American Industry calculate Michigan Sales from Transportation Services, see the Classification System (NAICS) code. For a complete list of instructions for line 11 and the table in the “Sourcing of Sales six-digit NAICS codes, see the U.S. Census Bureau Web site to Michigan” section of these instructions. at www.census.gov/eos/www/naics/, or enter the same NAICS Line 11: For a Michigan-based taxpayer, all sales are code used when filing the entity’s U.S. Form 1120, Schedule K; Michigan sales unless the taxpayer is subject to tax in U.S. Form 1120S; U.S. Form 1065; or U.S. Form 1040, another state. A taxpayer will be deemed subject to a tax in Schedule C. another state if the taxpayer has due process and commerce Line 6: Enter the date, if applicable, on which the taxpayer clause nexus with that state. In that state, the taxpayer must went out of existence. If the taxpayer is still subject to another be subject to a business privilege tax, a net income tax, a tax administered by Treasury, or continues to exist but has franchise tax measured by net income, a franchise tax for stopped doing business in Michigan, do not use this line. Also, the privilege of doing business, a Corporation stock tax, or do not use this line if the taxpayer is a UBG and one member a tax of the type imposed under the MBT Act, or that state has stopped doing business. has jurisdiction to subject the taxpayer to one or more of such taxes regardless of whether or not the tax is imposed. A discontinuance may be processed by updating the account by using the Michigan Treasury Online (MTO) website. Visit If no Michigan sales, enter zero. michigan.gov/mtobusiness for more information. MBT is based only on business activity apportioned to Line 7: Use the taxpayer’s Federal Employer Identification Michigan. A taxpayer that has not established nexus with one Number (FEIN) or the Michigan Treasury (TR) assigned other state or a foreign country is subject to MBT on their number. Be sure to use the same account number on all forms. entire business activity. Business activity is apportioned to Michigan based on sales. If the taxpayer does not have an FEIN or TR number, the taxpayer must register before filing this form. Sale or Sales means the amounts received by the taxpayer as Taxpayers are encouraged to register online at consideration from the following: www.michigan.gov/mtobusiness. Click on the quick link “New • The transfer of title to, or possession of, property that is Business” for information on how to obtain a FEIN, which is stock in trade or other property of a kind which would required to submit a return through e-file. Taxpayers usually properly be included in the inventory of the taxpayer if on can obtain an FEIN from the IRS within 48 hours. Taxpayers hand at the close of the tax period, or property held by the registering with the State online usually receive an account taxpayer primarily for sale to customers in the ordinary number within seven days. course of its trade or business. For intangible property, the Returns received without a registered account number will not amounts received will be limited to any gain received from be processed until such time as a number is provided. the disposition of that property. NOTE: TR numbers are generally assigned to accounts that • Performance of services which constitute business activities. have not acquired an FEIN. Once an FEIN is received, Treasury • The rental, leasing, licensing, or use of tangible or will use the FEIN as the account number, if provided. To intangible property, including interest, that constitutes change account numbers, a taxpayer should submit Form 163 business activity. so Treasury can update the records and make sure the account • Any combination of business activities described above. numbers are linked. • For taxpayers not engaged in any other business activities, sales UBGs: Enter the FEIN or TR Number of the DM for the include interest, dividends, and other income from investment standard members of this UBG. assets and activities and from trading assets and activities. Line 8: Check the box that describes the DM’s organization Complete the Apportionment Calculation using amounts for type. A Trust or a Limited Liability Company (LLC) should the taxpayer’s business activity only. Do not include amounts check the appropriate box based on its federal return. from an interest in a Partnership, S Corporation, or LLC. NOTE: A person that is a disregarded entity for federal income Use the information in the “Sourcing of Sales to Michigan” tax purposes under the internal revenue code shall be classified section of these instructions to determine Michigan sales. If as a disregarded entity for the purposes of filing the MBT sales reported are adjusted by a deduction for qualified sales to annual return. This means that a disregarded entity for federal a qualified customer, as determined by the Michigan Economic 17 |
Growth Authority (MEGA), attach the Anchor District Tax most instances. Taxpayers and tax professionals are expected to Credit Certificate or Anchor Jobs Tax Credit Certificate from be familiar with uncommon situations within their experience, the Michigan Economic Development Corporation (MEDC) as which produce gross receipts not identified by specific lines support. on Worksheet 4700, and report that amount on the most appropriate line. Treasury may adjust the figure resulting For sales from the performance of services, see RAB 2010-5, from the worksheet to account properly for such uncommon “Michigan Business Tax Where Benefit of Services is Received,” situations. on the Treasury Web site at www.michigan.gov/treasury/, under “Reports and Legal Resources.” A taxpayer should compute its gross receipts using the same For transportation services that source sales based on revenue accounting method used in the computation of its net income miles, enter a sales amount on Line 11a by multiplying total for federal income tax purposes. sales of the transportation service by the ratio of Michigan Producers of Agricultural Goods: The total gross receipts revenue miles over revenue miles everywhere as provided from all business activity must be reported on line 12, in the “Sourcing of Sales to Michigan” chart for that type of including the gross receipts from agricultural activity of a transportation service. Revenue mile means the transportation person whose primary activity is the production of agricultural for a consideration of one net ton in weight or one passenger goods. A subtraction is allowed on line 21 for the gross the distance of one mile. receipts that have been included on this line that are from the NOTE: Only transportation services are sourced using revenue agricultural activity of a person whose primary activity is the miles. To the extent the taxpayer has business activities or production of agricultural goods. revenue streams not from transportation services, those The total gross Producers of Oil or Gas, and Minerals: receipts should be sourced accordingly. receipts from all business activity must be reported on line 12, PART 1: MODIFIED GROSS RECEIPTS TAX including the gross receipts from the production of oil and gas Line 12: Gross receipts means the entire amount received by even if this activity is subject to the Severance Tax on Oil or the taxpayer, as determined by using the taxpayer’s method of Gas, and Minerals, 1929 PA 48. A subtraction is allowed on accounting for federal income tax purposes, from any activity, line 21 for the gross receipts that have been included on this whether in intrastate, interstate, or foreign commerce, carried out line that are from the production of oil and gas that are subject for direct or indirect gain, benefit or advantage to the taxpayer or to the Severance Tax on Oil or Gas, and Minerals. to others, with certain exceptions. Line 13: Enter inventory acquired during the tax year, Calculation of gross receipts also involves a deduction of any including freight, shipping, delivery, or engineering charges amount deducted as bad debt for federal income tax purposes included in the original contract price for that inventory, and that corresponds to items of gross receipts included in the any pre-paid sales tax required to be paid on the inventory at the modified gross receipts tax base for the current tax year or time of purchase. Neither pre-paid sales tax, nor the sales tax past tax years. This reduction is reflected in the Gross Receipts collected upon resale of that inventory is excluded from gross Worksheet (Worksheet 4700) discussed below. Receipts include, receipts calculated on Worksheet 4700. This must be reported but are not limited to: on line 12 of Form 4567. • Some or all receipts (sales proceeds) from the sale of assets Inventory means the stock of goods, including electricity and used in a business activity. natural gas, held for resale in the ordinary course of a retail • Sale of products. or wholesale business, and finished goods, goods in process • Services performed. of a manufacturer, and raw materials purchased from another person. Inventory also includes shipping and engineering • Gratuities stipulated on a bill. charges so long as such charges are included in the original • Sales tax collected on the sale of tangible personal property, contract price for the associated inventory and floor plan subject to a phase-out schedule. interest for licensed new car dealers. • Dividend and interest income. For purposes of this deduction, floor plan interest means • Gross commissions earned. interest paid that finances any part of the person’s purchase of • Rents. new motor vehicle inventory from a manufacturer, distributor, • Royalties. or supplier. However, amounts attributable to any invoiced items used to provide more favorable floor plan assistance to • Sales of scrap and other similar items. a person subject to the tax imposed under this act than to a • Client reimbursed expenses not obtained in an agency capacity. person not subject to this tax are considered interest paid by a • Gross proceeds from sales between affiliated companies, manufacturer, distributor, or supplier. including members of a UBG. For a person that is a securities trader, broker, or dealer or a Use Worksheet 4700, in Form 4600, to calculate gross receipts. person included in the UBG of that securities trader, broker, or dealer that buys and sells for its own account, inventory Attach the worksheet to the return. Gross receipts are not includes contracts that are subject to the Commodity necessarily derived from the federal return, however, the Exchange Act, 7 USC 1 to 27f; the cost of securities as worksheet will calculate gross receipts as defined by law in defined under IRC § 475(c)(2); and for a securities trader, the 18 |
cost of commodities as defined under IRC § 475(e)(2); and for calculating total income on the taxpayer’s federal income tax a broker or dealer, the cost of commodities as defined under return. IRC § 475(e)(2)(b), (c), and (d), excluding interest expense UBGs: This subtraction is only available to a member of the other than interest expense related to repurchase agreements. UBG if the group does not claim the SBAC for the tax year. As used in this provision: However, for purposes of the SIC code requirement, it is • Broker and dealer mean those terms as defined under sufficient that the UBG member that made the payments listed section 78c(a)(4) and (a)(5) of the Securities Exchange Act of above be included in SIC codes 15, 16, or 17. Therefore, the 1934, 15 USC 78c. relevant SIC code is entered in the member’s page of Form • Securities trader means a person that engages in the trade or 4580 (Part 2A, Line 22), and the SIC code field on Form 4567 business of purchasing and selling investments and trading should be left blank by a UBG. assets. Persons included in SIC codes 15, 16, and 17 include general contractors (of residential buildings including Inventory does not include any of the following: single-family homes; industrial, commercial, and • Personal property under lease or principally intended for institutional buildings; bridges, roads, and infrastructure, lease rather than sale. etc.); operative builders; and trade contractors (such • Property allowed a deduction or allowance for depreciation as electricians, plumbers, painters, masons, etc.). See or depletion under the IRC. http://www.osha.gov/pls/imis/sic_manual.html for a more complete list. • Labor costs. A subcontractor is an Individual or entity that enters into a Line 14: Enter assets purchased from other firms, including contract and assumes some or all of the obligations of a person the costs of fabrication and installation, acquired during the tax included in SIC codes 15, 16, and 17 as set forth in the primary year of a type that are, or under the IRC will become, eligible contract specific to a project. Thus, payments made to an for depreciation, amortization, or accelerated capital cost independent contractor to provide general labor services to the recovery for federal income tax purposes. contractor not specific to a particular contract do not constitute purchases from other firms. However, payments made to a Line 15: To the extent not included in inventory or depreciable subcontractor for services and materials provided under a property, enter materials and supplies, including repair parts contract specific to a particular construction project (such as and fuel. the construction of commercial property on Main Street) do Materials and supplies means tangible personal property constitute purchases from other firms. There is no limitation or purchased in the tax year that are ordinary and necessary condition that the subcontractors to whom such payments are expenses to be used in carrying on a trade or business. made be licensed. Materials and supplies includes repair parts and fuel. Fuel The taxpayer bears the burden to prove it is entitled to a means materials used and consumed to produce heat or power deduction in computing its tax liability. It is presumed that by burning. Fuel does not include electricity. good business practice would include documentation such as Line 16: A staffing company may deduct compensation of a written contract that would support a deduction from gross personnel supplied to its clients, including wages, benefits, receipts for payments to subcontractors as purchases from workers’ compensation costs, and all payroll taxes paid for other firms. The supporting information for payments to a personnel provided to the clients of staffing companies as subcontractor could be incorporated into the contract for the defined under MBT. Staffing company means a taxpayer whose specific project or memorialized in a separate contract with business activities are included in Industry Group 736 under a subcontractor specifying the project to which the costs the Standard Industrial Classification (SIC) Code as compiled pertain. by the United States Department of Labor. Line 18: Enter film rental or royalty payments paid by a Payments to a staffing company by a client do not constitute theater owner to a film distributor, a film producer, or a film purchases from other firms. distributor and producer. Line 19: Enter any deduction available to a Qualified Line 17: For taxpayers that fall under SIC major groups 15 Affordable Housing Project (QAHP). (Building Construction General Contractors and Operative Builders), 16 (Heavy Construction Other Than Building Public Act (PA) 168 of 2008 provides for a deduction from the Construction Contractors), and 17 (Construction Special Trade modified gross receipts and apportioned business income tax Contractors) and do not claim the Small Business Alternative bases for a Qualified Affordable Housing Project. Credit (SBAC) under MCL 208.1417, the following payments Qualified Affordable Housing Project means a person that are considered purchases from other firms: is organized, qualified, and operated as a limited dividend • Payments to subcontractors for a construction project under housing association that has a limitation on the amount of a contract specific to that project, and dividends or other distributions that may be distributed to its • To the extent not deducted as inventory and materials and owners in any given year and has received funding, subsidies, supplies, payments for materials deducted as purchases grants, operating support, or construction or permanent in determining the cost of goods sold for the purpose of funding through one or more public sources. 19 |
A limited dividend housing association is organized and Therefore, the entire amount of Modified Gross Receipts Tax qualified pursuant to Chapter 7 of the State Housing stated and collected by new motor vehicle dealers and new or Development Authority Act (MCL 125.1491 et seq). used personal watercraft dealers must be remitted to Treasury. There should be no instance where a dealer would be collecting If these criteria are satisfied, a Qualified Affordable Housing amounts of Modified Gross Receipts Tax from customers in Project may deduct its gross receipts attributable to the excess of the amount of taxes remitted to Treasury. Taxpayers residential rental units in Michigan it owns multiplied by who elect to separately collect the Modified Gross Receipts a fraction, the numerator of which is the number of rent Tax, in addition to sales price, under MCL 208.1203(5) may file restricted units in Michigan owned by that Qualified and remit the tax as estimated payments with their Corporate Affordable Housing Project and the denominator of which is Income Tax Quarterly Return (Form 4913). the number of all residential rental units in Michigan owned by the project. This deduction is reduced by the amount of limited NOTE: Only new motor vehicle dealers and dealers of new or dividends or other distributions made to the owners of the used personal watercraft are permitted to separately itemize project. Amounts received by the management, construction, and collect a tax imposed under the MBT Act from customers or development company for completion and operation of the in addition to sales price, and that authority is limited to only project and rental units do not constitute gross receipts for the Modified Gross Receipts Tax imposed and levied under purposes of the deduction. Section 203 of the MBT Act. The statute does not authorize separate itemizing and collection of the Business Income Tax MCL 208.1201(8) governs the termination of this deduction. by any taxpayer. UBGs: Leave lines 19a through 19f blank and carry the UBGs: Add the combined total after eliminations from Form amount from Form 4580, Part 2B, line 24g, column C, to Form 4580, Part 2B, line 29, column C, to the number on Form 4567, 4567, line 19g. line 25, and enter the sum on line 26. Line 20: Enter payments made by taxpayers licensed under NOTE: For a UBG in which no member charged MGR Article 25 (Real Estate Brokers and Salespersons) or Article (Modified Gross Receipts) tax as an invoice item, line 26 26 (Real Estate Appraisers) of the Occupational Code [MCL should match line 25. For a UBG in which one or more 339.2501 to 339.2518 and 339.2601 to 339.2637] to independent members charged MGR tax as an invoice item and overcharged contractors licensed under Articles 25 or 26. (on a member-by-member basis) for the year, line 26 will be Line 21: There are three items that qualify for entry on this larger than line 25 by the combined amount of the members’ line. If more than one type applies, enter the combined total as pro forma overcharges. a single amount. A) For a person classified under the 2002 North American PART 2: BUSINESS INCOME TAX Industrial Classification System (NAICS) Number 484, as If business activity is protected under Public Law (PL) 86-272, compiled by the United States Office of Management and complete and include the MBT Schedule of Business Activity Budget, that does not qualify for a credit under Section Protected Under Public Law 86-272 (Form 4586). Leave lines 417, enter the payment, made on or after July 12, 2011, to 28 through 50 blank. subcontractors to transport freight by motor vehicle under a UBGs: If business activity of a UBG member is protected contract specific to that freight to be transported by motor under PL 86-272, that member must claim protection by filing vehicle. Attach a letter to explain the activity that qualifies Form 4586 (if that member is the DM) or Form 4581 (if a non- for this subtraction and the date of the payment. Include designated member). Report only the activities of the member the NAICS code. named on that form. If all members of the UBG are claiming B) Enter on this line the gross receipts included on line PL 86-272 protection, then the UBG will leave lines 28 12, which result from the agricultural activity of a person through 50 blank. So long as one member of a UBG has nexus whose primary activity (i.e., more than 50 percent of gross with Michigan and exceeds the protections of PL 86-272, all receipts) is the production of agricultural goods. members of the UBG — including members protected under PL 86-272 — must be included when calculating the UBG’s C) Enter on this line the gross receipts included on line 12 Business Income Tax base and apportionment formula. PL 86- which result from the production of oil or gas, and minerals 272 will only remove business income from the apportionable if that production of oil or gas, and minerals is subject to the Business Income Tax base when all members of the UBG are Severance Tax on Oil or Gas, 1929 PA 48. protected under PL 86-272. Line 26: Enter the amount of MBT Modified Gross Receipts Line 28: Business income means that part of federal taxable Tax collected in the tax year. income derived from business activity. For MBT purposes, Section 203(5) of the MBT Act permits new motor vehicle federal taxable income means taxable income as defined by IRC dealers licensed under the Michigan Vehicle Code, § 63, except that federal taxable income shall be calculated as if PA 300 of 1949, MCL 257.1 to 257.923, and dealers of new or IRC § 168(k) [as applied to qualified property placed in service used personal watercraft to collect the Modified Gross Receipts after December 31, 2007] and IRC § 199 were not in effect. For Tax in addition to the sales price. The act states the “amount a Partnership or S Corporation (or LLC federally taxed as such), remitted to the Department for the [Modified Gross Receipts business income includes payments and items of income and Tax] ... shall not be less than the stated and collected amount.” expense that are attributable to business activity of the 20 |
Partnership or S Corporation and separately reported to the to that individual, or a common trust established under the partners or shareholders. Collective Investment Funds Act of 1941, is not included in the Business Income Tax base. This exclusion only applies to the Use the Business Income Worksheet (Worksheet 4746), in specific types of taxpayers identified above. Investment income Form 4600, to calculate business income. Attach the worksheet and any other types of income earned or received by all other to the return. The worksheet will calculate business income types of persons or taxpayers not specifically referenced must be as defined by law in most instances. Taxpayers and tax included in the business income of the taxpayer. professionals are expected to be familiar with uncommon situations within their experience, which produce business Additions to Income income not identified by specific lines on the worksheet, and Additions are generally required to the extent deducted in report that amount on the most appropriate line. Treasury may arriving at federal taxable income. (Business income, line 28.) adjust the figure resulting from Worksheet 4746 to account properly for such uncommon situations. Line 29: Enter any interest income and dividends from bonds and similar obligations or securities of states other than For an organization that is a mutual or cooperative electric Michigan and their political subdivisions in the same amount company exempt under IRC § 501(c)(12), business income that was excluded from federal taxable income (as defined for equals the organization’s excess or deficiency of revenues MBT purposes). Reduce this addition by any expenses related over expenses as reported to the federal government by those to the foregoing income that were disallowed on the federal organizations exempt from the federal income tax under the return by IRC § 265 or 291. IRC, less capital credits paid to members of that organization, less income attributed to equity in another organization’s net Line 30: Enter all taxes on, or measured by, net income income, and less income resulting from a charge approved including city and state taxes, Foreign Income Tax, and Federal by a state or federal regulatory agency that is restricted for Environmental Tax claimed as a deduction on the federal return. a specified purpose and refundable if it is not used for the Line 31: Enter the Michigan Business Tax, including specified purpose. surcharge, claimed as a deduction on the federal return. For a tax-exempt person, business income means only that Line 32: Enter any net operating loss carryback or carryover part of federal taxable income (as defined for MBT purposes) that was deducted in arriving at federal taxable income (as derived from unrelated business activity. defined for MBT purposes) reported on line 28. Enter this For an Individual or an Estate, or for a Partnership or Trust amount as a positive number. organized for estate or gift planning purposes, business income Line 33: Enter any losses included in federal taxable income is that part of federal taxable income (as defined for MBT (as defined for MBT purposes) that are attributable to other purposes) derived from transactions, activities, and sources in entities that have made a valid election to file under the MBT the regular course of the person’s trade or business, including and have filed under the MBT. If there is only one such entity the following: to report, enter its FEIN or TR number in the field on this • All income from tangible and intangible property if the form. If there is more than one such entity to report, enter acquisition, rental, lease, management, or disposition of the on the form the FEIN or TR number of one of the entities property constitutes integral parts of the person’s regular and attach a list of the account numbers of all. On the list trade or business operations. include a breakdown of the amount of this loss add-back that • Gains or losses incurred in the taxpayer’s trade or business is attributable to each entity. In any case, the amount on line from stock and securities of any foreign or domestic 33 should be the total of all losses, not just the loss of the one corporation and dividend and interest income. entity identified on the form. • Income derived from isolated sales, leases, assignments, UBGs: It is not necessary to attach a list of entities in licenses, divisions, or other infrequently occurring connection with this line item because all entities for which dispositions, transfers, or transactions involving tangible, a loss add-back is being reported have been identified on the intangible, or real property if the property is or was used in corresponding line of Form 4580, or a similar list required as the person’s trade or business operation. an attachment to Form 4580. • Income derived from the sale of an interest in a business that Line 34: Enter any royalty, interest, or other expense paid to constitutes an integral part of the person;’s regular trade or a person related to the taxpayer by ownership or control for business. the use of an intangible asset if the person is not included in the taxpayer’s UBG. Royalty, interest, or other expense • Income derived from the lease or rental of real property described here is not required to be included if the taxpayer NOTE: Personal investment income, gains from the sale of can demonstrate that the transaction has a nontax business property held for personal use and enjoyment, or other assets not purpose other than avoidance of this tax, is conducted with used in a trade or business, and any other income not specifically arm’s-length pricing and rates and terms as applied in derived from a trade or business that is earned, received, or accordance with IRC § 482 and 1274(d), and satisfies one of otherwise acquired by an Individual, an Estate, or a Trust or the following: Partnership organized or established for estate or gift planning • Is a pass-through of another transaction between a third purposes, a person organized exclusively to conduct investment party and the related person with comparable rates and activity solely for a third party individual or a person related 21 |
terms. A) For tax years that begin after December 31, 2009, to • Results in double taxation. For this purpose, double the extent included in federal taxable income, deduct taxation exists if the transaction is subject to tax in another the amount of a charitable contribution made to the jurisdiction. Advance Tuition Payment fund created under section 9 of the Michigan Education Trust Act, PA 316 of 1986, • Is unreasonable as determined by Treasury, and the taxpayer MCL 390.1429. This is deductible only to the extent that agrees that the addition would be unreasonable based on the contribution was NOT federally deductible. taxpayer’s facts and circumstances. • The related person (recipient of the transaction) is organized B) Eligible licensed marihuana trades or businesses may under the laws of a foreign nation which has in force a subtract ordinary and necessary expenses paid or incurred comprehensive income tax treaty with the United States. during the tax year that would be allowed if section 280E of the internal revenue code were not in effect. Under Line 35: There currently are no additions required that are the Michigan Regulation and Taxation of Marihuana Act recorded on this line. Leave this line blank. (which allows for what is often referred to as “recreational” or “adult use” marihuana), a marihuana establishment Subtractions from Income licensed under that act is allowed a deduction from Michigan income tax for certain expenses not allowed in Subtractions are generally available to the extent included in arriving at federal taxable income. IRC 280E prohibits a arriving at federal taxable income (Business Income, line 28). deduction for any amount paid or incurred in carrying on Line 38: Enter any dividends and royalties received from a trade or business that consists of trafficking in Schedule persons other than United States persons and foreign operating I and II controlled substances (e.g., marihuana). However, entities, including, but not limited to, amounts determined the IRC is also structured to recognize the cost of goods under IRC § 78 or IRC § 951 to 965. sold before reaching gross profit, regardless whether taxpayer is in the business of trafficking in marihuana. NOTE: To the extent deducted in arriving at federal taxable Therefore, any expenses related to cost of goods sold (and income, any deduction under IRC 250(a)(1)(B) should be added any other expenses already allowed in reaching federal back on this line (i.e., netted against subtractions made on this taxable income) may not be subtracted from the Michigan line). base. Line 39: Enter any income included in federal taxable income (as C) Enter the Book-Tax deduction to the extent available. defined for MBT purposes) that are attributable to other entities The deduction is only available to a taxpayer that reported that have made a valid election to file under the MBT and have a Book-Tax amount on Form 4593 with an original 2008 filed under the MBT. If there is only one such entity to report, MBT annual return. enter its FEIN or TR number in the field on this form. If there is more than one such entity to report, enter on the form the FEIN or The Book-Tax deduction is calculated as follows: TR number of one of the entities and attach a list of the account numbers of all. On the list include a breakdown of the amount of 1) Total of amount reported on Column C of Form 4593 this income subtraction that is attributable to each entity. In any with the original 2008 MBT annual return. (For UBGs, case, the amount on line 39 should be the total of all income, not compute the sum of the amounts reported by all current just the income of the one entity identified on the form. members of the group who filed Form 4593.) UBGs: It is not necessary to attach a list of entities in 2) Calculate the amount needed to offset the net deferred connection with this line item because all entities for which an tax liability of the taxpayer which results from the income subtraction is being reported have been identified on imposition of the business income tax, at a rate of 4.95%, the corresponding line of Form 4580, or a similar list required and the modified gross receipts tax, at a rate of 0.8%, as an attachment to Form 4580. calculated for the first fiscal period ending after July 12, 2007. Line 40: To the extent included in federal taxable income (as defined for MBT purposes), deduct interest income derived 3) Take the lesser of the result of (1) or (2). from United States obligations. 4) Report on this line 4% of the result of step 3. The Line 41: To the extent included in federal taxable income (as remaining percentage of the amount from step 3 will be defined for MBT purposes), deduct any earnings that are net deductible in future years. earnings from self-employment as defined under IRC § 1402 A taxpayer claiming the Book-Tax deduction must maintain of the taxpayer, or a partner or LLC member of the taxpayer. records and work papers necessary to support the calculation The amount deducted shall be the amount properly reported and journal entry identified for the same length of time that the on a schedule K-1-form 1065 as self-employment earnings for deduction is available, and to support a potential audit of the federal income tax purposes for the tax year. taxpayer’s business by the Michigan Department of Treasury. Line 42: There are three items that qualify for entry on this Line 45: If line 45 is negative, enter as a negative number. A line. If more than one type applies, enter the combined total as loss on line 45 will create (or increase) the MBT business loss a single amount. carryforward for the next year. 22 |
Line 46: Deduct any available MBT business loss incurred agreement) less rental expenses attributable to residential after December 31, 2007. Enter as a positive number. rental units in Michigan, including, but not limited to, repairs, interest, insurance, maintenance, utilities, and depreciation. Business loss means a negative business income tax base, after apportionment, if applicable. Specifically, Partnerships may use a Rental Real Estate Income and Expenses of a Partnership or an S Corporation (U.S. Form Only an MBT business loss may be used and only from prior 8825) to determine its taxable income attributable to residential consecutive years when the taxpayer was an MBT taxpayer. rental units in Michigan. To the extent that the Qualified NOTE: MBT business loss carryforward is not the same as Affordable Housing Project is taxed as something other than the federal net operating loss carryforward or carryback. It a Partnership or S Corporation, the Qualified Affordable is also not the same as a Corporate Income Tax business loss Housing Project may use the Supplemental Income and Loss carryforward. A CIT business loss carryforward may not be (U.S. Form 1040, Schedule E) or the relevant portions of the entered on this line or applied against the MBT tax base. A U.S. Corporation Income Tax Return (U.S. Form 1120), as taxpayer that acquires the assets of another corporation in a appropriate. If the Qualified Affordable Housing Project is a transaction described under section 381(a)(1) or (2) of the IRC Corporation, the expenses permitted should be limited to those may deduct any MBT business loss carryforward attributable also listed on the Low-Income Housing Credit Agencies Report to that distributor or transfer or corporation. of Noncompliance or Building Disposition (U.S. Form 8823) and U.S. Form 1040, Schedule E. Rental receipts and expenses Line 47: Subtract line 46 from line 45. Any negative amount must be calculated without regard to any gain or loss resulting on line 47 is an MBT business loss which may be carried from the disposition of rental property. Also, since Partnerships forward to the next filing period, except to the extent that all or are subject to tax as a person under MBT, flow-through some portion of this business loss has exceeded its usable life amounts from other Partnerships are not considered. of ten tax years. Improvements that increase the value of the property or extend NOTE: Any business loss created on this return may only be its life, such as replacing a roof or renovating a kitchen, are applied against a subsequent MBT business income tax base. not deductible rental expenses. Any passive activity loss This business loss may not be applied against a subsequent limitations applicable to the Qualified Affordable Housing Corporate Income Tax tax base. Project’s federal return also apply for purposes of MCL Line 48: If line 47 is positive, enter the Qualified Affordable 208.1201(7). Housing Deduction, if applicable. The Qualified Affordable Housing Project’s deduction NOTE: If claiming both the seller’s and the QAHP deductions, is reduced by the amount of limited dividends or other complete the QAHP deduction calculation on lines 48a through distributions made to the owners of the project. Income 48h, and add to the total at line 48i the amount from Form received by the management, construction, or development 4579, line 5. company for completion and operation of the project and rental units does not constitute taxable income attributable to PA 168 of 2008 provides for a deduction from the apportioned residential rental units. Business Income Tax base to a Qualified Affordable Housing Project and a seller of residential rental units to a Qualified UBGs: Leave lines 48a through 48h blank and carry the Affordable Housing Project. Qualified Affordable Housing amount from Form 4580, Part 2B, line 45i, column C, to line Project is defined under instructions for line 19. 48i. The seller may take a deduction from its apportioned Business When the seller claims a deduction for the year of sale, the Income Tax base equal to the gain from the sale of the State will place a lien on the property equal to the amount of residential rental units to the Qualified Affordable Housing the seller’s deduction. If the buyer fails to qualify as a Qualified Project, as calculated on the MBT Qualified Affordable Affordable Housing Project or fails to operate any of the Housing Seller’s Deduction (Form 4579). Enter the amount residential rental units as rent restricted units in accordance from Form 4579, line 5. (All MBT forms, including Form 4579, with the operation agreement within 15 years after the date are available online at www.michigan.gov/mbt.) of purchase, the lien placed on the property for the amount of the seller’s deduction becomes payable to the State. The The Qualified Affordable Housing Project may deduct from lien is payable through a “recapture” to be added to the tax its apportioned Business Income Tax base an amount equal liability of the buyer in the year the recapture event occurs. to the product of the taxable income attributable to residential The recapture is calculated on MBT Schedule of Recapture of rental units in Michigan it owns multiplied by a fraction, Certain Business Tax Credits and Deductions (Form 4587), the numerator of which is the number of rent restricted units and is reduced proportionally for the number of years the buyer in Michigan owned by that Qualified Affordable Housing qualified for the deduction. Project and the denominator of which is the number of all residential rental units in Michigan owned by the project. MCL PART 3: TOTAL MICHIGAN BUSINESS TAX 208.1201(8) governs the termination of this deduction. Line 53: IMPORTANT: If apportioned or allocated gross In general, taxable income attributable to residential rental receipts are less than $350,000, enter a zero on this line. A units is gross rental receipts attributable to residential rental return to report tax credit recapture is mandatory, however, units in Michigan (purchased pursuant to an operation even if a taxpayer is otherwise not required to file a return because it does not meet the filing threshold of $350,000. 23 |
Tax Years Less Than 12 Months: If the reported tax year is Refer to the “Computing Penalty and Interest” section in Form less than 12 months, gross receipts must be annualized. If 4600 to determine the annual return penalty rate and use the annualized gross receipts do not exceed $350,000, enter zero on following “Overdue Tax Penalty” and “Overdue Tax Interest” this line. worksheets. Annualizing WORKSHEET – OVERDUE TAX PENALTY Multiply each applicable amount, total gross receipts, adjusted business income, and shareholder, officer, and partner income, A. Tax due from Form 4567, line 67 ......... 00 and, for fiscal filers, divide the result by the number of months B. Late/extension or insufficient the business operated. Generally, a business is considered in payment penalty percentage ................ % business for one month if the business operated for more than C. Multiply line A by line B ..................... 00 half the days of the month. If the tax year is less than one month, Carry amount from line C to Form 4567, line 69b. consider the tax year to be one month for the purposes of the calculation. WORKSHEET – OVERDUE TAX INTEREST A. Tax due from Form 4567, line 67 ......... 00 UBGs: If apportioned or allocated gross receipts before B. Applicable daily interest percentage .. % intercompany eliminations (gross receipts from Form 4580, C. Number of days return was past due ... Part 2B, line 17, column A, multiplied by the apportionment D. Multiply line B by line C .................... % percentage reported on Form 4567, line 11c) are less than E. Multiply line A by line D .................... 00 $350,000, enter a zero on this line. Group members reporting Carry amount from line E to Form 4567, line 69c. a period of less than 12 months with this group return must annualize their gross receipts figure on a member by member basis. Use each member’s number of months reported in the Line 69c: NOTE: If the late period spans more than one group’s tax year. Once all applicable members’ gross receipts interest rate period, divide the late period into the number figures are annualized, add all members’ figures to determine of days in each of the interest rate periods identified in the the group’s annualized apportioned or allocated gross receipts. “Computing Penalty and Interest” section in Form 4600, and Line 58: If the amount entered on Form 4946, line 39, is a apply the calculations in the “Overdue Tax Interest” worksheet positive number, enter that amount on this line. Only a positive separately to each portion of the late period. Combine these amount may be entered on this line. interest subtotals and carry the total to line 66c. NOTE: Include a completed copy of Form 4946 with this PART 5: REFUND OR CREDIT FORWARD return regardless of whether an amount is entered on Line 58. Line 71: If the amount of the overpayment, less any penalty and interest due on lines 68 and 69d is less than zero, enter the PART 4: PAYMENTS, REFUNDABLE CREDITS, AND difference (as a positive number) on line 70. If the amount is TAX DUE greater than zero, enter on line 71. Line 61: Enter the total estimated taxes paid. Include all NOTE: If an overpayment exists, a taxpayer must elect a payments made on returns that apply to the current tax year. refund of all or a portion of the amount and/or designate all or For example, calendar year filers include money paid with the a portion of the overpayment to be used as an estimate for the combined returns for return periods January through December. next MBT tax year. Complete lines 72 and 73 as applicable. Line 72: If the taxpayer anticipates an MBT liability in the Amended Returns Only: filing period subsequent to this return, some or all of any Line 66a: Enter total payment(s) made with original and/or overpayment from line 71 may be credited forward to the next prior amended returns for this period. tax year as an estimated payment. Enter the desired amount to Line 66b: Enter net overpayment received (refund(s) received use as an estimate for the next MBT tax year. plus credit forward(s) created) from the original Reminder: Taxpayers must sign and date returns. Preparers and/or prior amended returns for this period. must provide a Preparer Taxpayer Identification Number Line 66c: Add lines 65 and 66a and subtract line 66b from (PTIN), FEIN or Social Security number (SSN), a business the sum. name, and a business address and phone number. Line 68: If penalty and interest are owed for not filing Other Supporting Forms and Schedules estimated returns or for underestimating tax, complete Federal Forms: Attach copies of these forms to the return. the MBT Penalty and Interest Computation for Underpaid Estimated Tax (Form 4582) to compute penalty and interest UBGs: See Form 4580 instructions for information regarding due. If a taxpayer chooses not to file this form, Treasury will federal attachments for members of UBGs. compute penalty and interest and bill for payment. • C Corporations: U.S. Form 1120 (pages 1 through 4), Line 69: Enter the annual return penalty rate on line 69a. Add Schedule D, Form 851, Form 4562, and Form 4797. If filing the overdue tax penalty on line 69b to the overdue tax interest as part of a consolidated federal return, attach a pro forma in line 69c. Enter total on line 69d. or consolidated schedule. • S Corporations: U.S. Form 1120-S (pages 1 through 4)*, 24 |
Schedule D, Form 851, Form 4562, Form 4797, Form 8825. • Individuals: U.S. Form 1040 (pages 1 and 2), Schedules C, C-EZ, D, E, and Form 4797. • Fiduciaries: U.S. Form 1041 (pages 1 through 2), Schedule D, and Form 4797. • Partnerships: U.S. Form 1065, (pages 1 through 5)*, Schedule D, Form 4797, and Form 8825. • Limited Liability Companies: Attach appropriate schedules listed above based on federal return filed. • Federally Exempt Entities: In certain circumstances, a federally tax exempt entity must file an MBT return. In those cases, attach U.S. Form 990-T (pages 1 through 4). * Do not send copies of K-1s. Treasury will request them if necessary. 25 |
Sourcing of Sales to Michigan franchises, licenses, contracts, customer lists, TANGIBLE AND REAL PROPERTY computer software, or similar items Sale of tangible personal property Property is used by the purchaser in this State. If property is Property is shipped or delivered, or, in the case of electricity used in more than one state, royalties or other income will be and gas, the contract requires the property to be shipped or apportioned to this State pro rata according to the portion of delivered, to any purchaser within this State based on the use in this State. ultimate destination at the point that the property comes to rest regardless of the free on board point or other conditions of the If the portion of use in this State cannot be determined, the sales. royalties or other income will be excluded from both the numerator and the denominator. Property stored in transit for 60 days or more prior to receipt by the purchaser or the purchaser’s designee, or in the case of If the purchaser of intangible property uses it or the rights to a dock sale not picked up for 60 days or more, shall be deemed the intangible property, in the regular course of its business to have come to rest at this ultimate destination. Property operations in this State, regardless of the location of the stored in transit for fewer than 60 days prior to receipt by the purchaser’s customers. purchaser or the purchaser’s designee, or in the case of a dock SALES FROM PERFORMANCE OF SERVICES (IN sale not picked up before 60 days, is not deemed to have come to rest at this ultimate destination. GENERAL) Receipts from performance of services, in general NOTE: Tangible personal property means that term as defined in Section 2 of the Use Tax Act, Public Act (PA) 94 of 1937, Recipient of services receives all of the benefit of the services MCL 205.92. in this State. Sale, lease, rental or licensing of real property If the recipient of the services receives some of the benefit of the services in this State, receipts are included in the numerator Property is located in this State. of the apportionment factor in proportion to the extent that the Lease or rental of tangible personal property recipient receives benefit of the services in this State. To the extent the property is used in this State. Extent of use For more information regarding how a taxpayer determines is determined by multiplying the receipts by a fraction, the where the recipient of services performed receives the numerator is the number of days of physical location of the benefit of those services, see RAB 2010-5, Michigan property in this State during the lease or rental period in the Business Tax Where Benefit of Services is Received, on the tax year and the denominator is the number of days of physical Michigan Department of Treasury (Treasury) Web site at location of the property everywhere during all lease or rental www.michigan.gov/taxes. periods in the tax year. If the physical location of the property during the lease or FINANCIAL SERVICES rental period is unknown or cannot be determined, the tangible Sales derived from securities brokerage services personal property is used in the state in which the property including commissions on transactions, the spread was located at the time the lease or rental payer obtained earned on principal transactions in which broker buys possession. or sells from its account, total margin interest paid on behalf of brokerage accounts owned by broker’s Lease or rental of mobile transportation property customers, and fees and receipts of all kinds from owned by the taxpayer underwriting of securities To the extent property is used in this State. For example, the Multiply the total dollar amount of receipts from securities extent an aircraft will be deemed to be used is determined brokerage services by a fraction, the numerator of which is the by multiplying all the receipts from the lease or rental of sales of securities brokerage services to customers within this the aircraft by a fraction, the numerator of the fraction is State, and the denominator of which is the sales of securities the number of landings of the aircraft in this State and the brokerage services to all customers. denominator of the fraction is the total number of landings of the aircraft. If receipts from brokerage services can be associated with a particular customer, but it is impractical to associate the If the extent of use of any transportation property within this receipts with the address of the customer, then the address of State cannot be determined, then the receipts are in this State the customer will be presumed to be the address of the branch if the property has its principal base of operations in this State. office that generates the transactions for the customer. INTANGIBLE PROPERTY (IN GENERAL) Sales of services derived directly or indirectly from Royalties and other income received for use of or for sale of management, distribution, administration, the privilege of using intangible property including or securities brokerage services to, or on behalf of, patents, knowhow, formulas, designs, processes, a regulated investment company or its beneficial patterns, copyrights, trade names, service names, owners, including receipts derived directly or 26 |
indirectly from trustees, sponsors, or participants Gains from sale of a loan not secured by real of employee benefit plans that have accounts in a property, including income recorded under coupon regulated investment company stripping rules of IRC 1286 To the extent the shareholders of the regulated investment Borrower is located in this State.* company are domiciled within this State. For this purpose, domicile means the shareholder’s mailing address on the Credit card receivables, including interest, fees, and records of the regulated investment company. penalties from credit card receivables and receipts from fees charged to cardholders, such as annual fees If the regulated investment company or the person providing management services to the regulated investment company has Billing address of the cardholder is located in this State. actual knowledge that the shareholder’s primary residence or Sale of credit card or other receivables principal place of business is different than the shareholder’s mailing address, then the shareholder’s primary residence or Billing address of the customer is located in this State. principal place of business is the shareholder’s domicile. Credit card issuer’s reimbursements fees A separate computation must be made with respect to receipts Billing address of the cardholder is located in this State. derived from each regulated investment company. Total amount of sales attributable to this State must be equal to Merchant discounts, computed net of any cardholder total receipts received by each regulated investment company chargebacks, but not reduced by any interchange multiplied by a fraction determined as follows: transaction fees or by any issuer’s reimbursement • The numerator of the fraction is the average of the sum of fees paid to another for charges made by its the beginning-of-year and end-of-year number of shares cardholders owned by the regulated investment company shareholders Commercial domicile of the merchant is located in this State. who have their domicile in this State. • The denominator of the fraction is the average of the sum Loan servicing fees derived from loans of another of the beginning-of-year and end-of-year number of shares secured by real property owned by all shareholders. Real property is located in this State. • For purposes of the fraction, the year will be the tax year of Real property is located both in and out of this State and one or the regulated investment company that ends with or within more states if more than 50 percent of the fair market value of the the tax year of the taxpayer. real property is located in this State. Receipts from the origination of a loan or gains from More than 50 percent of the fair market value of the real sale of a loan secured by residential real property property is not located in any one state, and the borrower is Only if one or more of the following apply: located in this State.* • Real property is located in this State. If the location of the security cannot be determined, then loan • Real property is located both within this State and one or servicing fees for servicing either the secured or the unsecured more other states and more than 50 percent of the fair loans of another are in this State if the lender to whom the loan market value of the real property is located within this State. servicing service is provided is located in this State. • More than 50 percent of the real property is not located in any one state and the borrower is located in this State.* Loan servicing fees derived from loans of another not secured by real property Interest from loans secured by real property Borrower is located in this State.* Property is located in this State. If location of the security cannot be determined, then loan If property is located both in this State and one or more other servicing fees for servicing either the secured or the unsecured states, if more than 50 percent of the fair market value of the loans of another are in this State if the lender to whom the loan real property is located within this State. servicing service is provided is located in this State. If more than 50 percent of the fair market value of the real Sale of securities and other assets from investment property is not located within any one state, if the borrower is and trading activities, including, but not limited to, located in this State.* interest, dividends, and gains The determination of whether the real property securing a loan Attributable to the State if the person’s customer is in this is located in this State will be made at the time the original State, or if the location of the person’s customer cannot be agreement was made and any and all subsequent substitutions determined, both of the following: of collateral will be disregarded. • Interest, dividends, and other income from investment Interest from a loan not secured by real property assets and activities and from trading assets and activities, Borrower is located in this State.* including, but not limited to, investment securities; trading *A borrower is considered located in this State if the borrower’s billing address is in this State. 27 |
account assets; federal funds; securities purchased and sold gross receipts for the barrel miles transported in this State under agreements to resell or repurchase; options; futures bear to the gross receipts for the barrel miles transported by contracts; forward contracts; notional principal contracts the person everywhere. such as swaps; equities; and foreign currency transactions • Gas by pipeline – Proportioned based on the ratio that the are in this State if the average value of the assets is assigned gross receipts for the 1,000 cubic feet miles transported in to a regular place of business of the taxpayer within this this State bear to the gross receipts for the 1,000 cubic feet State. miles transported by the person everywhere. ○ Interest from federal funds sold and purchased and from securities purchased under resale agreements and NOTE: If a taxpayer can show that revenue mile information securities sold under repurchase agreements are in this is not available or cannot be obtained without unreasonable State if the average value of the assets is assigned to expense to the taxpayer, receipts attributable to this State will a regular place of business of the taxpayer within this be that portion of the revenue derived from transportation State. services everywhere performed that the miles of transportation services performed in this State bears to the miles of ○ Amount of receipts and other income from investment transportation services performed everywhere. If Treasury assets and activities is in this State if assets are assigned determines that the information required for the calculations to a regular place of business of the taxpayer within this above are not available or cannot be obtained without State. unreasonable expense to the taxpayer, Treasury may use other • Amount of receipts from trading assets and activities, available information that in the opinion of Treasury will result including, but not limited to, assets and activities in the in an equitable allocation of the taxpayer’s receipts to this State. matched book, in the arbitrage book, and foreign currency transactions, but excluding amounts otherwise sourced in NOTE: For transportation services that source sales based on this section, are in this State if the assets are assigned to a revenue miles, enter a sales amount on Form 4567, Line 11a, by regular place of business of the taxpayer within this State. multiplying total sales of the transportation service by the ratio of Michigan revenue miles over revenue miles everywhere as TRANSPORTATION SERVICES provided in the table on this page for that type of transportation service. Revenue mile means the transportation for a Receipts from transportation services consideration of one net ton in weight or one passenger the distance of one mile. Only transportation services are sourced Generally, receipts will be proportioned based on the ratio that using revenue miles. To the extent the taxpayer has business revenue miles of the person in this State bear to the revenue activities or revenue streams not from transportation services, miles of the person everywhere. those receipts should be sourced accordingly. Receipts from maritime transportation services will be attributable to this State as follows: TELECOMMUNICATIONS SERVICES • 50 percent of those receipts that either originate or terminate Sale of telecommunications service or mobile in this State. telecommunications service, in general • 100 percent of those receipts that both originate and Customer’s place of primary use of the service is in this State. terminate in this State. As used here, place of primary use means the customer’s Receipts attributable to this State of a person whose business residential street address or primary business street address activity consists of the transportation of: where the customer’s use of the telecommunications service primarily occurs. • Property and individuals – Proportioned based on the total gross receipts for passenger miles and ton mile fractions, For mobile telecommunications service, the customer’s separately computed and individually weighted by the ratio residential street address or primary business street address is of gross receipts from passenger transportation to total gross the place of primary use only if it is within the licensed service receipts from all transportation, and by the ratio of gross area of the customer’s home service provider. receipts from freight transportation to total gross receipts Sale of telecommunications service sold on an from all transportation, respectively. individual call-by-call basis Michigan Ton Miles Gross Receipts from Call both originates and terminates in this State. Total Ton Miles x Transportation of Property Call either originates or terminates in this State and the service address is located in this State. Michigan Passenger Miles + Gross Receipts from Sale of postpaid telecommunications service Total Passenger Miles x Transportation of Passengers Origination point of telecommunication signal (as first identified by the service provider’s telecommunication system = Michigan Sales from Transportation Services or as identified by information received by the seller from its service provider if system used to transport telecommunication • Oil by pipeline – Proportioned based on the ratio that the signals is not the seller’s) is located in this State. 28 |
Sale of prepaid telecommunications service or Taxpayer whose business activities include live radio prepaid mobile telecommunications service or television programming as described in Subsector Code 7922 of Industry Group 792 or are included in Purchaser obtains the prepaid card or similar means of Industry Groups 483, 484, 781, or 782, under the SIC conveyance at a location in this State. Code as compiled by the U.S. Department of Labor, or Recharging a prepaid telecommunications service or any combination of the business activities included in mobile telecommunications service those groups Purchaser’s billing information indicates a location in this State. Media receipts are attributable to this State only if the commercial domicile of the customer is in this State and the Sale of private communication services customer has a direct connection or relationship with the 100 percent of the receipts from the sale of each channel taxpayer pursuant to a contract under which the media receipts termination point within this State. are derived. 100 percent of the receipts from the sale of the total channel Media receipts from the sale of advertising are attributable to mileage between each termination point within this State. this State if the customer of that advertising is commercially domiciled in this State and receives some of the benefit of 50 percent of the receipts from the sale of service segments for the sale of that advertising in this State. Sales are included in a channel between two customer channel termination points, proportion to the extent that the customer receives the benefit one of which is located in this State and the other is located of the advertising in this State. outside of this State, which segments are separately charged. If the taxpayer is a broadcaster and if the customer receives Receipts from the sale of service for segments with a channel some of the benefit of the advertising in this State, the media termination point located in this State and in two or more other receipts for that sale of advertising from that customer will be states or equivalent jurisdictions, and which segments are proportioned based on the ratio that the broadcaster’s viewing not separately billed, are in this State based on a percentage or listening audience in this State bears to its total viewing or determined by dividing the number of customer channel listening audience everywhere. termination points in this State by the total number of customer channel termination points. Media property means motion pictures, television programs, Internet programs and Web sites, other audiovisual works, and Sale of billing services and ancillary services for any other similar property embodying words, ideas, concepts, telecommunications service images, or sound without regard to the means or methods of Based on the location of the purchaser’s customers. distribution or the medium in which the property is embodied. If the location of the purchaser’s customers is not known or Media receipts means receipts from the sale, license, broadcast, cannot be determined, the sale of billing services and ancillary transmission, distribution, exhibition, or other use of media services for telecommunications service are in this State based property and receipts from the sale of media services. Media on the location of the purchaser. receipts do not include receipts from the sale of media property that is a consumer product that is ultimately sold at retail. To access a carrier’s network or from the sale of telecommunications services for resale Media services means services in which the use of the media property is integral to the performance of those services. 100 percent of the receipts from access fees attributable to intrastate telecommunications service that both originates and NOTE: Terms used to describe the sale of telecommunications terminates in this State. service or mobile telecommunications service have the same meaning as those terms defined in the Streamlined Sales and 50 percent of the receipts from access fees attributable to Use Tax Agreement administered under the Streamlined interstate telecommunications service if the interstate call Sales and Use Tax Administration Act, PA 174 of 2004, MCL either originates or terminates in this State. 205.801 to 205.833. 100 percent of receipts from interstate end user access line OTHER charges, if customer’s service address is in this State. As used here, “interstate end user access line charges” includes, Default for all other receipts not otherwise sourced but is not limited to, the surcharge approved by the federal here communications commission and levied pursuant to 47 CFR 69. Sourced based on where the benefit to the customer is received, Gross receipts from sales of telecommunications services to or if where the benefit to the customer is received cannot be other telecommunication service providers for resale will be determined, sourced to the customer’s location. sourced to this State using the apportionment concepts used For more information regarding how a taxpayer determines for non-resale receipts of telecommunications services if the where the recipient of services performed receives the benefit information is readily available to make that determination. If of those services, see RAB 2010-5, Michigan Business Tax the information is not readily available, then the taxpayer may Where Benefit of Services is Received, on the Treasury Web use any other reasonable and consistent method. site at www.michigan.gov/taxes. 29 |
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Michigan Department of Treasury Attachment 26 4946 (Rev. 04-22), Page 1 of 2 2022 MICHIGAN Schedule of Corporate Income Tax Liability for a Michigan Business Tax Filer Issued under authority of Public Act 36 of 2007 and PA 39 of 2011. Taxpayer Name (print or type) Federal Employer Identification Number (FEIN) PART 1: APPORTIONMENT CALCULATION 1. Michigan sales of the taxpayer. (If no Michigan sales, enter zero) ................................................................ 1. 00 2. Total sales of the taxpayer ............................................................................................................................. 2. 00 3. Apportionment percentage. Divide line 1 by line 2 ............................................................................................. 3. % PART 2: BUSINESS INCOME TAX 4. Federal taxable income from federal Form 1120 (Includes ag activities. Non-C Corporations, see instructions.) 4. 00 5. This line is no longer in use. Skip to line 6 ......................................................................................................... 5. X X X X X X X X X 00 6. Miscellaneous (see instructions) ........................................................................................................................ 6. 00 7. Adjustments due to decoupling of Michigan depreciation from IRC § 168(k). If adjustment is negative, enter as negative: a. Net bonus depreciation adjustment .................................................. 7a. 00 b. Gain/loss adjustment on sale of eligible depreciable asset(s) ........... 7b. 00 c. Add lines 7a and 7b. If negative, enter as negative....................................................................................... 7c. 00 8. Add lines 4, 6 and 7c. If negative, enter as negative.......................................................................................... 8. 00 9. For a Unitary Business Group (UBG), total group eliminations from business income. (See instructions.) All other filers, enter zero................................................................................................................................... 9. 00 10. Business Income. All filers, subtract line 9 from line 8. If negative, enter as negative .................................... 10. 00 Additions to Business Income 11. Interest income and dividends derived from obligations or securities of states other than Michigan ................. 11. 00 12. Taxes on or measured by net income, including CIT (see instructions) ............................................................. 12. 00 13. Any carryback or carryover of a federal net operating loss (enter as a positive number) ................................... 13. 00 14. Royalty, interest, and other expenses paid to a related person that is not a UBG member of this taxpayer ...... 14. 00 15. Miscellaneous (see instructions) ....................................................................................................................... 15. 00 16. Total Additions to Income. Add lines 11 through 15 ........................................................................................... 16. 00 17. Corporate Income Tax Base After Additions. Add lines 10 and 16. If negative, enter as negative .............. 17. 00 Subtractions from Business Income 18. Income from non-unitary FTEs (Enter loss as negative) ................................................................................... 18. 00 19. Dividends and royalties received from persons other than U.S. persons and foreign operating entities .......... 19. 00 20. Interest income derived from United States obligations .................................................................................... 20. 00 21. Miscellaneous (see instructions) ....................................................................................................................... 21. 00 22. Total Subtractions from Income. Add lines 18 through 21 ................................................................................. 22. 00 23. Corporate Income Tax Base. Subtract line 22 from line 17. If negative, enter as negative .......................... 23. 00 24. Apportioned Corporate Income Tax Base. Multiply line 23 by percentage from line 3 ...................................... 24. 00 25. Apportioned income from non-unitary FTEs and pro forma CIT business loss carryforward ............................ 25. 00 26. Add line 24 and line 25. If negative, enter zero ................................................................................................. 26. 00 27. Corporate Income Tax Before Credit. Multiply line 26 by 6% (0.06). If apportioned or allocated gross receipts are less than $350,000, enter zero ...................................................................................................... 27. 00 + 0000 2022 56 01 27 7 Continue on Page 2 |
2022 Form 4946, Page 2 of 2 Taxpayer FEIN PART 3: TOTAL CORPORATE INCOME TAX 28. Small Business Alternative Credit (see instructions) ......................................................................................... 28. 00 29. Tax Liability after the Small Business Alternative Credit. Subtract line 28 from line 27............................. 29. 00 PART 4: CERTIFICATED AND RECAPTURED CREDITS 30. Certificated Nonrefundable Credits from Form 4947, line 11 ............................................................................ 30. 00 31. Subtract line 30 from line 29. If less than zero, enter zero ................................................................................ 31. 00 32. Recapture of Certain Business Tax Credits for CIT from Form 4947, line 28 .................................................... 32. 00 33. Total Tax Liability. Add line 31 and line 32 ......................................................................................................... 33. 00 34. Certificated Refundable Credits from Form 4947, line 39 ................................................................................. 34. 00 35. Subtract line 34 from line 33. If negative, enter as negative.............................................................................. 35. 00 PART 5: MBT CALCULATION TO COMPARE AGAINST CIT 36. Total MBT Liability after Recapture from Form 4567, line 57 ............................................................................ 36. 00 37. Refundable Credits from Form 4574, line 23..................................................................................................... 37. 00 38. MBT Liability after Refundable Credits. Subtract line 37 from line 36. If less than zero, enter as a negative number. A negative number here represents an overpayment .......................................................................... 38. 00 39. If line 35 is greater than line 38, enter the difference. If line 38 is greater than or equal to line 35, enter zero. Carry to Form 4567, line 58. (See examples below.) ........................................................................................ 39. 00 EXAMPLES 1. If both lines 38 and 35 are tax due: Example A: Line 38 = $100; line 35 = $300; enter 200 on line 39 Example B: Line 38 = $300; line 35 = $100; enter 0 on line 39 2. If both lines 38 and 39 are overpayments Example C: Line 38 = ($700); line 35 = ($400); enter 300 on line 39 Example D: Line 38 = ($400); line 35 = ($700); enter 0 on line 39 3. Of lines 38 and 39, if one is tax due and one is an overpayment Example E: Line 38 = ($500); line 35 = $200; enter 700 on line 39 Example F: Line 38 = $200; line 35 = ($500); enter 0 on line 39 + 0000 2022 56 02 27 5 |
Instructions for Form 4946 Schedule of Corporate Income Tax Liability for a Michigan Business Tax Filer income tax, a franchise tax measured by net income, a franchise Purpose tax for the privilege of doing business, a corporate stock tax, To calculate the Corporate Income Tax (CIT) liability for or if the state or foreign country has jurisdiction to subject the standard taxpayers filing a Michigan Business Tax (MBT) taxpayer to 1 or more of the above listed taxes. In that state, the return. taxpayer must be subject to a business privilege tax, a net income A taxpayer calculates the business income and modified gross tax, a franchise tax measured by net income, a franchise tax for receipts tax bases of the MBT and applies all credits, including the privilege of doing business, or a corporation stock tax, or that certificated credits, deductions, and exemptions available under state has jurisdiction to subject the taxpayer to one or more of the MBT. Then, a taxpayer calculates the business income tax such taxes regardless of whether the tax is imposed. base under the CIT, applies all credits and deductions available The CIT is based only on business activity apportioned to under the CIT and the amount of certificated credit allowed Michigan. A taxpayer that has not established nexus with one from the MBT. The amount of certificated credit allowed other state or a foreign country is subject to the CIT on its from the MBT is the amount of nonrefundable credit needed entire business activity. Business activity is apportioned to to offset MBT liability plus the entire amount of a refundable Michigan based on sales. credit. If the result of both steps of the calculation is a negative number, the taxpayer will receive a refund of the lower Sale or Sales means the amounts received by the taxpayer as negative; but a nonrefundable credit cannot be used to reduce consideration from the following: liability below zero. A taxpayer must pay the higher liability or • The transfer of title to, or possession of, property that is stock take the lower refund. in trade or other property of a kind which would properly be included in the inventory of the taxpayer if on hand at Line-by-Line Instructions the close of the tax period, or property held by the taxpayer primarily for sale to customers in the ordinary course of Lines not listed are explained on the form. its trade or business. For intangible property, the amounts Public Law 86-272 Protection: If business activity is received will be limited to any gain received from the protected under Public Law (PL) 86-272, leave lines 4 through disposition of that property. 29 blank. For more information, please see the instructions to • Performance of services which constitute business activities. Part 2 of Form 4567. • The rental, leasing, licensing, or use of tangible or intangible Name and Account Number: Enter the name and Federal property, including interest, that constitutes business Employer Identification Number (FEIN) as they appear on activity. the corresponding copy of the Michigan Business Tax Annual • Any combination of business activities described above. Return (Form 4567). • For taxpayers not engaged in any other business activities, sales include interest, dividends, and other income from investment UBGs: Complete one Form 4946 for the group, with all assets and activities and from trading assets and activities. numbers entered reflecting the total amount for all members in the group. If a flow-through entity (FTE) is unitary with the taxpayer, the taxpayer’s sales factor includes its proportionate share of the Exempt income (loss) from certain flow-through entities sales of the FTE. Proportionate sales between the taxpayer and (FTEs): Public Act 233 of 2013 provides that, in the case of a unitary FTE, and between FTEs unitary with the taxpayer, an FTE that made the election to remain taxable under the are eliminated. See CIT Unitary Relationships with Flow- MBT, each owner of the FTE that does not file as a member Through Entities (Form 4900) for further guidance. of a unitary business group with the FTE shall disregard all items attributable to that member’s ownership interest in the Use the information in the “Sourcing of Sales to Michigan” electing FTE for all purposes of the CIT. If the taxpayer filing section in CIT for Standard Taxpayers booklet (Form 4890) to this form owns an interest in an FTE that files an MBT return determine Michigan sales. for the FTE’s tax year that ends with or within this taxpayer’s Line 1: Enter Michigan sales that are directly attributable tax year, the taxpayer’s distributive share of income (loss) from to the taxpayer plus the proportionate Michigan sales, after such FTE will be exempt from the taxpayer’s CIT portion of eliminations, from unitary FTEs. The amount of Michigan the MBT/CIT comparison calculation. However, do not exclude sales to include from unitary FTEs is computed on CIT Form the exempt income (loss) on lines 4 through 22 of this form. 4900. The corporate income tax base attributable to such FTE will be removed via line 18.. For transportation services that source sales based on revenue miles, enter (or include) a Michigan sales amount on this Part 1: Apportionment Calculation line by multiplying total sales of the transportation service For a Michigan-based taxpayer, all sales are Michigan sales by the ratio of Michigan revenue miles over revenue miles unless the taxpayer is subject to tax in another state or foreign everywhere. Revenue mile means the transportation for a country. A taxpayer is subject to a tax in another state or foreign consideration of one net ton in weight or one passenger the country if the taxpayer is subject to a business privilege tax, a net distance of one mile. 33 |
Certain types of transportation services have special sourcing Line 11: Enter any interest income and dividends from provisions. See the “Sourcing of Sales to Michigan” section of bonds and similar obligations or securities of states other than the CIT for Standard Taxpayers booklet (Form 4890). Michigan and their political subdivisions in the same amount that was excluded from federal taxable income (as defined for NOTE: Only transportation services are sourced using revenue CIT purposes). Reduce this addition by any expenses related to miles. To the extent the taxpayer has business activities or the foregoing income that were disallowed on the federal return revenue streams not from transportation services, those by IRC § 265 and § 291. receipts should be sourced accordingly. Line 12: Enter all taxes on, or measured by, net income UBGs: Enter on this line the entire amount of Michigan sales including city and state taxes, Foreign Income Tax, and Federal of all members in the group after eliminations. For more Environmental Tax claimed as a deduction on the taxpayer’s information see the instructions for CIT Data for Unitary federal return. This includes the tax imposed under the CIT Business Group Members (Form 4897). to the extent claimed as a deduction on the taxpayer’s federal Line 2: Enter total sales that are directly attributable to the return. This also includes, to the extent deducted in arriving taxpayer plus the proportionate total sales, after eliminations, at federal taxable income (as defined for CIT purposes), the from unitary FTEs. The amount of total sales to include from Business Income Tax component of the MBT. This does NOT unitary FTEs is computed on CIT Form 4900. include the Modified Gross Receipts component of the MBT. For transportation services, enter (or include) total sales. Line 13: Enter any net operating loss carryback or carryover that was deducted in arriving at federal taxable income (as UBGs: Enter on this line the entire amount of total sales of all defined for CIT purposes). Enter this amount as a positive members in the group after eliminations. For more information number. see the instructions for CIT Data on Unitary Business Group Members (Form 4897). Line 14: Enter, to the extent deducted in arriving at federal taxable income (as defined for CIT purposes), any royalty, interest, or other expense paid to a person related to the PART 2: BUSINESS INCOME taxpayer by ownership or control for the use of an intangible Line 4: Non-C Corporations enter this line as business income. asset if the person is not included in the taxpayer’s UBG. Business income includes payments and items of income and Royalty, interest, or other expense described here is not expense attributable to the business activity of the Non-C required to be included if the taxpayer can demonstrate that Corporation (Partnership or S Corporation) and separately the transaction has a nontax business purpose other than reported to the members. avoidance of this tax, is conducted with arm’s-length pricing Agricultural activities: Include income from the production of and rates and terms as applied in accordance with IRC § 482 agricultural activities on line 12. Farms are not exempt under and § 1274(d), and satisfies one of the following: the CIT. Furthermore, the tax base attributable to the production • Is a pass through of another transaction between a third party of agricultural goods by a person whose primary activity is the and the related person with comparable rates and terms. production of agricultural goods is similarly not exempt. • Results in double taxation. For this purpose, double Line 6: There are currently no miscellaneous items to be taxation exists if the transaction is subject to tax in another entered on this line. Leave this line blank. jurisdiction. Line 9: For UBGs only: Enter the group’s total eliminations • Is unreasonable as determined by the Treasurer, and the from federal taxable income. taxpayer agrees that the addition would be unreasonable based on the taxpayer’s facts and circumstances. NOTE: Elimination, where required, applies to transactions • The related person (recipient of the transaction) is organized between any members of the UBG. For example, if the UBG under the laws of a foreign nation which has in force a includes standard taxpayers (not owned by and unitary with a comprehensive income tax treaty with the United States. financial institution in the UBG), an insurance company, and two financial institutions, transactions between a standard Line 15: Enter on this line the expenses that resulted from taxpayer member and an insurance or financial member are the production of oil and gas if that production of oil and gas eliminated whenever elimination is required, despite the fact is subject to Michigan severance tax on oil or gas, 1929 PA that the insurance and financial members are not reported on the 48. Also enter expenses related to the income derived from a combined return filed by standard taxpayer members. mineral to the extent that income is included on line 21 and that expense was deducted in arriving at federal taxable income. However, there is no elimination with an otherwise related entity if the related entity is excluded from the UBG. For example, Subtractions from Business Income consider a group with a U.S. parent, a U.S. subsidiary, and a foreign operating entity subsidiary that would otherwise be Subtractions are generally available to the extent included in a UBG, but the foreign operating entity is excluded from the arriving at FTI (as defined for CIT purposes). UBG by definition. The U.S. parent filing a UBG return may Line 18: Complete all other subtractions from business income, not eliminate intercompany transactions between itself and the lines 19 through 21, before completing line 18. Enter on this foreign operating entity. line the sum of all entries in Column C of CIT Non-Unitary Relationships with Flow-Through Entities (Form 4898). If an Additions to Business Income amount is entered on this line, Form 4898 should be used to 34 |
compute the amount required to be entered here. Do not include December 31, 2011. Business loss means a negative Form 4898 with this filing. Retain a copy for your records. business income tax base, after apportionment, if applicable. For this calculation, pro forma CIT business To calculate apportionment properly, line 18 removes from the loss is available if line 26 of the previous year’s Form corporate income tax base the taxpayer’s distributive share of 4946 was negative prior to applying the “If negative, income (loss) attributable to a non-unitary flow-through entity enter zero” instruction found on that line. Convert this (FTE). Income or loss received as a distributive share from a amount to a positive number before subtracting it from non-unitary FTE is subtracted here (prior to apportionment of Item 1. If the result of the calculation described above is the CIT tax base on line 24), and apportioned on Form 4898 negative, enter it as a negative on the form. according to the FTE’s apportionment factor. The resulting amount from Form 4898 is then added back on line 25. The calculation described above is illustrated as follows: Flow-through entity means an entity that for the applicable If apportioned income from non-unitary FTEs is 100, and tax year is treated as a subchapter S corporation under section pro forma CIT business loss carryforward from the prior 1362(a) of the IRC, a general partnership, a trust, a limited period is 250, the entry on line 25 is -150. partnership, a limited liability partnership, or a limited liability company, that for the tax year is not taxed as a C corporation If apportioned loss from non-unitary FTEs is -100, and for federal income tax purposes. pro forma CIT business loss carryforward from the prior period is 60, the entry on line 25 is -160. See the General Information section of the instructions for Form 4898 for an explanation of FTEs with which a taxpayer is For any return with a non-zero amount on this line, attach a not unitary. statement identifying separately the amount attributable to Item 1 and Item 2. Line 19: Enter, to the extent included in federal taxable income (as defined for CIT purposes), any dividends and royalties Line 26: If line 26 is negative, enter zero on this form but received from persons other than United States persons and retain the negative amount for use on line 25 of Form 4946 for foreign operating entities, including, but not limited to, amounts the next tax year. determined under IRC § 78 or IRC § § 951 to 965. NOTE: Any loss carryforward created in this calculation will NOTE: To the extent deducted in arriving at federal taxable evaporate when the taxpayer’s MBT election ends. This is income, any deduction under IRC 250(a)(1)(B) should be added described as a pro forma CIT business loss because it cannot be back on this line (i.e., netted against subtractions made on this claimed on an actual CIT return. line). Line 27: IMPORTANT: If apportioned or allocated gross Line 20: To the extent included in federal taxable income (as receipts, as defined under the MBT, are less than $350,000, enter defined for CIT purposes), deduct interest income derived from a zero on this line. If a business operated less than 12 months, United States obligations. annualize gross receipts to determine if this rule applies. Line 21: Enter on this line income from the production of oil Annualizing and gas if that production of oil and gas is subject to Michigan Multiply each applicable amount, total gross receipts, adjusted severance tax on oil and gas, 1929 PA 48, to the extent that business income, and shareholder, officer, and partner income by income was included in federal taxable income. Also enter, 12 and divide the result by the number of months the business income derived from a mineral to the extent included in federal operated. Generally, a business is considered in business for one taxable income. month if the business operated for more than half the days of the month. If the tax year is less than one month, consider the tax Line 25: The entry on this line is the combination of the year to be one month for the purposes of the calculation. following two items: PART 3: TOTAL CORPORATE INCOME TAX Item 1: The apportioned amount of corporate income tax base attributable to the taxpayer’s distributive share Line 28: Calculate this line by using the Small Business Alternative Credit Calculation for the Corporate Income Tax of income (loss) from a non-unitary flow-through entity worksheet later in these instructions. (FTE). The amount for this Item 1 can be found by summing all the entries from Column E of CIT Form Retain the worksheet with your tax records. Do not include the 4898. If an amount is entered on this line, Form 4898 worksheet as part of this return. should be used to compute the amount required to be entered here. Do not include Form 4898 with this filing. Include completed Form 4946 as part of the tax return filing. Retain a copy for your records. NOTE: In this calculation, do not include distributive share items attributable to an FTE that is not unitary with the taxpayer and has a valid election in place to file MBT for its tax year that ends with or within the taxpayer’s tax year, in accordance with PA 233 of 2013. Item 2: Subtract from Item 1 any available pro forma CIT business loss incurred as an MBT taxpayer after 35 |
Small Business Alternative Credit Calculation for the Corporate Income Tax Worksheet for the 2022 Michigan Business Tax The Small Business Alternative Credit is NOT available if any The Small Business Alternative Credit must be reduced of the following conditions exist: if any of the following conditions exist: • Gross receipts exceed $20,000,000; or • Any shareholder or officer has allocated income after • Adjusted business income after loss adjustment exceeds loss adjustment of over $160,000 but not over $180,000, $1,521,000; or as determined on Form 4894. • Any shareholder or officer has allocated income after loss • Gross receipts exceed $19,000,000 but are less than adjustment of over $180,000, as determined on the MBT $20,000,000. Schedule of Shareholders and Officers (Form 4894). • Compensation and director fees of a shareholder or officer exceed $180,000. NOTE: A taxpayer claiming the CIT Small Business Alternative Credit on Line 28 should complete CIT Form 4894 before completing this worksheet, and retain a copy for its records. Do not include a copy of Form 4894 as part of this return. 1. Gross Receipts (see instructions).......................................................................................................................... 1. . 00 2. Tax liability prior to this credit from Form 4946, line 27 ......................................................................................... 2. . 00 Adjusted Business Income 3. Business Income from Form 4946, line 10 ............................................................................................................ 3. . 00 4. Carryback or carryover capital loss. Enter as a positive number (see instructions) .............................................. 4. . 00 5. Carryback or carryover of a federal net operating loss from Form 4946, line 13. Enter as a positive number ..... 5. . 00 6. Subtotal. Add lines 3, 4 and 5 ............................................................................................................................... 6. . 00 7. Compensation and director fees of active shareholders from Form 4894, line 1 ................................................. 7. . 00 8. Compensation and director fees of officers from Form 4894, line 2 ..................................................................... 8. . 00 9. Adjusted Business Income. Add lines 6, 7 and 8................................................................................................... 9. . 00 Small Business Alternative Credit Calculation 10. Small Business Alternative Tax. Multiply line 9 by 1.8% (0.018). If less than zero, enter zero ............................ 10. . 00 11. Small Business Alternative Credit. Subtract line 10 from line 2. If less than zero, enter zero ....................... 11. . 00 12. Allocated income used for reduction (see instructions) ......................................... 12. .00 13. Reduction percentage from Reduced Credit Table at bottom of this page (based on amount from line 12) ....... 13. % 14. Reduced Credit. Multiply the percentage on line 13 by the credit on line 11. If gross receipts from line 1 are less than or equal to $19,000,000, carry amount to Form 4946, line 28 (see instructions) ................................... 14. . 00 Reduction Based on Gross Receipts Complete this section if gross receipts are more than $19,000,000 but not more than $20,000,000. 15. Excess gross receipts. Subtract $19,000,000 from line 1 .................................................................................... 15. . 00 16. Excess percentage. Divide line 15 by $1,000,000................................................................................................. 16. % 17. Allowable percentage. Subtract line 16 from 100% ............................................................................................... 17. % 18. Small Business Alternative Credit. Multiply the percentage on line 17 by the credit on line 14. Carry amount to Form 4946, line 28 ...................................................................................................................... 18. . 00 REDUCED CREDIT TABLE If allocated* income is: The reduced credit is: $0 - $160,000 ........................ 100% of the Small Business Alternative Credit $160,001 - $164,999 ........... 80% of the Small Business Alternative Credit $165,000 - $169,999 ........... 60% of the Small Business Alternative Credit $170,000 - $174,999 ........... 40% of the Small Business Alternative Credit $175,000 - $180,000 ........... 20% of the Small Business Alternative Credit * See instructions for tax years less than 12 months. 36 |
Instructions for the Small Business Alternative Credit Calculation for the Corporate Income Tax Worksheet Purpose Tax Years Less Than 12 Months If the reported tax year is less than 12 months, gross This worksheet is used to allow a taxpayer to calculate the CIT receipts, adjusted business income, and shareholders’ or Small Business Alternative Credit for standard taxpayers filing officers’ compensation and share of business income must be a Michigan Business Tax (MBT) return. annualized to determine eligibility and reduction percentage. If Due to differences between the MBT Small Business annualized gross receipts exceed $19,000,000 but do not exceed Alternative Credit and the CIT Small Business Alternative $20,000,000, annualize figures to compute the Reduction Credit, a taxpayer must use this worksheet and may not use Based on Gross Receipts, lines 15 through 18. MBT Common Credits for Small Businesses (Form 4571) when NOTE: If a shareholder owned stock for less than the entire tax calculating its CIT Small Business Alternative Credit. year of the corporation, or an officer served as an officer less A taxpayer is disqualified from taking the Small Business than the entire tax year, shareholder compensation amounts must Alternative Credit under certain circumstances, which are be annualized when determining disqualifiers. detailed below. Financial institutions and insurance companies Annualizing are not eligible for this credit Multiply each applicable amount, total gross receipts, adjusted Do not attach this worksheet or any supporting forms to the business income, and shareholder and officer income by 12 and MBT filing. A taxpayer must retain this worksheet and any divide the result by the number of months in the tax year. If the supporting forms in its records. tax year is less than one month, consider the tax year to be one month for the purposes of this calculation. Eligibility for the Small Business Alternative Loss Adjustment Credit If taxpayers are not eligible for the full Small Business Taxpayers are not eligible for the Small Business Alternative Alternative Credit due to an adjusted business income or Credit if any of the following conditions exist: allocated income disqualifier, they may benefit from the CIT Loss Adjustment for the Small Business Alternative Credit (Form • Gross receipts exceed $20,000,000. 4895). If the adjusted business income was less than zero in • Adjusted business income after loss adjustment exceeds any of the five years immediately preceding this filing period $1,521,000 for Corporations (and LLCs federally taxed as and Small Business Alternative Credit was received for that such). same year, the taxpayer may be able to reduce the current year’s • Any shareholder or officer has allocated income after adjusted business income or allocated income amounts by the loss adjustment of over $180,000, as determined on the loss. See Form 4895 for more details. Do not attach a copy of CIT Schedule of Shareholders and Officers (Form 4894). Form 4895 to the MBT filing. If a loss adjustment is used, the (Retain a pro forma copy of Form 4894 for your records, if taxpayer must retain a completed Form 4895 in its records. Do necessary.) not attach Form 4895 to this return. UBGs: See “Special Instructions for UBGs” for Form 4895. In addition, the Small Business Alternative Credit is reduced if a shareholder or an officer has allocated income after loss A loss adjustment will not prevent a reduction or elimination of adjustment of more than $160,000 but less than $180,000. This the Small Business Alternative Credit based on gross receipts reduction is based on the officer/shareholder with the largest that exceed $19,000,000. It will also not change the amount of allocated income. compensation on Form 4894, column L. The Small Business Alternative Credit also is reduced if gross NOTE: If using a loss adjustment, Form 4895 must be used receipts exceed $19,000,000 but are not more than $20,000,000. when using this worksheet to calculate the CIT Small Business Alternative Credit. This form must be used in place of Form Allocated income is the greater of either: 4571 due to the differences between the MBT Small Business (a) Shareholders’ or officers’ compensation and director fees Alternative Credit and the CIT Small Business Alternative from Form 4894, column L, or Credit. (b) Shareholders’ compensation, director fees, and share of Special Instructions for UBGs business income (or loss) after loss adjustment, from Form UBGs calculate the gross receipts and adjusted business 4894, column N. income disqualifiers at the UBG level AFTER eliminating If either (a) or (b) is greater than $180,000, the Corporation intercompany transactions. Note that this differs from the is not eligible for the Small Business Alternative Credit. In comparable calculation in MBT. For a UBG to claim a Small addition, if either (a) or (b) is more than $160,000 but not more Business Alternative Credit, each member of the UBG that is than $180,000, the Corporation must reduce the Small Business a corporation (including an entity taxed federally as such) must Alternative Credit based on the officer or shareholder with the complete Form 4894, column L. Retain a completed Form 4895 largest allocated income. in your records; do not attach Form 4895 to this return. 37 |
The disqualifier that is based on compensation and/or share of if a shareholder or an officer has allocated income after loss business income attributable to an owner or officer is applied adjustment of more than $160,000 but not more than $180,000. on a combined basis. All items paid or allocable to a single This reduction is based on the officer/shareholder with the individual will be combined when calculating the disqualifier, largest allocated income. Enter the allocated income of the regardless of the number of entities from which the amounts shareholder or officer with the highest allocated income after may be derived. loss adjustment, even if that figure is $160,000 or less. NOTE: This is a change from the comparable calculation in If loss adjustment is successfully applied to fully or partially MBT. For more information on UBGs, see the “Supplemental cure a shareholder’s allocated income disqualifier, enter on line Instructions for UBGs” in Form 4890. 12 the number from Form 4895, line 12 In addition, a disqualifier applies to a UBG if such disqualifier Line 13: For a taxpayer whose shareholders or officers all have applies to any member of that UBG. For example, a UBG allocated income (after loss adjustment) of $160,000 or less, is disqualified from taking the SBAC if that UBG includes a enter 100 percent. member for which the allocated income after loss adjustment All other taxpayers, see the table at the bottom of this of a shareholder is $180,000. The reduction percentages for worksheet to determine what percent to enter on this line. the credit also apply to the entire group if they apply to one member. Line 14: All taxpayers must complete this line. If gross receipts from line 1 are $19,000,000 or less, carry the Line-by-Line Instructions amount on line 14 to Form 4946, line 28. Lines not listed are explained on the form. Reduction Based on Gross Receipts Name and Account Number: Enter name and account number as reported on page 1 of the MBT Annual Return (Form 4567). Complete this section if gross receipts are more than $19,000,000 but not more than $20,000,000. UBGs: Complete one form for the group. Enter the Designated Member (DM) name in the Taxpayer Name field and the DM Line 17: For a result less than zero, enter zero. account number in the Federal Employer Identification Number Do not include this worksheet as part of the tax return (FEIN). filing. Line 1: Enter amount from Form 4567, line 12. For periods less than 12 months, enter annualized gross receipts. For guidance, see the “Annualizing” section at the beginning of these instructions. UBGs: All UBG filers will use the amount from Form 4567, line 12, after eliminating gross receipts included in that amount that arise from intercompany transactions. For periods less than 12 months, line 10 reflects the annualized amount for the purpose of completing Form 4893. Adjusted Business Income Line 3: Enter business income from Form 4946, line 10. NOTE: The adjusted business income (ABI) disqualifier is based on annualized ABI, but the credit calculations performed here are based on actual ABI. UBGs: Enter business income for all members from Form 4946, line 10. Line 4: Enter, to the extent deducted in determining federal taxable income, a carryback or carryover of a capital loss from Schedule D of federal Form 1120. Enter as a positive number. UBGs: Combine for all members all carryback or carryover of a capital loss, to the extent deducted in determining federal taxable income, and enter on line 4. Enter as a positive number. Line 9: If loss adjustment is successfully applied to cure an ABI disqualifier, ignore the apparent disqualification on line 9 of the worksheet and proceed with calculating the SBAC on the remainder of the worksheet. Small Business Alternative Credit Calculation Line 12: The Small Business Alternative Credit is reduced 38 |
Michigan Department of Treasury Attachment 29 4947 (Rev. 04-22) 2022 MICHIGAN Schedule of Certificated Credits Issued under authority of Public Act 38 of 2011. Taxpayer Name (print or type) Federal Employer Identification Number (FEIN) PART 1: CERTIFICATED NONREFUNDABLE CREDITS 1. This credit has expired. Leave this line blank and skip to line 2 ........................................................................ 1. X X X X X X X X X 00 2. Eligible Renaissance Zone Credit (see instructions) ......................................................................................... 2. 00 3. Historic Preservation Credit Net of Recapture from Form 4568, line 22 ........................................................... 3. 00 4. MEGA Federal Contracts Credit from Form 4568, line 28 ................................................................................. 4. 00 5. Brownfield Redevelopment Credit from Form 4568, line 32 .............................................................................. 5. 00 6. Film Infrastructure Credit from Form 4568, line 35 ............................................................................................ 6. 00 7. MEGA Plug-In Traction Battery Manufacturing Credit from Form 4568, line 36 ................................................ 7. 00 8. Anchor Company Payroll Credit from Form 4568, line 37 ................................................................................. 8. 00 9. Anchor Company Taxable Value Credit from Form 4568, line 38 ...................................................................... 9. 00 10. MEGA Poly-Silicon Energy Cost Credit and Miscellaneous MEGA Battery Credits from Form 4568, line 39 ... 10. 00 11. Certificated Nonrefundable Credits for CIT. Add lines 2 through 10 and carry to Form 4946, line 30, or Form 4975, line 8 ......................................................................................................................................... 11. 00 PART 2: RECAPTURE OF CERTAIN BUSINESS TAX CREDITS — Amount may not be less than zero. See instructions. 12. Recapture of MBT Investment Tax Credit (see instructions) ............................................................................. 12. 00 13. Recapture of Single Business Tax (SBT) Investment Tax Credit from Form 4585, line 7 ................................. 13. 00 14. This recapture has expired. Leave this line blank and skip to line 15 ............................................................... 14. X X X X X X X X X 00 15. Recapture of MBT MEGA Employment Tax Credit from Form 4587, line 2a ..................................................... 15. 00 16. This recapture has expired. Leave this line blank and skip to line 19 ............................................................... 16. X X X X X X X X X 00 17. This recapture has expired. Leave this line blank and skip to line 19 ............................................................... 17. X X X X X X X X X 00 18. This recapture has expired. Leave this line blank and skip to line 19 ............................................................... 18. X X X X X X X X X 00 19. Recapture of MEGA Federal Contract Credit from Form 4587, line 4 ............................................................... 19. 00 20. Recapture of MEGA Photovoltaic Technology Credit from Form 4587, line 5 ................................................... 20. 00 21. This recapture has expired. Leave this line blank and skip to line 22 ............................................................... 21. X X X X X X X X X 00 22. Recapture of MBT Brownfield Redevelopment Credit from Form 4587, line 7 .................................................. 22. 00 23. Recapture of Film Infrastructure Credit from Form 4587, line 8f ....................................................................... 23. 00 24. Recapture of Anchor Company Payroll Credit from Form 4587, line 9.............................................................. 24. 00 25. Recapture of Anchor Company Taxable Value Credit from Form 4587, line 10 ................................................ 25. 00 26. Recapture of Miscellaneous MEGA Battery Credits from Form 4587, line 12a ................................................. 26. 00 27. Recapture of Start-Up Business Credit from Form 4573, line 8 ........................................................................ 27. 00 28. Total Recapture of Certain Business Tax Credits for CIT. Add lines 12, 13, 15, 19, 20 and 22 through 27, and carry to Form 4946, line 32, or Form 4975, line 10 .................................................................................... 28. 00 PART 3: CERTIFICATED REFUNDABLE CREDITS — Amount may not be less than zero. See instructions. 29. MEGA Employment Tax Credit from Form 4574, line 12 ................................................................................... 29. 00 30. This credit is no longer available. Leave this line blank and skip to line 31 ...................................................... 30. X X X X X X X X X 00 31. Farmland Preservation Credit from Form 4574, line 15 .................................................................................... 31. 00 32. MEGA Federal Contract Credit from Form 4574, line 16................................................................................... 32. 00 33. MEGA Photovoltaic Technology Credit from Form 4574, line 17 ....................................................................... 33. 00 34. Film Production Credit from Form 4574, line 18 ................................................................................................ 34. 00 35. This credit is no longer available. Leave this line blank and skip to line 36 ...................................................... 35. X X X X X X X X X 00 36. Anchor Company Payroll Credit from Form 4574, line 20 ................................................................................. 36. 00 37. Anchor Company Taxable Value Credit from Form 4574, line 21 ...................................................................... 37. 00 38. MEGA Poly-Silicon Energy Cost Credit and Miscellaneous MEGA Battery Credits from Form 4574, line 22 ... 38. 00 39. Certificated Refundable Credits. Add lines 29, 31 through 34, and 36 through 38, and carry to Form 4946, line 34, or Form 4975, line 12 ............................................................................................................................ 39. 00 + 0000 2022 58 01 27 3 |
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Instructions for Form 4947 Schedule of Certificated Credits determine which Renaissance Zone credits are certificated. A Purpose certificated Renaissance Zone credit will be identified by the To allow qualified taxpayers that elect to file Michigan checkbox on line 2 of Form 4595. Only a credit of that type Business Tax (MBT) for tax years ending after 2011 to identify may be reported on this line. Enter credit amount from Form their certificated credits and recapture of certain tax credits. 4595, line 25b, for which certificated status is properly claimed These amounts will be used in calculating the pro forma on Form 4595, line 2. Corporate Income Tax (CIT) liability on the Schedule of CIT Liability for a MBT Filer (Form 4946), which is a required If a taxpayer has activity in more than one certificated element in calculating MBT liability for tax years ending after Renaissance Zone, a separate Form 4595 will be filed for each 2011. Zone. In that case, report here the combined total of credits claimed on all Forms 4595, line 25b, for which certificated NOTE: Only a limited number of credits and recaptures status is properly claimed on Form 4595, line 2. listed on this form apply to financial institutions or insurance companies. Credits and recaptures applicable to financial DO NOT use the Renaissance Zone credit amount from Form institutions are identified in the instructions of the forms from 4573 or Form 4596 to complete this form. which figures on this form originate. A credit or recapture Line 3: An Historic Preservation Credit may be classified should not be reported on Form 4947 if it is not reported on one as refundable or nonrefundable, depending upon an election of the following forms: made by the taxpayer. Use this line only to report an • Nonrefundable Credits Summary (Form 4568) Historic Preservation Credit that is properly classified as nonrefundable. If a refundable historic preservation credit • Credits for Compensation, Investment, and Research and was claimed as an accelerated credit on the Request for Development (Form 4570) Accelerated Payment for the Brownfield Redevelopment • Miscellaneous Nonrefundable Credits (Form 4573) Credit and the Historic Preservation Credit (Form 4889), • Refundable Credits (Form 4574) that credit amount is not reported on this form. Standard • Investment Tax Credit Recapture From Sale of Assets taxpayers and financial institutions use the Historic Acquired Under Single Business Tax (Form 4585) Preservation Credit Net of Recapture amount as reported on Form 4568, line 22. • Schedule of Recapture of Certain Business Tax Credits (Form 4587) Line 4: A MEGA Federal Contracts Credit may be classified as • Renaissance Zone Credit Schedule (Form 4595). refundable or nonrefundable, depending upon an election made by the taxpayer. Use this line only to report a MEGA Federal NOTE for Insurance Companies: Insurance Contracts Credit that is properly classified as nonrefundable, Companies calculate certificated credits separately on the and reported on Form 4568. Miscellaneous Credits for Insurance Companies (Form 4596) and the Schedule of Corporate Income Tax Liability Line 5: A Brownfield Redevelopment Credit may be for a Michigan Business Tax Insurance Filer (Form 4974). classified as refundable or nonrefundable, depending upon an election made by the taxpayer. Use this line only to report a Line-by-Line Instructions Brownfield Redevelopment Credit that is properly classified as Lines not listed are explained on the form. nonrefundable. If a refundable Brownfield credit was claimed as an accelerated credit on Form 4889, that credit amount is Name and Account Number: Enter name and account not reported on this form. Standard taxpayers and financial number as reported on page 1 of the applicable MBT annual institutions use the Brownfield Redevelopment Credit amount return (either MBT Annual Return (Form 4567) for standard as reported on Form 4568, line 32 taxpayers, MBT Annual Return for Financial Institutions (Form 4590), or Insurance Company Annual Return for Michigan Line 6: Standard taxpayers and financial institutions use the Business and Retaliatory Taxes (Form 4588). amount from Form 4568, line 35. UBGs: Complete one form for the group. Enter designated Line 7: For tax years ending after December 31, 2014, the member’s name and account number. To the extent that credits MEGA Plug-In Traction Battery Manufacturing Credit are calculated on a pro-forma, member level basis on the 4568, is no longer available. However, unused credit carryforward 4595, or 4574, enter the total credit amount for the group on this from the immediately preceding tax year may still be claimed, form. if available. PART 1: Certificated Nonrefundable Credits Line 8: An Anchor Company Payroll Credit may be classified as refundable or nonrefundable, depending upon an election If not taking any credits in Part 1, skip to Part 2. made by the taxpayer. Use this line only to report an Anchor Line 2: Not all Renaissance Zone credits are certificated Company Payroll Credit that is properly classified as credits to be reported on this form. See special instructions on nonrefundable, and reported on Form 4568. the MBT Renaissance Zone Credit Schedule (Form 4595) to Line 9: An Anchor Company Taxable Value Credit may be 41 |
classified as refundable or nonrefundable, depending upon Miscellaneous MEGA Battery Credits may be classified as an election made by the taxpayer. Use this line only to report refundable or nonrefundable, depending upon an election an Anchor Company Taxable Value Credit that is properly made by the taxpayer in the year the credit arises. Use this classified as nonrefundable, and reported on Form 4568. line to report a MEGA Poly-Silicon Energy Cost Credit and/ or any Miscellaneous MEGA Battery Credits that are properly Line 10: A MEGA Poly-Silicon Energy Cost Credit may be classified as refundable and reported on Form 4574, line 22. classified as refundable or nonrefundable, depending upon an election made by the taxpayer. Use this line only to report a MEGA Poly-Silicon Energy Cost Credit that is properly classified as nonrefundable, and reported on Form 4568. PART 2: Recapture of Certain Business Tax Credits If not reporting any recaptures in Part 2, skip to Part 3. Line 12: See the section “Calculation of MBT ITC Credit Recapture Amount” later in these instructions. Line 13: UBGs: In a UBG, a separate copy of Form 4585 is filed for each member that has activity reportable on that form. If the return includes multiple copies of Form 4585, report here the combined total of recapture reported on all Forms 4585, line 7. PART 3: Certificated Refundable Credits Line 29: Standard taxpayers and financial institutions use the MEGA Employment Tax Credit amount as reported on Form 4574, line 12. Line 30: This credit cannot be claimed for a tax period ending in 2016 or later. Line 32: A MEGA Federal Contracts Credit may be classified as refundable or nonrefundable, depending upon an election made by the taxpayer. Use this line only to report a MEGA Federal Contracts Credit that is properly classified as refundable, and reported on Form 4574, line 16. Line 33: Standard taxpayers and financial institutions use the MEGA Photovoltaic Technology Credit amount as reported on Form 4574, line 17. Line 34: Standard taxpayers and financial institutions use the Film Production Credit amount as reported on Form 4574, line 18. Line 35: The MEGA Plug-In Traction Battery Manufacturing Credit is no longer available as a newly arising credit. Line 7 of this form will continue to be used to claim an unused credit carryforward from the immediately preceding tax year. Line 36: An Anchor Company Payroll Credit may be classified as refundable or nonrefundable, depending upon an election made by the taxpayer. Use this line only to report an Anchor Company Payroll Credit that is properly classified as refundable, and reported on Form 4574, line 20. Line 37: An Anchor Company Taxable Value Credit may be classified as refundable or nonrefundable, depending upon an election made by the taxpayer. Use this line only to report an Anchor Company Taxable Value Credit that is properly classified as refundable, and reported on Form 4574, line 21. Line 38: A MEGA Poly-Silicon Energy Cost Credit and the 42 |
Calculation of MBT ITC Credit Recapture Amount Calculation of MBT ITC Credit Recapture Bases gain reflected in federal taxable income (as defined for MBT For each category of asset disposed (or moved out of purposes) is equal to the gain reported for federal purposes. Michigan) that triggers an MBT ITC credit recapture, enter the UBGs: The recapture of capital investments for UBGs is information requested below. calculated on combined assets of standard members of the In each category of disposed/moved asset, group assets by UBG. Assets transferred between members of the group are taxable year in which they were acquired. All events that have not a capital investment in qualifying assets for purposes varying dates must be listed separately. Multiple dispositions of calculating this credit or its recapture. Disposing of or (or transfers) may be combined as one entry, subject to the transferring an asset outside of the UBG triggers recapture. following: all combined events must satisfy the terms of Also, moving an asset outside of Michigan creates recapture, the table in which they are entered. “Taxable Year in which even if the transfer is to a member of the UBG. disposed assets were acquired” must be the same for all events Worksheet 1a — Depreciable Tangible Assets combined on a single line. Enter all dispositions of depreciable tangible assets located UBGs: If capital asset subject to recapture is from a member in Michigan that were acquired or moved into Michigan after that was not part of the group in the tax year the asset was acquisition in a tax year beginning after 2007 and were sold acquired, make a separate line entry for the tax year the or otherwise disposed of during the current filing period. member filed outside of the group. Take care to report on Give all information required for each disposition in columns this line information requested in each column only from the A through F. In column A, enter the taxable year in which the member’s single filings, not the group’s. disposed assets were acquired. Enter combined gross sales price (net of costs of sale) in column B, and in column C, enter NOTE: A sale of qualifying property reported on the total gain or loss included in calculating federal taxable income installment method for federal income tax purposes causes (as defined for MBT purposes). a recapture based upon the entire sale price in the year of the sale. The recapture is reduced by any gain reported in federal NOTE: Sales price includes any benefit derived from the sale. taxable income (as defined for MBT purposes) in the year of the sale. The gain attributable to the installment sale that is reported Worksheet 1b — Depreciable Mobile Tangible Assets in subsequent years increases the credit base (or reduces other Enter all dispositions of depreciable mobile tangible assets that sources of recapture) for those years, and must be reported on were acquired after 2007 and were sold or otherwise disposed column C of the appropriate Worksheet based on the type of of during the current filing period. Give all information required asset. For property placed in service prior to January 1, 2008, for each disposition in columns A through F. In column A, enter Worksheet 1a — Depreciable Tangible Assets A B C D E F Taxable Year (End Date) CIT Apportionment Apportioned MBT ITC Recapture In Which Disposed Combined Sales Price Percentage from Form Gain/Loss (Base 1) Assets Were Acquired of Disposed Assets by Net Gain/Loss From 4891, line 9g, or Form Multiply Column C Subtract Column E (MM-DD-YYYY) Year of Acquisition Sale of Assets 4908, line 9c by Column D From Column B Worksheet 1b — Depreciable Mobile Tangible Assets A B C D E F Taxable Year (End Date) CIT Apportionment MBT ITC Recapture In Which Disposed Combined Sales Price of Adjusted Proceeds Percentage from Form (Base 2) Assets Were Acquired Disposed Assets by Net Gain/Loss From Subtract Column C 4891, line 9g, or Form Multiply Column D (MM-DD-YYYY) Year of Acquisition Sale of Assets From Column B 4908, line 9c by Column E Worksheet 1c — Assets Transferred Outside Michigan A B Taxable Year (End Date) MBT ITC Recapture In Which Disposed Combined Adjusted Federal Basis of Assets Were Acquired Disposed Assets by Year of Acquisition (MM-DD-YYYY) (Base 3) 43 |
the taxable year in which the disposed assets were acquired. NOTE: Sales price includes any benefit derived from the sale. Enter gross sales price (net of costs of sale) in column B, and in column C, enter total gain or loss included in calculating federal Worksheet 1c — Assets Transferred Outside Michigan taxable income (as defined for MBT purposes). Enter all depreciable tangible assets other than mobile tangible assets acquired after 2007 that were eligible for ITC and were For property placed in service prior to January 1, 2008, gain transferred outside Michigan during the filing period. Give reflected in federal taxable income (as defined for MBT all information required for each disposition in column A and purposes) is equal to the gain reported for federal purposes. column B. In column A, enter the taxable year in which the For property placed in service after December 31, 2007, gain disposed assets were acquired, and in column B, enter adjusted reflected in federal taxable income (as defined for MBT basis as used for federal purposes. Do not use a recomputed purposes) is the gain reported federally except that it shall be MBT basis for this purpose. calculated as if IRC § 168(k) were not in effect. Calculation of MBT ITC Recapture Rates Multiply column J by column K. This represents the total and Amounts amount of ITC credit recapture available to be reported in the Complete Worksheet 2 (on the following page), entering each tax year. taxable year (End Date) in which the disposed assets that • Column M: MBT ITC credit recapture amount offset by triggered MBT ITC credit recapture were acquired. credit. Enter the lesser of columns H and L. This is the amount of available ITC credit recapture that was offset by NOTE: Lines references on columns below are based on the total amount of available ITC credit in the year. 2010 MBT form 4570. Lines for 2008 and 2009 MBT forms are different, so if copying information from a 2008 or 2009 • Column O: SBT credit recapture amount. Enter total amount MBT form, choose the appropriate lines. from Form 4570, line 19 for each taxable year listed on column N. Worksheet 2 • Column P: SBT ITC credit recapture amount offset by • Column A: Enter in chronological order, beginning with credit. Enter lesser of the amount on column O, and the the earliest, the tax year end date of each acquisition year amount of column H minus column M. This is the amount of disposed assets that triggered MBT ITC recapture from of SBT ITC credit recapture that was offset by the total Worksheet 1a through 1c. amount of available ITC credit in the taxable year. UBGs: If capital asset subject to recapture is from a member • Column Q: Total MBT ITC used. Add columns D, M, and that was not part of the group in the tax year the asset was P. The total amount of MBT ITC used equals to the amount acquired, make a separate line entry for the tax year the of credit that offsets MBT ITC credit recapture, SBT ITC member filed outside of the group. Take care to report in this credit recapture, and the MBT liability. line information requested in each column only from the • Column R: Extent used rate. Divide amounts on column Q member’s single filings, not the group’s. by amounts on column H. • Column B: Enter allowable MI compensation and • Column T: MBT recapture base. Enter total amount of ITC credits amount from Form 4570, line 26 with the recapture capital investment from Worksheet 1a, column F; corresponding acquisition year in column A. Worksheet 1b, column F and Worksheet 1c, column B. • Column C: Enter the MI compensation credit amount from • Column U: MBT recapture amount. Multiply amount in Form 4570, line 3 with the corresponding acquisition year in column T by rates in column G, and in column R. column A. Add up figures in each row of column U, and carry that amount • Column D: Calculate net ITC credit amount: subtract to Form 4947, line 12. column C from column B for each taxable year. If difference is less than zero (is negative), enter zero. This is the amount of ITC credit that offsets MBT liability. • Column F: MBT capital investment amount. Enter total amount of capital investment reported on Form 4570, line 8 for each taxable year listed on column E. • Column G: ITC rate. Enter 2.32% for taxable years on column E that end with 2008, otherwise enter 2.9%. • Column H: Calculate gross IC credit amount: multiply column F by column G for each taxable year. • Column J: MBT recapture of capital investment. Enter total amount of recapture of capital investment reported on form 4570, line 16, for each taxable year listed on column I. • Column L: Gross MBT ITC credit recapture amount. 44 |
Worksheet 2 — Calculation of MBT ITC Recapture Rates and Amounts NOTE: Lines references on columns below are based on 2010 MBT form 4570. Lines for 2008 and 2009 MBT forms are different, so if copying information from a 2008 or 2009 MBT form, choose the appropriate lines. A B C D Allowable Michigan ITC that offsets MBT liability Taxable Year (End Date) in compensation and ITC credit Michigan Compensation Subtract column C which MBT ITC Disposed amount from Form 4570, Credit Amount from from column B Assets were acquired line 26 Form 4570, line 3 (Enter 0 if less than 0) E F G H MBT Capital Investment ITC rate Gross ITC Credit Amount Taxable Year Amount from Form 4570, (2.32% for tax years ending Multiply column F (repeat from column A) line 8 in 2008, or 2.9% otherwise) by column G I J K L M MBT Recapture of Capital ITC rate Gross MBT ITC Recapture MBT ITC Recapture Amount Taxable Year Investment Amount from (2.32% for tax years ending Multiply column J Offset by Credit Lesser (repeat from column A) Form 4570, line 16 in 2008, or 2.9% otherwise) by column K of column L and H N O P Q R SBT ITC Recapture Amount SBT ITC Credit Recapture Offset by Credit Lesser Taxable Year Amount from Form 4570, of column O, Total MBT ITC Credit Used Extent Credit Used Rate (repeat from column A) line 19 and column (H – M) Add columns D, M, and P Divide column Q by column H S T U Recapture base. Enter total amount of recapture from Worksheet 1a, column F; Worksheet 1 b, Recapture Amount. Taxable Year column F; and Worksheet 1c, Multiply column T by (repeat from column A) column B. column G and by column R 45 |
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Michigan Department of Treasury Attachment 02 4568 (Rev. 04-22), Page 1 of 2 2022 MICHIGAN Business Tax Nonrefundable Credits Summary Issued under authority of Public Act 36 of 2007. Taxpayer Name Federal Employer Identification Number (FEIN) or TR Number 1. Tax before all credits from Form 4567, line 53, or Form 4590, line 26 ....................................................... 1. 00 2. There is no amount to be entered on this line. Skip to line 3...................................................................... 2. X X X X X X X X X X X 00 3. Tax After SBT credit carryforwards. Enter amount from line 1. If less than zero, enter zero .................................................................. 3. 00 4. a. Compensation and Investment Tax Credits from Form 4570, line 26 .................................................... 4a. 00 b. If Form 4570, line 20, is negative, enter here as a negative number. Otherwise, leave blank .............. 4b. 00 5. Research and Development Credit from Form 4570, line 33 ..................................................................... 5. 00 6. Tax After Research and Development Credit. Subtract lines 4a, 4b and 5 from line 3 (see instructions) ....................................................... 6. 00 7. Small Business Alternative Credit from Form 4571, line 13 or 19, whichever applies................................ 7. 00 8. Gross Receipts Filing Threshold Credit from Form 4571, line 27 ............................................................... 8. 00 9. Tax After Gross Receipts Filing Threshold Credit. Subtract lines 7 and 8 from line 6 (see instructions) .............................................................. 9. 00 10. Community and Education Foundations Credit from Form 4572, line 5 ..................................................... 10. 00 11. Homeless Shelter/Food Bank Credit from Form 4572, line 9 ..................................................................... 11. 00 12. Tax After Homeless Shelter/Food Bank Credit. Subtract lines 10 and 11 from line 9. If less than zero, enter zero ........................................... 12. 00 13. This credit is no longer available. Leave this line blank and skip to line 15 ............................................... 13. X X X X X X X X X X X 00 14. This credit is no longer available. Leave this line blank and skip to line 15 ............................................... 14. X X X X X X X X X X X 00 15. Start-up Business Credit from Form 4573, line 9. If less than zero, enter as a negative number ............. 15. 00 16. Tax After Start-up Business Credit. Subtract lines 13 and 15 from line 12. If less than zero, enter zero ............................................................. 16. 00 17. Public Contribution Credit from Form 4572, line 14.................................................................................... 17. 00 18. Arts and Culture Credit from Form 4572, line 19 ........................................................................................ 18. 00 19. Tax After Arts and Culture Credit. Subtract lines 17 and 18 from line 16 (see instructions) .............................................................................. 19. 00 20. Next Energy Business Activity Credit from Form 4573, line 12 .................................................................. 20. 00 21. Renaissance Zone Credit from Form 4573, line 14 .................................................................................... 21. 00 22. Historic Preservation Credit Net of Recapture from Form 4573, line 17b .................................................. 22. 00 23. Low-Grade Hematite Credit from Form 4573, line 22................................................................................. 23. 00 24. New Motor Vehicle Dealer Inventory Credit from Form 4573, line 27 ........................................................ 24. 00 + 0000 2022 15 01 27 3 Continue on Page 2 |
2022 Form 4568, Page 2 of 2 FEIN or TR Number 25. Large Food Retailer Credit from Form 4573, line 31 .................................................................................. 25. 00 26. Mid-size Food Retailer Credit from Form 4573, line 35 .............................................................................. 26. 00 27. Bottle Deposit Administration Credit from Form 4573, line 39 .................................................................... 27. 00 28. MEGA Federal Contract Credit from Form 4573, line 41............................................................................ 28. 00 29. Individual or Family Development Account Credit from Form 4573, line 47 ............................................... 29. 00 30. Bonus Depreciation Credit from Form 4573, line 51 .................................................................................. 30. 00 31. International Auto Show Credit from Form 4573, line 54 ............................................................................ 31. 00 32. Brownfield Redevelopment Credit from Form 4573, line 56 ....................................................................... 32. 00 33. Private Equity Fund Credit from Form 4573, line 61 .................................................................................. 33. 00 34. Film Job Training Credit from Form 4573, line 66 ...................................................................................... 34. 00 35. Film Infrastructure Credit from Form 4573, line 72 ..................................................................................... 35. 00 36. MEGA Plug-In Traction Battery Manufacturing Credit from Form 4573, line 75 ......................................... 36. 00 37. Anchor Company Payroll Credit from Form 4573, line 77 .......................................................................... 37. 00 38. Anchor Company Taxable Value Credit from Form 4573, line 79 ............................................................... 38. 00 39. MEGA Poly-Silicon Energy Cost Credit and Miscellaneous MEGA Battery Credits from Form 4573, line 81 ......................................................................................................................................................... 39. 00 40. Total Nonrefundable Credits. Add lines 4a, 4b, 5, 7, 8, 10, 11, 15, 17, 18, and 20 through 39. Enter total here and carry total to Form 4567, line 54, or Form 4590, line 27 ............................................................. 40. 00 41. Tax After Nonrefundable Credits. Subtract line 40 from line 1. If less than zero, enter zero. (This line must be equal to Form 4567, line 55, or Form 4590, line 28.) .......................................................................... 41. 00 + 0000 2022 15 02 27 1 |
Instructions for Form 4568 Michigan Business Tax (MBT) Nonrefundable Credits Summary Purpose Line-by-Line Instructions The purpose of this form is to determine a taxpayer’s tax Lines not listed are explained on the form. liability after application of nonrefundable tax credits. Name and Account Number: Enter name and account number Form 4568 is intended to summarize all applicable as reported on page 1 of the applicable MBT annual return nonrefundable credits. Specific eligibility criteria, including (either the MBT Annual Return (Form 4567) for standard varying credit carryforward life spans, apply to each of the taxpayers or the MBT Annual Return for Financial Institutions nonrefundable credits. For more details about each of the (Form 4590)). credits, refer to the MBT Act or the instructions for the specific Line 6: Although most of the entries on this form are credits forms referenced on this form. that cause tax liability to decrease, if there is an entry on line NOTE: Beginning January 1, 2012, only those taxpayers with 4b, subtracting that negative number will cause tax liability to a certificated credit, which is awarded but not yet fully claimed increase. or utilized, may elect to be MBT taxpayers. The total created by the calculations in this line cannot be less NOTE: This form may be used by both standard taxpayers than zero. A total of less than zero is only possible through a and financial institutions. Insurance companies use the calculation error or an incorrect line entry. Miscellaneous Credits for Insurance Companies (Form 4596) to Line 9: The total created by the calculations in this line cannot claim credits for which they may be eligible. Of the credits listed be less than zero. A total of less than zero is only possible on this form, financial institutions may only claim the following: through a calculation error or an incorrect line entry. • Single Business Tax (SBT) Credit Carryforwards Line 16: Although most of the entries on this form are credits • Compensation Credit that cause tax liability to decrease, if there is a negative entry • Renaissance Zone Credit on line 15, subtracting that negative number will cause tax • Historic Preservation Credit liability to increase. • Individual or Family Development Account Credit Line 19: The total created by the calculations in this line • Brownfield Redevelopment Credit cannot be less than zero. A total of less than zero is only possible through a calculation error or an incorrect line entry. • Film Infrastructure Credit. Include completed Form 4568 as part of the tax return filing. The goal of arranging credits in this fashion is to minimize the need for taxpayers to go through all the available forms before deciding which ones may be applicable to them. Under the present arrangement, taxpayers are able to identify the forms pertaining to them, and efficiently prepare the tax return. Taxpayers should claim all credits for which they are eligible. Special Instructions for Unitary Business Groups Credits are earned and calculated on either an entity-specific or group basis, as determined by the relevant statutory provisions for the respective credits. Intercompany transactions are not eliminated for the calculation of any credits. Credits earned or calculated on either an entity-specific or group basis by Unitary Business Group (UBG) members are generally applied against the tax liability of the UBG, unless otherwise specified by statute. Entity-specific provisions are applied on a member-by-member basis and are addressed in the line-by-line instructions of each form. In none of these cases does a taxpayer that is a UBG take the entity type of its parent, Designated Member (DM), or any other member of the UBG. A UBG taxpayer will not be attributed an entity type based on the composition of its members. Complete one Form 4568 for the group. Further UBG instructions are provided on the forms where the credits are calculated. 49 |
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Michigan Department of Treasury Attachment 04 4570 (Rev. 04-22), Page 1 of 4 2022 MICHIGAN Business Tax Credits for Compensation, Investment, and Research and Development Issued under authority of Public Act 36 of 2007. Taxpayer Name Federal Employer Identification Number (FEIN) or TR Number 1. Tax liability before the Compensation and Investment Tax Credits from Form 4568, line 3 ............................. 1. 00 PART 1: COMPENSATION CREDIT. If not claiming this credit, go to Part 2. 2. Michigan Compensation ................................................................................................................................... 2. 00 3. Multiply line 2 by 0.37% (0.0037). .................................................................................................................... 3. 00 PART 2: INVESTMENT TAX CREDIT Read instructions to ensure eligibility before claiming this credit. If not claiming this credit, carry amount from line 3 to line 21. Capital Investments 4. Total eligible depreciable tangible assets located in Michigan that were acquired during the tax year (from line 35). ........................................................................................................................................................ 4. 00 5. Total eligible depreciable tangible assets purchased or acquired for use outside of Michigan in a tax year beginning after December 31, 2007, that were transferred into Michigan during the tax year (from line 36) .... 5. 00 6. Total eligible depreciable mobile tangible assets that were acquired during the tax year (from line 37) ............ 6. 00 7. Mobile Tangible Assets. If subject to apportionment, multiply line 6 by the percentage from Form 4567, line 11c. If not subject to apportionment, enter amount from line 6 ..................................................................... 7. 00 8. Total Capital Investments. Add lines 4, 5 and 7 ................................................................................................. 8. 00 9. Total cost paid or accrued of all depreciable real and personal property located everywhere that was acquired during the tax year (authorized under MCL 208.1513(3)) .................................................................................... 9. 00 LINE 9 IS FOR STATISTICAL PURPOSES ONLY AND SHOULD NOT BE USED IN ANY CALCULATION ON THIS FORM. Recapture of Capital Investments Acquired or Transferred into Michigan During the Tax Year 10. Adjusted Proceeds from recapture of eligible depreciable tangible assets located in Michigan that were acquired or transferred into Michigan during the tax year and were also sold or otherwise disposed of during the tax year (from line 39)...................................................................................................................................... 10. 00 If subject to apportionment, complete lines 11 and 12; otherwise, go to line 13. 11. Apportioned gains/losses. Multiply line 38, column F, by the percentage from Form 4567, line 11c ..................... 11. 00 12. Apportioned Adjusted Proceeds. If line 11 is a gain, subtract it from line 38, column E. If line 11 is a loss, add its positive value to line 38, column E.................................................................................................................... 12. 00 13. Adjusted Proceeds from recapture of eligible depreciable mobile tangible assets acquired during the tax year that were sold or otherwise disposed of during the tax year (from line 41) .............................................................. 13. 00 If subject to apportionment, complete line 14; otherwise, go to line 15. 14. Apportioned Adjusted Proceeds. Multiply line 13 by percentage from Form 4567, line 11c ................................. 14. 00 15. Adjusted Federal Basis of eligible depreciable tangible assets (other than mobile tangible assets) acquired during the tax year that are eligible for the Investment Tax Credit and are transferred outside Michigan during the tax year (from line 42)...................................................................................................................................... 15. 00 16. Recapture of Capital Investments. Add lines 10, 13, and 15. Or, if taxable in another state, add lines 12, 14, and 15 ........................................................................................................................................ 16. 00 + 0000 2022 23 01 27 6 Continue on Page 2 |
2022 Form 4570, Page 2 of 4 FEIN or TR Number Net Capital Investments 17. Net MBT Capital Investment. Subtract line 16 from line 8 ................................................................................. 17. 00 18. Multiply line 17 by 2.9% (0.029) ............................................................................................................................ 18. 00 19. Net Recapture Amount. Enter sum of amounts from Worksheet 2, total of column U, and Form 4585, line 7 ...... 19. 00 20. Subtract line 19 from line 18. If negative, carry amount to Form 4568, line 4b .................................................... 20. 00 PART 3: REDUCED COMPENSATION AND INVESTMENT TAX CREDITS 21. Add lines 3 and 20. If line 20 is negative, enter amount from line 3 ...................................................................... 21. 00 22. Enter amount from Form 4567, line 51, or Form 4590, line 22.............................................................................. 22. 00 23. There is no amount to be entered on this line. Skip to line 24................................................................................ 23. X X X X X X X X 00 24. Enter amount from line 22 ...................................................................................................................................... 24. 00 25. Multiply line 24 by 52% (0.52) ................................................................................................................................ 25. 00 26. Allowable Credit. Enter lesser of line 21 or line 25. Carry amount to Form 4568, line 4a ................................... 26. 00 27. If line 20 is negative, enter amount from line 20 as a positive number. If line 20 is positive, leave this line blank ... 27. 00 28. Tax After Compensation and Investment Tax Credits. Subtract line 26 from line 1 and add line 27 ...................... 28. 00 PART 4: RESEARCH AND DEVELOPMENT CREDIT 29. Research and development expenses in Michigan ................................................................................................ 29. 00 30. Multiply line 29 by 1.9% (0.019) ............................................................................................................................. 30. 00 31. Multiply line 24 by 65% (0.65) ................................................................................................................................ 31. 00 32. Ceiling for Research and Development Credit. Subtract line 26 from line 31 ....................................................... 32. 00 33. Research and Development Credit. Enter the lesser of line 30 or line 32. Carry amount to Form 4568, line 5 ........ 33. 00 34. Tax After Research and Development Credit. Subtract line 33 from line 28. (This line must be equal to Form 4568, line 6.) ...................................................................................................... 34. 00 + 0000 2022 23 02 27 4 Continue on Page 3 |
2022 Form 4570, Page 3 of 4 FEIN or TR Number Table 1 - Enter all eligible depreciable tangible assets located in Michigan that were acquired during the tax year. A B C D Date Acquired Cost Paid or Accrued Description City (MM-DD-YYYY) During Tax Year 35. Total of column D. Carry amount to line 4, page 1 ................................................................................................ 35. 00 Table 2 - Enter all eligible depreciable tangible assets purchased or acquired for use outside of Michigan in a tax year beginning after December 31, 2007, that were transferred into Michigan during the tax year. A B C D Date Physically Located in Michigan Federal Adjusted Basis Description City (MM-DD-YYYY) as of Date Transferred 36. Total of column D. Carry amount to line 5, page 1 ................................................................................................ 36. 00 Table 3 - Enter all eligible depreciable mobile tangible assets that were acquired during the tax year. A B C D Date Acquired Cost Paid or Accrued Description State (MM-DD-YYYY) During Tax Year 37. Total of column D. Carry amount to line 6, page 1 ................................................................................................ 37. 00 + 0000 2022 23 03 27 2 Continue on Page 4 |
2022 Form 4570, Page 4 of 4 FEIN or TR Number Table 4 - Enter all eligible depreciable tangible assets located in Michigan that were acquired or transferred into Michigan during the tax year and were also sold or otherwise disposed of during the tax year. (Enter dates as MM-DD-YYYY.) A B C D E F Description City Date Acquired Date Sold Gross Sales Price Gain/Loss 38. Totals of columns E and F. A loss in column F will increase recapture ............................ 38. 00 00 39. Adjusted Proceeds. If line 38, column F, is a gain, subtract it from line 38, column E. If line 38, column F, is a loss, add its positive value to line 38, column E. Carry amount to line 10, page 1 ................................................. 39. 00 Table 5 - Enter all eligible depreciable mobile tangible assets acquired during the tax year that were also sold or otherwise disposed of during the tax year. (Enter dates as MM-DD-YYYY.) A B C D E F Description State Date Acquired Date Sold Gross Sales Price Gain/Loss 40. Totals of columns E and F. A loss in column F will increase recapture ............................ 40. 00 00 41. Adjusted Proceeds. If line 40, column F, is a gain, subtract it from line 40, column E. If line 40, column F, is a loss, add its positive value to line 40, column E. Carry amount to line 13, page 1 ................................................. 41. 00 Table 6 - Enter all eligible depreciable tangible assets (other than mobile tangible assets) acquired during the tax year that are eligible for the Investment Tax Credit and were transferred outside Michigan during the tax year. (Enter dates as MM-DD-YYYY.) A B C D E Description City Date Acquired Date Transferred Federal Adjusted Basis 42. Adjusted Federal Basis. Total of column E. Carry amount to line 15, page 1 ......................................................... 42. 00 + 0000 2022 23 04 27 0 |
Instructions for Form 4570, Michigan Business Tax (MBT) Credits for Compensation, Investment, and Research and Development Purpose Line 2: Enter compensation, as defined in Michigan Compiled Laws 208.1107(3), paid in the tax year on behalf of or for the To claim the Compensation Credit, Investment Tax Credit benefit of employees, officers, or directors. Generally, under (ITC), and the Research and Development Credit calculated this definition, compensation includes, but is not limited to, here and carried to the MBT Nonrefundable Credits Summary payments that are subject to or specifically exempt or excepted (Form 4568). from withholding under Internal Revenue Code (IRC) § 3401 NOTE: This form may be used by standard taxpayers to through § 3406. claim eligible credits and by financial institutions to claim Compensation also includes fringe benefits and any earnings the Compensation Credit only. Insurance companies use the that are net earnings from self-employment, as defined under Miscellaneous Credits for Insurance Companies (Form 4596) IRC § 1402, of the taxpayer, partner, or Limited Liability to claim credits for which they may be eligible. Company member of the taxpayer. Wages, salaries, fees, The Compensation Credit and ITC together are limited to bonuses, commissions, and other payments made in the tax 52 percent of the total tax liability. The Research and Development year on behalf of or for the benefit of employees, officers, or Credit, combined with the Compensation Credit and ITC, are directors, as well as net earnings from self-employment, must limited to 65 percent of the tax liability. be reported on a cash basis. This form will also determine an ITC recapture that potentially Payments made to a pension plan, retirement or profit sharing could increase the tax liability. plan, employee insurance plans, and payments under health and welfare benefit plans, as well as the administration fees paid for NOTE: Beginning January 1, 2012, only those taxpayers the administration of the health and welfare benefit plan, are with a certificated credit, which is awarded but not yet fully compensation. Compensation also includes certain payments claimed or utilized, may elect to be MBT taxpayers. If a made by licensed taxpayers that are statutorily identified. These taxpayer files an MBT return and claims a certificated credit, compensation payments are calculated on a cash or accrual basis the taxpayer makes the election to file and pay under the MBT consistent with the taxpayer’s method of accounting for federal until the certificated credit and any carryforward of that credit income taxes. The statute provides for certain exclusions from are exhausted. A taxpayer making a valid certificated credit compensation, including employee discounts on merchandise election may also claim the credits on this form. and services, payments for State and federal unemployment compensation and federal insurance contributions, and payments Special Instructions for Unitary Business Groups made to most independent contractors. Credits are earned and calculated on either an entity-specific or Expenses incurred for the benefit of the taxpayer rather than for group basis, as determined by the relevant statutory provisions the benefit of employees of the taxpayer are not compensation. for the respective credits. The credits on this form are Noncompensation expenses might include payments reported calculated on a group basis. Intercompany transactions are not on a Form 1099 to an employee for the rental of a building or eliminated for the calculation of any credits. Assets transferred for interest income. between members of the group are not considered capital investments in qualifying assets for purposes of calculating This credit is calculated on the taxpayer’s Michigan the ITC in Part 2. Credits are generally applied against the compensation. tax liability of the Unitary Business Group (UBG), unless Compensation is “in this state” if (a) the individual’s service otherwise specified by statute. is performed entirely within Michigan, or (b) the individual’s Complete one Form 4570 for the group. service is performed both within Michigan and outside Michigan, but the services performed outside Michigan are Line-by-Line Instructions incidental to the individual’s service within Michigan. Lines not listed are explained on the form. Example 1: Sales Co. employs Salesperson whose territory includes both Detroit, Michigan, and Toledo, Ohio. Salesperson Dates must be entered in MM-DD-YYYY format. calls on customers located in both Michigan and Ohio. The Name and Account Number: Enter name and account number compensation paid to Salesperson is not “compensation in this as reported on page 1 of the applicable MBT annual return state” because Salesperson’s activity is not limited solely to (either the MBT Annual Return (Form 4567) for standard Michigan, and calling on customers in Ohio is not incidental to taxpayers or the MBT Annual Return for Financial Institutions Salesperson’s activity in Michigan. (Form 4590)). Example 2: Manufacturer employs Engineer at its Michigan PART 1: COMPENSATION CREDIT facility. Several times a year, Engineer travels out of state to meet UBGs: If the taxpayer is a UBG, the Compensation Credit is with suppliers. Although Engineer performs services both within calculated on the combined Michigan compensation of the Michigan and outside Michigan, Engineer’s out-of-state services UBG members. Intercompany transactions are not eliminated are incidental to Engineer’s services within Michigan. The for this purpose. compensation paid to Engineer is “compensation in this state.” 55 |
PART 2: INVESTMENT TAX CREDIT the same for all events combined on a single line. Use Part 2 to determine the total eligible acquisitions and Cost includes costs of fabrication and installation. dispositions for the filing period. Complete Tables 1 through 6 (lines 35 through 42) before completing lines 4 through 16. If Table 1: Enter a short description (for example, equipment, more space is needed for any assets acquired, sold, or disposed building, etc.), city or township in which the asset is located, of in this tax year, include additional copies of page 3 or page date acquired, and cost paid or accrued of all eligible 4 (as applicable) of the form identifying the name and account depreciable tangible assets located in Michigan that were number at the top with only the additional applicable fields acquired during the filing period. completed. Financial institutions and insurance companies do If multiple pages of Form 4570, Table 1, are included, carry the not qualify for this credit. grand total of all Table 1, column D, entries to line 4. For tax years beginning after 2007, taxpayers may claim an ITC for a percentage of the net costs paid or accrued in the Table 2: Enter a short description (for example, equipment, filing period for qualifying tangible assets physically located in automobile, etc.), city or township in which the asset is located, Michigan. The assets must be of a type that are or will become date physically located in Michigan, and adjusted basis (as eligible for depreciation, amortization, or accelerated capital calculated for federal purposes) as of the date moved of all cost recovery for federal income tax. Mobile tangible assets eligible depreciable tangible assets purchased or acquired (defined in the instructions for line 8), wherever located, are for use outside of Michigan after 2007 that were moved into subject to apportionment in the same manner as the tax base. Michigan during the filing period for a business use. Do not Assets purchased or acquired after 2007 for use outside of include mobile tangible assets (see below). Michigan and moved into Michigan during the filing period, If multiple pages of Form 4570, Table 2, are included, carry the also qualify for ITC. Disposition of an asset, or moving an grand total of all Table 2, column D, entries to line 5. asset out of Michigan, creates recapture that reduces the credit. If recapture exceeds the positive credit earned by acquisitions, Table 3: Enter a short description (for example, construction the tax liability is increased. equipment, aircraft, etc.), the state in which the asset primarily was based during the tax year, date acquired, and cost paid NOTE: Recapture from dispositions during the filing period or accrued during the filing period for all depreciable mobile of assets acquired (or moved into Michigan) after 1999 and tangible assets that were acquired during the filing period, before 2008 is calculated on the MBT Investment Tax Credit whether located in Michigan or outside Michigan. Recapture from Sale of Assets Acquired Under Single Business Tax (Form 4585). Mobile tangible assets are all of the following: If, during the filing period, a taxpayer acquired depreciable real • Motor vehicles that have a gross vehicle weight rating of or personal property or disposed of depreciable real or personal 10,000 pounds or more and are used to transport property or property that was acquired in a tax year beginning after 1999, persons for compensation. complete this form and include it as part of the annual return. If • Rolling stock (railroad freight or passenger cars, property disposed of during the filing period was acquired in a locomotives, or other railcars), aircraft, and watercraft tax year beginning after 1999 and before 2008, also complete used by the owner to transport property or persons for and include Form 4585. compensation or used by the owner to transport the owner’s UBGs: If the taxpayer is a UBG, the ITC is calculated on property for sale, rental, or further processing. combined assets of standard members of the UBG. Assets • Equipment used directly in completion of, or in construction transferred between members of the group are not a capital contracts for, the construction, alteration, repair, or investment in qualifying assets for purposes of calculating this improvement of property. credit. If multiple pages of Form 4570, Table 3, are included, carry the The following instructions for the Part 2 “Capital Investments grand total of all Table 3, column D, entries to line 6. (Acquisitions)” and “Recapture of Capital Investments (Dispositions)” sections provide information on completing the Recapture of Capital Investments (Dispositions) tables on pages 3 and 4 of this form. The instructions for Part 4 Use this section to compute credit recapture from disposition follow these sections. (or moving out of Michigan) of tangible, depreciable real or Capital Investments (Acquisitions) personal property that was acquired in a tax year beginning after 2007. Recapture from the disposition of qualifying NOTE: When completing tables 1 through 6, leave lines/ property that was acquired in a tax year beginning after 1999 boxes blank if they do not apply or if the amount is zero, unless but before 2008 is calculated on Form 4585 and reported here. otherwise instructed. NOTE: A sale of qualifying property reported on the NOTE: For Tables 1 through 3, all events that have varying installment method for federal income tax purposes causes dates must be listed separately. “Various” is not a valid entry in a recapture based upon the entire sale price in the year of a date field. Multiple acquisitions (or transfers) may be combined the sale. The recapture is reduced by any gain reported in as one entry, subject to the following: all combined events must federal taxable income (as defined for MBT purposes) in satisfy the terms of the table in which they are entered. “Date the year of the sale. The gain attributable to the installment Acquired” (or “Date Physically Located in Michigan”) must be sale that is reported in subsequent years increases the credit 56 |
base (or reduces other sources of recapture) for those years. (for example, construction equipment, aircraft, etc.). Enter For property placed in service prior to January 1, 2008, gain gross sales price (net of costs of sale) in column E, and in reflected in federal taxable income (as defined for MBT column F, enter total gain or loss included in calculating federal purposes) is equal to the gain reported for federal purposes. taxable income (as defined for MBT purposes). UBGs: If the taxpayer is a UBG, the recapture of capital For property placed in service in the current filing period, investments is calculated on combined assets of standard gain reflected in federal taxable income (as defined for MBT members of the UBG. Assets transferred between members of purposes) is the gain reported federally except that it shall be the group are not a capital investment in qualifying assets for calculated as if IRC § 168(k) were not in effect. purposes of calculating this credit or its recapture. However, NOTE: Sales price includes any benefit derived from the sale. moving an asset outside of Michigan creates recapture, even if the transfer is to a member of the UBG. If multiple pages of Form 4570, Table 5, are included, carry the grand total of all line 41 entries to line 13. Using the Correct Tables to Calculate Recapture Enter information on Tables 4, 5, 6 as explained below ONLY Table 6: Enter all depreciable tangible assets (other than mobile for assets that are being disposed of in the current filing period, tangible assets) acquired in the current filing period that were and that were purchased, acquired, or moved into Michigan eligible for ITC and were ALSO transferred outside Michigan ALSO in the current filing period. during the current filing period. Give all information required for each disposition in columns A through E. In column A, enter Information for assets disposed of in the current filing period a short description (e.g., equipment, automobile, etc.) and in and purchased, acquired, or moved into Michigan in tax years column B, enter the Michigan city or township in which the asset included in PREVIOUS filing periods must be entered on was located before its transfer. In column E, enter adjusted basis worksheets 1a, 1b, and 1c provided at the end of the instructions as used for federal purposes. Do not use a recomputed MBT for this form. Recapture for assets that were acquired in a tax basis for this purpose. year beginning before 2008 and disposed of during the current filing period is reported on Form 4585. If multiple pages of Form 4570, Table 6, are included, carry the grand total of all Table 6, column E, entries to line 15. The total credit recapture for assets reported on worksheets 1a, 1b, and 1c is calculated on Worksheet 2 at the end of this PART 4: RESEARCH AND DEVELOPMENT CREDIT instructions, and will be reported on line 19 on this form. If the Line 29: As used in this part, research and development filer is also reporting SBT ITC recapture on Form 4585, add expenses means that term as defined in IRC § 41(b). both the total sum from Worksheet 2, column U, and the amount UBGs: If the taxpayer is a UBG, the Research and Development from Form 4585, line 7 and enter the sum on line 19 on Form Credit is calculated on the combined research and development 4579 (this form). expenses of standard members of the UBG. Intercompany NOTE: For Tables 4 through 6, all events that have varying transactions are not eliminated for this purpose. Qualified dates must be listed separately. “Various” is not a valid expenses incurred by members of a UBG that are paid to fellow entry in a date field. Multiple dispositions (or transfers) members are included in calculating the group’s credit. may be combined as one entry, subject to the following: All Include completed Form 4570 as part of the tax return filing. combined events must satisfy the terms of the table in which they are entered. “Date Acquired” must be the same for all IMPORTANT: Complete the worksheets on the following events combined on a single line, and “Date Sold” (or “Date pages for assets disposed (or moved out of Michigan) in Transferred”) also must be the same. the current filing period that were purchased, acquired, or Table 4: Enter all dispositions of depreciable tangible assets moved into Michigan in a previous tax year beginning after located in Michigan that were acquired or moved into December 31, 2007. Michigan in the current filing period, and were ALSO sold or otherwise disposed of during the current filing period. Give all information required for each disposition in columns A through F. In column A, enter a short description (for example, equipment, building, etc.). Enter gross sales price (net of costs of sale) in column E, and in column F, enter total gain or loss included in calculating federal taxable income (as defined for MBT purposes). NOTE: Sales price includes any benefit derived from the sale. If multiple pages of Form 4570, Table 4, are included, carry the grand total of all line 39 entries to line 10. Table 5: Enter all dispositions of depreciable mobile tangible assets that were acquired in the current filing period and were ALSO sold or otherwise disposed of during the current filing period. Give all information required for each disposition in columns A through F. In column A, enter a short description 57 |
Calculation of MBT ITC Credit Recapture Amount Calculation of MBT ITC Credit Recapture Bases installment method for federal income tax purposes causes For each category of asset disposed (or moved out of a recapture based upon the entire sale price in the year of the Michigan) that triggers an MBT ITC credit recapture, enter the sale. The recapture is reduced by any gain reported in federal information requested below. taxable income (as defined for MBT purposes) in the year of the sale. The gain attributable to the installment sale that is • Use the worksheets below to report information ONLY on reported in subsequent years increases the credit base (or assets disposed (or moved out of Michigan) in the current filing reduces other sources of recapture) for those years, and must period that were purchased, acquired, or moved into Michigan be reported on column C of the appropriate Worksheet based in a PREVIOUS tax year beginning after December 31, 2007. on the type of asset. For property placed in service prior to • Use tables 4, 5, and 6 on the form to report assets that were January 1, 2008, the gain reflected in federal taxable income disposed of or moved out of Michigan in the current filing (as defined for MBT purposes) is equal to the gain reported for period AND were also purchased, acquired, or moved into federal purposes. Michigan in the same current filing period. UBGs: The recapture of capital investments for UBGs is In each category of disposed/moved asset, group assets by calculated on combined assets of standard members of the taxable year in which they were acquired. All events that have UBG. Assets transferred between members of the group are varying dates must be listed separately. Multiple dispositions not a capital investment in qualifying assets for purposes (or transfers) may be combined as one entry, subject to the of calculating this credit or its recapture. Disposing of or following: all combined events must satisfy the terms of transferring an asset outside of the UBG triggers recapture. the table in which they are entered. “Taxable Year in which Also, moving an asset outside of Michigan creates recapture, disposed assets were acquired” must be the same for all events even if the transfer is to a member of the UBG. combined on a single line. Worksheet 1a — Depreciable Tangible Assets UBGs: If an asset subject to recapture is from a member that Enter all dispositions of depreciable tangible assets located was not part of the group in the tax year the asset was acquired, in Michigan that were acquired or moved into Michigan after make a separate line entry for the tax year the member acquisition in a tax year beginning after 2007 and were sold filed outside of the group. Take care to report in this line or otherwise disposed of during the current filing period. information requested in each column only from the member’s Give all information required for each disposition in columns single filings, not the group’s. A through F. In column A, enter the taxable year in which the disposed assets were acquired. Enter combined gross sales NOTE: A sale of qualifying property reported on the price (net of costs of sale) in column B, and in column C, enter Worksheet 1a — Depreciable Tangible Assets A B C D E F Taxable Year (End Date) MBT Apportionment Apportioned MBT ITC Recapture In Which Disposed Combined Sales Price Percentage from Gain/Loss (Base 1) Assets Were Acquired of Disposed Assets by Net Gain/Loss From Form 4567, line 11c, Multiply Column C Subtract Column E (MM-DD-YYYY) Year of Acquisition Sale of Assets or Form 4590, line 10c by Column D From Column B Worksheet 1b — Depreciable Mobile Tangible Assets A B C D E F Taxable Year (End Date) MBT Apportionment MBT ITC Recapture In Which Disposed Combined Sales Price of Adjusted Proceeds Percentage from (Base 2) Assets Were Acquired Disposed Assets by Net Gain/Loss From Subtract Column C Form 4567, line 11c, Multiply Column D (MM-DD-YYYY) Year of Acquisition Sale of Assets From Column B or Form 4590, line 10c by Column E Worksheet 1c — Assets Transferred Outside Michigan A B Taxable Year (End Date) MBT ITC Recapture In Which Disposed Combined Adjusted Federal Basis of Assets Were Acquired Disposed Assets by Year of Acquisition (MM-DD-YYYY) (Base 3) 58 |
total gain or loss included in calculating federal taxable income For property placed in service after December 31, 2007, gain (as defined for MBT purposes). reflected in federal taxable income (as defined for MBT purposes) is the gain reported federally except that it shall be NOTE: Sales price includes any benefit derived from the sale. calculated as if IRC § 168(k) were not in effect. Worksheet 1b — Depreciable Mobile Tangible Assets NOTE: Sales price includes any benefit derived from the sale. Enter all dispositions of depreciable mobile tangible assets that were acquired after 2007 and were sold or otherwise disposed Worksheet 1c — Assets Transferred Outside Michigan of during the current filing period. Give all information required Enter all depreciable tangible assets (other than mobile tangible for each disposition in columns A through F. In column A, enter assets) acquired after 2007 that were eligible for ITC and were the taxable year in which the disposed assets were acquired. transferred outside Michigan during the filing period. Give Enter gross sales price (net of costs of sale) in column B, and in all information required for each disposition in column A and column C, enter total gain or loss included in calculating federal B. In column A, enter the taxable year in which the disposed taxable income (as defined for MBT purposes). assets were acquired, and in column B, enter adjusted basis as used for federal purposes. Do not use a recomputed MBT basis For property placed in service prior to January 1, 2008, gain for this purpose. reflected in federal taxable income (as defined for MBT purposes) is equal to the gain reported for federal purposes. Calculation of MBT ITC Recapture Rates • Column H: Calculate gross ITC credit amount: multiply and Amounts column F by column G for each taxable year. Complete Worksheet 2 (on the following page), entering each • Column J: MBT recapture of capital investment. Enter total taxable year (End Date) in which the disposed assets that amount of recapture of capital investment reported on Form triggered MBT ITC credit recapture were acquired. 4570, line 16, for each taxable year listed on column I. NOTE: Lines references on columns below are based on • Column L: Gross MBT ITC credit recapture amount. Multiply 2010 MBT form 4570. Lines for MBT forms prior to 2010 column J by column K. This represents the total amount of ITC are different, so if copying information from MBT forms credit recapture available to be reported in the tax year. other than 2010, choose the appropriate lines. • Column M: MBT ITC credit recapture amount offset by credit. Enter the lesser of columns H and L. This is the amount Worksheet 2 of available ITC credit recapture that was offset by the total • Column A: Enter in chronological order, beginning with amount of available ITC credit in the year. the earliest, the tax year end date of each acquisition year • Column O: SBT credit recapture amount. Enter total amount of disposed assets that triggered MBT ITC recapture from from Form 4570, line 19 for each taxable year listed on column Worksheet 1a through 1c. N. UBGs: If an asset subject to recapture is from a member that • Column P: SBT ITC credit recapture amount offset by credit. was not part of the group in the tax year the asset was acquired, Enter lesser of the amount on column O, and the amount of make a separate line entry for the tax year the member column H minus column M. This is the amount of SBT ITC filed outside of the group. Take care to report in this line credit recapture that was offset by the total amount of available information requested in each column only from the member’s ITC credit in the taxable year. single filings, not the group’s. • Column Q: Total MBT ITC used. Add columns D, M, and • Column B: Enter allowable MI compensation and ITC credits P. The total amount of MBT ITC used equals to the amount of amount from Form 4570, line 26 with the corresponding credit that offsets MBT ITC credit recapture, SBT ITC credit acquisition year in column A. recapture, and the MBT liability. • Column C: Enter the MI compensation credit amount from • Column R: Extent used rate. Divide amounts on column Q Form 4570, line 3 with the corresponding acquisition year in by amounts on column H. column A. • Column T: MBT recapture base. Enter total amount of • Column D: Calculate net ITC credit amount: subtract column recapture capital investment from Worksheet 1a, column F; C from column B for each taxable year. If difference is less Worksheet 1b, column F and Worksheet 1c, column B. than zero (is negative), enter zero. This is the amount of ITC credit that offsets MBT liability. • Column U: MBT recapture amount. Multiply amount in • Column F: MBT capital investment amount. Enter total column T by rates in column G, and in column R. amount of capital investment reported on Form 4570, line 8, for Add up figures in each row of column U, and carry that amount each taxable year listed on column E. to line 19. If filer is also reporting SBT ITC recapture, add both • Column G: ITC rate. Enter 2.32% for taxable years on the total sum from column U in this form, and the amount from column E that end with 2008, otherwise enter 2.9%. Form 4585, line 7 and enter the sum on line 19 on this form. 59 |
Worksheet 2 — Calculation of MBT ITC Recapture Rates and Amounts A B C D Allowable Michigan ITC that offsets MBT liability Taxable Year (End Date) in compensation and ITC credit Michigan Compensation Subtract column C which MBT ITC Disposed amount from Form 4570, Credit Amount from from column B Assets were acquired line 26 Form 4570, line 3 (Enter 0 if less than 0) E F G H MBT Capital Investment ITC rate Gross ITC Credit Amount Taxable Year Amount from Form 4570, (2.32% for tax years ending Multiply column F (repeat from column A) line 8 in 2008, or 2.9% otherwise) by column G I J K L M MBT Recapture of Capital ITC rate Gross MBT ITC Recapture MBT ITC Recapture Amount Taxable Year Investment Amount from (2.32% for tax years ending Multiply column J Offset by Credit Lesser (repeat from column A) Form 4570, line 16 in 2008, or 2.9% otherwise) by column K of column L and H N O P Q R SBT ITC Recapture Amount SBT ITC Credit Recapture Offset by Credit Lesser Taxable Year Amount from Form 4570, of column O, Total MBT ITC Credit Used Extent Credit Used Rate (repeat from column A) line 19 and column (H – M) Add columns D, M, and P Divide column Q by column H S T U Recapture base. Enter total amount of recapture from Worksheet 1a, column F; Worksheet 1b, Recapture Amount. Taxable Year column F; and Worksheet 1c, Multiply column T by (repeat from column A) column B. column G and by column R 60 |
Michigan Department of Treasury Attachment 06 4571 (Rev. 04-22), Page 1 of 2 2022 MICHIGAN Business Tax Common Credits for Small Businesses Issued under authority of Public Act 36 of 2007. Taxpayer Name Federal Employer Identification Number (FEIN) or TR Number The Small Business Alternative Credit is NOT available if any The Small Business Alternative Credit must be reduced of the following conditions exist: if any of the following conditions exist: • Gross receipts exceed $20,000,000. • Any individual, shareholder or officer has allocated • Adjusted business income after loss adjustment exceeds income after loss adjustment of over $160,000 but not $1,609,400. over $180,000, or any partner has distributive share of • Any individual, shareholder or officer has allocated income income after loss adjustment of over $160,000 but not over after loss adjustment of over $180,000, or any partner has $180,000, as determined on Forms 4577 or 4578. distributive share of income after loss adjustment of over • Gross receipts exceed $19,000,000 but are not more $180,000, as determined on Form 4577 or 4578. than $20,000,000. • Compensation and director fees of a shareholder or officer of a C Corporation exceed $180,000. Taxpayers claiming the small business alternative credit, other than individuals and fiduciaries filing as individuals MUST complete and include Form 4577 or 4578, as applicable. 1. Tax liability prior to this credit from Form 4568, line 6 ........................................................................................... 1. 00 PART 1: SMALL BUSINESS ALTERNATIVE CREDIT If not claiming a Small Business Alternative Credit, skip to Part 2. Adjusted Business Income 2. Business Income from Form 4567, line 28 (see instructions)................................................................................ 2. 00 3. Gross capital loss utilized on federal return (see instructions) .............................................................................. 3. 00 4. Federal net operating loss carryover or carryback from Form 4567, line 32 ......................................................... 4. 00 5. Add lines 2, 3, and 4 ............................................................................................................................................. 5. 00 6. Compensation and director fees of active shareholders from Form 4577, line 3 ................................................. 6. 00 7. Compensation and director fees of officers from Form 4577, line 4 ..................................................................... 7. 00 8. Adjusted Business Income. Add lines 5, 6 and 7................................................................................................... 8. 00 Small Business Alternative Credit Calculation 9. Small Business Alternative Tax. Multiply line 8 by 1.8% (0.018). If less than zero, enter zero ............................ 9. 00 10. Small Business Alternative Credit. Subtract line 9 from line 1. If less than zero, enter zero ......................... 10. 00 11. Allocated income/distributive share of income used for reduction (see instructions) .. 11. 00 12. Reduction percentage from Reduced Credit Table on page 2 (based on amount from line 11) .......................... 12. % 13. Reduced Credit. Multiply line 12 by line 10. If gross receipts from Form 4567, line 12, are less than or equal to $19,000,000, carry amount to Form 4568, line 7 (see instructions) .................................................................. 13. 00 14. Tax After Small Business Alternative Credit. Subtract line 13 from line 1 ............................................................. 14. 00 Reduction Based on Gross Receipts Complete this section if gross receipts are more than $19,000,000 but not more than $20,000,000. 15. Gross receipts from Form 4567, line 12 (see instructions) .................................................................................... 15. 00 16. Excess gross receipts. Subtract $19,000,000 from line 15 .................................................................................. 16. 00 17. Excess percentage. Divide line 16 by $1,000,000, and enter as a percentage .................................................... 17. % 18. Allowable percentage. Subtract line 17 from 100% ............................................................................................... 18. % 19. Small Business Alternative Credit. Multiply percentage on line 18 by the credit on line 13. Carry amount to Form 4568, line 7 ........................................................................................................................ 19. 00 20. Tax After Small Business Alternative Credit. Subtract line 19 from line 1 ............................................................. 20. 00 Continue on Page 2 + 0000 2022 27 01 27 8 |
2022 Form 4571, Page 2 of 2 FEIN or TR Number PART 2: GROSS RECEIPTS FILING THRESHOLD CREDIT Complete this section if apportioned gross receipts are equal to or greater than $350,000 but less than $700,000. See instructions for tax years less than 12 months. 21. Tax before credit from line 1, 14 or 20, whichever applies .................................................................................... 21. 00 22. Threshold Ceiling .................................................................................................................................................. 22. 700,000 00 23. Gross Receipts from Form 4567, line 12 (see instructions) .................................................................................. 23. 00 24. Apportioned Gross Receipts. Multiply line 23 by percentage from Form 4567, line 11c ....................................... 24. 00 25. Excess Gross Receipts. Subtract line 24 from line 22. If negative, enter zero on line 27 (no credit allowed) ...... 25. 00 26. Gross Receipts Filing Threshold Credit Percentage. Divide line 25 by $350,000, and enter as a percentage ..... 26. % 27. Gross Receipts Filing Threshold Credit. Multiply line 26 by line 21. Carry amount to Form 4568, line 8 ........ 27. 00 28. Tax After Gross Receipts Filing Threshold Credit. Subtract line 27 from line 21. (This line must be equal to Form 4568, line 9.) ................................................................................................................................................ 28. 00 REDUCED CREDIT TABLE If allocated* income is: The reduced credit is: $0 - $160,000 ........................ 100% of the Small Business Alternative Credit $160,001 - $164,999 ........... 80% of the Small Business Alternative Credit $165,000 - $169,999 ........... 60% of the Small Business Alternative Credit $170,000 - $174,999 ........... 40% of the Small Business Alternative Credit $175,000 - $180,000 ........... 20% of the Small Business Alternative Credit * See instructions for tax years less than 12 months. + 0000 2022 27 02 27 6 |
Instructions for Form 4571 Michigan Business Tax (MBT) Common Credits for Small Businesses determined on the MBT Schedule of Shareholders and Purpose Officers (Form 4577) or the MBT Schedule of Partners To allow taxpayers to calculate the Small Business Alternative (Form 4578). Credit and the Gross Receipts Filing Threshold Credit. Credits are calculated here and then carried to the MBT Nonrefundable In addition, the Small Business Alternative Credit is reduced Credits Summary (Form 4568). if an Individual, a partner in a Partnership, a shareholder of a Corporation, or an officer of a C Corporation has allocated A taxpayer is disqualified from taking the Small Business income (or distributive share of income, for a partner) after Alternative Credit under certain circumstances, which are loss adjustment of more than $160,000. This reduction is based detailed below. on the individual/partner/officer/shareholder with the largest A taxpayer with gross receipts allocated or apportioned to allocated or distributive share of income. Michigan equal to or greater than $350,000, but less than The Small Business Alternative Credit also is reduced if gross $700,000, may claim a Gross Receipts Filing Threshold Credit. receipts exceed $19,000,000 but are not more than $20,000,000. Unitary Business Groups (UBGs): Taxpayers that are part of C Corporations a UBG must use the gross receipts of the entire group before Allocated income for C Corporations is either: eliminations to determine if the gross receipts allocated or apportioned to Michigan are between $350,000 and $700,000. (a) A shareholder or officer’s compensation and director fees from Form 4577, column L, or NOTE: Beginning January 1, 2012, only those taxpayers with a certificated credit, which is awarded but not yet fully (b) A shareholder’s compensation, director fees, and share of claimed or utilized, may elect to be MBT taxpayers. If a business income (or loss) after loss adjustment, from Form taxpayer files an MBT return and claims a certificated credit, 4577, column N. the taxpayer makes the election to file and pay under the MBT If either (a) or (b) is greater than $180,000 for any shareholder until the certificated credit and any carryforward of that credit or officer, the Corporation is not eligible for the Small Business are exhausted. A taxpayer making a valid certificated credit Alternative Credit. In addition, if either (a) or (b) is more than election may also claim the credits on this form. $160,000 but not more than $180,000 for any shareholder NOTE: A member of a Limited Liability Company (LLC) is or officer, the Corporation must reduce the Small Business characterized for MBT purposes as a partner, shareholder, or Alternative Credit based on the officer or shareholder with the owner, based on the federal tax classification of the LLC. An largest allocated income. LLC taxed as a Partnership for federal purposes is required to S Corporations file as a Partnership for MBT. Similarly, an LLC taxed as a C Corporation or an S Corporation for federal purposes must file Allocated income for S Corporations is shareholder’s under that same entity type for MBT. compensation, director fees, and share of business income (or loss), after loss adjustment, from Form 4577, column N. NOTE: A person that is a disregarded entity for federal income tax purposes under the internal revenue code shall be classified NOTE: Individuals and Fiduciaries filing as Individuals do not as a disregarded entity for the purposes of filing the MBT need to file Form 4577 or Form 4578. annual return. NOTE: Taxpayers leasing employees from professional Fiscal Year Filers: See “Supplemental Instructions for employer organizations must include the compensation of Standard Fiscal MBT Filers” in the MBT Forms and officers (of the operating company) and shareholders who Instructions for Standard Taxpayers (Form 4600). receive compensation in determining the eligibility for the Small Business Alternative Credit even though their compensation is Eligibility for the Small Business Alternative paid by the professional employer organization. Credit NOTE: If a shareholder owned stock for less than the entire tax Taxpayers are not eligible for the Small Business Alternative year of the corporation, or an officer served as an officer less Credit if any of the following conditions exist: than the entire tax year, shareholder compensation amounts must be annualized when determining disqualifiers. • Gross receipts exceed $20,000,000. • Adjusted business income after loss adjustment exceeds: Tax Years Less Than 12 Months ○ $1,609,400 for Corporations or Partnerships (and LLCs If the reported tax year is less than 12 months, gross receipts, federally taxed as such). adjusted business income, partners’ distributive share of business income, and shareholders’ and officers’ allocated or distributive ○ $180,000 for Individuals or Fiduciaries. share of income must be annualized to determine eligibility. If • Any shareholder or officer has allocated income after loss annualized gross receipts exceed $19,000,000 but do not exceed adjustment of over $180,000 or any partner has distributive $20,000,000, annualize figures to compute the Reduction Based share of income after loss adjustment of over $180,000, as on Gross Receipts, lines 15 through 20. 63 |
Annualizing Adjusted Business Income Multiply each applicable amount, total gross receipts, adjusted Line 2: Enter business income from Form 4567, line 28. If not business income, and shareholder, officer, and partner income by subject to Business Income Tax, enter business income from 12 and divide the result by the number of months the business the Business Income Worksheet (Worksheet 4746) in Form operated. Generally, a business is considered in business for one 4600. Attach this worksheet to the return. month if the business operated for more than half the days of the UBGs: Enter the business income before eliminations from month. If the tax year is less than one month, consider the tax Form 4580, Part 2B, line 30A. year to be one month for the purposes of the calculation. Line 3: Enter all capital losses that were used federally to offset Loss Adjustment capital gain. This is not the net figure found on the Schedule D If taxpayers are not eligible for the full Small Business lines identified below. It is the amount of capital losses that were Alternative Credit due to an adjusted business income or used in reaching the net figure on the federal return lines. If allocated income disqualifier, they may benefit from the MBT filing a U.S. Form 1040 or 1041, include the capital loss amount Loss Adjustment for the Small Business Alternative Credit that the Individual or Fiduciary was able to use against the (Form 4575). If the adjusted business income was less than capital gain and the capital loss amount that the Individual or zero in any of the five years immediately preceding the tax year Fiduciary was permitted to deduct from ordinary income ($3,000 for which a taxpayer is claiming a credit and an MBT Small or less). Use both long-term and short-term capital losses here. Business Alternative Credit was received for that same year, Include the capital losses used in calculating the net figure the taxpayer may be able to reduce the current year’s adjusted using “Net short-term capital gain or (loss)” and “Net long- business income or allocated income amounts by the loss. See term capital gain or (loss)” from Schedule D of federal Forms Form 4575 for more details. 1040, 1041, 1065, 1120 and 1120S as applicable. A loss adjustment will not prevent a reduction to the Small UBGs: Combine all capital losses for all members and enter on Business Alternative Credit based on gross receipts that line 3. exceed $19,000,000. It will also not change the amount of compensation on Form 4577, column L, for a C Corporation. Line 6 and line 7: Fiscal Year Filers: See “Supplemental Instructions for Standard Fiscal MBT Filers” in Form 4600. Special Instructions for UBGs Small Business Alternative Credit Calculation UBGs calculate the gross receipts and adjusted business income Line 11: The Small Business Alternative Credit is reduced disqualifiers at the UBG level without eliminating intercompany if an Individual, a partner in a Partnership, a shareholder of transactions. For a UBG to claim a small business alternative a Corporation, or an officer of a C Corporation has allocated credit, each member of the UBG that is a corporation (including income (or distributive share of income, for a partner) after an entity taxed federally as such) must file Form 4577. Each loss adjustment of more than $160,000. This reduction is based member of the UBG that is a partnership (including an entity on the individual/partner/officer/shareholder with the largest taxed federally as such) must file Form 4578. The disqualifier allocated or distributive share of income. Enter the allocated that is based on allocated or distributive share of income is income of the shareholder or officer with the highest allocated applied on a separate entity basis using a pro forma calculation income after loss adjustment or the highest distributive share of for business income and is not a combined amount received from income assigned to a partner or individual, even if that figure is all members of a UBG. See the “Supplemental Instructions for $160,000 or less. Standard Members in UBGs” section in Form 4600. If loss adjustment is successfully applied to fully or partially Line-by-Line Instructions cure an owner’s allocated or distributive income disqualifier, enter on line 11 the number from Form 4575, line 5. Lines not listed are explained on the form. Line 12: For a taxpayer whose owners or officers all have Name and Account Number: Enter name and account number allocated or distributive share of income after loss adjustment as reported on page 1 of the MBT Annual Return (Form 4567). of $160,000 or less, enter 100 percent. All other taxpayers, see UBGs: Complete one form for the group. Enter the Designated the table at the bottom of page 2 of this form to determine what Member (DM) name in the Name field and the DM account percent to enter on this line. number in the Federal Employer Identification Number (FEIN) Line 13: All taxpayers must complete this line. or TR Number field. If gross receipts from Form 4567, line 12, are $19,000,000 or PART 1: SMALL BUSINESS ALTERNATIVE CREDIT less, carry the amount on line 13 to Form 4568, line 7. For tax Skip to Part 2 of this form if not claiming a Small Business years less than 12 months, use annualized gross receipts. For Alternative Credit. guidance, see the “Annualizing” section at the beginning of Business income is adjusted by federal net operating loss these instructions. carryover or carryback from Form 4567, line 32. It is UBGs: For the purpose of calculating the credit reduction also adjusted by compensation and director fees of active based on gross receipts, the UBG combined gross receipts shareholders and officers from Form 4577 and by capital losses. must reflect the sum of every member’s gross receipts on a 12-month basis, before eliminations. Therefore, if no members of the UBG are short-year filers, use the amount from the 64 |
MBT Unitary Business Group Combined Filing Schedule for Standard Members (Form 4580), Part 2B, line 17A. Otherwise, for all short-year members of the group, annualize their gross receipts amount from Form 4580, Part 2A, line 17A, and then combine the annualized amounts with the gross receipts (Form 4580, Part 2A, line 17A) for the remaining group members. Reduction Based on Gross Receipts Line 15: For tax periods less than 12 months, enter annualized gross receipts to determine if annualized gross receipts are more than $19,000,000 but not more than $20,000,000. UBGs: To calculate the entry for this line, see the UBG guidance under line 13. Enter the sum of all members’ 12-month basis gross receipts, before eliminations, on line 15 of this form. PART 2: GROSS RECEIPTS FILING THRESHOLD CREDIT Complete Part 2 if apportioned gross receipts are equal to or greater than $350,000 but less than $700,000. Line 23: For tax periods less than 12 months, enter annualized gross receipts. For guidance, see the “Annualizing” section at the beginning of these instructions. UBGs: To calculate the entry for this line, see the UBG guidance under line 13. Enter the sum of all members’ 12-month basis gross receipts, before eliminations, on line 23 of this form. Include completed Form 4571 as part of the tax return filing. 65 |
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Michigan Department of Treasury Attachment 10 4572 (Rev. 04-22) 2022 MICHIGAN Business Tax Charitable Contribution Credits Issued under authority of Public Act 36 of 2007. Taxpayer Name Federal Employer Identification Number (FEIN) or TR Number 1. Tax liability prior to this credit from Form 4568, line 9 ................................................................................. 1. 00 COMMUNITY AND EDUCATION FOUNDATIONS CREDIT If not claiming the Community or Education Foundations Credit, carry amount from line 1 to line 6. Code 1 Code 2 2. Enter Community and/or Education Foundation Code(s) (see instructions) ........ 2. 3. Community and Education Foundations donation amount .......................................................................... 3. 00 4. Multiply line 3 by 50% (0.50) ....................................................................................................................... 4. 00 5. Community and Education Foundations Credit. Enter the lesser of line 4, $5,000, or 5% (0.05) of the tax on Form 4567, line 53. Carry amount to Form 4568, line 10 .......................................................... 5. 00 6. Tax After Community and Education Foundations Credit. Subtract line 5 from line 1. If less than zero, enter zero ................................................................................................................................................... 6. 00 HOMELESS SHELTER/FOOD BANK CREDIT If not claiming the Homeless Shelter/Food Bank Credit, carry amount from line 6 to line 10. 7. Homeless Shelter/Food Bank cash donation amount ................................................................................. 7. 00 8. Multiply line 7 by 50% (0.50) ....................................................................................................................... 8. 00 9. Homeless Shelter/Food Bank Credit. Enter the lesser of line 8, $5,000, or 5% (0.05) of the tax on Form 4567, line 53. Carry amount to Form 4568, line 11 ........................................................................... 9. 00 10. Tax After Homeless Shelter/Food Bank Credit. Subtract line 9 from line 6. If less than zero, enter zero. (This line must be equal to Form 4568, line 12.) ......................................................................................... 10. 00 PUBLIC CONTRIBUTION CREDIT If not claiming the Public Contribution Credit, complete line 11 and carry amount to line 15. 11. Enter tax amount from Form 4568, line 16 .................................................................................................. 11. 00 12. Public Contribution donation amount........................................................................................................... 12. 00 13. Multiply line 12 by 50% (0.50) ..................................................................................................................... 13. 00 14. Public Contribution Credit. Enter the lesser of line 13, $5,000, or 5% (0.05) of line 11. Carry amount to Form 4568, line 17 ............................................................................................................ 14. 00 15. Tax After Public Contribution Credit. Subtract line 14 from line 11. If less than zero, enter zero ................ 15. 00 ARTS AND CULTURE CREDIT If not claiming the Arts and Culture Credit, carry amount from line 15 to line 20. 16. Arts and Culture donation amount (see instructions) .................................................................................. 16. 00 17. Qualified donation amount. Subtract $50,000 from line 16. If less than zero, enter zero ............................ 17. 00 18. Multiply line 17 by 50% (0.50) ..................................................................................................................... 18. 00 19. Arts and Culture Credit. Enter the lesser of line 18, $100,000, or the tax from line 15. Carry amount to Form 4568, line 18 ............................................................................................................ 19. 00 20. Tax After Arts and Culture Credit. Subtract line 19 from line 15. If less than zero, enter zero. (This line must be equal to Form 4568, line 19.) ......................................................................................... 20. 00 + 0000 2022 31 01 27 9 |
Instructions for Form 4572 Michigan Business Tax (MBT) Charitable Contribution Credits donations are made during the taxable year to public broadcast Purpose stations located in Michigan, Michigan public libraries, To allow standard taxpayers to claim the charitable contribution institutions of higher learning located in Michigan or a nonprofit credits. Credits are calculated here and then carried to the MBT corporation, fund, foundation, trust, or association organized Nonrefundable Credits Summary (Form 4568). and operated exclusively for the benefit of an institution of higher learning, the Michigan Colleges Foundation, and the NOTE: Financial institutions and insurance companies are not Michigan Housing and Community Development Fund. A eligible for these credits. taxpayer that also is subject to the Michigan Income Tax Act NOTE: Beginning January 1, 2012, only those taxpayers (PA 281 of 1967) may not claim this credit under the MBT. with a certificated credit, which is awarded but not yet fully claimed or utilized, may elect to be MBT taxpayers. If a ARTS AND CULTURE CREDIT taxpayer files an MBT return and claims a certificated credit, A partial credit is allowed when donations are made to either of the taxpayer makes the election to file and pay under the MBT the following: until the certificated credit and any carryforward of that credit • Category A: A municipality or a nonprofit corporation are exhausted. A taxpayer making a valid certificated credit affiliated with a municipality and an art, historical, or election may also claim the credits on this form. zoological institute for the purpose of benefiting the art, historical, or zoological institute, OR Special Instructions for Unitary Business Groups • Category B: An institute devoted to the procurement, care, Credits are generally earned and calculated on a group basis, study, and display of objects of lasting interest or value. unless the relevant statute contains entity-specific provisions. These credits, including the ceilings on these credits, are To calculate the Arts and Culture Credit, a taxpayer may count calculated on a group basis. aggregate contributions to the charities described in Category A above if those contributions exceed $50,000, as well as Complete one Form 4572 for the group. aggregate contributions to charities described in Category B if those contributions exceed $50,000. A taxpayer is not precluded Line-by-Line Instructions from taking the credit for donations made to both categories as Lines not listed are explained on the form. long as the taxpayer meets the minimum donation separately for Name and Account Number: Enter name and account number each category and does not exceed the overall credit limitation of as reported on page 1 of the MBT Annual Return (Form 4567). $100,000. Contributions within a category may be aggregated to reach Credits the $50,000 minimum. However, contributions made to one COMMUNITY AND EDUCATION FOUNDATIONS CREDIT category may not be aggregated with contributions to the other A partial credit is allowed when donating to the endowment to reach the $50,000 minimum. fund of a certified community foundation or education Line 16: Use the worksheet below to calculate the donation foundation. A list of certified foundations, if applicable, will amount. be posted as a Revenue Administrative Bulletin found online If aggregate contributions to Category A institutions at www.michigan.gov/treasury under “Reports and Legal exceed $50,000, enter that aggregate amount here Resources.” If a valid code is not entered, a credit will not be allowed. If donations were made to more than two foundations, If aggregate contributions to Category B institutions + attach a list referencing the additional foundations. exceed $50,000, enter that aggregate amount here = HOMELESS SHELTER/FOOD BANK CREDIT TOTAL Arts and Culture donation amount ................. A partial credit is allowed when making a cash donation to a qualifying shelter for homeless persons, food kitchen, food bank, or other entity whose primary purpose is to provide Include completed Form 4572 as part of the tax return filing. overnight accommodations, food, or meals to indigent persons. For more information, see Michigan Compiled Law 208.1427, found online at www.legislature.mi.gov. PUBLIC CONTRIBUTION CREDIT A partial credit is allowed for Corporations and Partnerships (and Limited Liability Companies federally taxed as such) when 68 |
Michigan Department of Treasury Attachment 11 4573 (Rev. 04-22), Page 1 of 3 2022 MICHIGAN Business Tax Miscellaneous Nonrefundable Credits Issued under authority of Public Act 36 of 2007. Taxpayer Name Federal Employer Identification Number (FEIN) or TR Number PART 1 - If not taking any credits in Part 1, skip to Part 2. This credit is no longer available. - Skip to line 7. 1. This credit is no longer available. Leave this line blank and skip to line 7.............................................................. 1. X X X X X X X X 00 2. This credit is no longer available. Leave this line blank and skip to line 7.............................................................. 2. X X X X X X X X 00 3. This credit is no longer available. Leave this line blank and skip to line 7.............................................................. 3. X X X X X X X X 00 This credit is no longer available. - Skip to line 7. 4. This credit is no longer available. Leave this line blank and skip to line 7.............................................................. 4. X X X X X X X X 00 5. This credit is no longer available. Leave this line blank and skip to line 7.............................................................. 5. X X X X X X X X 00 6. This credit is no longer available. Leave this line blank and skip to line 7.............................................................. 6. X X X X X X X X 00 START-UP BUSINESS CREDIT 7. Start-Up Business Credit (attach MEDC Certificate) .............................................................................................. 7. 00 8. Recapture of Start-Up Business Credit .................................................................................................................. 8. 00 9. Start-Up Business Credit. Subtract line 8 from line 7. Carry to Form 4568, line 15. If less than zero, enter as a negative number .................................................................................................................................................. 9. 00 PART 2 10. Tax from Form 4568, line 19 ................................................................................................................................... 10. 00 NEXT ENERGY BUSINESS ACTIVITY CREDIT. If not claiming, carry amount from line 10 to line 13. 11. Next Energy Business Activity Credit (attach MEDC Certificate) ........................................................................... 11. 00 12. Next Energy Business Activity Credit. Enter the lesser of line 10 or 11. Carry amount to Form 4568, line 20 .... 12. 00 13. Tax After Next Energy Business Activity Credit. Subtract line 12 from line 10........................................................ 13. 00 RENAISSANCE ZONE CREDIT. If not claiming, carry amount from line 13 to line 15. If claiming, complete and include the Renaissance Zone Credit Schedule, Form 4595. 14. Renaissance Zone Credit. Amount from Form 4595, line 25b. Carry amount to Form 4568, line 21 ................... 14. 00 15. Tax After Renaissance Zone Credit. Subtract line 14 from line 13. If less than zero, enter zero ........................... 15. 00 HISTORIC PRESERVATION CREDIT. If not claiming, carry amount from line 15 to line 18. 16. Historic Preservation Credit from Form 4584, line 28 ......................................................................................... 16. 00 17a. Recapture of Historic Preservation Tax Credit from Form 4584, line 2 .................................................................. 17a. 00 17b. Historic Preservation Credit Net of Recapture. Subtract line 17a from line 16. If less than zero, enter as a negative number. Carry to Form 4568, line 22 ......... 17b. 00 18. Tax After Historic Preservation Credit. Subtract line 16 from line 15 and add line 17a .......................................... 18. 00 LOW-GRADE HEMATITE CREDIT. If not claiming, carry amount from line 18 to line 23. 19. Current Year Credit. Multiply $1.00 by number of long tons of qualified low-grade hematite used ........................ 19. 00 20. Unused credit from previous period MBT return ..................................................................................................... 20. 00 21. Total Available Credit. Add lines 19 and 20 ............................................................................................................ 21. 00 22. Low-Grade Hematite Credit. Enter the lesser of line 18 or line 21. Carry amount to Form 4568, line 23 ............ 22. 00 23. Tax After Low-Grade Hematite Credit. Subtract line 22 from line 18 ...................................................................... 23. 00 24. Credit Carryforward. If line 21 is greater than line 18, enter the difference ........... 24. 00 NEW MOTOR VEHICLE DEALER INVENTORY CREDIT. If not claiming, carry amount from line 23 to line 28. 25. Amount paid to acquire new motor vehicle inventory in the tax year ..................................................................... 25. 00 26. Multiply line 25 by 0.25% (0.0025) ......................................................................................................................... 26. 00 27. New Motor Vehicle Dealer Inventory Credit. Enter lesser of line 23 or line 26. Carry amount to Form 4568, line 24.................................................................................................................................................. 27. 00 28. Tax After New Motor Vehicle Dealer Inventory Credit. Subtract line 27 from line 23. If less than zero, enter zero ............................................................................................................................................................ 28. 00 + 0000 2022 35 01 27 1 Continue on Page 2. |
2022 Form 4573, Page 2 of 3 FEIN or TR Number: LARGE FOOD RETAILER CREDIT. If not claiming, carry amount from line 28 to line 32. 29. Michigan compensation .......................................................................................................................................... 29. 00 30. Multiply line 29 by 1% (0.01) .................................................................................................................................. 30. 00 31. Large Food Retailer Credit. Enter lesser of line 28, line 30, or $8,500,000. Carry amount to Form 4568, line 25 ..... 31. 00 32. Tax After Large Food Retailer Credit. Subtract line 31 from line 28. If less than zero, enter zero .......................... 32. 00 MID-SIZE FOOD RETAILER CREDIT. If not claiming, carry amount from line 32 to line 36. 33. Michigan compensation .......................................................................................................................................... 33. 00 34. Multiply line 33 by 0.125% (0.00125) ..................................................................................................................... 34. 00 35. Mid-size Food Retailer Credit. Enter lesser of line 32, line 34, or $300,000. Carry amount to Form 4568, line 26 .... 35. 00 36. Tax After Mid-size Food Retailer Credit. Subtract line 35 from line 32. If less than zero, enter zero...................... 36. 00 BOTTLE DEPOSIT ADMINISTRATION CREDIT. If not claiming, carry amount from line 36 to line 40. 37. Expenses incurred in compliance with MCL 445.571 - 445.576 ............................................................................. 37. 00 38. Multiply line 37 by 30.5% (0.305) ........................................................................................................................... 38. 00 39. Bottle Deposit Administration Credit. Enter the lesser of line 36 or 38. Carry amount to Form 4568, line 27 ..... 39. 00 40. Tax After Bottle Deposit Administration Credit. Subtract line 39 from line 36. If less than zero, enter zero ........... 40. 00 MEGA FEDERAL CONTRACT CREDIT. If not claiming, carry amount from line 40 to line 42. 41. MEGA Federal Contract Credit from Form 4584, line 37. Carry amount to Form 4568, line 28 .......................... 41. 00 42. Tax After MEGA Federal Contract Credit. Subtract line 41 from line 40. If less than zero, enter zero ................... 42. 00 INDIVIDUAL OR FAMILY DEVELOPMENT ACCOUNT CREDIT. If not claiming, carry amount from line 42 to line 48. 43. Contribution amount from MSHDA certificate (attach)............................................................................................ 43. 00 44. Current Individual or Family Development Account (IFDA) Credit. Multiply amount on line 43 by 75% (0.75) ...... 44. 00 45. Unused credit from previous period MBT return ..................................................................................................... 45. 00 46. Total Available Credit. Add lines 44 and 45 ............................................................................................................ 46. 00 47. IFDA Credit. Enter the lesser of line 42 or 46. Carry to Form 4568, line 29 .......................................................... 47. 00 48. Tax After IFDA Credit. Subtract line 47 from line 42. If less than zero, enter zero.................................................. 48. 00 49. Credit Carryforward. If line 46 is greater than line 42, enter the difference ...... 49. 00 BONUS DEPRECIATION CREDIT UNUSED CARRYFORWARD. If not claiming, carry amount from line 48 to line 52. 50. Unused credit from previous MBT return ................................................................................................................ 50. 00 51. Bonus Depreciation Credit. Enter the lesser of line 48 or line 50. Carry to Form 4568, line 30 .......................... 51. 00 52. Tax After Bonus Depreciation Credit. Subtract line 51 from line 48. If less than zero, enter zero ............................ 52. 00 53. Credit Carryforward. If line 50 is greater than line 48, enter the difference ...... 53. 00 INTERNATIONAL AUTO SHOW CREDIT. If not claiming, carry amount from line 52 to line 55. 54. International Auto Show Credit. Enter the lesser of line 52 or $250,000. Carry to Form 4568, line 31 .............. 54. 00 55. Tax After International Auto Show Credit. Subtract line 54 from line 52 ................................................................. 55. 00 BROWNFIELD REDEVELOPMENT CREDIT. If not claiming, carry amount from line 55 to line 57. 56. Brownfield Redevelopment Credit from Form 4584, line 55. Carry amount to Form 4568, line 32 ............................. 56. 00 57. Tax After Brownfield Redevelopment Credit. Subtract line 56 from line 55. If less than zero, enter zero ........................ 57. 00 PRIVATE EQUITY FUND CREDIT. If not claiming, carry amount from line 57 to line 62. 58. Total activity of fund manager conducted in Michigan in the tax year .................................................................... 58. 00 59. Total activity of fund manager conducted everywhere in the tax year .................................................................... 59. 00 60. Credit percentage. Divide line 58 by line 59 ........................................................................................................... 60. % 61. Private Equity Fund Credit. Multiply line 57 by line 60. Carry amount to Form 4568, line 33 ............................. 61. 00 62. Tax After Private Equity Fund Credit. Subtract line 61 from line 57. If less than zero, enter zero .......................... 62. 00 FILM JOB TRAINING CREDIT. If not claiming, carry amount from line 62 to line 67. 63. Amount from Qualified Job Training Expenditure Certificate provided by Michigan Film Office (attach) ............... 63. 00 64. Unused credit from previous period MBT return ..................................................................................................... 64. 00 65. Total Available Credit. Add lines 63 and 64 ............................................................................................................ 65. 00 66. Film Job Training Credit. Enter the lesser of line 62 or line 65. Carry amount to Form 4568, line 34 ................. 66. 00 67. Tax After Film Job Training Credit. Subtract line 66 from line 62. If less than zero, enter zero .............................. 67. 00 68. Credit Carryforward. If line 65 is greater than line 62, enter the difference ...... 68. 00 + 0000 2022 35 02 27 9 Continue on Page 3. |
2022 Form 4573, Page 3 of 3 FEIN or TR Number: FILM INFRASTRUCTURE CREDIT. If not claiming, carry amount from line 67 to line 73. 69. Amount from Investment Expenditure Certificate provided by MI Film Office (attach) or assigned credit amount . 69. 00 70. Unused credit from previous period MBT return ..................................................................................................... 70. 00 71. Total Available Credit. Add lines 69 and 70 ............................................................................................................ 71. 00 72. Film Infrastructure Credit. Enter the lesser of line 67 or line 71. Carry amount to Form 4568, line 35 ............... 72. 00 73. Tax After Film Infrastructure Credit. Subtract line 72 from line 67. If less than zero, enter zero............................. 73. 00 74. Credit Carryforward. If line 71 is greater than line 67, enter the difference ...... 74. 00 MEGA PLUG-IN TRACTION BATTERY MANUFACTURING CREDIT. If not claiming, carry amount from line 73 to line 76. 75. MEGA Plug-In Traction Battery Manufacturing Credit from Form 4584, line 64. Carry amount to Form 4568, line 36 ..................................................................................................................................................................... 75. 00 76. Tax After MEGA Plug-In Traction Battery Manufacturing Credit. Subtract line 75 from line 73. If less than zero, enter zero ............................................................................................................................................................... 76. 00 ANCHOR COMPANY PAYROLL CREDIT. If not claiming, carry amount from line 76 to line 78. 77. Anchor Company Payroll Credit from Form 4584, line 72. Carry amount to Form 4568, line 37 ....................... 77. 00 78. Tax After Anchor Company Payroll Credit. Subtract line 77 from line 76. If less than zero, enter zero .................. 78. 00 ANCHOR COMPANY TAXABLE VALUE CREDIT. If not claiming, carry amount from line 78 to line 80. 79. Anchor Company Taxable Value Credit from Form 4584, line 80. Carry amount to Form 4568, line 38 ............ 79. 00 80. Tax After Anchor Company Taxable Value Credit. Subtract line 79 from line 78. If less than zero, enter zero ....... 80. 00 MEGA POLY-SILICON ENERGY COST CREDIT AND MISCELLANEOUS MEGA BATTERY CREDITS. If not claiming, carry amount from line 80 to line 82. 81. MEGA Poly-Silicon Energy Cost Credit and Miscellaneous MEGA Battery Credits from Form 4584, line 88. Carry amount to Form 4568, line 39 ............................................................................................................... 81. 00 82. Tax After Miscellaneous MEGA Battery Credit. Subtract line 81 from line 80. If less than zero, enter zero ........... 82. 00 + 0000 2022 35 03 27 7 |
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Instructions for Form 4573 Michigan Business Tax (MBT) Miscellaneous Nonrefundable Credits Purpose To the extent that a qualified taxpayer earning the Brownfield Redevelopment Credit or Historic Preservation Credit is To allow standard taxpayers to claim certain miscellaneous included within a UBG taxpayer for relevant tax years, nonrefundable credits. Generally, credits and any the qualified taxpayer’s unused pre-2008 Brownfield carryforwards allowed are calculated here and then carried Redevelopment Credit and/or Historic Preservation Credit to the MBT Nonrefundable Credits Summary (Form 4568). (that is, such credits earned under the Single Business Tax Review the descriptions carefully before claiming a credit as (SBT)) may be applied against the tax liability imposed on there are strict eligibility requirements. Follow the instructions the entire UBG taxpayer (of which the qualified taxpayer is a on the form for each credit. member) for the tax years the carryforward would have been NOTE: This form may also be used by financial institutions to available under SBT. These carryforwards are claimed on the claim a limited number of credits: MBT Single Business Tax Credit Carryforwards (Form 4569). • Renaissance Zone Credit Find additional information on calculating credit carryforwards • Historic Preservation Credit in the “Supplemental Instructions for Standard Members in UBGs” section in the MBT Forms and Instructions for • Individual or Family Development Account Credit Standard Taxpayers (Form 4600). • Brownfield Redevelopment Credit • Assigned Film Infrastructure Credit. Line-by-Line Instructions Insurance companies use the Miscellaneous Credits for Lines not listed are explained on the form. Insurance Companies (Form 4596) to claim credits for which they are eligible. Name and Account Number: Enter name and account number as reported on page 1 of the applicable MBT annual return NOTE: Beginning January 1, 2012, only those taxpayers with (either the MBT Annual Return (Form 4567) for standard a certificated credit, which is awarded but not yet fully claimed taxpayers or the MBT Annual Return for Financial Institutions or utilized, may elect to be MBT taxpayers. (Form 4590)). Fiscal Year Filers: All credits must be calculated using UBGs: Complete one form for the group. Enter the DM’s name actual numbers from the period included on this return. For and account number. more information, see “Supplemental Instructions for Standard Fiscal MBT Filers” in the MBT Forms and Instructions for UBG NOTE: If the eligible taxpayer is a member of a UBG, Standard Taxpayers (Form 4600). a pro forma calculation must be performed to determine the tax liability of the eligible taxpayer prior to this credit. Where Special Instructions for Unitary Business a pro forma calculation is required, the underlying objective Groups is to determine what the tax liability of the UBG member generating the credit would have been if that member was not Credits are earned and calculated on either an entity-specific or included in the UBG. Therefore, the UBG member generating group basis, as determined by the relevant statutory provisions the credit must calculate its pro forma tax liability as if it was for the respective credits. Intercompany transactions are not a singular, stand alone taxpayer in all aspects. This supporting eliminated for the calculation of most credits. Credits earned or calculation should be provided in a statement attached to this calculated on either an entity-specific or group basis by Unitary form. However, this calculation should never be transferred to a Business Group (UBG) members are generally applied against Form 4567 or displayed as such. the tax liability of the UBG, unless otherwise specified by statute or these instructions. PART 1 Entity-specific provisions are applied on a member-by-member If not taking any credits in Part 1, skip to Part 2. basis and are addressed in the “Line-by-Line Instructions.” Lines 1-3: For tax years ending after December 31, 2016, the In none of these cases does a taxpayer that is a UBG take the NASCAR Speedway Credit is no longer available. organization type of its parent, Designated Member (DM), or any other member of the UBG. A UBG taxpayer will not be Lines 4-6: For tax years ending after December 31, 2012, the attributed an organization type based on the composition of its NASCAR Stadium Credit is no longer available. members. Start-Up Business Credit If any member of the UBG is eligible for an entity-specific The Start-Up Business Credit provides a credit for small, credit, a statement must be attached to the form identifying the relatively new taxpayers with substantial research and eligible member and any information requested for the credit. development activity. For a qualified taxpayer, the credit is If more than one member is eligible, requested information equal to the taxpayer’s MBT liability for the year. To qualify, a should be provided in the statement on a per member basis. The taxpayer must apply to and obtain annual certification from the total amount from all eligible members should be entered on Michigan Economic Development Corporation (MEDC), and each corresponding line on the form. attach that certificate to its MBT return. For an application form 73 |
or additional information, call the MEDC at (517) 373-9808. UBGs: See guidance on pro forma calculations in the UBG note earlier in these instructions. For the tax year for which a Start-Up Business Credit is claimed, compensation, director fees, or distributive shares Line 8: Enter any recapture of Start-Up Business Credit. paid by the taxpayer to any one of the following cannot exceed $135,000: NOTE: A company claiming the Start-Up Business Credit under either MBT or SBT must pay back a portion of the credit • A shareholder of a C Corporation or S Corporation. if they have no business activity in Michigan and have business Shareholder means a person who owns outstanding stock in activity outside of Michigan within three years after the last a business or is a member of a business entity (for example, tax year in which the credit was taken. The following amounts an LLC) that files as a corporation for federal income tax must be added to the tax liability: purposes. All members of a shareholder’s family, as defined by Internal Revenue Code (IRC) § 318(a)(1), that receive • 100 percent of the total of all credits claimed if the move is compensation from the business are considered shareholders. within the first tax year after the last tax year for which a credit is claimed. • An officer of a C Corporation. • 67 percent of the total of all credits claimed if the move is • A partner of a Partnership or Limited Liability Partnership. within the second tax year after the last tax year for which a • A member of a Limited Liability Company (LLC). credit is claimed. • An Individual who is an owner. • 33 percent of the total of all credits claimed if the move is within the third tax year after the last tax year for which a Officer means an officer of a corporation other than a credit is claimed. subchapter S corporation, including all of the following: (a) The chairperson of the board, (b) The president, vice PART 2 president, secretary, or treasurer of the corporation or board, Next Energy Business Activity Credit (c) Persons performing similar duties and responsibilities to The Next Energy Business Activity Credit allows an eligible persons described in subdivisions (a) and (b) that include, at a taxpayer to claim a credit for certain qualified business activity minimum, major decision making. if certified under the Michigan Next Energy Authority Act. Corporations (and LLCs federally taxed as such) must report Qualified business activity is research, development, or compensation and director fees of shareholders and (if a C manufacturing of an alternative energy marine propulsion Corporation) officers on the MBT Schedule of Shareholders system, an alternative energy system, an alternative energy and Officers (Form 4577) and include it as part of the return. vehicle, alternative energy technology, or renewable fuel (as Partnerships (and LLCs federally taxed as such) must report defined in the Michigan Next Energy Authority Act). distributive shares to partners on the MBT Schedule of Partners (Form 4578) and include it as part of the return. Line 11: Attach the certificate issued by MEDC for this credit to the return to substantiate a claim. (If the certificate is not A taxpayer that meets the criteria and that is a qualified start-up attached, the credit will be disallowed.) business that does not have business income for two consecutive tax years may claim a credit against the tax imposed for the UBGs: If the eligible taxpayer is a member of a UBG, the second of those two consecutive tax years and each immediately eligible member’s calculated pro forma liability (not the group’s following consecutive tax year in which the taxpayer does not liability) must be used to determine the credit amount certified have business income. For the purposes of this credit, business by the MEDC. This supporting pro forma calculation should income excludes funds received from small business innovation be provided in a statement attached to this form. See guidance research grants and small business technology transfer programs on pro forma calculations in the UBG note earlier in these established under the Small Business Innovation Development instructions. Act of 1982, Public Law 97-219, reauthorized under the Small For more information, call the MEDC at (517) 373-9808 or visit Business Research and Development Enhancement Act, Public the MEDC Web site at http://www.michiganadvantage.org/. Law 102-564, and subsequently reauthorized under the Small Business Reauthorization Act of 2000, Public Law 106-554. Renaissance Zone Credit A Start-Up Business Credit cannot be claimed for more than The Renaissance Zone Credit encourages businesses and a total of five tax years including the number of years the individuals to help revitalize a designated Zone. taxpayer was eligible to claim the credit under SBT. Line 14: Complete and include the MBT Renaissance Zone UBGs: If the eligible taxpayer is a member of a UBG, this Credit Schedule (Form 4595) to claim this credit. credit is based on the eligible member’s business activity only. NOTE the changed instructions for certain taxpayers for line This credit amount is limited to the pro forma tax liability 24 of Form 4595. calculated for the eligible taxpayer for that tax year. The resulting credit amount is then applied towards the UBG’s tax If located in more than one zone, complete and include a liability for that tax year. separate Form 4595 for each zone. Add line 25b from each Form 4595 and enter the sum on line 14 of Form 4573. Line 7: Enter the tax liability from Form 4568, line 12, or the eligible member’s pro forma liability if part of a UBG. Attach NOTE: Beginning January 1, 2012, certain renaissance zone supporting MEDC Certification Letter. credits are available as a certificated credit. A certificated renaissance zone credit must be claimed beginning with the 74 |
taxpayer’s first tax year ending after December 31, 2011, in production of pig iron or steel, that is the business activity of order for the taxpayer to remain taxable under the MBT and the taxpayer. If the credit exceeds the tax liability, the excess claim the credit. may be carried forward for five years. For more information see Form 4595. UBGs: The credit is calculated from the aggregate tonnage of qualified low-grade hematite pellets consumed by all UBG For more information on Renaissance Zones, contact your local members in an industrial or manufacturing process. tax assessor. For information on the MBT credit, contact the Michigan Department of Treasury, Customer Contact Division, Line 19: Low-grade hematite means any hematitic iron MBT Unit, at 517-636-6925. formation that is not of sufficient quality in its original mineral state to be mined and shipped for the production of Historic Preservation Credit pig iron or steel without first being drilled, blasted, crushed, The Historic Preservation Credit provides tax incentives for and ground very fine to liberate the iron minerals and for homeowners, commercial property owners, and businesses which additional beneficiation and agglomeration are required to rehabilitate historic resources located in Michigan. to produce a product of sufficient quality to be used in the Rehabilitation projects must be certified by the State Historic production of pig iron or steel. Qualified low-grade hematite Preservation Office (SHPO). must be produced from low-grade hematitic iron ore mined in NOTE: Beginning January 1, 2012, the historic preservation the United States. credit is available to the extent that a taxpayer had a Part Line 20: UBGs: Enter the carryforward amount from Form 2 approval, approved rehabilitation plan, approved high 4580, Part 2B, line 51, column C. community impact rehabilitation plan or preapproval letter by December 31, 2011, but has not fully claimed the credit Line 24: If line 21 is greater than line 18, enter the difference. before January 1, 2012. The credit may be claimed as either This is a credit carryforward to be used on the taxpayer’s a refundable accelerated credit (on Form 4889) or a non- immediately following MBT return. refundable credit. Non-refundable credits and non-refundable New Motor Vehicle Dealer Inventory Credit carryforwards of the credit are claimed here. A taxpayer may A taxpayer that is a new motor vehicle dealer licensed under elect to claim a certificated historic preservation credit in the the Michigan vehicle code, Michigan Compiled Law (MCL) year in which a credit is available and will be taxable under 257.1 to 257.923, may claim a credit against the tax equal to the MBT until the qualifying credit and any carryforward of 0.25 percent of the amount paid by the taxpayer to acquire new the credit are extinguished. The credit must first be claimed in motor vehicle inventory in Michigan during the tax year. the year that the certificate of completed rehabilitation of the historic resource was issued. Line 25: New motor vehicle inventory means new motor Line 16: Complete the MBT Election of Refund or vehicles or new motor vehicle parts. Carryforward of Credits (Form 4584) to claim this credit and Large Food Retailer Credit elect a carryforward of any excess credit. An eligible taxpayer may claim a Large Food Retailer Credit Line 17a: Recapture from Form 4584, Line 2. If the resource equal to 1 percent of the taxpayer’s compensation in Michigan, is sold or the certification of completed rehabilitation or not to exceed $8,500,000. A taxpayer that claims a Large Food preapproval letter is revoked less than five years after the Retailer Credit cannot also claim a Mid-Size Food Retailer historic resource is placed in service, a percentage of the credit Credit. may be subject to recapture. The taxpayer must meet all of the following criteria: 100 percent If less than 1 year • Operates at least 17,000,000 square feet of enclosed retail space and 2,000,000 square feet of enclosed warehouse space 80 percent If at least 1 year, but less than 2 years in Michigan. 60 percent If at least 2 years, but less than 3 years • Sells all of the following at retail: 40 percent If at least 3 years, but less than 4 years ○ Fresh, frozen, or processed food; food products; or 20 percent If at least 4 years, but less than 5 years consumable necessities. ○ Prescriptions and over-the-counter medications. Questions regarding federal and State certification may be directed to SHPO at (517) 373-1630. For additional information, ○ Health and beauty care products. visit the SHPO Web site at www.michigan.gov/shpo. ○ Cosmetics. Information about Federal Historic Preservation Tax Incentives ○ Pet products. is available at www.nps.gov/hps/tps/tax/index.htm. ○ Carbonated beverages. Low-Grade○ Beer, wine, or liquor. Hematite Credit The Low-Grade Hematite Credit provides a credit equal to • Sales of the items listed above represent more than one dollar per long ton of qualified low-grade hematite pellets 35 percent of the taxpayer’s total sales in the tax year. consumed in an industrial or manufacturing process, a process in which low-grade hematite is used as a raw material in the • Maintains its headquarters operation in Michigan. Line 29: Enter compensation attributable to Michigan. 75 |
UBGs: If the eligible taxpayer is a UBG, enter the order for the taxpayer to remain taxable under the MBT and compensation attributable to Michigan for the entire UBG. claim the credit. Mid-Size Food Retailer Credit Line 41: Complete Form 4584 to claim this credit and elect a An eligible taxpayer may claim a Mid-Size Food Retailer refund or carryforward of any excess credit. Credit equal to 0.125 percent of the taxpayer’s compensation in For more information, contact MEDC at 517-373-9808 Michigan, not to exceed $300,000. or visit the MEDC Web site at michiganadvantage.org/ The taxpayer must meet all of the following criteria: MIAdvantage/Taxes-and-Incentives. • Operates at least 2,500,000 square feet of enclosed retail Individual or Family Development Account Credit space and 1,400,000 square feet of enclosed warehouse, A taxpayer or qualified financial institution may claim a credit headquarters, and transportation services in Michigan. for 75 percent of certified contributions made to a reserve fund • Sells all of the following at retail: of a fiduciary organization in accordance with the Individual ○ Fresh, frozen, or processed food; food products; or or Family Development Account Program Act, MCL 206.701 consumable necessities. to 206.711. A fiduciary organization is a 501(c)(3) exempt, ○ Prescriptions and over-the-counter medications. charitable organization approved by the Michigan State Housing Development Authority (MSHDA) to manage a reserve fund. A ○ Health and beauty care products. reserve fund is a fund established and managed by a fiduciary ○ Cosmetics. organization housed at a financial institution. ○ Pet products. This credit is nonrefundable but may be carried forward up ○ Carbonated beverages. to ten years. The credit may not exceed $1 million annually ○ Beer, wine, or liquor. for all taxpayers. The determination of whether the annual limit is reached will be made by MSHDA, which must certify • Sales of the items listed above represent more than 35 contributions eligible for a credit, in accordance with the percent of the taxpayer’s total sales in the tax year. Individual or Family Development Account Program Act. • Maintains its headquarters operation in Michigan. Attach the certificate issued by MSHDA for this credit to the Line 33: Enter compensation attributable to Michigan. return to substantiate a claim. (If the certificate is not attached, UBGs: If the eligible taxpayer is a UBG, enter the the credit will be disallowed.) compensation attributable to Michigan for the entire UBG. NOTE: For purposes of this credit, qualified financial institution is defined by reference to the definition of financial Bottle Deposit Administration Credit institution in the Individual or Family Development Account An eligible taxpayer may claim a Bottle Deposit Program Act, rather than the MBT Act. Financial institution Administration Credit equal to 30.5 percent of the taxpayer’s for this credit is defined as “a state chartered bank, state expenses incurred during the tax year to comply with MCL chartered savings bank, savings and loan association, credit 445.571 to 445.576. Eligible taxpayer means a distributor union, or trust company; or a national banking association or or manufacturer who originates a deposit on a beverage federal savings and loan association or credit union.” container in accordance with MCL 445.571 to 445.576. Line 45: UBGs: Standard taxpayers, enter the unused credit Beverage container and distributor mean those terms as amount from Form 4580, Part 2B, line 52, column C. Financial defined under MCL 445.571 to 445.576. institutions, enter the combined total of carryforward amounts UBGs: If the eligible taxpayer is a member of a UBG, enter reported on the UBG Combined Filing Schedule for Financial expenses incurred only by that eligible member. If multiple Institutions (Form 4752), line 30, by all members of the group. members of a UBG are eligible taxpayers, combine the Bonus Depreciation Credit expenses of those eligible members. For tax years starting after 2010, only unused carryforward of MEGA Federal Contract Credit the Bonus Depreciation Credit can be used. This credit is available for a qualified taxpayer or collective Line 50: Enter the unused credit amount from previous year. group of taxpayers that have been awarded a federal UBGs: Enter the unused credit amount from Form 4580, Part procurement contract from the U.S. Department of Defense, 2B, line 53, column C. Department of Energy, or Department of Homeland Security resulting in a minimum of 25 new full-time jobs. International Auto Show Credit NOTE: Beginning January 1, 2012, this credit is available as A taxpayer who owns, operates, or controls an international a certificated credit to the extent that the taxpayer has entered auto show in Michigan that meets certain criteria may claim into an agreement with MEGA by December 31, 2011, but a credit. An international auto show must meet all of the the credit has not been fully claimed or paid prior to January following criteria: 1, 2012. This credit must be claimed beginning with the • Promote, advertise, or display the design or concept of taxpayer’s first tax year ending after December 31, 2011, in 76 |
products that are designed, manufactured, or produced, in the tax year. whole or in part, in this State and are available for sale to the Eligible taxpayer means a taxpayer that is a private equity general public. fund which serves as a conduit for the investment of private • Use more than 100,000 square feet of floor space. securities not listed on a public exchange by accredited • Be open to the general public for at least seven consecutive investors or qualified purchasers at any time during which the days in a calendar year. investment is acquired or subsequently used to claim the credit • Have attendance exceeding 500,000. under this section. • Have more than 3,000 credentialed journalists, including Accredited investor means that term as defined under Section 2 international journalists, who attend the auto show. of the Securities Act of 1933, 15 USC 77b. A taxpayer claiming the International Auto Show Credit must Qualified purchaser means that term as defined under maintain in its records proof that the international auto show Section 2 of the Investment Company Act of 1940, 15 United satisfies all of the above criteria. States Code (USC) 80a-2. Line 54: The credit is equal to the qualified taxpayer’s entire Line 58: Private equity fund manager means the person or MBT liability or $250,000, whichever is less. persons responsible for the management of the investments of UBGs: If the eligible taxpayer is a member of a UBG, a pro the eligible taxpayer. forma tax calculation must be attached showing the individual For purposes of this credit, the location of the activity of the member’s tax liability. This credit is equal to the lesser of the private equity fund manager is based on the location of the member’s entire MBT liability or $250,000, whichever is less. office from which the fund manager conducts management See guidance on pro forma calculations in the UBG note earlier activity for the eligible taxpayer. in these instructions. UBGs: If the eligible taxpayer is a member of a UBG, enter only Brownfield Redevelopment Credit the activity of the eligible fund manager conducted in Michigan. The Brownfield Redevelopment Credit encourages businesses Line 59: If the eligible taxpayer is a member of a UBG, to make investment on eligible Michigan property that was enter only the activity of the eligible fund manager conducted used or is currently used for commercial, industrial, public, or everywhere. residential purposes and is either a facility (environmentally contaminated property), functionally obsolete, or blighted. Line 61: If the taxpayer engages in both private equity fund NOTE: Beginning January 1, 2012, the Brownfield activities as well as other activities, the amount on line 70 redevelopment credit may be claimed as a certificated credit if cannot be used. Instead, the taxpayer must do a pro forma a taxpayer has a preapproval letter by December 31, 2011, but calculation of the tax before this credit based solely on the has not fully claimed the credit by January 1, 2012. The credit private equity fund activities. may be claimed as either a refundable accelerated credit (on UBGs: To the extent that a private equity fund is part of Form 4889) or a non-refundable credit. Non-refundable credits a UBG, the Private Equity Fund Credit is equal to the tax and non-refundable carryforwards of the credit are claimed liability of the eligible member prior to this credit, multiplied here. The credit must first be claimed in the year in which the by a fraction which is the Michigan activities of the manager certificate of completion is issued. over the activities of the manager everywhere. A pro forma A taxpayer claiming a nonrefundable certificated brownfield calculation must be performed to determine the tax liability credit may make the election in the year in which a credit is of the eligible UBG member prior to this credit. See guidance available and will remain taxable under the MBT until the on pro forma calculations in the UBG note earlier in these qualifying credit and any carryforward of the credit are instructions. extinguished. Film Job Training Credit Line 56: Complete Form 4584 to claim this credit and elect a An eligible production company may claim a credit of up to carryforward of any excess credit. 50 percent of qualified job training expenditures in film and The administration of the Brownfield Redevelopment Credit digital media for qualified personnel, provided the taxpayer program is assigned to MEGA. For more information on the enters into an agreement with the Michigan Film Office, approval process, contact the MEDC at 517-373-9808. concurred in by the State Treasurer. If the credit exceeds the taxpayer’s tax liability for the tax year, the excess may be Private Equity Fund Credit carried forward to offset tax liability in subsequent years for a An eligible taxpayer may claim a Private Equity Fund Credit maximum of ten years. equal to the eligible taxpayer’s tax liability attributable to the Line 63: Upon verification that the taxpayer has complied activities as an eligible taxpayer for the tax year after claiming with the agreement terms and the qualified job training any other credits allowed under the MBT Act multiplied by expenditures and eligibility are met, the Film Office will issue a fraction, the numerator of which is the total activity of the a Qualified Job Training Expenditure Certificate verifying the private equity fund manager conducted in Michigan during the amount of the credit to be claimed. The certificate must be tax year and the denominator of which is the total activity of attached to the return to receive the credit. the private equity fund manager conducted everywhere during 77 |
NOTE: To qualify for the credit, a taxpayer must not be in the base investment, that taxpayer must recapture part of the delinquent in a tax or other obligation owed to Michigan nor be credit in the year of disposition. Credit recapture is reported on owned or under common control of an entity that is delinquent. Form 4587. A credit cannot be claimed for any direct expenditure for which Line 70: UBGs: Standard taxpayers, enter the unused credit a Film Production Credit was claimed for either an MBT or amount from Form 4580, Part 2B, line 56, column C. Financial withholding tax liability. institutions, enter the combined total of carryforward amounts Line 64: UBGs: Enter the unused credit amount from Form reported on Form 4752, line 32, by all members of the group. 4580, Part 2B, line 55, column C. Line 74: If line 71 is greater than line 67, enter the difference. Line 68: If line 65 is greater than line 62, enter the difference. This is a credit carryforward to be used on the taxpayer’s next This is a credit carryforward to be used on the taxpayer’s next MBT return. MBT return. For more information, contact the Michigan Film For more information, contact the Michigan Film Office at 1-800-477-3456 or visit the Web site at Office at 1-800-477-3456 or visit the Web site at www.michiganfilmoffice.org. www.michiganfilmoffice.org. MEGA Plug-In Traction Battery Manufacturing Credit Film Infrastructure Credit The MEGA Plug-In Traction Battery Manufacturing Credit An eligible taxpayer may claim a credit for investment in encourages investment in the development, manufacture, a qualified film and digital media infrastructure project of commercialization, and affordability of advanced automotive up to 25 percent of the base investment expenditures for the high-power energy batteries. The credit is available only to a project, provided the taxpayer enters into an agreement with taxpayer that has entered into an agreement with MEGA that the Michigan Film Office, concurred in by the State Treasurer. provides that the taxpayer will manufacture plug-in traction The credit is reduced by the amount of any Brownfield battery packs in Michigan. The taxpayer must attach the Redevelopment Credit claimed under Section 437 of the MEGA certificate to the MBT annual return on which the MBT Act for the same base investment. If the credit exceeds credit is claimed. the taxpayer’s tax liability for the tax year, the excess may be carried forward to offset tax liability in subsequent years for a For tax years ending after December 31, 2014, this credit maximum of ten years. is no longer available. However, unused credit from the immediately preceding tax year may still be claimed, if Upon verification that the taxpayer has complied with the available. agreement terms and investment expenditures and eligibility are met, the Film Office will issue an Investment Expenditure NOTE: Beginning January 1, 2012, this credit is available as a Certificate stating the amount of the credit. The certificate must certificated credit to the extent that the taxpayer has entered into be attached to the return. an agreement with MEGA by December 31, 2011, but the credit has not been fully claimed or paid prior to January 1, 2012. This The credit may be assigned in the tax year in which the credit must be claimed beginning with the taxpayer’s first tax Investment Expenditure Certificate is received but any such year ending after December 31, 2011, in order for the taxpayer to assignment is irrevocable. The MBT Film Credit Assignment remain taxable under the MBT and claim the credit. (Form 4589) must be attached to the return on which the credit is claimed. For more information, contact MEDC at (517) 373-9808 or visit the MEDC Web site at http://www.michiganadvantage.org/. An assigned credit amount must be claimed against the assignee’s MBT liability during the assignee’s tax year in Line 75: For tax years ending after December 31, 2014, the which the credit was assigned. MEGA Plug-In Traction Battery Manufacturing Credit is no longer available. Complete Form 4584 to claim any NOTE: Beginning January 1, 2012, this credit is available as unused credit from the immediately preceding tax year, if a certificated credit to the extent that the taxpayer has entered available. into an agreement with the Michigan Film Office with the concurrence of the State Treasurer by December 31, 2011, but Anchor Company Payroll Credit the credit has not been fully claimed or paid prior to January 1, This credit is available for a qualified taxpayer that was 2012. This credit must be claimed beginning with the taxpayer’s designated by MEGA as an anchor company within the last first tax year ending after December 31, 2011, in order for the five years and that has influenced a new qualified supplier or taxpayer to remain taxable under the MBT and claim the credit. customer to open, locate, or expand in Michigan. NOTE: To qualify for the credit, a taxpayer must not be NOTE: Beginning January 1, 2012, this credit is available as delinquent in a tax or other obligation owed to Michigan nor be a certificated credit to the extent that the taxpayer has entered owned or under common control of an entity that is delinquent. into an agreement with MEGA by December 31, 2011, but A credit cannot be claimed for any direct expenditure for which the credit has not been fully claimed or paid prior to January a Film Production Credit was claimed against either an MBT or 1, 2012. This credit must be claimed beginning with the withholding tax liability. taxpayer’s first tax year ending after December 31, 2011, in order for the taxpayer to remain taxable under the MBT and If the taxpayer originally awarded this credit sells or otherwise claim the credit. disposes of any tangible assets, the cost of which were included 78 |
Line 77: Complete Form 4584 to claim this credit and elect a refund or carryforward of any excess credit. For more information, contact the MEDC at 517-373-9808 or visit the MEDC Web site at http://www.michiganadvantage. org/. Anchor Company Taxable Value Credit This credit is available for a qualified taxpayer that was designated by MEGA as an anchor company within the last five years and that has influenced a new qualified supplier or customer to open, locate, or expand in Michigan. NOTE: Beginning January 1, 2012, this credit is available as a certificated credit to the extent that the taxpayer has entered into an agreement with MEGA by December 31, 2011, but the credit has not been fully claimed or paid prior to January 1, 2012. This credit must be claimed beginning with the taxpayer’s first tax year ending after December 31, 2011, in order for the taxpayer to remain taxable under the MBT and claim the credit. Line 79: Complete Form 4584 to claim this credit and elect a refund or carryforward of any excess credit. For more information, contact the MEDC at (517) 373-9808 or visit the MEDC Web site at http://www.michiganadvantage. org/. MEGA Poly-Silicon Energy Cost Credit and Miscellaneous MEGA Battery Credits NOTE: Beginning January 1, 2012, these credits are available as certificated credits to the extent that the taxpayer has entered into an agreement with MEGA by December 31, 2011, but the credit has not been fully claimed or paid prior to January 1, 2012. These credits must be claimed beginning with the taxpayer’s first tax year ending after December 31, 2011, in order for the taxpayer to remain taxable under the MBT and claim the credit. Line 81: Complete Form 4584 to claim these credits and elect a refund or carryforward of any excess credit, and to apply unused carryforwards of these credits from the immediately preceding tax year. The miscellaneous MEGA battery credits on this line include the MEGA Poly-Silicon Energy Cost Credit, MEGA Plug- in Traction Battery Integration Credit, MEGA Battery Manufacturing Facility Credit, MEGA Large Scale Battery Credit, and/or MEGA Advanced Lithium Ion Battery Credit. The following credits are no longer available for tax years ending after the associated date. Complete Form 4584 to claim any unused credit from the immediately preceding tax year, if available. • MEGA Advanced Battery Engineering Credit — December 31, 2014. • MEGA Advanced Lithium Ion Battery Credit — December 31, 2016. • MEGA Large Scale Battery Credit --December 31, 2017. Include completed Form 4573 as part of the tax return filing. 79 |
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Michigan Department of Treasury Attachment 14 4574 (Rev. 04-22) 2022 MICHIGAN Business Tax Refundable Credits Issued under authority of Public Act 36 of 2007. Taxpayer Name Federal Employer Identification Number (FEIN) or TR Number PERSONAL PROPERTY TAX CREDIT. If not claiming this credit, skip to line 8. 1. Property taxes paid on eligible industrial personal property in the current MBT tax year (see instructions) .......... 1. 00 2. Multiply line 1 by 35% (0.35) .................................................................................................................................. 2. 00 3. Property taxes paid on eligible telephone personal property in the current MBT tax year (see instructions) .......... 3. 00 4. Multiply line 3 by 13.5% (0.135) ............................................................................................................................. 4. 00 5. Property taxes paid on eligible natural gas pipeline property in the current MBT tax year (see instructions) ........ 5. 00 6. Multiply line 5 by 10% (0.10) .................................................................................................................................. 6. 00 7. Personal Property Tax Credit. Add lines 2, 4 and 6 ............................................................................................ 7. 00 WORKER’S DISABILITY SUPPLEMENTAL BENEFIT (WDSB) CREDIT. If not claiming this credit, skip to line 9. 8. WDSB Credit allowed by the Workers’ Compensation Agency ............................................................................. 8. 00 NEXT ENERGY PAYROLL CREDIT. Available only to businesses located within an alternative energy renaissance zone. If not claiming this credit, skip to line 12. 9. Enter alternative energy renaissance zone property information below: Street Address City Parcel Number 10. Total payroll of research, development or manufacturing employees who work primarily within the zone ............ 10. 00 11. Next Energy Payroll Credit. Multiply line 10 by 4.25% (0.0425) ......................................................................... 11. 00 MEGA EMPLOYMENT TAX CREDIT. If not claiming this credit, skip to line 15. 12. Credit amount from MEDC Annual Tax Credit Certificate (attach) ......................................................................... 12. 00 CREDIT NO LONGER AVAILABLE. 13. This credit is no longer available. Leave this line blank and skip to line 15 ........................................................... 13. X X X X X X X X 00 CREDIT NO LONGER AVAILABLE. 14. This credit is no longer available. Leave this line blank and skip to line 15 ........................................................... 14. X X X X X X X X 00 FARMLAND PRESERVATION CREDIT. If not claiming this credit, skip to line 16. 15. Credit amount from Form 4594, line 29 .................................................................................................................. 15. 00 MEGA FEDERAL CONTRACT CREDIT. If not claiming this credit, skip to line 17. 16. Credit amount from Form 4584, line 35a ................................................................................................................ 16. 00 MEGA PHOTOVOLTAIC TECHNOLOGY CREDIT. If not claiming this credit, skip to line 18. 17. Credit amount from Certificate provided by MEDC (attach) or assigned credit amount ......................................... 17. 00 FILM PRODUCTION CREDIT. If not claiming this credit, skip to line 20. 18. Credit amount from Post-Production Certificate of Completion provided by Michigan Film Office (attach) or assigned credit amount (see instructions) .......................................................................................................... 18. 00 CREDIT NO LONGER AVAILABLE. 19. This credit is no longer available. Leave this line blank and skip to line 20 ........................................................... 19. X X X X X X X X 00 ANCHOR COMPANY PAYROLL CREDIT. If not claiming this credit, skip to line 21. 20. Credit amount from Form 4584, line 70a ................................................................................................................ 20. 00 ANCHOR COMPANY TAXABLE VALUE CREDIT. If not claiming this credit, skip to line 22. 21. Credit amount from Form 4584, line 78a ............................................................................................................... 21. 00 MEGA POLY-SILICON ENERGY COST CREDIT AND MISCELLANEOUS MEGA BATTERY CREDITS. If not claiming this credit, skip to line 23. 22. Credit amount from Form 4584, line 86a ................................................................................................................ 22. 00 TOTAL REFUNDABLE CREDITS 23. Add lines 7, 8, 11, 12, 15, 16, 17, 18, 20, 21 and 22. Enter total here and carry to Form 4567, line 64; or Form 4590, line 37 ................................................................................................................................. 23. 00 + 0000 2022 39 01 27 3 |
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Instructions for Form 4574 Michigan Business Tax (MBT) Refundable Credits Purpose Line-by-Line Instructions To allow standard taxpayers to claim certain credits. Unless Lines not listed here are explained on the form. otherwise specified, if the amount of the credit exceeds the NOTE: Although qualification for certain credits is reviewed tax liability of the taxpayer for the tax year, that excess is and approved by MEGA, in many cases the certificates for such refunded. credits are issued by the Michigan Economic Development NOTE: This form may also be used by financial institutions to Corporation (MEDC). claim a limited number of credits: Name and Account Number: Enter name and account number • Michigan Economic Growth Authority (MEGA) Employment as reported on page 1 of the applicable MBT annual return Tax Credit. (either the MBT Annual Return (Form 4567) for standard taxpayers or the MBT Annual Return for Financial Institutions • Assigned MEGA Photovoltaic Technology Credit. (Form 4590)). • Assigned Film Production Credit. UBGs: Complete one form for the group. Enter the DM name Insurance companies use the Miscellaneous Credits for in the Taxpayer Name field and the DM account number in the Insurance Companies (Form 4596) to claim credits for which Federal Employer Identification Number (FEIN) field. they are eligible. Personal Property Tax Credit NOTE: Refunds of the Brownfield Redevelopment Credit and The Personal Property Tax Credit is available against Historic Preservation Credit are no longer available on Form personal property taxes paid in the tax year on eligible 4574. Taxpayers may apply for an accelerated payment of the industrial personal property, eligible telephone personal qualified credits by filing the Request for Accelerated Payment property, and eligible natural gas pipeline property. The for the Brownfield Redevelopment Credit and the Historic Personal Property Tax Credit is available only to the Preservation Credit (Form 4889). taxpayer who timely files the required statements or reports, NOTE: Beginning January 1, 2012, only those taxpayers with to whom an assessment or bill is issued, and who pays the a certificated credit, which is awarded but not yet fully claimed taxes in the tax year. A taxpayer that disagrees with the or utilized, may elect to be MBT taxpayers. assessor’s classification of property must pursue a change of classification through the property tax appeals process. Fiscal Year Filers: See “Supplemental Instructions for Treasury will not revise a property classification for purposes Standard Fiscal MBT Filers” in the MBT Forms and of these credits. Instructions for Standard Taxpayers (Form 4600). Line 1: Eligible industrial personal property is property Special Instructions for Unitary Business Groups classified as industrial personal property under Section 34c of the General Property Tax Act (Michigan Compiled Law (MCL) Credits are earned and calculated on either an entity-specific or 211.34c). Under MCL 211.34c, the assessor is charged with the a group basis, as determined by relevant statutory provisions responsibility of classifying property. The taxes must have for the respective credits. Inter-company transactions are not been levied after December 31, 2007, and the taxes must have eliminated for the calculation of most credits. Credits earned or been paid during the tax year included in this return. calculated on either an entity-specific or group basis by Unitary Business Group (UBG) members are generally applied against Line 3: Eligible telephone personal property is defined as personal property of a telephone company subject to the tax the tax liability of the UBG, unless otherwise specified by levied under MCL 207.1 to 207.21. The taxes on this property statute or these instructions. must have been paid during the tax year included in this return. Entity-specific provisions are applied on a member-by-member basis. In none of these cases does a taxpayer that is a UBG Line 4: For eligible telephone personal property levied and paid in the tax year the credit is equal to 13.5 percent of the take the organization type of its parent, Designated Member taxes paid. (DM), or any member of the UBG. A UBG taxpayer will not be attributed an organization type based on the composition of its Line 5: Eligible natural gas pipeline property is defined as members. natural gas pipelines that are classified as utility personal property under Section 34c of the General Property Tax Act and If any member of the UBG is eligible for an entity-specific are subject to regulation under the Natural Gas Act. The taxes credit, a statement must be attached to the form identifying the must have been levied after December 31, 2007, and the taxes eligible member and any information requested for the credit. must have been paid during the tax year included in this return. If more than one member is eligible, requested information should be provided in the statement on a per member basis. The Line 7: The taxpayer claiming a Personal Property Tax Credit total amount from all eligible members should be entered on must attach to the MBT return copies of property tax bills each corresponding line on this form. Line-by-line instructions that properly identify “eligible” property and provide proof of indicate credits requiring entity-specific information. payment of the tax in the tax year. 83 |
UBGs: Add up the property tax bills for all members and enter credit has been claimed or could have been claimed under SBT. the total amount on the corresponding line. The requested A taxpayer that claimed a credit under either SBT or MBT that tax bills and proof of payment for each member claiming the had an agreement with MEGA based on qualified new jobs as Personal Property Tax Credit should be attached to the group’s defined in the MEGA Act, and that removes 51 percent or more annual return. of those qualified new jobs from Michigan within three years Workers’ Disability Supplemental Benefit (WDSB) Credit after the first year in which the taxpayer claimed a credit, must The WDSB Credit is available to self-insured taxpayers for pay back an amount equal to the total of all credits claimed no the amount authorized by the Department of Licensing and later than 12 months after those qualified new jobs are removed Regulatory Affairs (LARA) during the tax year. The amount of from Michigan. Recapture is reported on Form 4587. the credit is provided to taxpayers by LARA. For more information, contact MEDC at 1-888-522-0103 or For more information on WDSB credit eligibility, contact visit the MEDC Web site at http://www.michiganadvantage. LARA, Workers’ Compensation Agency at (517) 322-1879 org/. or 1-888-396-5041, or visit the LARA Web site at Line 12: Approved businesses receive a certificate from www.michigan.gov/lara. MEGA each year showing the total amount of tax credit Line 8: Attach to the return a copy of the document provided allowed. Attach the Annual Tax Credit Certificate to the return. by LARA to substantiate a claim for this credit. (If the certificate is not attached, the credit will be disallowed.) UBGs: Enter total amount authorized for all members on line 8 UBGs: Enter the total amount of MEGA Employment Tax and attach LARA documentation for each member. Credits claimed by eligible members and provide the requested MEGA certification for each eligible member. Next Energy Payroll Credit Next Energy Payroll Credit provides a payroll-based credit to NASCAR Safety Credit a taxpayer located within an alternative energy Renaissance This credit is not available for tax years after 2011. Leave line Zone. The credit is equal to the payroll amount for the tax 13 blank, and continue to line 14. year attributable to employees who are working on alternative energy-related research, development, or manufacturing Farmland Preservation Credit and whose regular place of employment is within the Zone, Farmland Preservation Credit gives back to farmland owners multiplied by the Michigan Individual Income Tax (IIT) rate a portion of the property taxes paid on farmland. Farmland for that year. (The Michigan Individual Income Tax rate can be owners qualify for the credit by agreeing to preserve the land found at www.michigan.gov/taxes.) as farmland and not develop for another use. Line 11: Multiply line 10 by the Individual Income Tax rate of To qualify for the credit, the taxpayer must meet the following 4.25% (0.0425). requirements: UBGs: If any member of a UBG is claiming the Next Energy • Taxpayer must own farmland, Payroll Credit, attach a statement identifying the member(s) • Taxpayer must have entered into a Farmland Development and providing information requested on the form. Enter the Rights Agreement (FDRA) with the Michigan Department total payroll amount for all eligible members on line 10. of Agriculture (MDA), and • Taxpayer must complete the Michigan Farmland MEGA Employment Tax Credit Preservation Tax Credit (Form 4594). The MEGA Employment Tax Credit promotes economic growth and jobs in Michigan. For a period of time not to If agreements with MDA were entered into on or after exceed 20 years, a taxpayer that is an authorized business or January 1, 1978, the gross receipts qualifications in Part 1 of an eligible taxpayer may claim a credit equal to the amount Form 4594 must be satisfied. certified each year by MEGA. NOTE: Beginning January 1, 2012, this credit is available as NOTE: Beginning January 1, 2012, this credit is available as a certificated credit to the extent that the taxpayer has entered a certificated credit to the extent that the taxpayer has entered into a farmland preservation agreement by December 31, 2011. into an agreement with MEGA by December 31, 2011, but This credit must be claimed beginning with the taxpayer’s the credit has not been fully claimed or paid prior to January first tax year ending after December 31, 2011, in order for the 1, 2012. This credit must be claimed beginning with the taxpayer to remain taxable under the MBT and claim the credit. taxpayer’s first tax year ending after December 31, 2011, in UBGs: UBG members claiming this credit should total all order for the taxpayer to remain taxable under the MBT and amounts from Form 4594, line 29, and enter on line 16 each claim the credit. eligible member should submit Form 4594, which would be MEGA may certify a credit based on an agreement entered into calculated based upon that member’s respective property tax prior to January 1, 2008, under the Single Business Tax (SBT). obligation and its respective MBT Business Income Tax base. The number of years for which the credit may be claimed under MEGA Federal Contract Credit MBT will be equal to the maximum number of years designated in the resolution reduced by the number of years for which a This credit is available for a qualified taxpayer or collective group of taxpayers that have been awarded a federal 84 |
procurement contract from the United States Department of must attach the assignment certificate to the return. (If the Defense, Department of Energy or Department of Homeland certificate is not attached, the credit will be disallowed.) Security resulting in a minimum of 25 new full-time jobs. Film Production Credit NOTE: Beginning January 1, 2012, this credit is available as The Michigan Film Office, with the concurrence of the State a certificated credit to the extent that the taxpayer has entered Treasurer, may enter into an agreement with an eligible into an agreement with MEGA by December 31, 2011, but production company providing the company with a refundable the credit has not been fully claimed or paid prior to January credit against MBT tax liability or against taxes withheld under 1, 2012. This credit must be claimed beginning with the Chapter 7 of the Michigan Individual Income Tax Act. taxpayer’s first tax year ending after December 31, 2011, in order for the taxpayer to remain taxable under the MBT and NOTE: Beginning January 1, 2012, this credit is available as claim the credit. a certificated credit to the extent that the taxpayer has entered into an agreement with the Michigan Film Office with the Complete Form 4584 to claim this credit and elect a refund or concurrence of the State Treasurer by December 31, 2011, but carryforward of the resulting overpayment. the credit has not been fully claimed or paid prior to January For more information, contact MEDC at 1-888-522-0103 or 1, 2012. This credit must be claimed beginning with the visit the MEDC Web site at http://www.michiganadvantage. taxpayer’s first tax year ending after December 31, 2011, in org/. order for the taxpayer to remain taxable under the MBT and claim the credit. MEGA Photovoltaic Technology Credit To qualify for the credit, an eligible production company The MEGA Photovoltaic Technology Credit is available to a must spend at least $50,000 in Michigan for the development, qualified taxpayer that enters into an agreement with MEGA to preproduction, production, or postproduction costs of a construct and operate a new facility in Michigan which serves State-certified qualified production and must not be delinquent to develop and manufacture photovoltaic energy, photovoltaic in a tax or other obligation owed to Michigan nor be owned or systems, or other photovoltaic technology. Photovoltaic energy, under common control of an entity that is delinquent. systems, or technology rely on solar power. The credit is available for 25 percent of the taxpayer’s capital investment in A Post-Production Certificate will be issued verifying the the new facility during the tax year. amount of the credit to be claimed once the Michigan Film Office is satisfied that expenditure and eligibility requirements NOTE: Beginning January 1, 2012, this credit is available as are met. a certificated credit to the extent that the taxpayer has entered into an agreement with MEGA by December 31, 2011, but The credit may be assigned in the tax year in which the the credit has not been fully claimed or paid prior to January Post-Production Certificate is issued but such assignment is 1, 2012. This credit must be claimed beginning with the irrevocable. taxpayer’s first tax year ending after December 31, 2011, in For more information, contact the Michigan Film order for the taxpayer to remain taxable under the MBT and Office at 1-800-477-3456 or visit the Web site at claim the credit. www.michiganfilmoffice.org. The credit generally must be taken in equal installments Line 18: A taxpayer claiming a Film Production Credit must over a two-year period beginning in the tax year in which attach the Post-Production Certificate to the return. A taxpayer the certificate is issued. A taxpayer may make an irrevocable claiming an assigned Film Production Credit must attach to the assignment of all or a portion of the credit or may convey the return an MBT Film Credit Assignment (Form 4589) approved right to the assignment on a form provided by MEGA, which by Treasury. (If the certificate or approved assignment form is will then issue assignment certificates to the assignee(s). not attached, the credit will be disallowed.) A taxpayer or assignee that claims a credit and subsequently UBGs: Enter the total amount for this credit claimed by all fails to meet the requirements of the act or any other eligible members and provide the requested post-production conditions established by MEGA in the agreement may, as certification or Form 4589 for each eligible member. determined by MEGA, have its credit reduced or terminated or have a percentage of the credit previously claimed added MEGA Plug-In Traction Battery Manufacturing Credit back to the tax liability of the taxpayer in the tax year that the Line 19: For tax years ending after December 31, 2014, the taxpayer or assignee fails to comply. Recapture is reported on MEGA Plug-In Traction Battery Manufacturing Credit is Form 4587. no longer available. A taxpayer certified to take the polycrystalline silicon credit Anchor Company Payroll Credit under MCL 208.1432 is disqualified from taking this credit. This credit is available for a qualified taxpayer that was designated by MEGA as an anchor company within the last Line 17: Approved businesses receive a certificate from MEGA five years and that has influenced a new qualified supplier or each year showing the total amount of tax credit allowed. Attach customer to open, locate, or expand in Michigan. the Annual Tax Credit Certificate to the return. A taxpayer claiming an assigned MEGA Photovoltaic Technology Credit NOTE: Beginning January 1, 2012, this credit is available as 85 |
a certificated credit to the extent that the taxpayer has entered into an agreement with MEGA by December 31, 2011, but the credit has not been full claimed or paid prior to January 1, 2012. This credit must be claimed beginning with the taxpayer’s first tax year ending after December 31, 2011, in order for the taxpayer to remain taxable under the MBT and claim the credit. Complete Form 4584 to claim this credit and elect a refund or carryforward of the resulting overpayment. For more information, contact MEDC at 1-888-522-0103 or visit the MEDC Web site at http://www.michiganadvantage. org/. Anchor Company Taxable Value Credit This credit is available for a qualified taxpayer that was designated by MEGA as an anchor company within the last five years and that has influenced a new qualified supplier or customer to open, locate, or expand in Michigan. Complete Form 4584 to claim this credit and elect a refund or carryforward of the resulting overpayment. For more information, contact MEDC at 1-888-522-0103 or visit the MEDC Web site at http://www.michiganadvantage. org/. MEGA Poly-Silicon Energy Cost Credit and Miscellaneous MEGA Battery Credits Complete Form 4584 to claim the MEGA Poly- Silicon Energy Cost Credit, MEGA Plug-in Traction Battery Integration Credit, MEGA Battery Manufacturing Facility Credit, MEGA Large Scale Battery Credit, and/or MEGA Advanced Lithium Ion Battery Credit and elect a refund or carryforward of any excess credit. Carry amount from Form 4584, line 86a and enter it here. The following credits are no longer available for tax years ending after the associated date. Complete Form 4584 to claim an used credit from the immediately preceding tax year, if available. • MEGA Advanced Battery Engineering Credit — December 31, 2014. • MEGA Advanced Lithium Ion Battery Credit — December 31, 2016. • MEGA Large Scale Battery Credit -- December 31, 2017. Include completed Form 4574 as part of the tax return filing. 86 |
Michigan Department of Treasury Attachment 09 4575 (Rev. 04-22) 2022 MICHIGAN Business Tax Loss Adjustment for the Small Business Alternative Credit Issued under authority of Public Act 36 of 2007. Taxpayer Name (If Unitary Business Group, Name of Designated Member) Federal Employer Identification Number (FEIN) or TR Number Unitary Business Groups Only: Name of Unitary Business Group Member Reporting on This Form Federal Employer Identification Number (FEIN) or TR Number INSTRUCTIONS: Use this worksheet to qualify for an otherwise disallowed Small Business Alternative Credit by adjusting current year adjusted business income. This is available only if a taxpayer had a negative adjusted business income in any of the five tax years immediately preceding this tax year and received an MBT Small Business Alternative Credit in the loss year. Partnerships and members of Unitary Business Groups, see instructions before completing. PART 1: CURRENT YEAR AMOUNTS Use this section to determine amount of loss adjustment to business income needed to qualify for the Small Business Alternative Credit. Adjusted Business Income Disqualifier 1. Adjusted Business Income from Form 4571, line 8 ................................................................................... 1. 00 2. Business Income Disqualifier. Enter $180,000 for individuals, or $1,609,400 for all other organization types ......................................... 2. 00 3. Loss adjustment required. Subtract line 2 from line 1. If less than zero, enter zero .................................. 3. 00 Shareholder Income Disqualifier: $180,000 4. Enter the amount from Form 4571, line 5 .................................................................................................. 4. 00 5. Shareholder Income Disqualifier (See chart in instructions)...................................................................... 5. 00 6. Enter compensation and director fees from Form 4577, column L, of the shareholder creating the disqualifier or reduction* ............................................................................................................................ 6. 00 7. Subtract line 6 from line 5. If less than zero, see instructions ................................................................... 7. 00 8. Divide line 7 by the percent of ownership from Form 4577, column G, for the shareholder on line 6 ....... 8. 00 9. Loss adjustment required. Subtract line 8 from line 4 ............................................................................... 9. 00 * Note: If compensation exceeds $180,000 for any C Corporation shareholder or officer, a Small Business Alternative Credit cannot be claimed nor can a loss adjustment be used to reduce compensation from Form 4577, column L. PART 2: AVAILABLE LOSS Read instructions before completing Part 2. Use Part 2 to determine the loss available from the five preceding periods. Do not enter a negative sign in front of the loss amounts in lines 11 through 16. Complete line 10 for the five immediately preceding tax years (oldest to the left). Then complete lines 11 through 16, one column at a time beginning with the oldest, but completing only those columns representing periods that reported a loss (either generated or used) AND received a Small Business Alternative Credit. 10. Tax year end date (MM-DD-YYYY) .......... 11. Adjusted business income ....................... 12. Loss used on prior returns ....................... 13. Loss available for current return .............. 14. Loss adjustment required ........................ 15. Remaining loss adjustment required ....... 16. Loss adjustment carryforward ................. + 0000 2022 43 01 27 4 |
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Instructions for Form 4575, Michigan Business Tax (MBT) Loss Adjustment for the Small Business Alternative Credit Department of Treasury (TR) assigned number. In the Unitary Purpose Business Groups Only field, enter “GROUP COPY FOR ABI,” To reduce the adjusted business income (ABI) or shareholder and leave FEIN or TR Number field blank. On this group copy allocated income to qualify for the Small Business Alternative of Form 4575, enter groupwide data for lines 1 through 3. Credit (SBAC) or minimize the reduction percentage required. Leave lines 4 through 9 blank. Complete lines 10 through 16 following line-specific instructions. If the ABI was less than zero in any of the five years immediately preceding the tax year for which a credit is being To reduce the UBG’s ABI disqualifier, the group will use its claimed, and the taxpayer received an SBAC under MBT for available loss from a prior tax period when the UBG received that same year, the taxpayer may adjust for the loss before the SBAC, as well as a member’s available loss from a tax figuring eligibility for the SBAC. Business income for credit year when it received the SBAC and was not part of the UBG purposes is adjusted by using available loss from prior years (member’s separate year). However, the group may not use on a first-in, first-out basis until those losses are extinguished. a member’s separately calculated available loss for a tax year A loss adjustment will not affect a reduction to the SBAC when the member was part of the UBG to reduce the group’s based on gross receipts that exceed $19,000,000. Also, it will ABI disqualifier. not change the amount of compensation in column L for a C For the purposes of completing Part 2, if a member’s separate Corporation on the MBT Schedule of Shareholders and Officers year does not share a common year end with the UBG, use a (Form 4577). separate column for that member. If some members’ separate NOTE: Although this form is formatted for Corporations, it years share a common year end, total the amount of those can be used by other types of entities with minor adjustments. members’ available loss in a single column. Arrange all of See instructions for further details. the columns in chronological order. If additional columns are needed to accommodate the five preceding periods, create and Special Instructions for Unitary Business attach a table comparable to that found in lines 10 through 16. Groups (UBGs) Apply to that custom table the calculations described in the form text and instructions for lines 10 through 16. The ABI disqualifier must be calculated by the UBG by combining the ABIs of its members. Likewise, to reduce Lines 14 through 16 on the Group Copy for ABI will reflect an ABI disqualifier of the UBG, loss adjustment must be the usage of loss adjustment to resolve the ABI disqualifier calculated on a group level and used against the group’s ABI. and the maintenance of loss adjustment available for future Generally, a UBG will file only one copy of this form, the years (within the five year statutory period). Loss adjustment “Group Copy for ABI.” used for the ABI disqualifier is not recorded on the member copy of Form 4575. However, loss adjustment used for the ABI Members Not Included in UBG for Entire Lookback disqualifier from a member’s separately filed years should be Period tracked in the taxpayer’s records. Any ABI loss adjustment For years in which a member was not part of the UBG, the UBG remaining from a member’s separately filed years will be will use that member’s available loss from those separate years available to that member in the event the member leaves the on a first-in, first-out basis until those losses are extinguished. UBG prior to complete usage of the loss adjustment available These amounts are calculated initially at the member level but by the UBG. See the “Supplemental Instructions for Standard used and maintained for use in future years on the Group Copy Members in UBGs” section in the MBT Forms and Instructions for ABI. Supporting 4575 forms must be filed by each member for Standard Taxpayers (Form 4600) for details. that has a loss available from the separate years that is used against the UBG’s ABI disqualifier (member forms). Only Part NOTE: If the UBG still has a disqualification on this basis 2, lines 10 through 13, of Form 4575 need to be completed on the (greater than $1,609,400) after completing the group’s Form member form. 4575 as described above, the UBG is disqualified from the SBAC. Do not proceed with these instructions. Adjusted Business Income Disqualifier Line-by-Line Instructions This disqualifier is calculated at the group level. If the UBG has ABI in excess of $1,609,400, the UBG must complete one, Lines not listed are explained on the form. group Form 4575. The groupwide Form 4575 will calculate loss Dates must be entered in MM-DD-YYYY format. available from the UBG’s prior tax years as well as organize the members’ available loss that may be used against this Name and Account Number: Enter name and account number disqualifier. These member amounts are calculated initially as reported on page 1 of the MBT Annual Return (Form 4567). at the member level but used and maintained for use in future UBGs: Generally, only one form will be filed per UBG. See years on the Group Copy for ABI. “Special Instructions for UBGs” above for exceptions. Enter In the Taxpayer Name field at the top of the page, enter the the DM’s name in the Taxpayer Name field and FEIN in the Designated Member’s (DM’s) name followed by the DM’s first identification line, and “GROUP COPY FOR ABI” and no Federal Employer Identification Number (FEIN) or Michigan FEIN in the second identification line. 89 |
Part 1: Current Year Amounts annualized member figures (when applicable) to get the group’s total annualized figure. Use Part 1 to determine the amount of loss adjustment necessary to qualify for the SBAC. Line 5: Form 4575 should always be calculated initially using $160,000. This calculation will establish taxpayer eligibility If the taxpayer is not eligible for the credit because the ABI without the need to reduce the SBAC. However, if the total exceeds $1,609,400 ($180,000 for individuals), complete lines 1 loss available for the current year on line 13 does not equal or through 3. exceed the loss adjustment required on line 9, the taxpayer may If the taxpayer is not eligible because a shareholder’s still calculate a lesser loss adjustment to claim a reduced credit. allocated income exceeds $180,000, or a partner’s distributive income exceeds $180,000, complete lines 4 through 9 for the Line 5 Eligible % of Credit shareholder(s) or partner(s) creating the disqualifier. The loss $ 160,000 100% - no reduction adjustment required is the largest amount needed to eliminate $164,999 80% all allocated income disqualifiers. $169,999 60% Partnerships: Form 4575 is formatted for Corporations. To use $174,999 40% it for a Partnership, make these changes: $180,000 20% • Enter on line 6 any guaranteed payments made to the Line 7: If a negative number is reached, some reduction of partner creating a $180,000 disqualifier. credit is necessary. Return to line 5 and enter the higher • On line 8, divide by the percentage of ownership from disqualifier amount from the chart. Continue this process column C of the MBT Schedule of Partners (Form 4578). until line 7 is greater than or equal to zero. This calculation Reduced SBAC: A reduction of the SBAC is required if establishes the maximum allowable SBAC. an Individual, a partner in a Partnership, a shareholder of Part 2: Available Loss a Corporation, or an officer of a C Corporation has allocated income after loss adjustment of more than $160,000. This Use Part 2 to determine the loss available from the five preceding reduction is based on the Individual/partner/officer/shareholder periods. Do not enter a negative sign in front of the loss amount. with the largest allocated income. Complete lines 11 through 16, one column at a time. For Complete lines 4 through 9 for the shareholder or partner those lines, complete only columns for years that reported a creating the need to reduce the SBAC. loss (either generated or used) and received an SBAC. If the taxpayer did not report a loss or did not receive an SBAC for a Form 4575 should always be calculated initially using $160,000 tax year, leave that column, lines 11 through 16, blank. on line 5. This calculation will establish taxpayer eligibility without the need to reduce the SBAC. However, if the total Line 10: Enter the five most recent tax years, beginning with loss available for the current year on line 13 does not equal or the oldest year in the left column, including years in which exceed the loss adjustment required on line 9, the taxpayer may there was no loss or no SBAC credit taken. Then complete lines still calculate a lesser loss adjustment to claim a reduced credit. 11 through 16, one column at at time, for each year in which a loss was generated or used and an SBAC was claimed. Try the calculation more than once. Substitute the numbers shown on the chart in the instructions for line 5, in order to Line 11: Enter (as a positive number) the negative ABI from maximize the claimed SBAC. If a negative number is reached Form 4571, line 8, for tax years where an SBAC was received. on line 7, a greater disqualifier amount is needed from the When completing a member’s form (see “Special UBGs: disqualifier chart here on line 5. Instrutions for UBGs” so circumstances in which a member Tax Year Less Than 12 Months: Business income and form is needed), this line is calculated using member specific shareholder disqualifiers must be calculated on an annualized (pro forma) data. Note, however, the member cannot enter an basis. Enter annualized numbers on lines 1, 4, and 6. Part-year ABI amount for a tax year that it was part of the UBG and the shareholders also must annualize compensation and report that UBG did not receive the SBAC. The member may, however, figure on line 6. enter an ABI amount for a tax year that it was not a member of the UBG and it received the SBAC, regardless of whether the Annualizing UBG received the credit in that same year. To annualize, multiply each applicable amount, ABI, or When completing the Group Copy for ABI, enter the sum of the shareholder compensation, by 12 and divide the result by the following: 1) UBG’s negative ABI for tax years it received the number of months the business operated. Generally, a business SBAC, plus, 2) a member’s negative ABI for a tax year when it is considered in business for one month if the business operated received the SBAC and was not part of the UBG. These member for more than half the days of the month. amounts are calculated initially at the member level but used and NOTE: If the business was in operation for less than a month it maintained for use in future years on the Group Copy for ABI. is considered to have been in business for 1 month. Enter the amount of loss entered on line 11 that was Line 12: UBGs: For UBG members reporting a period of less than 12 used as an adjustment in a prior period. months with the group return, annualization is done using the member’s number of months in the group’s tax year. Sum the 90 |
UBGs: When completing the Group Copy for ABI, if a member’s negative ABI was included on Line 11 (the member received a credit and was not part of the UBG in the tax year the credit was received), include any loss adjustment used by that member in a prior period to offset an ABI disqualifier. Also enter any groupwide loss used against the UBG’s ABI disqualifier in a prior period. Line 13: Subtract line 12 from line 11 to arrive at loss available on the current return. If less than zero, enter zero; no loss is available. UBGs: On the Group Copy for ABI, if the group’s membership has not changed, that is, no member has joined or left the group since the filing of the prior year’s return, the amounts calculated on line 13 should equal the amounts on line 16 of the prior year’s corresponding columns. If membership for this year is different, these amounts may not be the same. See the “Supplemental Instructions for Standard Members in UBGs” section in Form 4600 for details. Line 14: Enter the amount from line 3 or line 9, whichever is larger, in the first column where a loss is available on line 13. In subsequent columns, enter amount from line 15 of the previous applicable column. Line 15: If line 14 is larger than line 13, subtract line 13 from line 14. Enter here and on line 14 of the next column where a loss is available on line 13. Line 16: If line 13 is larger than line 14, subtract line 14 from line 13. This amount is available to use in subsequent periods. NOTE: To benefit from a loss adjustment, the total loss available for the current year, line 13, must equal or exceed the loss adjustment required on line 14. The function of this form is to demonstrate that a taxpayer that otherwise would have been disqualified from the SBAC due to ABI, or fully or partially disqualified due to an owner’s allocated income is, after application of loss adjustment, allowed to claim a full or partial SBAC. If loss adjustment is successfully applied to cure an ABI disqualifier, there is no calculated figure from this form that feeds to another form. Simply ignore the apparent disqualification on Form 4571, line 8 and proceed with calculating the SBAC on the remainder of Form 4571. If loss adjustment is successfully applied to fully or partially cure an owner’s allocated income disqualifier, this will be demonstrated by the final applicable column of line 15 being blank. In that event, carry the number from line 5 of this form to Form 4571, line 11 and proceed with the calculation there. Include completed Form 4575 as part of the tax return filing. 91 |
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draft 04/28/22 Michigan Department of Treasury Attachment 07 4577 (Rev. 04-22), Page 1 of 2 2022 MICHIGAN Business Tax Schedule of Shareholders and Officers For all Corporations claiming the Small Business Alternative or Start-Up Business Credits Issued under authority of Public Act 36 of 2007. Taxpayer Name (If Unitary Business Group, Name of Designated Member) Federal Employer Identification Number (FEIN) or TR Number Unitary Business Groups Only: Name of Unitary Business Group Member Reporting on This Form Federal Employer Identification Number (FEIN) or TR Number PART 1: SHAREHOLDERS AND OFFICERS. See instructions. 1. A B C D E F G FEIN or Check % Stock with % Stock from Col. F less Member Name of shareholder (including corporation, trust, partnership, or family member Social Security number (X) if an % Stock attribution any attribution between Number who is a shareholder through attribution) or officer (Last, First, Middle) of shareholder or officer officer directly owned (See instructions.) two active shareholders % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % Percent of stock (not listed above) owned by shareholders who own less than 10% and receive no compensation: % Total: 100 % Continue below using the same Member Number references from column 1A. H I J K L M N Dividends Total compensation and director Member (used to determine Salaries, wages and/ Employee insurance fees for officers and/or share- Share of business income/loss Total shareholder/officer Number active shareholders) or director fees plans, pensions, etc. holders. Add columns J and K. (See instructions.) income. Add columns L and M. If more space is needed, include additional 4577 forms. Identify taxpayer and complete Part 1 and Part 2 on each additional form. (See instructions.) + 0000 2022 47 01 27 6 Continue on Page 2. |
2022 Form 4577, Page 2 of 2 FEIN or TR Number UBG Member FEIN or TR Number PART 2: LIST OF FAMILY MEMBERS AND THEIR CORRESPONDING RELATIONSHIP Using the same Member Number references from Part 1, indicate your attributable family relationship (if any) to each shareholder. (An attributable family relationship is defined as either a spouse, parent, child or grandchild.) • If an attributable family relationship exists, designate in columns P through S • If no attributable family relationship exists, check box in column T. 2. O P Q R S T Check (X) if Member No Attributable Number Spouse Parent Child Grandchild Relationship PART 3: SMALL BUSINESS ALTERNATIVE CREDIT. See instructions for definition of active shareholder. 3. Compensation and director fees of active shareholders. Add amounts in column L for each active shareholder. Enter here and on Form 4571, line 6 ............................................................................. 3. 00 4. Compensation and director fees of officers. Add amounts in column L for each officer who is not an active shareholder. Enter here and on Form 4571, line 7.............................................................. 4. 00 + 0000 2022 47 02 27 4 |
Instructions for Form 4577 Michigan Business Tax (MBT) Schedule of Shareholders and Officers For all Corporations claiming the Small Business Alternative or Start-Up Business Credits Purpose Part 2 if they receive compensation from the business. List all shareholders and C Corporation officers who: To determine eligibility for all Corporations to qualify for • Are employees of the Corporation; the Small Business Alternative Credit. Corporation means a taxpayer that is required or has elected to file as a Corporation • Are directors of the Corporation; or under the Internal Revenue Code (IRC). • Own 10 percent or more of the stock of the Corporation, including those by attribution. General Instructions Shareholder means a person who owns outstanding stock in If filing as a Corporation (including Limited Liability a business or is a member of a business entity that files as a Companies federally taxed as such) and claiming a Small corporation for federal income tax purposes. An individual Business Alternative Credit, complete this form and include it is considered as the owner of the stock owned, directly or as part of the annual return to report: indirectly, by or for family members as defined by IRC § 318(a) • Shareholder and C Corporation officer qualifications for the (1). Small Business Alternative Credit; An officer of a C Corporation includes the chairperson of the • Compensation and director fees of active shareholders and board, president, vice president, secretary, and treasurer, or all C Corporation officers for the computation of the Small persons performing similar duties. Business Alternative Credit. A family member, as defined by IRC § 318(a)(1), includes NOTE: A member of a Limited Liability Company (LLC) is spouses, parents, children and grandchildren. characterized for MBT purposes as a shareholder if the LLC is NOTE: Rules of attribution in IRC § 318(a)(1) do not taxed as a corporation for federal purposes. differentiate between an adult and a minor child. NOTE: A federally disregarded entity is required to file as if Outstanding stock means all stock of record, regardless of it were a sole proprietorship if owned by an individual, or a class, value, or voting rights, but outstanding stock does not branch or division if owned by another business entity. include treasury stock. This form also is required to be completed and included as All attributable family members of persons directly owning part of the return whenever a corporation claims a Start-Up stock during the tax year must be listed in Parts 2 and 3. Business Credit. To qualify for the Start-Up Business Credit, the compensation, director fees, or distributive shares paid by the If more lines are needed for listing the shareholders and C taxpayer to a shareholder of a C Corporation or S Corporation, or Corporation officers, include additional copies of this form. an officer of a C Corporation, cannot exceed $135,000. Complete the taxpayer name and account number on each copy (and UBG member if applicable), and lines 1 and 2 as Line-by-Line Instructions necessary. If using more than one copy of the form, continue Lines not listed are explained on the form. the sequential number system for the Member Number in columns A, H and O. Name and Account Number: Enter name and account number as reported on page 1 of the MBT Annual Return (Form 4567). NOTE: Rules of attribution in IRC § 318(a)(1) do not differentiate between an adult and a minor child. Unitary Business Groups (UBGs): Complete one form for each member that is a corporation (including an entity taxed Columns B and C: Identify each shareholder (including federally as such). Enter the Designated Member name in the Corporations, Trusts, or Partnerships) and C Corporation Taxpayer Name field and the member to whom the schedule officers by name and Social Security number. Corporations, applies on the line below. On the copy filed to report the DM’s Trusts, and Partnerships should be identified using the Federal data (if applicable), enter the DM’s name and account number Employer Identification Number (FEIN) or Michigan Treasury on each line. (TR) assigned number. PART 1: SHAREHOLDERS AND OFFICERS NOTE: Column C: An individual or foreign entity that does not have a Social Security number or FEIN may enter in Line 1 (Columns A through N): In column 1A, assign Column C “APPLD FOR” (an abbreviation for “applied for”) or numbers (beginning with 1) to all shareholders and C “FOREIGNUS” (an abbreviation for “foreign filer”). Corporation officers in order of percentage of stock ownership (percentage in column G), starting with the highest percentage Column E: Enter the percentage of outstanding stock first. (Repeat this numbering in Part 1, line 1H, and Part 2, line each shareholder or C Corporation officer owns directly. 2O. It is essential that this numbering system is followed.) All If a shareholder owned stock for a period less than the shareholders’ family members, as defined by IRC § 318(a)(1), Corporation’s tax year, multiply that shareholder’s percentage are considered shareholders and must be listed in Part 1 and of ownership by the number of months owned and divide the 95 |
result by the number of months in the Corporation’s tax year. Stock Percentage Taxpayers must account for 100 percent of the stock. If it is not Column E Column F Column G accounted for, processing of the return may be delayed. Husband 100% 70% 40% Column F: Enter the percentage of outstanding stock each (active) (all shareholders) (husband/wife/son) shareholder owns, including attribution of ownership from family Wife 100% 100% 10% members under IRC § 318(a)(1). If no attribution exists, enter the (inactive) (all shareholders) (all shareholders) percentage from column E in column G and leave column F blank. Son 70% (husband/ 70% 20% Column G: When reporting ownership of a person who (inactive) wife/son) (husband/wife/son) is an active shareholder, do not include in Column G any Daughter 80% (husband/ 40% 30% stock ownership attributed to this person from another (active) wife/daughter) (wife/daughter) active shareholder. See definition of active shareholders in the Part 3 instructions. For the purposes of determining Column I: Enter total dividends received by each shareholder disqualification for the Small Business Alternative Credit, an during the tax year from this business (used to determine active active shareholder’s share of business income is not attributed shareholders). This includes regular distributions for an S to another active shareholder. Corporation. EXAMPLE: In this case, the husband and daughter are active Column J: Enter salaries, wages, and director fees that are shareholders because their total compensation, director fees, and attributable to each shareholder or C Corporation officer. dividends from the business are greater than $10,000 and they Compensation paid by a professional employer organization to own more than 5% of stock (column E). The wife and son are the officers of a client (if the client is a C Corporation) and to not active because their total compensation, director fees, and employees of the professional employer organization who are dividends from the business are less than $10,000 (even though assigned or leased to and perform services for a client must be they own more than 5% of stock). included in determining the eligibility of the client for this credit. NOTE: If a shareholder owned stock for less than the entire tax year of the corporation, or an officer served as an officer less than the entire tax year, report only the salaries, wages and director fees attributable while serving as an officer or shareholder. These amounts must be annualized when determining disqualifiers, but should be reported as actual ATTRIBUTION EXAMPLE: Larry David Stone Husband of Betty Stone, Father of Mary Stone, Stepfather of Tammie Rock, Step Grandfather of Kathy Rock Betty Ann Stone Daughter of Bob Pebble, Wife of Larry Stone, Mother of Tammie Rock, Stepmother of Mary Stone, Grandmother of Kathy Rock Mary Elizabeth Stone Daughter of Larry Stone, Stepdaughter of Betty Stone Daughter of Betty Stone, Stepdaughter of Larry Stone, Spouse of Steve Rock, Mother of Kathy Rock, Granddaughter of Tammie Marie Rock Bob Pebble Steve Carl Rock Spouse of Tammie Rock, Father of Kathy Rock, Brother of Mike Rock Kathy Evelyn Rock Daughter of Tammie and Steve Rock, Granddaughter of Betty Stone, Step Granddaughter of Larry Stone Mike Joseph Rock Brother of Steve Rock Bob Kenneth Pebble Father of Betty Stone, Grandfather of Tammie Rock Terry Robert Marble Friend Part 1: Shareholders and officers - See instructions Part 2: List of family members and their corresponding relationships 1. A B 2. O P Q R S T Name of shareholder (including corporation, trust, partnership, Check (X) if Member or family member who is a shareholder through attribution) or Member No Attributable Number officer (Last, First, Middle) Number Spouse Parent Child Grandchild Relationship 1 Stone, Larry David 1 2 3 2 Stone, Betty Ann 2 1 8 4 6 3 Stone, Mary Elizabeth 3 1 4 Rock, Tammie Marie 4 5 2 6 5 Rock, Steve Carl 5 4 6 6 Rock, Kathy Evelyn 6 4-5 7 Rock, Mike Joseph 7 X 8 Pebble, Bob Kenneth 8 2 4 9 Marble, Terry Robert 9 X 96 |
amounts on this form. O, the corresponding relationship, and the number of the member(s) with that relationship. NOTE: All compensation must be included, whether or not the shareholder or C Corporation officer worked in Michigan. Column T: Check column T for each shareholder listed only if columns P through S are blank (no attributable relationship Column K: Enter employee insurance payments and pensions exists). that are attributable to each shareholder or C Corporation officer. NOTE: If a shareholder owned stock for less than the entire tax PART 3: Small Business Alternative Credit year of the corporation, or an officer served as an officer less Line 3: Add compensation and director fees in column L for than the entire tax year, report only the employee insurance each active shareholder and enter the result on line 3 and on payments, and pensions that are attributable while serving as Form 4571, line 6. an officer or shareholder. These amounts must be annualized when determining disqualifiers, but should be reported as actual An active shareholder: amounts on this form. • Is a shareholder of the Corporation, including through NOTE: All employee insurance payments and pensions must be attribution, AND included, whether or not the shareholder of C Corporation officer • Owns at least 5 percent of outstanding stock, including worked in Michigan. through attribution (column E or F = 5 percent or more), AND Column L: If any shareholder or officer of a C Corporation has total compensation and director fees in column L of over • Receives at least $10,000 in compensation, director fees, $180,000 after loss adjustment, the C Corporation is not eligible and dividends from the business (sum of columns I and L for the Small Business Alternative Credit. = $10,000 or more). Important: For short-period returns or a part-year shareholder, compensation, director fees, and Column M: Multiply the percentage in column G by line 5c on dividends of each individual must be annualized to meet this the MBT Common Credits for Small Businesses (Form 4571). requirement. UBGs: Multiply the percentage in column G by the sum of the Annualizing MBT Unitary Business Group Combined Filing Schedule for Multiply each applicable amount by 12 and divide the result Standard Members (Form 4580), Part 2A, lines 30 and 34, plus by the number of months in the tax year the business operated capital loss deducted on the federal returns of all members. or the person was a shareholder. Generally, a business is Column N: If any shareholder or officer has total income in considered in business for one month if the business operated column N of over $180,000 after loss adjustment, the taxpayer for more than half the days of the month. is not eligible for the Small Business Alternative Credit. If any NOTE: If the business was in operation for less than a month it shareholder or officer has total income in column N of over is considered to have been in business for 1 month. $135,000, the taxpayer is not eligible for the Start-Up Business Credit. Line 4: Add the compensation and director fees in column L for each C Corporation officer who is not an active shareholder and PART 2: LIST OF FAMILY MEMBERS AND THEIR enter the result on line 4 and on Form 4571, line 7. CORRESPONDING RELATIONSHIP TYPE REMINDER: Active shareholders of an S Corporation are Columns P through S represent relationships affected by included in the line 3 calculation, even if the shareholder is also attribution. a C Corporation officer. Because the definition of “officer” for For each shareholder listed in Part 1, column A, enter the this purpose does not apply to an S Corporation, line 4 will corresponding number of the shareholder’s spouse, parent, always be blank for an S Corporation. child, or grandchild, if any, listed in Part 1, column A. Include completed Form 4577 as part of the tax return filing. If more than one number is entered in boxes P through S, separate numbers with a dash. For example, if a family member has three children, each child’s member number should appear in the “Child” column with dashes separating them (“2-3-4”). Do not use a dash to imply included numbers (such as “5-8” meaning “5 through 8”), but instead include each member number (“5-6-7-8”). Do not use commas. EXAMPLE (SEE THE ATTRIBUTION EXAMPLE ON THE PREVIOUS PAGE): Kathy Rock’s (6) parents (4 and 5) work for the company. Kathy will list “4-5” in column Q. NOTE: If the space provided in the line 2 columns is not adequate to list all of the corresponding relationships, attach a separate sheet of paper with the member number from column 97 |
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Michigan Department of Treasury Attachment 08 4578 (Rev. 04-22) 2022 MICHIGAN Business Tax Schedule of Partners Issued under authority of Public Act 36 of 2007. Taxpayer Name (If Unitary Business Group, Name of Designated Member) Federal Employer Identification Number (FEIN) or TR Number Unitary Business Groups Only: Name of Unitary Business Group Member Reporting on This Form Federal Employer Identification Number (FEIN) or TR Number PARTNER IDENTIFICATION A B C D Name (If partner is an Individual, FEIN, TR Number or Share of 1. enter Last, First, and Middle Initial) Social Security Number of Partner % Owned Business Income* a % 00 b % 00 c % 00 d % 00 e % 00 f % 00 g % 00 h % 00 i % 00 j % 00 k % 00 l % 00 m % 00 n % 00 o % 00 p % 00 q % 00 2. Total of Column C (% Owned). Cannot exceed 100%. ..................................................................................................... 2. % 3. Total of Column D (Share of Business Income). Cannot exceed the partnership’s business income. ............................. 3. 00 *If any partner has a share of business income in column D of over $180,000 after loss adjustment, the Partnership is not eligible for the Small Business Alternative Credit. * If any partner has a share of business income in column D of over $135,000, the Partnership is not eligible for the Start-Up Business Credit. If more space is needed, submit additional forms 4578. Identify taxpayer and complete Partner Identification on each additional form. (See instructions.) + 0000 2022 51 01 27 7 |
Instructions for Form 4578, Michigan Business Tax (MBT) Schedule of Partners For all Partnerships claiming the Small Business Alternative Credit or Start-Up Business Credit Purpose • Column C: Enter the percentage of profits or capital interest of this Partnership owned by each partner. If To determine eligibility for the Partnership’s Small a partner owned this interest for a period less than the Business Alternative Credit. Partnership means a taxpayer that Partnership’s tax year, multiply that partner’s percentage of is required to, or has elected to, file as a Partnership for federal ownership by the number of months owned and divide the income tax purposes. result by the number of months in this Partnership’s tax This form also is required to be completed and included as year. part of the return whenever a Partnership claims a Start-Up • Column D: Enter each partner’s distributive share of Business Credit. A partnership cannot qualify for the Start-Up income, losses, and deductions from U.S. Form 1065, Business Credit if any partner has a distributive share of more Schedule K-1. Use the Business Income Worksheet than $135,000. (Worksheet 4746) in the MBT Forms and Instructions for Standard Taxpayers (Form 4600) to calculate partnership NOTE: A member of a Limited Liability Company (LLC) business income. Attach Worksheet 4746 to the filing. Each is characterized for MBT purposes as a partner if the LLC is partner’s distributive share includes guaranteed payments taxed as a Partnership for federal purposes. to partners that are made to that partner. If any partner has NOTE: A federally disregarded entity is required to file as if it a share of business income in column D of over $180,000 were a sole proprietorship if owned by an individual, or a branch after loss adjustment, the Partnership is not eligible for the or division if owned by another business entity. Small Business Alternative Credit. If any partner has a share of business income in Column D of over $135,000, the Line-by-Line Instructions Partnership is not eligible for the Start-Up Business Credit. Lines not listed are explained on the form. IMPORTANT: For short-period returns, each partner’s share of Name and Account Number: Enter name and account number business income must be annualized to meet these requirements. as reported on page 1 of the MBT Annual Return (Form 4567). Annualizing If more lines are needed for listing the partners, include Multiply each applicable amount by 12 and divide the result by additional copies of this form and complete the name, account the number of months the business operated or the person was number, and line 1 for each copy. a partner. Generally, a business is considered in business for one month if the business operated for more than half the days Unitary Business Groups: Complete one form for each of the month. member that is a partnership (including an entity taxed federally as such). Enter the Designated Member name in the NOTE: If the business was in operation for less than a month it Taxpayer Name field and the member to whom the schedule is considered to have been in business for 1 month. applies on the line below. On the copy filed to report the DM’s Line 2: If multiple pages of Form 4578 are included for one data (if applicable), enter the DM’s name and account number separately filing taxpayer, or one member of a UBG, bring the on each line. total of all line 1C entries to the main Form 4578. Line 1: Partner Identification Line 3: If multiple pages of Form 4578 are included for one • Columns A and B: Identify each partner (including separately filing taxpayer, or one member of a UBG, bring the Corporation, Partnership, and Trust) by name. Identify total of all line 1D entries to the main Form 4578. partners who are individuals by Social Security number. Partners that are Corporations, Partnerships, or Trusts should Include completed Form 4578 as part of the tax return filing. be identified using a Federal Employer Identification Number (FEIN) or Michigan Treasury (TR) assigned number. NOTE: Column B: An individual or foreign entity that does not have a Social Security number or FEIN may enter in Column B “APPLD FOR” (an abbreviation for “applied for”) or “FOREIGNUS” (an abbreviation for “foreign filer”). 100 |
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 N/A (line 17 minus lines 18 through 26) .......................... 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: • More than 50 percent of the total value of all ownership • 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 in Internal Revenue Code (IRC) 2010-1, MBT—Unitary Business Group Control Test, and § 7701(a)(30). A foreign operating entity is defined by statute in RAB 2010-2, MBT—Unitary Business Group Relationship Michigan Compiled Laws (MCL) 208.1109(5). Tests, on the Department of Treasury (Treasury) Web site Control Test. The control test is satisfied when one person at www.michigan.gov/treasury/, under “Reports and Legal owns or controls, 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 of another person if that person owns or controls: 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 a stand-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 no MBT 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 a stand-alone Form 4588. To complete this form and prepare a combined return, the UBG must select a DM. 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 institution) as the members for which it files a combined return. Line 6: List the member’s tax year, for federal income tax 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 a pro 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 a separate 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 prepare a pro forma federal return or equivalent schedule and • Partnership (including an LP, LLP, LLC, Trust, or any other 109 |
use it as the basis for preparing its portion 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 by a member as or revenue streams not from transportation services, those consideration from the following: receipts should be sourced accordingly. • Transfer of title to, or possession of, property that is stock Line 17: Gross receipts means the entire amount received by in trade or other property of a kind which would properly 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 • Sale of products. 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 Line 18: Enter inventory acquired during the tax year, one passenger the distance of one mile. including freight, shipping, delivery, or engineering charges 110 |
included in the original contract price for that inventory. Line 21: A staffing company may deduct compensation (including wages, benefits, and all payroll taxes) paid to personnel Inventory means the stock of goods, including electricity and supplied to its clients. Staffing company means a taxpayer 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 as compiled by the of a manufacturer, and raw materials purchased from another United States Department of Labor. 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 Line 22: For taxpayers that fall under SIC major groups 15 under the Michigan vehicle code and any pre-paid sales tax (Building Construction General Contractors and Operative required to be paid on the inventory at the time of purchase. 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 of the person’s purchase of Contractors) who do not claim the Small Business Alternative new motor vehicle inventory from a manufacturer, 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 to provide more favorable floor plan assistance to a • Payments to subcontractors for a construction project, under person subject to the 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 to the Commodity Exchange NOTE: This subtraction is only available to a member of Act, 7 USC 1 to 27f, the cost of securities 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 a broker or dealer the sufficient that the UBG member that made the payments listed cost of commodities 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 to repurchase agreements. As used in this 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) of the Securities Exchange Act of bridges, roads, and infrastructure; etc.), operative builders, and 1934, 15 USC 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 a person that engages in the trade or more complete list. business of purchasing 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 of the following: included in SIC codes 15, 16, and 17 as set forth in the primary contract specific to a project. Thus, payments to an independent • Personal property under lease or principally intended for contractor for general labor services not specific to a particular lease rather than sale. 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 in inventory 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 to produce heat or power 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 17, which result from the agricultural activity of a person dividends or other distributions that may be distributed to its whose primary activity (i.e., more than 50 percent of gross owners in any given year and has received funding, subsidies, receipts) is the production of agricultural goods. 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. NOTE: Personal investment income, gains from the sale of Carry amount to Form 4580, Part 2A, property held for personal use and enjoyment, or other assets line 29 ................................................. 00 not used in a trade or business, and any other income 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 Business Activity Protected Under Public Law 86-272 (Form 4600 to calculate business income. Attach Worksheet 4746 4586) (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 Group Protected Under Public Law 86-272 (Form 4581) (if professionals are expected to be familiar with uncommon member is not the DM) and reporting its individual activity. situations within their experience, which produce business Unless all members of the UBG have PL 86-272 protection, a income not identified by specific lines on the worksheet, and member claiming protection must complete lines 30 through 45i. 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 leave lines 30 through 45i blank. 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 and exceeds the protections of PL 86-272, all members of the company exempt under IRC § 501(c)(12), business income UBG, including members protected under PL 86-272, must equals the organization’s excess or deficiency of revenues be included when calculating the UBG’s Business Income over expenses as reported to the federal government by those Tax base and apportionment formula. (In other words, PL 86- organizations exempt from the federal income tax under the 272 will only remove business income from the apportionable IRC, less capital credits paid to members of that organization, Business Income Tax base when all members of the UBG are less income attributed to equity in another organization’s net protected under PL 86-272.) The inclusion of the business income, and less income resulting from a charge approved by a income of members that fall under PL 86-272 in the tax base state or federal regulatory agency that is restricted for a specified of the UBG and the subsequent apportionment of such income purpose and refundable if it is not used for the specified purpose. does not constitute taxation upon those PL 86-272 members. 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. Line 31: Enter any interest income and dividends from 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 a federal 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 a breakdown 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 Line 41: To the extent included in federal taxable income (as to this member’s ownership interest in another member of the 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 (which allows for what is often referred to as “recreational” under the laws of a foreign nation which has in force a or “adult use” marihuana), a marihuana establishment comprehensive income tax treaty with the United States. licensed under that act is allowed a deduction from 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 a stand 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 1 or 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 carryforward available for use by the group in the current that was reported on the MBT return for the immediately filing period will be miscalculated. It is important to review preceding tax period on the appropriate group member copy of a carryforward for the possibility that some or all of it has this form as explained in the bulleted section below. Only MBT expired, or that some or all of it was withdrawn from the group business losses that were incurred after December 31, 2007, by a departing member. may be entered on this line. Loss carryforward consumed on a return always is the oldest Business loss means a negative business income tax base after available on that return, regardless of whether the oldest loss allocation or apportionment. The business loss will be carried was generated by the group, brought by an incoming member, forward to the year immediately succeeding the loss year as or acquired by a member of the group via IRC § 381. Loss an offset to the allocated or apportioned Business Income Tax carryforward of a UBG, including loss carryforward brought base, then successively to the next nine taxable years following by an incoming member and loss carryforward acquired by the loss year or until the loss is consumed, whichever occurs the group or its members via IRC § 381, ages according to the first, but for not more than ten taxable years after the loss year. 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 federal net operating loss carryforward or carryback, or a CIT loss carryforward (hereinafter, loss carryforward) attributable loss carryforward. to that other corporation. Losses acquired via IRC sec. 381 (a) (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 of Standard Taxpayers. If taking the seller’s deduction only, On the DM’s copy of this form: Enter loss carryforward from skip lines 45a through 45h and carry the amount from Form the group’s immediately preceding Form 4567, less any part of 4579, line 5, to line 45i. If taking both deductions, complete the that carryforward subsequently taken by departing members QAHP deduction calculation on lines 45a through 45h, and add (see below), plus any loss acquired by the group via IRC § 381 to the total at line 45i the amount from Form 4579, line 5. (as defined above). Include a list of all loss corporations whose 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 a seller of residential 115 |
rental units to a QAHP. Qualified Affordable Housing Project Line 45i: The seller may take a deduction from its apportioned 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 to the product of the 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 of which is the number of all 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 of this deduction. the seller’s deduction. If the buyer fails to qualify as a QAHP 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: In general, taxable income attributable the property for the amount of the seller’s deduction becomes to residential rental units is gross rental receipts attributable payable to the State. The lien is payable through a “recapture” to residential rental units in Michigan less rental expenses to be added to the tax liability of the buyer in the year the attributable to residential 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 a credit carryforward in a preceding 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) or the relevant portions of type on the DM’s copy of Part 2A. the U.S. Corporation Income Tax Return (U.S. Form 1120), If a member created a credit carryforward prior to joining as appropriate. If the QAHP is a Corporation, the expenses the UBG, Treasury will maintain that carryforward on that permitted should be limited to those also listed on the Low- member’s account, subject to use by the group, until it is fully Income Housing Credit Agencies Report of Noncompliance or consumed or that member leaves the group. Enter unused credit Building Disposition (U.S. Form 8823) and U.S. Form 1040, carryforwards of this type on the copy of Part 2A filed for the Schedule E. Rental receipts and expenses must be calculated member that brought the carryforward to the group. without regard to any gain or loss resulting from the disposition 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 or outside of it, are applied against the Partnerships are not considered. UBG’s tax liability on the basis of age (oldest first). Credit carryforward of a UBG, including credit carryforward brought Improvements that increase the value of the property or extend by an incoming member, ages according to the tax years of the its life, such as replacing a roof or renovating a kitchen, are group, rather than tax years of any particular member. not deductible rental expenses. Any passive activity loss limitations applicable to the QAHP’s federal return also apply If two members each created a carryforward of the same for purposes of MCL 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 in a 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 of Agriculture rural member contributed relative to the total amount contributed by housing programs, or from any of the other programs described all group members for the same credit in that 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 or all of it has expired, or that some or all residential rental units owned by the QAHP in Michigan. of it was withdrawn from the group by a departing member. Line 45h: The QAHP’s deduction is reduced by the amount of Each of these lines for a tax credit carryforward is the amount limited dividends or other distributions made to the owners of of the identified item that may be claimed 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 in Form 4600 for information on the effects of attributable to residential rental units. members leaving or joining 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 Add the combined total after eliminations from Line 29C: 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 a 12-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 U.S. person is defined in IRC § 7701(a)(30). Line 70: 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 of which owns or controls, directly or indirectly, 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 of business 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 as a financial institution if it is between any members of the UBG. For example, if the UBG owned, directly or indirectly, by a financial institution and is in includes standard taxpayers (not owned by and unitary with a a UBG with its owner. 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 is not satisfied or because the person that the insurance and financial members are not reported on is excluded by statute. A 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 of the UBG should also be listed 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 a group with a U.S. parent, a U.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 of the same pages of that member’s federal return as are required for a separate filer in similar circumstances. See the “Other Supporting Forms and Schedules” section of Form 4567 instructions for guidance on required pages of federal returns. 118 |
Michigan Department of Treasury Attachment 16 4582 (Rev. 11-22), Page 1 of 2 2022 MICHIGAN Business Tax Penalty and Interest Computation for Underpaid Estimated Tax Issued under authority of Public Act 36 of 2007. Taxpayer Name Federal Employer Identification Number (FEIN) or TR Number PART 1: ESTIMATED TAX REQUIRED 1. Annual tax from Form 4567, line 59; or Form 4588, line 47; or Form 4590, line 32 .............................................. 1. 00 2. Required estimate amount. Enter 85% (0.85) of line 1.......................................................................................... 2. 00 See MBT instruction booklet for exceptions to penalty and interest computation. A B C D 3. ENTER THE PAYMENT DUE DATES (MM-DD-YYYY) .... 3. 4. Divide amount on line 2 by 4, or by the number of quarterly returns required. If annualizing, enter the amount from Annualization Worksheet, line 70, page 2 .... 4. CAUTION: Complete lines 5 - 13 one column at a time 5. Prior year overpayment ..................................................... 5. X X X X X X X X X X X X X X X 6. Estimated payments and refundable credits (see instr.)..... 6. 7. Enter amount, if any, from line 13 of the previous column . 7. X X X X X 8. Add lines 5, 6 and 7 ........................................................... 8. 9. Add amounts on lines 11 and 12 of the previous column and enter the result here ................................................... 9. X X X X X 10. Subtract line 9 from line 8. If less than zero, enter zero. For column A only, enter the amount from line 8 ............... 10. 11. Remaining underpayment from previous period. If amount on line 10 is zero, subtract line 8 from line 9 and enter result here. Otherwise, enter zero ............................ 11. X X X X X 12. If line 4 is greater than or equal to line 10, subtract line 10 from line 4 and enter it here. Then go to line 6 of the next column. Otherwise, go to line 13 ....................................... 12. 13. If line 10 is larger than line 4, subtract line 4 from line 10 and enter it here. Then go to line 6 of next column ........... 13. PART 2: FIGURING INTEREST A B C D 14. TOTAL UNDERPAYMENT. Add lines 11 and 12 ................. 14. 15. Enter due date for the next quarter or date tax was paid, whichever is earlier. In column D, enter the due date for the annual return or date tax was paid, whichever is earlier ...... 15. 16. Number of days from the due date of the quarter to the date on line 15 .................................................................... 16. 17. No. of days on line 16 after 04-15-22 and before 07-01-22.. 17. 18. No. of days on line 16 after 06-30-22 and before 01-01-23.. 18. 19. No. of days on line 16 after 12-31-22 and before 07-01-23.. 19. 20. No. of days on line 16 after 06-30-23 ................................... 20. 21. Number of days on line 17 x 4.25% (0.0425) x line 14 ....... 21. 365 22. Number of days on line 18 x 4.27% (0.0427) x line 14 ....... 22. 365 23. Number of days on line 19 x 5.65% (0.0565) x line 14 ....... 23. 365 24. Number of days on line 20 x *% x line 14 .......................... 24. 365 25. Interest on underpayment. Add lines 21 through 24 ........... 25. 26. Interest Due. Add line 25 columns A through D and enter the result here....................................................... 26. 00 * Interest rate will be set at 1% above the adjusted prime rate for this period. + 0000 2022 63 01 27 2 Continue on Page 2. |
2022 Form 4582, Page 2 of 2 FEIN or TR Number PART 3: FIGURING PENALTY A B C D 27. Enter the amount from line 12 ........................................ 27. 28. Payment due dates from line 3 (MM-DD-YYYY) ............ 28. 29. Annual return due date or the date payment was made, whichever is earlier ......................................................... 29. 30. Number of days from date on line 28 to date on line 29 . 30. 31. If line 30 is greater than 0 but less than 61, multiply line 27 by 5% (0.05) .. 31. 32. If line 30 is greater than 60, but less than 91, multiply line 27 by 10% (0.10).. 32. 33. If line 30 is greater than 90, but less than 121, multiply line 27 by 15% (0.15).. 33. 34. If line 30 is greater than 120, but less than 151, multiply line 27 by 20% (0.20).. 34. 35. If line 30 is greater than 150, multiply line 27 by 25% (0.25) ...... 35. 36. Add lines 31 through 35.................................................. 36. 37. Total Penalty. Add line 36, columns A through D ...................................................................................................... 37. 00 38. Total Penalty and Interest. Add lines 26 and 37. Enter here and on Form 4567, line 68; or Form 4588, line 56; or Form 4590, line 41 ................................................................................................................................................ 38. 00 PART 4: ANNUALIZATION WORKSHEET FOR MODIFIED GROSS RECEIPTS AND BUSINESS INCOME TAXES (If filing Form 4588 or Form 4590, see instructions.) A B C D Complete worksheet if liability is not evenly distributed throughout year. First 3 Months First 6 Months First 9 Months Full 12 Months 39. Gross receipts (GR) ......................................................... 39. 40. Subtractions..................................................................... 40. 41. Modified GR. Subtract line 40 from line 39 ...................... 41. 42. Apportionment percentage from Form 4567, line 11c ..... 42. % % % % 43. Apportioned GR Tax Base. Multiply line 41 by line 42 ..... 43. 44. Multiply line 43 by 0.8% (0.008) ...................................... 44. 45. Enrichment Prohibition for dealers of boats/new motor vehicles ... 45. 46. GR Tax Before Credits. Enter the greater of lines 44 or 45 46. 47. Business Income (BI) ...................................................... 47. 48. Additions .......................................................................... 48. 49. Add lines 47 and 48 ......................................................... 49. 50. Subtractions..................................................................... 50. 51. BI Tax Base. Subtract line 50 from line 49 ....................... 51. 52. Apportioned BI Tax Base. Multiply line 51 by line 42 ....... 52. 53. MBT business loss carryforward ..................................... 53. 54. Qualified Affordable Housing Deduction .......................... 54. 55. Subtract line 54 and line 53 from line 52. If less than zero, enter zero. ............................................. 55. 56. BI Tax Before Credits. Multiply line 55 by 4.95% (0.0495) 56. 57. Total MBT Before Credits. Add lines 46 and 56 ............... 57. 58. The annual surcharge is no longer applicable. There is no amount to be entered on this line ................. 58. X X X X X X X X X X X X X X X X X X X X 59. Enter amount from line 57 ............................................... 59. 60. Nonrefundable Credits..................................................... 60. 61. Subtract line 60 from line 59. If less than zero, enter zero 61. 62. Recapture of certain MBT credits and deductions ........... 62. 63. Corporate Income Tax adjustment (see instructions) ...... 63. 64. Net Tax Liability. Add lines 61, 62 and 63 ........................ 64. 65. Annualization ratios ......................................................... 65. 4 2 1.3333 1 66. Annualized tax. Multiply line 64 by line 65 ....................... 66. 67. Applicable percentage ..................................................... 67. 21.25% 42.5% 63.75% 85% 68. Multiply line 66 by line 67 ................................................ 68. 69. Combined amounts of line 70 from all preceding columns 69. X X X X X 70. ESTIMATE REQUIREMENTS BY QUARTER. Subtract line 69 from line 68. If less than zero, enter zero. Enter here and on page 1, line 4 ........................................ 70. NOTE: Totals on line 70 must equal 85% of the current year tax liability on page 1, line 1. + 0000 2022 63 02 27 0 |
Instructions for Form 4582, Michigan Business Tax (MBT) Penalty and Interest Computation for Underpaid Estimated Tax Purpose less than $350,000. In addition, if your business was not in existence in the preceding year, no safe harbor exists. In such To compute penalty and interest for underpaying, late filing, a case, estimates must be based on the MBT liability for the or late payment of quarterly estimates. If a taxpayer prefers current year. not to file this form, the Department of Treasury (Treasury) • The taxpayer is a farmer, fisherman, or seafarer and files the will compute any applicable penalty and interest and bill the MBT Annual Return (Form 4567) by March 1, or a tentative taxpayer. Part 4 of this form also is used to determine and annual return with payment by January 15, and the final report the amount of estimates due when income is not evenly return on or before April 15. distributed through the tax year. Annualizing NOTE: Penalty and interest for late filing or late payment on the annual return is computed separately. See the “Computing To annualize for a period of less than 12 months, multiply each Penalty and Interest” section of the “General Information for applicable amount by 12 and divide the result by the number Standard Taxpayers” in the MBT Forms and Instructions for of months the business operated or the person was a partner. Standard Taxpayers (Form 4600). Generally, a business is considered in business for one month if the business operated for more than half the days of the month. Estimated returns and payments are required from any If the business was in operation for less than a month it is taxpayer that expects an annual MBT liability (including considered to have been in business for 1 month. Corporate Income Tax adjustment) of more than $800. Exceptions are listed below. If a taxpayer owes estimated NOTE: For a taxpayer that calculates and pays estimated tax and the estimated return with full payment is not filed or payments for federal income tax purposes pursuant to section is filed late, penalty is added at 5 percent of tax due, for the 6655(e) of the Internal Revenue Code, that taxpayer may use the first two months. Penalty increases by an additional 5 percent same methodology as used to calculate the annualized income per month, or fraction thereof, after the second month, to a installment or the adjusted seasonal installment, whichever is maximum of 25 percent. If the taxpayer made no estimated tax used as the basis for the federal estimated payment, to calculate payments and none of the exceptions below apply, compute the the estimated payments required each quarter under this section. interest due (Part 2) and the penalty for non-filing (Part 3). Retain the calculation for your records. Exceptions Line-by-Line Instructions If any of the conditions listed below apply, do not pay penalty Lines not listed are explained on the form. and interest. If a business operated less than 12 months in the Do not enter data in boxes filled with Xs. current or preceding year, annualize figures (as applicable) to Dates must be entered in MM-DD-YYYY format. determine if the exceptions apply. See Form 4600 for complete annualizing instructions. Name and Account Number: Enter name and account number as reported on page 1 of the applicable MBT annual return • The annual tax on the current annual return is $800 or less. (either Form 4567, the MBT Annual Return for Financial • The return is for a taxable period of less than four calendar Institutions (Form 4590), or the Insurance Company Annual months. Return for Michigan Business and Retaliatory Taxes (Form • The estimated quarterly payments reasonably approximate 4588)). the tax liability incurred for each quarter and the total of all PART 1: ESTIMATED TAX REQUIRED payments equals at least 85 percent of the annual liability. Line 2: Enter 85 percent of the annual tax amount from line 1. Complete the Annualization Worksheet (Part 4) if the liability is not evenly distributed through the tax year. Line 3: Enter the due date for each quarterly return. For calendar year filers these dates are April 15, July 15, October • The sum of estimated payments equals the annual tax on the 15, and January 15. For fiscal year filers, these dates are the preceding year’s return, provided these payments were made th th th th th 15 day of the 4 , 7 , 10 and 13 months after the start of in four timely equal payments and the preceding tax year’s tax the fiscal year. For any tax year that includes an estimated tax under the MBT Act was $20,000 or less. If the prior year’s tax payment period of less than three months, the quarterly return liability was reported for a period less than 12 months, this for that period is due on the 15th day of the month immediately amount must be annualized for purposes of both the $20,000 following the final month of the estimated tax payment period. ceiling and calculating the quarterly payments due under this method. See “Filing if Tax Year Is Less Than 12 Months” in Line 4: Divide the amount of the estimated tax required for the “General Information” section of Form 4600 for more the year on line 4 by four and enter this as estimated tax for information. Reliance on the prior year’s tax liability as a each quarter. If the business operated less than 12 months, means to avoid interest and penalty charges is only allowed divide by the number of quarterly returns required and enter if you had business activity in Michigan in that prior year. A this as the estimated tax for each quarter. return must have been filed to establish the tax liability for Actual Quarterly Tax. If a taxpayer computes quarterly tax that prior year, even if gross receipts in the prior year were 121 |
due based on the actual tax base for each quarter, complete As a result, Form 4913 is the only form that supports an MBT Part 4 first, then bring the tax from line 70 of the Annualization estimated payment. Worksheet to line 4. See Part 4 instructions for taxpayers filing Estimated returns and payments for calendar year taxpayers a return other than Form 4567. The total of the four computed are due to Treasury by April 15, July 15, October 15, and amounts cannot be less than line 2. January 15 of the following year. Fiscal year taxpayers should Line 5: Complete column A only. Enter the amount of prior make returns and payments by the appropriate due date which year overpayment credited to the current tax year estimates. is fifteen days after the end of each fiscal quarter. The sum of estimated payments for each quarter must always reasonably Line 6: Amount Paid. approximate the liability for the quarter. • Column A: Enter estimated payments made by the due date NOTE: Your debit transaction will be ineligible for EFT for the first quarterly return. Also in column A, enter the if the bank account used for the electronic debit is funded or total refundable credits from line 23 of the MBT Refundable otherwise associated with a foreign account to the extent that Credits (Form 4574) or line 5 of the Miscellaneous Credits the payment transaction would qualify as an International ACH for Insurance Companies (Form 4596). Transaction (IAT) under NACHA Rules. Contact your financial • Column B: Enter payments made after the due date in institution for questions about the status of your account. column A and by the due date in column B. Contact the Michigan Department of Treasury’s (Treasury) • Column C: Enter payments made after the due date in EFT Unit at 517-636-6925 for alternate payment methods.. column B and by the due date in column C. • Column D: Enter payments made after the due date in PART 4: ANNUALIZATION WORKSHEET FOR column C and by the due date in column D. MODIFIED GROSS RECEIPTS AND BUSINESS INCOME TAXES If quarterly payments are made after the due date, penalty and Standard taxpayers may use the Annualization Worksheet to interest will apply until the payment is received. If less than calculate and report the amount of estimates due when income full payment is made with a late filing, the taxpayer will need is not evenly distributed throughout the tax year. to compute multiple penalty and interest calculations for each column. Attach a separate schedule if necessary. If filing Form 4588, or Form 4590, submit a schedule showing the entity’s computations for each quarter. Enter the total PART 2: FIGURING INTEREST amounts on line 64 and follow the instructions for lines 65 Compute the interest due for both non-filing and underpayment through 70. of the required estimated tax in this section. Follow the instructions for each line, as interest is calculated separately Each column represents a quarterly three-month filing period. for each quarter and the interest rate might not be the same for The Annualization Worksheet essentially leads filers through each quarter. the steps required to calculate the actual MBT due for the Line 15: Enter the due date of the next quarter or the date the tax year to date. The net tax liability is then annualized and tax was paid, whichever is earlier. In column D, enter the earlier multiplied by the percentage of estimates required for that of the due date for the annual return or the date the tax was paid. quarter. An approved extension does not change the due date of the Line 42: If not subject to apportionment, enter 100 percent. annual return (column D) for this computation. Line 53: Deduct any available MBT business loss incurred PART 3: FIGURING PENALTY after December 31, 2007. Enter as a positive number. Compute the penalty due for both non-filing and underpayment Business loss means a negative business income tax base, after of the required estimated tax in this section. Follow the apportionment, if applicable. instructions for each line, as the penalty and interest is calculated separately for each quarter and the penalty percentage NOTE: MBT business loss carryforward is not the same as and interest rate might not be the same for each quarter. the federal net operating loss carryforward or carryback. It is also not the same as a Corporate Income Tax (CIT) business Avoiding Penalty and Interest Under MBT loss carryforward. CIT business loss carryforward may not be If estimated liability for the year is reasonably expected to entered on this line or applied against the MBT tax base. exceed $800, a taxpayer must file estimated returns. A taxpayer may remit quarterly estimated payments by check with a Line 63: Enter in Column A the entire amount of CIT adjustment Corporate Income Tax Quarterly Return (Form 4913) or may from Form 4567, Line 58; Form 4590, Line 31; or Form 4588, remit monthly or quarterly estimated payments electronically Line 28. Only a positive amount may be entered on this line. by Electronic Funds Transfer (EFT). When payments are made Line 70: The totals for line 70, columns A, B, C, and D, must by EFT, Form 4913 is not required. equal 85 percent of the current year tax liability on page 1, line 1. Formerly, taxpayers could make payments on a monthly basis Include completed Form 4582 as part of the tax return filing. by remitting a check with a Combined Return for Michigan Tax (Form 160). Form 160 was replaced effective Janaury 2015. The new form no longer accommodates MBT payments. 122 |
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Michigan Department of Treasury Attachment 13 4584 (Rev. 04-22), Page 1 of 4 2022 MICHIGAN Business Tax Election of Refund or Carryforward of Credits, and Calculation of Historic Preservation and Brownfield Redevelopment Carryforward Issued under authority of Public Act 36 of 2007. Taxpayer Name Federal Employer Identification Number (FEIN) or TR Number 1. Tax liability after Renaissance Zone Credit from Form 4573, line 15, or tax liability after Renaissance Zone Credit from Form 4596, line 16 .................................................................................................................................................... 1. 00 HISTORIC PRESERVATION CREDIT. If not claiming, skip to line 29. Recapture Calculation 2. Historic Preservation Credit recapture. Carry to Form 4573, line 17a, or Form 4596, line 18a............................. 2. 00 3. Tax Liability After Historic Preservation Credit Recapture. Add lines 1 and 2........................................................ 3. 00 4. Unused Basic/Enhanced credit from previous period return ................................................................................. 4. 00 5. Tax liability after Basic/Enhanced credit carryforward. Subtract line 4 from line 3. If less than zero, enter zero ... 5. 00 6. Basic/Enhanced credit carryforward to the next period. If line 4 is greater than line 3, enter the difference ....................................................................... 6. 00 7. Unused Special Consideration credit from previous period return (see instructions) ............................................ 7. 00 8. Tax liability after Special Consideration credit carryforward. Subtract line 7 from line 5. If less than zero, enter zero .............................................................................................................................................................. 8. 00 9. Special Consideration credit carryforward to the next period. If line 7 is greater than line 5, enter the difference ........................................................... 9. 00 10. Basic/Enhanced credit received by assignment in this filing period. (Attach Michigan Department of Treasury approval letter received from Assignor.) ................................................................................................................ 10. 00 11. Tax liability after Basic/Enhanced credit received by assignment. Subtract line 10 from line 8. If less than zero, enter zero ........................................................................................................................................................................ 11. 00 12. Assigned Basic/Enhanced credit carryforward to the next period. If line 10 is greater than line 8, enter the difference ........................................................... 12. 00 13. Special Consideration credit received by assignment for this filing period. (Attach Michigan Department of Treasury approval letter received from Assignor.) ................................................................................................. 13. 00 14. Tax liability after Special Consideration credit received by assignment. Subtract line 13 from line 11. If less than zero, enter zero ..................................................................................................................................................... 14. 00 15. Assigned Special Consideration credit carryforward for the next year. If line 13 is greater than line 11, enter the difference ................................................ 15. 00 16. Current period Basic credit from Form 3581, line 4d ....................................... 16. 00 17. Current period Enhanced credit from Form 3581, line 5d ............................... 17. 00 18. Current period Basic/Enhanced credits. Add lines 16 and 17. .............................................................................. 18. 00 19. Tax liability after current period Basic/Enhanced credits. Subtract line 18 from line 14. If less than zero, enter zero ................................................................................................................................... 19. 00 20. Current period Basic/Enhanced credits that exceed liability. If line 18 is greater than line 14, enter the difference. ........................................................ 20. 00 21. Special Consideration credit from Form 3581, line 6d..................................... 21. 00 22. Allowable current period Special Consideration credit. Enter the lesser of lines 19 and 21 ................................. 22. 00 23. Current period Special Consideration credit carryforward to next period. If line 21 is greater than line 22, enter the difference ......................................... 23. 00 24. Tax liability after Historic Preservation Credit. Subtract line 22 from line 19 ........................................................ 24. 00 Carryforward Calculation 25. Prior year and assigned Basic/Enhanced credit carryforward to next period. Add lines 6 and 12 ........................................................................................... 25. 00 26. Total Special Consideration credit carryforward to next period. Add lines 9, 15, and 23 .................................................................................... 26. 00 27. Total Basic/Enhanced credit carryforward to next period. Add lines 25 and 20 ......................................................................................... 27. 00 28. Total Historic Preservation Credit. Subtract line 24 from line 3. Carry amount to Form 4573, line 16, or Form 4596, line 17............................ 28. 00 + 0000 2022 71 01 27 5 Continue on Page 2. |
2022 Form 4584, Page 2 of 4 FEIN or TR Number MEGA FEDERAL CONTRACT CREDIT. If not claiming, skip to line 38. 29. Tax liability before MEGA Federal Contract Credit from Form 4573, line 40 ......................................................... 29. 00 30. Unused credit from previous period MBT return .................................................................................................... 30. 00 31. Tax After Previous Period Credit. Subtract line 30 from line 29. If less than zero, enter zero ............................... 31. 00 32. Remaining unused credit from previous period MBT return. If line 30 is greater than line 29, enter the difference .......................................................... 32. 00 33. Available credit from the MEDC Certificate (attach) .............................................................................................. 33. 00 34. Tax After Current Period Credit. Subtract line 33 from line 31. If less than zero, enter zero here and complete line 35; Otherwise, skip to line 36 .......................................................................................................... 34. 00 35. If line 33 is greater than line 31, elect a refund or carryforward of credit by entering the difference on either line 35a or line 35b. a. Refundable Amount. Carry amount to Form 4574, line 16 ........................ 35a. 00 b. Carryforward Amount.................................................................................. 35b. 00 36. Total Credit Carryforward. Add lines 32 and 35b ............................................. 36. 00 37. MEGA Federal Contract Credit. Subtract line 34 from line 29. Carry amount to Form 4573, line 41 ................................................................ 37. 00 BROWNFIELD REDEVELOPMENT CREDIT. If not claiming, skip to line 56. Recapture Calculation 38. Tax liability before Brownfield Redevelopment Credit from Form 4573, line 55, or Form 4596, line 19 ................ 38. 00 39. Enter MBT Brownfield Redevelopment Credit recapture amount .................... 39. 00 40. Unused credit from previous period MBT return .............................................. 40. 00 41. Subtract line 40 from line 39. If less than zero, enter zero .............................. 41. 00 42. Remaining prior year carryforward. If line 40 is greater than line 39, enter the difference .................................... 42. 00 43. Assigned credit from MBT Brownfield Redevelopment Credit Assignment Certificate (attach) ........................................................................................... 43. 00 44. Subtract line 43 from line 41. If less than zero, enter zero .............................. 44. 00 45. Remaining assigned credit. If line 43 is greater than line 41, enter the difference ................................................ 45. 00 46. Available credit from MBT Brownfield Redevelopment Credit Certificate of Completion (attach) ......................................................................................... 46. 00 47. Subtract line 46 from line 44. If less than zero, enter zero here; Otherwise, carry amount to Form 4587, line 7 ................................................ 47. 00 Carryforward Calculation 48. Remaining current year credit. If line 46 is greater than line 44, enter the difference ........................................... 48. 00 49. Available prior year and assigned credit. Add lines 42 and 45 .............................................................................. 49. 00 50. Tax after available prior year and assigned credit. Subtract line 49 from line 38. If less than zero, enter zero ..... 50. 00 51. Prior year and assigned credit carryforward. If line 49 is greater than line 38, enter the difference ............................................................................. 51. 00 52. Tax after Brownfield Redevelopment Credit. Subtract line 48 from line 50. If less than zero, enter zero here and complete line 53; otherwise, skip to line 55 .................................................................................................... 52. 00 53. If line 48 is greater than line 50, enter the difference ....................................... 53. 00 54. Total Credit Carryforward. Add lines 51 and 53 .............................................. 54. 00 55. Brownfield Redevelopment Credit. Subtract line 52 from line 38. Carry amount to Form 4573, line 56, or Form 4596, line 20............................ 55. 00 + 0000 2022 71 02 27 3 Continue on Page 3. |
2022 Form 4584, Page 3 of 4 FEIN or TR Number MEGA PLUG-IN TRACTION BATTERY MANUFACTURING CREDIT. If not claiming, carry amount from line 56 to line 61, and continue to the next credit. 56. Tax liability before MEGA Plug-In Traction Battery Manufacturing Credit from Form 4573, line 73 ...................... 56. 00 57. Unused credit from previous period MBT return .................................................................................................... 57. 00 58. Tax After Previous Period Credit. Subtract line 57 from line 56. If less than zero, enter zero ............................... 58. 00 59. Remaining unused credit from previous period MBT return. If line 57 is greater than line 56, enter the difference .......................................................... 59. 00 60. This credit is no longer available, except a carryforward amount reported on line 57. Leave this line blank ....... 60. X X X X X X X X 00 61. Enter amount from line 58. Skip to line 63............................................................................................................. 61. 00 62. a. Leave this line blank and skip to line 63 ..................................................... 62a. X X X X X X X X 00 b. Leave this line blank and skip to line 63 ..................................................... 62b. X X X X X X X X 00 63. Total Credit Carryforward. Enter amount from line 59 ..................................... 63. 00 64. MEGA Plug-In Traction Battery Manufacturing Credit. Subtract line 61 from line 56. Carry amount to Form 4573, line 75 ........................................... 64. 00 ANCHOR COMPANY PAYROLL CREDIT. If not claiming, carry amount from line 61 to line 69, and continue to the next credit. 65. Unused credit from previous period MBT return .................................................................................................... 65. 00 66. Tax After Previous Period Credit. Subtract line 65 from line 61. If less than zero, enter zero ............................... 66. 00 67. Remaining unused credit from previous period MBT return. If line 65 is greater than line 61, enter the difference .......................................................... 67. 00 68. Available credit from the MEDC Certificate (attach) .............................................................................................. 68. 00 69. Tax After Current Period Credit. Subtract line 68 from line 66. If less than zero, enter zero here and complete line 70; otherwise, skip to line 71........................................................................................................................... 69. 00 70. If line 68 is greater than line 66, elect a refund or carryforward of credit by entering the difference on either line 70a or line 70b. a. Refundable Amount. Carry amount to Form 4574, line 20 ......................... 70a. 00 b. Carryforward Amount.................................................................................. 70b. 00 71. Total Credit Carryforward. Add lines 67 and 70b .............................................. 71. 00 72. Anchor Company Payroll Credit. Subtract line 69 from line 61. Carry amount to Form 4573, line 77 ................................................................. 72. 00 ANCHOR COMPANY TAXABLE VALUE CREDIT. If not claiming, carry amount from line 69 to line 77, and continue to the next credit. 73. Unused credit from previous period MBT return .................................................................................................... 73. 00 74. Tax After Previous Period Credit. Subtract line 73 from line 69. If less than zero, enter zero ............................... 74. 00 75. Remaining unused credit from previous period MBT return. If line 73 is greater than line 69, enter the difference .......................................................... 75. 00 76. Available credit from the MEDC Certificate (attach) .............................................................................................. 76. 00 77. Tax After Current Period Credit. Subtract line 76 from line 74. If less than zero, enter zero here and complete line 78; Otherwise, skip to line 79 .......................................................................................................................... 77. 00 78. If line 76 is greater than line 74, elect a refund or carryforward of credit by entering the difference on either line 78a or line 78b. a. Refundable Amount. Carry amount to Form 4574, line 21 ......................... 78a. 00 b. Carryforward Amount.................................................................................. 78b. 00 79. Total Credit Carryforward. Add lines 75 and 78b ............................................ 79. 00 80. Anchor Company Taxable Value Credit. Subtract line 77 from line 69. Carry amount to Form 4573, line 79 ................................................................ 80. 00 + 0000 2022 71 03 27 1 Continue on Page 4. |
2022 Form 4584, Page 4 of 4 FEIN or TR Number MEGA POLY-SILICON ENERGY COST CREDIT AND MISCELLANEOUS MEGA BATTERY CREDITS — See Instructions Lines 81 through 88 calculate the following credits: MEGA Poly-Silicon Energy Cost Credit; MEGA Plug-In Traction Battery Integration Credit; MEGA Advanced Battery Engineering Credit; MEGA Battery Manufacturing Facility Credit; MEGA Large Scale Battery Credit; and MEGA Advanced Lithium Ion Battery Credit. If claiming multiple credits, see instructions. 81. Unused credit from previous period MBT return. a. Unused MEGA Poly-Silicon Energy Cost Credit.......................................... 81a. 00 b. Unused MEGA Plug-In Traction Battery Integration Credit......................... 81b. 00 c. Unused MEGA Advanced Battery Engineering Credit ................................. 81c. 00 d. Unused MEGA Battery Manufacturing Facility Credit .................................. 81d. 00 e. Unused MEGA Large Scale Battery Credit.................................................. 81e. 00 f. Unused MEGA Advanced Lithium Ion Battery Credit .................................. 81f. 00 g. Total of all unused credits. Add lines 81a through 81f ....................................................................................... 81g. 00 82. Tax After Previous Period Credit. Subtract line 81g from line 77. If less than zero, enter zero .............................. 82. 00 83. Remaining unused credit from previous period MBT return. If line 81g is greater than line 77, enter the difference .......................................................... 83. 00 84. Available credit from the MEDC Certificate (attach). a. MEGA Poly-Silicon Energy Cost Credit ....................................................... 84a. 00 b. MEGA Plug-In Traction Battery Integration Credit ...................................... 84b. 00 c. This credit is no longer available. Skip to line 84d....................................... 84c. X X X X X X X X 00 d. MEGA Battery Manufacturing Facility Credit ............................................... 84d. 00 e. This credit is no longer available. Skip to line 84g....................................... 84e. X X X X X X X X 00 f. This credit is no longer available. Skip to line 84g....................................... 84f. X X X X X X X X 00 g. Total of all available credits. Add lines 84a, 84b and 84d .................................................................................. 84g. 00 85. Tax After Current Period Credit. Subtract line 84g from line 82. If less than zero, enter zero here and complete line 86; Otherwise, skip to line 87 ........................................................................................................................... 85. 00 86. If line 84g is greater than line 82, elect a refund or carryforward of credit by entering the difference on either line 86a or line 86b. a. Refundable Amount. Carry amount to Form 4574, line 22 .......................... 86a. 00 b. Carryforward Amount................................................................................... 86b. 00 87. Total Credit Carryforward. Add lines 83 and 86b .............................................. 87. 00 88. MEGA Poly-Silicon Energy Cost Credit and Miscellaneous MEGA Battery Credit. Subtract line 85 from line 77. Carry amount to Form 4573, line 81 ............................................................................................................... 88. 00 + 0000 2022 71 04 27 9 |
Instructions for Form 4584 Michigan Business Tax (MBT) Election of Refund or Carryforward of Credits Purpose Line-by-Line Instructions Beginning January 1, 2012, only those taxpayers with a Lines not listed are explained on the form. certificated credit, which is awarded but not yet fully claimed NOTE: Although qualification for certain credits is reviewed or utilized, may elect to be MBT taxpayers. and approved by the Michigan Economic Growth Authority The purpose of this form is to allow standard taxpayers (MEGA), in many cases the certificates for such credits are to claim certain “hybrid” credits that, if greater than the issued by the Michigan Economic Development Corporation tax liability, can either be refunded or carried forward to (MEDC). offset future liabilities (historic preservation and brownfield Name and Account Number: Enter the name and account certificated credits are the exception to this, see below for more number as reported on page 1 of the applicable MBT annual detail). Credits and any overpayments are calculated here and return (either the MBT Annual Return (Form 4567) for standard then carried to either the MBT Miscellaneous Nonrefundable taxpayers, the MBT Annual Return for Financial Institutions Credits (Form 4573) or the MBT Refundable Credits (Form (Form 4590), or the Insurance Company Annual Return for 4574), depending on the election chosen. Michigan Business and Retaliatory Taxes (Form 4588)). Financial institutions and insurance companies may use this UBGs: Complete one form for the group. Enter the DM name form to claim the Historic Preservation Credit and Brownfield in the Taxpayer Name field and the DM account number in the Redevelopment Credit only. Federal Employer Identification Number (FEIN) field. The election to treat the credit as refundable or non-refundable Historic Preservation Credit must be made on the original return filed for the year in which the credit was earned. No amendment will be allowed to The Historic Preservation Credit provides tax incentives for change this election. Amounts elected to be carried forward homeowners, commercial property owners, and businesses to may not be subsequently refunded, nor can assigned credits rehabilitate historic resources located in the State of Michigan. be refunded. Treatment of any excess credit may not be split Rehabilitation projects must be certified by the State Historic between a refund and carryforward. Preservation Office (SHPO). Beginning January 1, 2012, the historic preservation credit is Special Instructions for Unitary Business available to the extent that a taxpayer had a part 2 approval, Groups (UBGs) approved rehabilitation plan, approved high community impact If a member of a UBG has a qualifying certificated credit, rehabilitation plan or preapproval letter before by December the group, and not the member, must make the election 31, 2011, but has not fully claimed the credit before January to file under the MBT. The election should be made by the 1, 2012. The credit may be claimed as either a refundable designated member (DM) of the UBG by filing an MBT accelerated credit (on Form 4889) or a non-refundable credit. return. Once the group makes the election, all members of Non-refundable credits and non-refundable carryforwards the group are required to file and pay the MBT until claimed of the credit are claimed here. A taxpayer may elect to claim certificated credits and any carryforward of those credits are a certificated historic preservation credit in the year in which extinguished. a credit is available and will be taxable under the MBT until the qualifying credit and any carryforward of the credit are Credits on this form are earned and calculated on an entity- extinguished. The credit must first be claimed in the year specific basis, as determined by relevant statutory provisions that the certificate of completed rehabilitation of the historic for the respective credits. Intercompany transactions are not resource was issued. eliminated, and the credits are applied against the tax liability of the UBG. A qualified taxpayer that has made the election to remain taxable under the MBT with a certificated credit and has a rehabilitation If the group has made the election to remain in the MBT, plan certified before January 1, 2008, under the Single Business a member of a UBG may claim any of the applicable credits Tax (SBT) for the rehabilitation of a historic resource for which contained on this form by attaching the member’s credit a certification of completed rehabilitation has been issued after certificate to the return. If more than one member is claiming the end of the taxpayer’s last tax year under SBT may also claim the same credit, the total amount from all claiming members such credit on this form, even though this historic preservation should be entered on each corresponding line on this form. credit is not a certificated credit. Line-by-line instructions indicate additional information required for UBGs. Qualified taxpayers may receive a Basic Michigan Credit equal to 25 percent of their qualified expenditures. For taxpayers eligible See the “Supplemental Instructions for Standard Members in for the federal Rehabilitation Credit under Internal Revenue UBGs” section in Form 4600 for information on the effects Code (IRC) § 47(a)(2), the Basic Michigan Credit is 25 percent of members leaving or joining a UBG on certificated credit of the qualified expenditures less the amount of the federal credit carryforwards. claimed. For example, if the federal credit is 20 percent, the State credit is 5 percent of the qualified expenditures. 129 |
A qualified MBT taxpayer may take one of two additional enhanced credit issued after December 1, 2008, is revoked; credits. The Enhanced Credit is equal to a percentage of or a historic resource is sold or disposed of less than five qualified expenditures, not to exceed 15 percent, established in years after the historic resource is placed in service during a a preapproval letter issued by SHPO. tax year beginning after December 31, 2008. The Special Consideration Credit is equal to a percentage 100 percent If less than 1 year of qualified expenditures, not to exceed 15 percent, recorded 80 percent If at least 1 year, but less than 2 years on the Certificate of Completion awarded by SHPO. Special Consideration Credits are granted to rehabilitation plans 60 percent If at least 2 years, but less than 3 years expected to have a high community impact and to have 40 percent If at least 3 years, but less than 4 years significantly greater historic, social, and economic impact 20 percent If at least 4 years, but less than 5 years than those plans that earn Enhanced Credits. The maximum amount of credit that may be claimed during a tax year is $3,000,000 per project, with the excess being carried forward If the credit has been assigned, the recapture is the until used up. The Enhanced and Special Consideration responsibility of the qualified taxpayer that received the Credits are taken in addition to the Basic Credit. All three certificate of completed rehabilitation, not the assignee. are calculated on Michigan Historic Preservation Tax Credit NOTE: A recapture is not required if the qualified taxpayer (Form 3581). enters into a written agreement with SHPO that allows for the A qualified taxpayer may assign all or a portion of its credit transfer or sale of the historic resource. to any assignee. The credit assignment cannot be revoked, UBGs: If any member of the UBG is reporting recapture, but an assignee may subsequently reassign a credit, or any a statement must be attached to this form identifying the portion of an assigned credit, to one or more assignees. reporting member. Generally, both the initial assignment of the Michigan Historic Preservation Tax Credit by the qualified taxpayer to Line 4: Enter the amount of Basic/Enhanced credit carryforward the first assignee(s) and the subsequent reassignment by the from the prior year MBT Form 4584, if any. Available SBT first assignee(s) to reassignee(s) must be done in the tax year credit carryforward is claimed separately on Form 4569. in which the certificate of completed rehabilitation is issued. UBGs: Standard taxpayers, enter the carryforward amount For information on assignments, contact the State Historic from Form 4580, Part 2B, line 48, column C. Financial Preservation Office (SHPO). institutions, enter the combined total of carryforward amounts For Basic, Enhanced and Special Consideration credits for reported on the UBG Combined Filing Schedule for Financial which a certificate of completed rehabilitation is issued for a Institutions (Form 4752), line 28, by all members of the group. tax year beginning after December 31, 2007 and ending before Line 7: Enter amount of Special Consideration credit January 1, 2012, an assignment by a qualified taxpayer of all carryforward from prior year MBT Form 4584, if any. The or any portion of a credit allowed may be made within the Special Consideration credit carryforward must be separately 12 months immediately succeeding the tax year in which the recorded because, unlike the Basic/Enhanced Credit certificate of completed rehabilitation is issued. carryforward, it may be carried forward until used up. It does An unused carryforward of a Historic Preservation Credit not expire after 10 years. generated under SBT may be claimed against the tax imposed UBGs: Standard taxpayers, enter the carryforward amount by MBT for the years the carryforward would have been from Form 4580, Part 2B, line 49, column C. Financial available under SBT (maximum ten years) if the taxpayer has institutions, enter the combined total of carryforward amounts made the election to remain taxable under the MBT with a reported on Form 4752, line 29, by all members of the group. certificated credit. This carryforward is claimed on the MBT Single Business Tax Credit Carryforwards (Form 4569). Line 10: Basic/Enhanced Credit. If the Historic Preservation Credit has been assigned, include the approval letter received Line 2: Recapture. Enter the sum of all SBT and MBT from the Michigan Department of Treasury (Treasury) in the Historic Preservation Credit recapture amounts. If a recapture return. (If not attached, the credit will be disallowed.) event occurs, in the year of the event the following percentage of the credit amount previously claimed must be added back NOTE: If the taxpayer assigned part, but not all, of the credit, to the tax liability of the qualified taxpayer that received the include here the amount of credit retained by the taxpayer. To certificate of completed rehabilitation or preapproved letter. For this extent the assignor is also an assignee. tax years beginning after December 31, 2008, a recapture event Line 13: Special Consideration Credit. If the Historic occurs if: Preservation Credit has been assigned, attach the approval • A certificate of completed rehabilitation is revoked or a letter received from Treasury to the return. (If the approval preapproval letter for an enhanced credit is revoked or a letter is not attached, the credit will be disallowed.) historic resource is sold or disposed of less than five years NOTE: If the taxpayer assigned part, but not all, of the credit, after the historic resource is placed in service (as defined in include here the amount of credit retained by the taxpayer. To IRC § 47(b)(1) and related federal regulations); or this extent the assignor is also an assignee. • A certificate of completed rehabilitation issued after Line 25: Add line 6 and 12. This amount is the Prior year and December 1, 2008, is revoked; or a preapproval letter for an 130 |
Assigned Basic/Enhanced credit carryforward to be used on Beginning January 1, 2012, the Brownfield Redevelopment the next MBT return. Credit may be claimed as a certificated credit if a taxpayer has a preapproval letter by December 31, 2011, but has not Line 26: Add lines 9, 15, and 23. This amount is the Special fully claimed the credit by January 1, 2012. The credit may Consideration Credit carryforward to be used on the taxpayer’s be claimed as either a refundable accelerated credit (on Form next MBT return. 4889) or a non-refundable credit. Non-refundable credits Line 27: Add lines 25 and 20. This amount is the total Basic/ and non-refundable carryforwards of the credit are claimed Enhanced credit carryforward to be used on the next MBT here. The credit must first be claimed in the year in which the return. certificate of completion is issued. MEGA Federal Contract Credit A qualified taxpayer that has made the election to remain taxable under the MBT with a certificated credit and has The MEGA Federal Contract Credit is available for a qualified received a pre-approval letter prior to January 1, 2008, under taxpayer or collective group of taxpayers that have been the SBT Act to receive a Certificate of Completion may claim awarded a federal procurement contract from the United States the credit (which is not a certificated credit) on this form, Department of Defense, Department of Energy, or Department provided that all other requirements are met. of Homeland Security, resulting in a minimum of 25 new full- time jobs. The credit amount is 100 percent of the qualified For projects approved or amended by MEGA, prior to April taxpayer’s payroll attributable to employees who perform 8, 2008, the credit is limited to 10 percent of the cost of the qualified new jobs as a result of the contract multiplied by the eligible investment. For projects approved or amended on or Michigan Individual Income Tax rate. Beginning January 1, after April 8, 2008, the credit is authorized for a percentage of 2012, this credit is available as a certificated credit to the extent the cost of eligible investment to be determined by MEGA, up that the taxpayer has entered into an agreement with MEGA by to 20 percent of the cost. December 31, 2011, but the credit has not been fully claimed A taxpayer claiming a nonrefundable certificated brownfield or paid prior to January 1, 2012. This credit must be claimed credit may make the election in the year in which a credit is beginning with the taxpayer’s first tax year ending after available and will remain taxable under the MBT until the December 31, 2011, in order for the taxpayer to remain taxable qualifying credit and any carryforward of the credit are under the MBT and claim the credit. extinguished. A taxpayer with a multiphase brownfield credit This credit may be taken for a period of up to seven years, as under MCL 208.1437(10), that makes the election, is required determined by MEGA. Any amount that exceeds the taxpayer’s to continue to file and pay the MBT until the certificated tax liability may be refunded or carried forward for ten years credit is complete and the credit is used up. Except for a or until it is used up, whichever occurs first. To be eligible for multiphase project, the Brownfield Redevelopment Credit the credit, a taxpayer must enter into an agreement with MEGA must first be claimed in the tax year in which the Certificate and be certified by MEGA. If a misrepresentation is made on of Completion is issued. For credits for a project approved by the application for this credit, the designation of a qualified MEGA with total credits greater than $10,000,000, the credits taxpayer may be revoked and the taxpayer may be required must be claimed at the rate of 10 percent per year for ten to refund or recapture credits received. Credit recapture is years, beginning with the first year specified by MEGA on the calculated on Form 4587. Certificate of Completion. For more information, contact MEDC at (517) 373-9808 or visit If a Brownfield Redevelopment Credit exceeds a taxpayer’s the MEDC Web site at http://www.michiganadvantage.org/. tax liability for the year, the excess may be carried forward to offset tax liability in subsequent tax years for a maximum of Line 30: UBGs: Enter the unused credit amount from Form ten years. 4580, Part 2B, line 51, column C. NOTE: An unused SBT credit carryforward may be claimed Line 33: Approved businesses receive a certificate from against the tax imposed under the MBT for the same years MEGA each year showing the total amount of tax credit the carryforward would have been available under SBT, if the allowed. Attach the Defense Contracting Tax Credit Certificate taxpayer has made the election to remain taxable under the to the return. (If the certificate is not attached, the credit will MBT with a certificated credit, but it expires after ten years be disallowed.) (combined SBT and MBT years). This carryforward is claimed Line 36: Add lines 32 and 35b. This is the MEGA Federal on Form 4569. Contract Credit carryforward to be used on the taxpayer’s next All or a portion of the credit may be assigned. The assignment MBT return. of the credit is irrevocable, and except for an assignment based on a multiphase project, must be made in the tax year in which Brownfield Redevelopment Credit the Certificate of Completion was issued. If proper assignment The Brownfield Redevelopment Credit encourages businesses is completed, the assignee may make the election to remain to make an investment in eligible Michigan property that was taxable under the MBT on the basis of the assigned brownfield used or is currently used for commercial, industrial, public, or certificated credit in the year of assignment, provided that residential purposes and is either a facility (environmentally credit amount is available in that year. contaminated property), functionally obsolete, or blighted. The administration of the Brownfield Redevelopment Credit 131 |
program is assigned to MEGA. For more information on the Line 60: For tax years ending after December 31, 2014, approval process, contact the MEDC at (517) 373-9808. this credit is no longer available. However, unused credit carryforward from the immediately preceding tax year may Line 38: Enter tax liability before Brownfield Redevelopment still be claimed on line 57, if available. Credit from Form 4573, line 55, or Form 4596, line 19. Line 63: Enter the amount from line 59. This is the MEGA Line 39: Recapture. The disposal or transfer to another Plug-In Traction Battery Manufacturing Credit carryforward to location of personal property used to calculate this credit will be used on the taxpayer’s next MBT return. result in an addition to the tax liability of the qualified taxpayer that was originally awarded the credit in the year in which the disposal or transfer occurs. This is true even if the credit Anchor Company Payroll Credit was assigned to someone else. This additional liability will The Anchor Company Payroll Credit is available for a qualified be calculated by multiplying the same percentage as is used taxpayer that was designated by MEGA as an anchor company to calculate the credit (e.g., 10 percent) times the federal basis within the last five years and that has influenced a new of the property used to calculate gain or loss [as calculated for qualified supplier or customer to open, locate, or expand in federal purposes] as of the date of the disposition or transfer. Michigan. Beginning January 1, 2012, this credit is available as The amount otherwise added to the tax liability may also be a certificated credit to the extent that the taxpayer has entered used to reduce any carryforward of credits available to the into an agreement with MEGA by December 31, 2011, but taxpayer. the credit has not been fully claimed or paid prior to January UBGs: If any member of the UBG is reporting recapture, 1, 2012. This credit must be claimed beginning with the a statement must be attached to this form identifying the taxpayer’s first tax year ending after December 31, 2011, in reporting member. order for the taxpayer to remain taxable under the MBT and claim the credit. Line 40: Enter only the unused credit from a previous period MBT return. Available SBT credit carryforward is claimed A qualified taxpayer may take a credit up to 100 percent of its separately on Form 4569. supplier’s or customer’s payroll for employees who perform qualified new jobs multiplied by the Michigan Individual UBGs: Standard taxpayers, enter the unused credit amount Income Tax rate. This credit may be taken for a period of up to from Form 4580, Part 2B, line 54, column C. Financial five years, as determined by MEGA. Any amount that exceeds institutions, enter the combined total of carryforward amounts the taxpayer’s tax liability may be refunded or carried forward reported on Form 4752, line 31, by all members of the group. for ten years or until it is used up, whichever occurs first. To be Line 43: If the Brownfield Redevelopment Credit has been eligible for the credit, a taxpayer must be certified by MEGA. assigned, attach the MBT Brownfield Redevelopment Credit MEGA also may provide that qualified sales to a qualified Assignment Certificate to the return. (If the certificate is not customer not be considered in calculating the sales factor for attached, the credit will be disallowed.) the tax year for which a credit is provided. Line 46: For the credit to be valid, attach the Certificate The statute provides for reduction, termination, or recapture of of Completion, issued after the completion of the approval the credit if the taxpayer fails to comply with its agreement or process, to the return. (If the certificate is not attached, the the statute. Credit recapture is calculated on Form 4587. credit will be disallowed.) For more information, contact MEDC at (517) 373-9808 or visit Line 54: Add lines 51 and 53. This amount is the Brownfield the MEDC Web site at http://www.michiganadvantage.org/. Redevelopment credit carryforward to be used on the Line 65: UBGs: Enter unused credit amount from Form 4580, taxpayer’s next MBT return. Part 2B, line 58, column C. MEGA Plug-In Traction Battery Manufacturing Line 68: Approved businesses receive a certificate from Credit MEGA each year showing the total amount of tax credit allowed. Attach the Anchor Jobs Tax Credit Certificate to the The MEGA Plug-In Traction Battery Manufacturing Credit return. (If the certificate is not attached, the credit will be encourages investment in the development, manufacture, disallowed.) commercialization, and affordability of advanced automotive high-power energy batteries. The credit is available only to Line 71: Add lines 67 and 70b. This amount is the Anchor a taxpayer that has entered into an agreement with MEGA Company Payroll credit carryforward to be used on the that provides that the taxpayer will manufacture plug-in taxpayer’s next MBT return. traction battery packs in Michigan. This credit is no longer available. However, unused credit carryforward from the Anchor Company Taxable Value Credit immediately preceding tax year may still be claimed, if The Anchor Company Taxable Value Credit is available for a available. qualified taxpayer that was designated by MEGA as an anchor For more information, contact MEDC at (517) 373-9808 or visit company within the last five years and that has influenced a the MEDC Web site at http://www.michiganadvantage.org/. new qualified supplier or customer to open, locate, or expand in Michigan. Line 57: UBGs: Enter the unused credit amount from Form 4580, Part 2B, line 57, column C. Beginning January 1, 2012, this credit is available as a 132 |
certificated credit to the extent that the taxpayer has entered Large Scale Battery Credit is no longer available. into an agreement with MEGA by December 31, 2011, but However, unused credit carryforward of these credits from the credit has not been fully claimed or paid prior to January the immediately preceding tax year may still be claimed, if 1, 2012. This credit must be claimed beginning with the available. taxpayer’s first tax year ending after December 31, 2011, in order for the taxpayer to remain taxable under the MBT and Line 81a-f: Enter unused credit amount from a previous period claimed the credit. MBT return for the appropriate credit. A qualified taxpayer may take a credit in an amount up to 5 UBGs: Enter the unused credit amount from Form 4580, Part percent of its supplier’s or customer’s taxable property value 2B, for the appropriate credit. within a ten mile radius of the qualified taxpayer. This credit Line 81a-f: Enter unused credit amount from a previous period may be taken for a period of up to five years, as determined MBT return for the appropriate credit. by MEGA. Any amount that exceeds the taxpayer’s tax liability may be refunded or carried forward for five years or until it is Line 84a-f: Approved businesses receive a certificate from used up, whichever occurs first. To be eligible for the credit, a MEGA each year showing the total amount of tax credit taxpayer must be certified by MEGA. MEGA also may provide allowed. Attach the certificate to the return. (If the certificate that qualified sales to a qualified customer not be considered in is not attached, the credit will be disallowed.) calculating the sales factor for the tax year for which a credit is NOTE: Line 84e: For tax years ending after December 31, provided. 2017, the MEGA Large Scale Battery Credit is no longer The statute provides for reduction, termination, or recapture available. of the credit if the taxpayer fails to comply with its agreement NOTE: Line 84f: For tax years ending after December 31, or the statute. Credit recapture is calculated on the MBT 2016, the MEGA Advanced Lithium Ion Battery Credit is Schedule of Recapture of Certain Business Credits and no longer available. Deductions (Form 4587). For more information, contact the MEDC at (517) 373-9808 or visit the MEDC Web site at NOTE: Line 84c: For tax years ending after December 31, http://www.michiganbusiness.org/. 2014, the MEGA Advanced Battery Engineering Credit, line 84c, is no longer available. Line 73: Enter unused credit amount from a previous period MBT return. Line 87: Add lines 83 and 86b. This amount is the MEGA Poly-Silicon Energy Cost Credit and/or Miscellaneous MEGA UBGs: Enter the unused credit amount from Form 4580, Part Battery Credits carryforward to be used on the taxpayer’s next 2B, line 59, column C. MBT return. Line 76: Approved businesses receive a certificate from NOTE: The MEGA battery manufacturing facility credit now MEGA each year showing the total amount of tax credit has a limited accelerated option. For more information on allowed. Attach the Anchor District Tax Credit Certificate to accelerated certificated credits, see Form 4589. the return. (If the certificate is not attached, the credit will be disallowed.) Include completed Form 4584 as part of the tax return filing. Line 79: Add lines 75 and 78b. This amount is the Anchor Company Taxable Value credit carryforward to be used on the taxpayer’s next MBT return. MEGA Poly-Silicon Energy Cost Credit and Miscellaneous MEGA Battery Credits Beginning January 1, 2012, these credits are available as certificated credits to the extent that the taxpayer has entered into an agreement with MEGA by December 31, 2011, but the credit has not been fully claimed or paid prior to January 1, 2012. These credits must be claimed beginning with the taxpayer’s first tax year ending after December 31, 2011, in order for the taxpayer to remain taxable under the MBT and claim the credit. For tax years ending after December 31, 2014, the MEGA Advanced Battery Engineering Credit is no longer available. For tax years ending after December 31, 2016, the MEGA Advanced Lithium Ion Battery Credit is no longer available. For tax years ending after December 31, 2017, the MEGA 133 |
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Michigan Department of Treasury Attachment 05 4585 (Rev. 04-22), Page 1 of 2 2022 MICHIGAN Business Tax Investment Tax Credit Recapture From Sale of Assets Acquired Under Single Business Tax Issued under authority of Public Act 36 of 2007. Taxpayer Name (If Unitary Business Group, Name of Designated Member) Federal Employer Identification Number (FEIN) or TR Number Unitary Business Groups Only: Name of Unitary Business Group Member Reporting on This Form Federal Employer Identification Number (FEIN) or TR Number PART 1: CALCULATION OF SINGLE BUSINESS TAX (SBT) INVESTMENT TAX CREDIT (ITC) RECAPTURE BASES Each row in lines 1-3 is for assets acquired in an SBT tax year and disposed of this year. Enter years in date order, with the oldest listed first. Columns B and C are totals by acquisition year. Line 1, column D, and Line 2, column E: For all years, enter MBT apportionment percentage from Form 4567, line 11c. Enter amounts in whole dollars (no cents). Depreciable Tangible Assets 1. A B C D E F Taxable Year (End Date) Apportioned SBT ITC Recapture In Which Disposed Combined Sales Price Apportionment Gain/Loss (Base 1) Assets Were Acquired of Disposed Assets by Net Gain/Loss From Percentage Multiply Column C Subtract Column E (MM-DD-YYYY) Year of Acquisition Sale of Assets From Form 4567, line 11c by Column D From Column B Depreciable Mobile Tangible Assets 2. A B C D E F Taxable Year (End Date) SBT ITC Recapture In Which Disposed Combined Sales Price of Adjusted Proceeds Apportionment (Base 2) Assets Were Acquired Disposed Assets by Net Gain/Loss From Subtract Column C Percentage Multiply Column D (MM-DD-YYYY) Year of Acquisition Sale of Assets From Column B From Form 4567, line 11c by Column E Assets Transferred Outside Michigan 3. A B Taxable Year (End Date) SBT ITC Recapture In Which Disposed Combined Adjusted Federal Basis of Assets Were Acquired Disposed Assets by Year of Acquisition (MM-DD-YYYY) (Base 3) + 0000 2022 75 01 27 7 Continue on Page 2. |
2022 Form 4585, Page 2 of 2 FEIN or TR Number UBG Member FEIN or TR Number PART 2: CALCULATION OF SBT ITC RECAPTURE RATES Enter amounts from ALL prior SBT C-8000ITC forms filed for tax years beginning on or after January 1, 2000. Enter SBT tax years in date order. Enter amounts in whole dollars only (no cents). 4. A B C D E Return For Taxable Year Effective Ending Net Capital Investment SBT ITC SBT ITC Used Percentage Rate of (MM-DD-YYYY) (C-8000ITC, Line 24) (C-8000ITC, Line 33) (C-8000ITC, Line 36) SBT ITC by Year % % % % % % % % % Enter amounts from Form 4569, line 3, for all periods ending in 2008 or 2009. 5. A B Return For Taxable Year Ending SBT ITC Carryforward Used (MM-DD-YYYY) (Form 4569, line 3) PART 3: CALCULATION OF SBT ITC RECAPTURE AMOUNTS Enter amounts in whole dollars only (no cents). 6. A B C D Taxable Year (End Date) In Which Disposed Total SBT ITC Recapture Base Year-Specified Recapture Assets Were Acquired by Year of Acquisition Percentage Rate from Recapture Amount (MM-DD-YYYY) Add Amounts from Columns 1F, 2F and 3B Line 4, Column E Multiply Column B by Column C % % % % % % % % % 7. TOTAL. Enter total of Line 6, column D. Add this amount to the total of Form 4570, Worksheet 2 (in instructions), column U, if applicable, and carry the sum to Form 4570, line 19 ......................... 7. 00 + 0000 2022 75 02 27 5 |
Instructions for Form 4585 Michigan Business Tax (MBT) Investment Tax Credit Recapture From Sale of Assets Acquired Under Single Business Tax Purpose benefit derived) from the disposition of tangible, depreciable real or personal property that was acquired in a tax year To calculate the Investment Tax Credit (ITC) recapture amount beginning after 1999 and prior to 2008, and the recapture for for the disposition or transfer of tangible, depreciable real or property moved out of state. The calculation of gross proceeds personal property acquired in tax years beginning after 1999 and may be reduced by selling expenses. Lines 1, 2, and 3 represent prior to 2008 which must be recaptured to the extent used and at three different categories of SBT ITC assets, categorized by the rate used under the Single Business Tax (SBT) or MBT. Form type of asset or nature of disposition. 4585 must be filed as a supporting form for the total recapture NOTE: A sale of qualifying property reported on the installment amount reported on the MBT Credits for Compensation, method for federal income tax purposes causes a recapture of Investment and Research and Development (Form 4570). the entire gross proceeds in the year of the sale. The recapture NOTE: Recapture is mandatory even if a taxpayer is otherwise is reduced by any gain reported in federal taxable income in not required to file a return because it does not meet the filing the year of the sale. The gain attributable to the installment sale threshold of $350,000. that is reported in subsequent years increases the credit base (or reduces other sources of recapture) for those years, and must be Public Act 282 of 2014 reported either on line 1, column C, or line 2, column C, based on PA 282 of 2014 provides for a change to the Investment Tax the type of asset. Credit (ITC) Recapture. For assets purchased, acquired, Line 1: For depreciable tangible assets located in Michigan that or transferred into Michigan in a tax year beginning after were acquired or moved into Michigan after acquisition in a tax December 31, 2007, that were sold or otherwise disposed of, or year beginning after 1999 and prior to 2008, and were sold or transferred outside Michigan during the tax year, recapture is otherwise disposed of during the tax year, enter the following: now required to the extent and at the rate the credit was used under the MBT. The amount on line 7 of this form will be used • Column A: Separate the depreciable tangible assets that on Form 4570. Taxpayers need to take special care to read the were disposed of during the filing period by the tax year instructions for Form 4570, line 19. in which they were acquired. Use a separate row for each acquisition year. Enter the tax years of acquisition (end dates only) in chronological order, starting with the first tax year Line-by-Line Instructions beginning after 1999. An acquisition year for which there Lines not listed are explained on the form. were no dispositions of depreciable tangible assets during the filing period may be omitted. However, do not omit the REMINDER: Report all amounts in whole dollars. Round acquisition year of depreciable tangible assets that have down amounts of 49 cents or less. Round up amounts of 50 been sold on an installment method if gains attributable to cents or more. If cents are entered on the form, they will be installment payments received during the current filing treated as whole dollar amounts. period must be reported. Dates must be entered in MM-DD-YYYY format. • Column B: Total gross proceeds from all depreciable tangible Name and Account Number: Enter name and account number assets that were acquired in the same taxable year and as reported on page 1 of Form 4567. disposed of during the filing period. If a qualifying asset was sold on an installment sale in a prior filing period, the entire UBGs: Complete one form for each member that disposed of sale price was reported for recapture purposes in the year of capital assets that trigger SBT ITC credit recapture. Enter the sale. Therefore, if a payment was received on that installment Designated Member (DM) name in the Taxpayer Name field sale in the current filing period, do not report that amount as and the specific member of the UBG for which this form is gross proceeds for this period. See Column C, however, with filed on the line below. On the copy filed to report the DM’s respect to the gain from that installment payment. data (if applicable), enter the DM’s name and account number on each line. • Column C: Net total gains/losses reflected in federal taxable income from all depreciable tangible assets that UBGs: If capital asset subject to recapture is from a member were acquired in the same taxable year and disposed of that was not part of the group in the tax year the asset was during the filing period. Report also in column C any acquired (and other years since the acquisition), take care gain reflected in federal taxable income that is attributed to report in this line (and the others that pertain to years the to an installment payment received during the current member was not part of the group) information requested in MBT filing period, from a prior installment sale of an each column only from the member’s single filings, not the asset that was of a type and acquisition date covered by group’s. line 1. For property placed in service prior to January 1, 2008, gain reflected in federal taxable income is equal to the PART 1: CALCULATION OF SBT ITC RECAPTURE BASES gain reported for federal purposes. In Part 1, compute the adjusted proceeds (proceeds include any 137 |
Keep in your files a separate worksheet with the appropriate • Column C: Net total gains/losses reflected in federal information regarding each depreciable tangible asset located taxable income from all depreciable mobile tangible assets in Michigan that was acquired or moved into Michigan after that were acquired in the same taxable year and disposed acquisition in a tax year beginning after 1999 and prior to of during the filing period. Report also in column C any 2008, and was sold or otherwise disposed of during the tax gain reflected in federal taxable income that is attributed year. Sum the total gross proceeds and gain or loss for all to an installment payment received during the current disposed assets acquired in the same taxable year. Enter in MBT filing period, from a prior installment sale of an this form only the total sum of gross proceeds and gain/loss asset that was of a type and acquisition date covered by grouped by taxable year the assets were acquired. Use one row line 2. For property placed in service prior to January 1, per group of disposed assets acquired in the same taxable year. 2008, gain reflected in federal taxable income is equal to the Start from the earliest acquisition year. gain reported for federal purposes. • Column D: Enter the apportionment percentage from Form Keep in your files a separate worksheet with the appropriate 4567, line 11c. If not apportioning, enter 100 percent. Enter information regarding each depreciable mobile tangible asset the same apportionment percentage for each row completed. acquired in a tax year beginning after 1999 and prior to 2008, and sold or otherwise disposed of during the tax year. Sum the • Column F: Subtract column E from column B for each row. total gross proceeds and gain or loss for all disposed assets If column E is a loss, add its positive value to column B for acquired in the same taxable year. Enter in this form only each appropriate row. A loss in column E will increase the the total sum of gross proceeds and gain or loss grouped by recapture base. taxable year the assets were acquired. Use one row per group Line 2: Mobile tangible assets are all of the following: of disposed assets acquired in the same taxable year. Start from the earliest acquisition year. • Motor vehicles that have a gross vehicle weight rating of 10,000 pounds or more and are used to transport property or • Column D: Subtract figures in column C from figures in persons for compensation; column B for each row. If column C is a loss, add its positive • Rolling stock (railroad freight or passenger cars, value to column B for each appropriate row. A loss in locomotives or other railcars), aircraft, and watercraft column C will increase the recapture. used by the owner to transport property or persons for • Column E: Enter the apportionment percentage from Form compensation or used by the owner to transport the owner’s 4567, line 11c. Enter the same apportionment percentage for property for sale, rental, or further processing; each row you have filled columns A through D. • Equipment used directly in completion of, or in construction • Column F: Multiply figures in column D by column E for contracts for, the construction, alteration, repair, or each row. improvement of property. Line 3: For depreciable tangible assets other than mobile For depreciable mobile tangible assets that were acquired in tangible assets acquired in tax years beginning after 1996 a tax year beginning after 1999 and prior to 2008, and were and prior to 2008, that were eligible for the ITC in tax years sold or otherwise disposed of during the tax year, enter the beginning after 1999 and prior to 2008, and were transferred following: outside Michigan during the tax year, enter the following: • Column A: Separate the depreciable mobile tangible assets Column A: Separate the depreciable tangible assets other • than mobile tangible assets that were transferred out of that were disposed of during the filing period by the tax year Michigan during the filing period by the tax year in which in which they were acquired. Use a separate row for each they were acquired. Use a separate row for each acquisition acquisition year. Enter the tax years of acquisition (end dates year. Enter the tax years of acquisition (end dates only) only) in chronological order, starting with the first tax year in chronological order, starting with the first tax year beginning after 1999. An acquisition year for which there beginning after 1999. An acquisition year for which there were no dispositions of depreciable mobile tangible assets were no transfers of depreciable tangible assets out of during the filing period may be omitted. However, do not Michigan during the filing period may be omitted. omit the acquisition year of depreciable mobile tangible assets that have been sold on an installment method if gains • Column B: Total sum of adjusted federal basis from all attributable to installment payments received during the depreciable tangible assets acquired in the same taxable year current filing period must be reported. and transferred out of Michigan during the filing period. • Column B: Total gross proceeds from all depreciable mobile Keep in your files a separate worksheet with the appropriate tangible assets that were acquired in the same taxable year information regarding each depreciable tangible asset other than and disposed of during the filing period. If a qualifying asset mobile tangible assets acquired in tax years beginning after 1999 was sold on an installment sale in a prior filing period, the and prior to 2008, that were eligible for the ITC in tax years entire sale price was reported for recapture purposes in the beginning after 1999 and prior to 2008, and were transferred year of sale. Therefore, if a payment was received on that outside Michigan during the tax year. Sum the total adjusted installment sale in the current filing period, do not report federal basis for all such transferred assets acquired in the same that amount as gross proceeds for this period. See Column taxable year. Enter in this form only the total sum of adjusted C, however, with respect to the gain from that installment federal basis grouped by taxable year the assets were acquired. payment. Use one row per group of such transferred assets acquired in the same taxable year. Start from the earliest taxable year. 138 |
PART 2: CALCULATION OF SBT ITC RECAPTURE RATES The simplest method that can be used is Method A. Taxpayers Recapture rates can be calculated using any of 3 methods that meet any of the situations above should use Method A. It described in the “Method Summary Table” below. The Table provides correct results using the least amount of data input highlights the methods’ pros and cons. Choose your method, from the taxpayer. and follow the appropriate instructions to calculate the rates on Complete line 4 and line 5 according to the method chosen, as line 4, column E. explained below: NOTE: Whichever method used, the calculated effective • Method A: recapture rate of SBT ITC by year cannot be higher than the figure calculated under Method A for any year. ○ Line 4, columns A through D: Enter the tax year end date of each acquisition year of disposed assets that NOTE ON USING SIMPLEST METHOD: When amount triggered SBT ITC recapture. (Those dates should be of SBT ITC used equals the amount of SBT ITC created, the the same as appear in column A of lines 1-3.) For each three methods yield the same result. This occurs in any of the year displayed in column A, enter Form C-8000ITC following situations: (SBT Investment Tax Credit) information required in • Calendar year filer(*): 2009 MBT Single Business Tax the appropriate column, using return data specific Credit Carryforwards (Form 4569), lines 2 and 3, are equal from each applicable tax year. If the amount of column for the latest 2009 tax year return filed; C is zero for a particular year, and the amount on C-8000ITC, line 10 for that year is larger than zero, • Fiscal year filer(*): 2008 MBT Form 4569, line 4, equals taxpayers may not enter zero on column E if the zero for the latest 2009 tax year return filed; taxpayers fall in either of the two categories explained • Filers(**) who created SBT ITC credits and have filed an below, and must do the appropriate calculations as MBT Simplified Return (Form 4583) for either 2008 or 2009 follows: tax year; or 1) Taxpayers used the straight method to calculate the SBT • Filers(**) who created SBT ITC credits, have NOT filed liability for that taxable year: calculate the credit rate as 2008 or 2009 MBT return, and have filed MBT return(s) for instructed on C-8000ITC, line 26 for that taxable year, tax year(s) after 2009. and enter the result on column E; or (*) For UBGs, the condition applies only for groups where all 2) Taxpayer used the excess compensation reduction members were included in every 2008 and 2009 MBT return method to calculate the SBT liability for that taxable filed by the group. year: calculate the credit rate on C-8000ITC, line 26, for that taxable year; subtract the percentage found on (**) Filers refers to single filers (non-UBGs) or UBG members C-8000S, line 6, from 100%, and multiply the result in the current tax year who were not part of a group in 2008 of that subtraction by the calculated credit rate on or 2009 and were single filers then. To preserve the SBT C-8000ITC, line 26. Enter the result on column E. credit carryforward from one year to the next the taxpayer is required to file Form 4567. ○ Line 5, columns A and B: Leave lines blank. METHOD SUMMARY TABLE TYPE OF METHOD PROS CONS Method A • Easy to calculate. • Method does not take into account the extent to • Taxpayer or UBG member disposing of ITC which the ITC was used. asset only need to enter information on line 4 for years in which assets that trigger recapture were acquired. Method B • Takes into account the extent to which the ITC • Taxpayers must fill lines 4, 5, 6, Table I was used. at the end of the instructions, and enter necessary information in Treasury webtool. (www.michigan.gov/mbt4585tool) • Information on line 4 must be entered for all years in which assets were bought and ITC was claimed, whether or not those assets were disposed in the current tax year. Method C • Taxpayers complete line 4, column E. • Taxpayer needs to develop own calculation procedure that reflects the MBT statute. Retain records to substantiate calculation. 139 |
○ Line 4, column E: Divide the amount in column C than one return was filed for the same tax year (that by the amount in column B, for each taxable year in is, the taxpayer filed an amended return), use only the column A, and enter as a percentage. information from the latest return filed for that tax year. • Method B: NOTE: For MBT tax years the taxpayer filed Form 4567 and no ○ Line 4, columns A through D: Gather all C-8000ITC Form 4569, enter on line 5A the taxable year end date, and enter forms filed for tax years beginning on or after January zero for line 5B. Do not enter any information on lines 5A and 1, 2000. (If an amended C-8000ITC was filed, use the 5B for MBT years in which the taxpayer filed nothing or filed figures from the amended form, not the original.) Sort a Form 4583. See Note on Using Simplest Method under the all the returns in chronological order of taxable year end heading Calculation of SBT ITC Recapture Rates on these date, from earliest to latest date. Starting with the Form instructions. Not filing a Form 4567 does not allow a taxpayer to C-8000ITC for the earliest applicable SBT filing period, preserve SBT credit carryforward from one year to the next. enter the information requested on the table for each UBGs: During tax years ending in 2008 and 2009, UBG taxable year (use one row for each return). groups were allowed to offset the group liability by NOTE: For SBT tax years when the taxpayer filed a C-8000 claiming member’s SBT ITC credit carryforward. When (SBT Annual Return) with no C-8000ITC, or a C-8030 (SBT completing line 5, column B, enter the portion of the total Notice of No SBT Return Required), enter on line 4A the group SBT ITC credit carryforward used by the group taxable year end date, and enter zero for lines 4B, 4C, and 4D. for each year that pertains to the specific member that is Do not enter any information on lines 4A through 4D for SBT completing Form 4585. If the member completing Form tax years in which the taxpayer filed nothing OR filed a C-8044 4585 was not part of a UBG in 2008 and/or 2009 tax years, (SBT Simplified Return). If more than one return was filed and filed as a non-UBG filer, take care to report on lines for the same tax year (that is, the taxpayer filed an amended 5A and 5B information from the member’s singly filed return), use only the information from the latest return filed for returns. Likewise, if the member completing Form 4585 that tax year. was part of another UBG in 2008 and/or 2009 tax years, take care to report on line 5A and 5B member information ○ Line 5, columns A and B: Starting with Form 4569 for resulting from using the other UBG’s returns information. the earliest 2008 and latest 2009 applicable MBT filing period, enter the information requested on table. If more Example: In 2008, group ABC files MBT return claiming Table I: Determining Credit Amount that Offsets Credit Recapture 7. A B C D Taxable Year (End Date) In Which MBT ITC SBT ITC Credit Rate Disposed Asset Was SBT Capital Divide line 4, column C, Gross SBT ITC Credit Amount Acquired Investment Amount by line 4, column B Multiply column B (MM-DD-YYY) (C-8000ITC, line 10) (See Instructions if zero) by column C 8. E F G H Taxable Year SBT Recapture Capital SBT Recapture Amount Offset (repeat from Investment Amount Gross SBT ITC Credit Recapture by Credit column A) (C-8000ITC, line 23) Multiply column F by column C Lesser of columns D and G 9. I J K L M SBT ITC Recapture Rate Extent Credit Used Rate Multiply columns C Taxable Year SBT ITC Credit Amount Divide column K and L. Carry amount to (repeat from That offsets SBT liability Total SBT ITC Credit Amount Used by column D Worksheet 4a, line 4, column A) (from webtool) Add columns J and H (cannot be more than 1) column E 140 |
$1,000,000 in SBT ITC credit carryforward. The group • Line 9, column J: Enter amount of ITC credit consisted of Company 1, Company 2, Company 3, and used provided by the webtool that corresponds Company 4. Company 4’s tax year ended after the tax to each taxable year displayed on line 9, column year of the group’s Designated Member, so Company I. Access the Michigan Department of Treasury 4’s data was not included in group ABC’s 2008 MBT (Treasury) Web tool by going to the Treasury site return, even though Company 4 was part of the UBG. (www.michigan.gov/mbt4585tool), and enter the The total $1,000,000 in SBT ITC credit carryforward necessary information as instructed). resulted from the sum of $200,000 in SBT ITC credit • Line 9, column M: For each taxable year on line carryforward from Company 1, $300,000 from Company 9, column I, multiply line 7, column C by line 9, 2, and $500,000 from Company 3. In the current year, column L. Enter results here. Match the taxable Companies 2, 3, and 4 dispose of capital investment year on line 9, column I with the taxable year on outside of the UBG, which triggers SBT ITC credit line 4, column A, and carry amount from line 9, recapture. In the current year, group ABC files MBT column M to line 4, column E for each appropriated returns. The UBG fills one MBT Form 4585 for each tax year line. Company 2, Company 3, and Company 4, in which is reported the SBT ITC credit recapture from each member. • Method C: When filling Form 4585,line 5, column B for Company ○ Line 4, columns A through D: Fill column A, and 2, report $200,000 – which represents the portion of the leave all others blank. total SBT ITC credit carryforward claimed by the group ○ Line 5, columns A and B: Leave lines blank. in 2008 that corresponds only to Company 2’s SBT ITC credit carryforward in 2008. When filling Form 4585, ○ Line 4, column E: Enter results from the taxpayer’s line 5, column B for Company 3, report $500,000 – which own software of choice (that is, a non-Treasury Web represents Company 3’s portion of the total SBT ITC credit tool) or the taxpayer’s own calculation that reflects the carryforward claimed by the group in 2008. When filling MBT statute. Retain records to substantiate figures Form 4585, line 5B for Company 4, report $0 – which entered in the filed return. represents Company 4’s portion of the total SBT ITC credit PART 3: CALCULATION OF SBT ITC RECAPTURE AMOUNTS carryforward claimed by the group in 2008. Line 6: Follow the instructions below: ○ Line 4, column E: For each taxable year, enter the rates calculated on Table I, line 9, column M. Column A: Enter in chronological order, beginning with the earliest, the tax year end date of each acquisition year of ○ Filling Table I at the end of these Instructions (lines disposed assets that triggered SBT ITC recapture from lines 1-3. and columns not listed are explained on the table): • Line 7, column A: Enter only taxable years in Column B: Separately for each acquisition year listed in which SBT ITC disposed assets were acquired. column A, combine the corresponding amounts in line 1, Dates should match those listed on lines 1, 2, and 3, column F, line 2, column F, and line 3, column B for all columns A. List each date only once. disposed assets that triggered SBT ITC recapture. • Line 7, column C: For each taxable year on line 6, Column C: For each acquisition year listed in column A, enter column A, find the corresponding SBT ITC amount the corresponding SBT ITC effective rate from line 4, column reported on line 4, column C, and Net Capital E. Match the acquisition year in line 6, column A, with the Investment amount reported on line 4, column B. corresponding acquisition year in line 4, column A. Divide amounts from line 4, column C by amounts Column D: Multiply column B by column C for each from line 4, column B for each taxable year and acquisition year. enter results here. If the quotient of that division for a particular tax year listed equals zero, and the Line 7: Add figures in each row of line 6, column D, and amount on line 7, column B is positive, instead of enter the total here. zero, enter the following on line 7, column C as appropriate: If no assets purchased in MBT years were disposed of or transferred out of Michigan this year, carry the amount 1) Taxpayer used the straight method to calculate the reported on this line to Form 4570, line 19. SBT liability for that taxable years: calculated the credit rate on C-8000ITC, line 26 for that taxable If any assets purchased in MBT years were disposed of year, and enter the result here; or transferred out of Michigan this year, add the amount reported on line 7 of this form to the sum of amounts 2) Taxpayer used the excess compensation reduction calculated on Column U of Worksheet 2 in the instructions method to calculate the SBT liability for that taxable of Form 4570. Report the sum of those two figures on year: calculate the credit rate on C-8000ITC, line Form 4570, line 19. This calculation change implements a 26, for that taxable year; subtract the percentage requirement of Public Act 282 of 2014. found on C-8000S (SBT Deductions to Adjusted Tax Base), line 6, from 100%, and multiply the result of that subtraction by the calculated credit rate on Include completed Form 4585 as part of the tax return filing. C-8000ITC, line 26. Enter the result here. 141 |
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Michigan Department of Treasury Attachment 21 4587 (Rev. 04-22) 2022 MICHIGAN Business Tax Schedule of Recapture of Certain Business Tax Credits and Deductions Issued under authority of Public Act 36 of 2007. Taxpayer Name Federal Employer Identification Number (FEIN) or TR Number Complete this schedule for any recapture in this tax year of previous tax credits and deductions listed on this schedule. 1. This recapture has expired. Leave this line blank and skip to line 2a .................................................................. 1. X X X X X X X X 00 2. a. Recapture of Michigan Business Tax MEGA Employment Tax Credit ............................................................. 2a. 00 b. This recapture has expired. Leave this line blank and skip to line 4 ............................................................... 2b. X X X X X X X X 00 c. This recapture has expired. Leave this line blank and skip to line 4 ............................................................... 2c. X X X X X X X X 00 3. This recapture has expired. Leave this line blank and skip to line 4 .................................................................... 3. X X X X X X X X 00 4. Recapture of MEGA Federal Contract Credit ........................................................................................................ 4. 00 5. Recapture of MEGA Photovoltaic Technology Credit ............................................................................................ 5. 00 6. This recpature has expired. Leave this line blank and skip to line 7 ..................................................................... 6. X X X X X X X X 00 7. Recapture of MBT Brownfield Redevelopment Credit. Enter the amount from Form 4584, line 47 ...................... 7. 00 8. Recapture of Film Infrastructure Credit a. Enter all eligible depreciable tangible assets located in Michigan that were acquired in a tax year beginning after December 31, 2007, and were sold or otherwise disposed of during the tax year. (Date format: MM-DD-YYYY) A B C D E F Description City Date Acquired Date Sold Gross Sales Price Gain/Loss b. Total columns E and F. A loss in column F will increase recapture............................ 8b. c. Adjusted Proceeds. If line 8b, column F, is a gain, subtract line 8b, column F, from line 8b, column E. If line 8b, column F, is a loss, add line 8b, column E and F .............................................................................. 8c. 00 If taxable in another state, complete lines 8d and 8e; otherwise, skip to line 8f. d. Apportioned gains (losses). Multiply line 8b, column F, by the percentage from Form 4567, line 11c ............. 8d. 00 e. Apportioned Adjusted Proceeds. If line 8d is a gain, subtract line 8d from line 8b, column E. If line 8d is a loss, add line 8d and line 8b, column E ....................................................................................... 8e. 00 f. Recapture of Film Infrastructure Credit. Multiply line 8c or line 8e by 25% (0.25)........................................... 8f. 00 9. Recapture of Anchor Company Payroll Credit ....................................................................................................... 9. 00 10. Recapture of Anchor Company Taxable Value Credit ........................................................................................... 10. 00 11. Recapture of Qualified Affordable Housing deductions ......................................................................................... 11. 00 12. Recapture of Miscellaneous MEGA Battery Credits (for the recapture of the MEGA Battery Manufacturing Facility Credit, MEGA Large Scale Battery Credit, and MEGA Advanced Lithium Ion Battery Credit; see instructions) a. Total Recapture of Miscellaneous MEGA Battery Credits ................................................................................. 12a. 00 b. Battery Credit code ...................................................................................... 12b. c. Second Battery Credit code......................................................................... 12c. 13. Total Recapture of Certain Business Tax Credits and Deductions. Add lines 2a, 4, 5, 7, 8f, 9, 10, 11 and 12a. Carry amount to Form 4567, line 56, Form 4588, line 26, or Form 4590, line 29 .................................. 13. 00 + 0000 2022 81 01 27 4 |
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Instructions for Form 4587, Michigan Business Tax (MBT) Schedule of Recapture of Certain Business Tax Credits and Deductions Purpose Line 2b: The SBT MEGA Employment Tax Credit is no longer subject to recapture. Leave this line blank. Complete this schedule for any recapture in this tax year of previously claimed tax credits listed on this schedule. Recapture Line 2c: The SBT MEGA Business Activity Credit is no of some tax credits occurs at the same point in the forms as longer subject to recapture. Leave this line blank. the credit is calculated. The credits on this form, however, are Line 3: The Entrepreneurial Credit is no longer subject to required by statute to be recaptured at a later point in the tax recapture. Leave this line blank. calculation process. This form is also used to report a required recapture of an Affordable Housing Deduction. Line 4: Enter the total amount of MEGA Federal Contract Credit claimed on previously filed MBT Election of Refund Attachments in support of these recapture amounts are not or Carryforward of Credits forms (Form 4584) subject to required. Maintain the recapture calculation information in recapture. your files for review during audit. NOTE: The MEGA Federal Contract Credit is claimed through Special Instructions for Unitary Business Groups an agreement with MEGA. If a taxpayer claims this credit and subsequently fails to meet requirements of the MBT Act or If any member of the Unitary Business Group (UBG) is conditions of the agreement, the taxpayer must recapture the reporting recapture, a statement must be attached to this form entire amount of such credit previously claimed. identifying the reporting member and the amount of recapture for each applicable credit. If more than one member is Line 5: Enter the total amount of the MEGA Photovoltaic reporting recapture, requested information should be provided Technology Credit claimed on previously filed 4574 forms in the statement on a per member basis. The total amount from subject to recapture. all reporting members will be entered on each corresponding Line 6: The Biofuel Infrastructure Credit is no longer subject to line on this form. recapture. Line-by-Line Instructions Line 8: The Film Infrastructure Credit is available through an agreement between the taxpayer and the Michigan Film Office, Lines not listed are explained on the form. with the concurrence of the State Treasurer. The credit amount Dates must be in MM-DD-YYYY format. is up to 25 percent of the base investment expenditures in a qualified film and digital media infrastructure project. If the Name and Account Number: Enter name and account number taxpayer sells or otherwise disposes of a tangible asset that was as reported on page 1 of the applicable MBT annual return paid for or accrued after December 31, 2007, and whose cost (either the MBT Annual Return (Form 4567) for standard is included in the base investment, the taxpayer must report taxpayers, the MBT Annual Return for Financial Institutions recapture equal to 25 percent of the gross proceeds or benefit (Form 4590), or the Insurance Company Annual Return for from the sale or disposition, adjusted by the apportioned gain Michigan Business and Retaliatory Taxes (Form 4588)). or loss. UBGs: A UBG reporting recapture should include only NOTE: A sale of qualifying property reported on the one copy of this form as part of its annual return. Enter the installment method for federal income tax purposes causes Designated Member (DM) name in the Taxpayer Name recapture of the entire gross proceeds (including the amount of field and the DM account number in the Federal Employer the note) in the year of sale, less any gain reflected in federal Identification Number (FEIN) field. taxable income (as defined for MBT purposes) in the year of Line 1: The Research and Development Credit that is certified the sale. In each subsequent year of the installment note, enter by Michigan Economic Growth Authority (MEGA) is no zero in line 8a, column E, and enter the gain reflected in federal longer subject to recapture. Leave this line blank. taxable income (as defined for MBT purposes) in column F. For property placed in service prior to January 1, 2008, Line 2: If a taxpayer claims an MBT or Single Business Tax gain reflected in federal taxable income (as defined for MBT (SBT) MEGA Employment Tax Credit or an SBT MEGA purposes) is equal to the gain reported for federal purposes. Business Activity Credit for a previous tax period under an agreement with MEGA based on qualified new jobs, and then Line 8a: Enter all dispositions of depreciable tangible assets removes 51 percent or more of those qualified new jobs from included in base investment expenditures that were paid or Michigan within three years after the first year in which the accrued after December 31, 2007, and were sold or otherwise taxpayer claims such a credit, the taxpayer must recapture an disposed of during the tax year. amount equal to the total of all such credits claimed on prior • Columns A through D: Enter a brief description of the returns. asset, the city or township in which the asset is located, and Line 2a: Enter the total amount of the MBT MEGA the dates that the asset was paid for or accrued and disposed Employment Tax Credit claimed on previously filed 4574 forms of or sold. To list multiple disposition as one entry, the subject to recapture. date the assets were acquired and sold must be the same; dispositions with variable dates must be listed separately. 145 |
• Column E: Enter the total gross proceeds from the sale or eligible battery credits, enter the appropriate two-digit code disposition of depreciable tangible assets listed in column A. from the list below in line 12b. If reporting recapture for two • Column F: Enter total gain or loss included in calculating credits, enter the appropriate code for one of the recaptured federal taxable income (as defined for MBT purposes). credits on line 12b, and the other on line 12c. Lines 9-10: NOTE: The Anchor Company Payroll Credit Miscellaneous MEGA Battery Credit Codes and the Anchor Company Taxable Value Credit are claimed CREDIT CODE through an agreement with MEGA. If a taxpayer claimed one of these credits and subsequently fails to meet requirements of MEGA Battery Manufacturing Facility Credit ..................11 the MBT Act or conditions of the agreement, the taxpayer must MEGA Large Scale Battery Credit ................................... 12 recapture the entire amount of such credit previously claimed. MEGA Advanced Lithium Ion Battery Credit .................. 13 Line 9: Enter the total amount of the Anchor Company Payroll Credit claimed on previously filed 4584 forms subject to Line 13: Add lines 1, 2a, 3, 4, 5, 7, 8f, 9, 10, 11, and 12a. recapture. Standard taxpayers carry this amount to Form 4567, line 56. Line 10: Enter the total amount of the Anchor Company Insurance companies carry this amount to the Form 4588, line Taxable Value Credit claimed on previously filed 4584 forms 26. Financial Institutions carry this amount to the Form 4590, subject to recapture. line 29. Line 11: Under Michigan Compiled Laws 208.1201(6), the Include completed Form 4587 as part of the tax return filing. seller of residential rental units may take a deduction from its Business Income Tax base, after apportionment, of the gain from the sale of the residential rental units to a buyer who is a Qualified Affordable Housing Project (QAHP). To qualify for a deduction, the seller and buyer must enter into an “operation agreement” in which the buyer agrees to operate a specific number of the residential rental units sold as rent restricted units for a minimum of 15 years. The Department of Treasury (Treasury) will record a lien against the property subject to the operation agreement, to enforce the possibility of future recapture of this deduction. When the buyer fails to qualify as a QAHP or fails to operate any of the residential rental units as rent restricted units in accordance with the operation agreement within 15 years after the date of purchase, the lien recorded by Treasury becomes payable to the State. Failure to operate even one residential rental unit in accordance with an operation agreement constitutes failure to operate all or some of the residential rental units as rent restricted units in accordance with the operation agreement, and therefore is a recapture event. The lien is payable in the year the recapture event occurs. This recapture is mandatory even if a taxpayer is otherwise not required to file a return because it does not meet the filing threshold of $350,000. Enter a recapture amount equal to the full amount of the deduction allowed to the seller multiplied by a fraction, the numerator of which is the difference between 15 and the years the affordable housing project qualified and complied with the terms of the agreement and the denominator of which is 15. Line 12 NOTE: There are three different MEGA battery credits that are eligible for recapture and are reported on this line. If the taxpayer has more than one of these credits, enter the combined amount of those credits on line 12a. Line 12a: Enter the total amount of the MEGA Battery Manufacturing Facility Credit, MEGA Large Scale Battery Credit and MEGA Advanced Lithium Ion Battery Credit deemed to be added back to the tax liability by the Michigan Economic Growth Authority. Line 12b-c: If reporting recapture for only one of the three 146 |
Michigan Department of Treasury Attachment 12 4595 (Rev. 04-22), Page 1 of 2 2022 MICHIGAN Business Tax Renaissance Zone Credit Schedule Issued under authority of Public Act 36 of 2007. Taxpayer Name (If Unitary Business Group, Name of Designated Member) Federal Employer Identification Number (FEIN) or TR Number Unitary Business Groups Only: Name of Unitary Business Group Member Reporting on This Form Federal Employer Identification Number (FEIN) or TR Number 1. Tax liability before Renaissance Zone Credit. Enter amount from Form 4573, line 13, or Form 4596, line 14 ...... 1. 00 2. Enter property information below. If operating in multiple Zones, file a separate Form 4595 for each Zone: Street Address Zone or Subzone Check if a City Parcel Number certificated credit (see instructions) 3. Average value of property owned within the Zone ................................................................................................. 3. 00 4. Multiply rent paid for property within the Zone by 8 and enter the result ................................................................ 4. 00 5. Total property value within the Zone. Add lines 3 and 4 ......................................................................................... 5. 00 6. Average value of all property owned in Michigan ................................................................................................... 6. 00 7. Multiply rent paid for property in Michigan by 8 and enter the result ...................................................................... 7. 00 8. Total property value in Michigan. Add lines 6 and 7 ............................................................................................... 8. 00 9. Divide line 5 by line 8 and enter as a percentage................................................................................................... 9. % 10. Total payroll for services performed within the Zone .............................................................................................. 10. 00 11. Total Michigan payroll ............................................................................................................................................. 11. 00 12. Divide line 10 by line 11 and enter as a percentage ............................................................................................... 12. % 13. Add lines 9 and 12 and enter as a percentage ....................................................................................................... 13. % 14. Business Activity Factor. Divide line 13 by 2 and enter as a percentage ............................................................... 14. % 15. Credit based on the Business Activity Factor. Multiply line 14 by line 1 ................................................................. 15. 00 Adjusted Services Performed in the Renaissance Zone 16. Enter amount from line 10 ................................................................................ 16. 00 17. Enter depreciation for tangible property in the Zone exempt under MCL 211.7ff. Claim property exempt in tax year; also claim new property that will be exempt in immediately following tax year (see instructions)........................ 17. 00 18. Add lines 16 and 17 ........................................................................................................................................... 18. 00 19. Partnerships, S Corporations and Individuals Only (see instructions); UBGs, see instructions a. Business income from Form 4567, line 28. If less than zero, enter zero ........ 19a. 00 b. Apportionment percentage from Form 4567, line 11c ................................. 19b. % c. Enter percentage from line 14 ..................................................................... 19c. % d. Multiply line 19a by line 19b by line 19c ...................................................... 19d. 00 e. Add lines 18 and 19d ................................................................................... 19e. 00 20. Enter amount from line 18, or, if taxpayer is a Partnership, S Corporation or Individual, enter amount from line 19e .................................. 20. 00 21. Credit based on adjusted services performed in the Zone. Multiply line 20 by 10% (0.10) ............................... 21. 00 22. Taxpayers first located within the Renaissance Zone before 12-01-2002 ONLY. (All others, leave lines 22a-e and line 23 blank.) a. Renaissance Zone Credit allowed in 2007 .................................................. 22a. 00 b. Michigan payroll in 2007 .............................................................................. 22b. 00 c. Business Activity Factor for tax year 2007 and enter as a percentage........ 22c. % d. Divide line 11 by line 22b and enter as a percentage .................................. 22d. % e. Divide line 14 by line 22c and enter as a percentage .................................. 22e. % 23. Multiply line 22a by line 22d by line 22e ........................................................................................................... 23. 00 24. Tentative Renaissance Zone Credit. Taxpayers first located in Zone before 12-01-2002, enter the greater of (i) line 23 or (ii) the lesser of lines 15 and 21. All others, enter the lesser of lines 15 and 21 ............................... 24. 00 25. a. Reduced credit percentage from Reduced Credit Table on page 2 ............. 25a. % b. Reduced Renaissance Zone Credit. Multiply line 24 by the reduced credit percentage on line 25a. Carry amount to Form 4573, line 14, or Form 4596, line 15............................................................................ 25b. 00 + 0000 2022 95 01 27 5 |
2022 Form 4595, Page 2 of 2 REDUCED CREDIT TABLE If this tax period begins in the: The reduced credit is: Final year of designation as a Renaissance Zone.................25 percent (0.25) of tentative credit on line 24. Year immediately preceding the final year of designation as a Renaissance Zone .........................................................50 percent (0.50) of tentative credit on line 24. Second year before the final year of designation as a Renaissance Zone................................................................ 75 percent (0.75) of tentative credit on line 24. Third (or greater) year before the final year of designation as a Renaissance Zone ........................................................ 100 percent (1.00) of the tentative credit on line 24. + 0000 2022 95 02 27 3 |
Instructions for Form 4595 Michigan Business Tax (MBT) Renaissance Zone Credit Schedule Purpose Certificated Credits (Form 4947). EXAMPLE 1: Taxpayer enters into a qualified collaborative To allow eligible taxpayers to calculate and claim the agreement with the MSF and locates and begins conducting Renaissance Zone Credit. For standard taxpayers and financial business in a tool and die renaissance zone on January 1, 2011. institutions, the credit is calculated on Form 4595 and then Taxpayer may elect to continue under the MBT on the basis of carried to the MBT Miscellaneous Nonrefundable Credits this certificated renaissance zone credit. (Form 4573). Insurance companies will carry this credit to the Miscellaneous Credits for Insurance Companies (Form 4596). EXAMPLE 2: Taxpayer located and began conducting business in a designated renaissance zone on January 1, 2011; NOTE: If a person is located and has business activity in however, the renaissance zone does not qualify as a certificated more than one Renaissance Zone, use a separate Form 4595 to credit for purposes of the MBT election (see the certificated calculate the credit for each Zone. For each line that requires renaissance zone credits listed previously in these instructions). Zone-specific data, enter data based only on business activity The taxpayer also holds a certificated anchor company credit. in the Zone identified on line 2 of this copy of the form. Taxpayer may make the election to remain taxable under the MBT on the basis of its certificated anchor company credit and Renaissance Zone Credit continue to claim the non-certificated renaissance zone credit The Renaissance Zone Credit encourages businesses and once it has properly elected the MBT. individuals to help revitalize a designated Zone by providing a To obtain the credit an otherwise qualified taxpayer must file credit for businesses located and conducting business activity an MBT annual return. The credit is equal to the lesser of the within the Zone. The method of calculating the credit is following: different for businesses first locating and conducting business activity within the Renaissance Zone before December 31, • The tax liability attributable to business activity conducted 2002, and those businesses first locating and conducting within the Renaissance Zone in the tax year. business activity within the Renaissance Zone after December • 10 percent of adjusted services performed in the designated 30, 2002. Renaissance Zone. Use this form to calculate both a certificated and non- • For a taxpayer located and conducting business activity in certificated renaissance zone credit. Check the certificated the Renaissance Zone before December 1, 2002, the credit is credit box if the credit being calculated is a certificated equal to the greater of the two results below: renaissance zone credit. File a separate Form 4595 for each Result 1 zone and type (certificated or non-certificated) of credit. ○ The lesser of 1) the business activity conducted within Beginning January 1, 2012, only those taxpayers with a the zone (from line 15) OR 2) the adjusted services certificated credit, which is awarded but not yet fully claimed performed in the zone (from line 21) or utilized, may elect to be MBT taxpayers. A taxpayer with Result 2 a certificated renaissance zone credit may make the election to ○ The product of the following: remain taxable under the MBT for its first tax year ending after December 31, 2011. • The Single Business Tax (SBT) Renaissance Zone Credit claimed for the tax year ending in 2007. The certificated renaissance zone credits are the following types of zones for which the taxpayer has a development • The ratio of the taxpayer’s payroll in this agreement with the Michigan Strategic Fund (MSF) before State in the tax year divided by the taxpayer’s payroll January 1, 2012: in this State in its SBT tax year ending in 2007. • agricultural processing, • The ratio of the taxpayer’s Renaissance Zone Business Activity Factor for the tax year divided by the • border crossing, taxpayer’s Renaissance Zone Business Activity Factor • forest products processing, for its SBT tax year ending in 2007. • Michigan strategic fund designated renewable energy The credit allowed continues through the tax year in which the renaissance zones, Renaissance Zone designation expires and is nonrefundable. • AND the tool and die renaissance zones for which the taxpayer has entered into a qualified collaborative Business activities relating to a casino, including operating agreement with the MSF before January 1, 2012. a parking lot, hotel, motel, or retail store, cannot be used to calculate this credit. Businesses delinquent in filing or paying A taxpayer located in a designated renaissance zone that does Property Tax, SBT, MBT or City Income Tax as of December not have a certificated renaissance zone credit but which makes 31 of the prior tax year are not eligible for this credit. Taxpayers the election to remain taxable under the MBT on the basis will be notified if a claimed credit is disallowed. of another certificated credit may also claim this credit. For more information on certificated credits see the Schedule of For more information on Renaissance Zones, contact 149 |
the Michigan Economic Development Corporation Treasurer may require the periodic averaging of values during (MEDC) at (517) 373-9808 or visit their Web site at the tax year if reasonably required to reflect properly the http://www.michiganadvantage.org/. For information on the average value of a taxpayer’s property. Property owned by the MBT credit, contact the Michigan Department of Treasury, taxpayer is valued at its original cost. Customer Contact Division, MBT Unit, at (517) 636-6925. Line 4: Property rented by the taxpayer is valued at eight (8) times the net annual rental rate. Net annual rental rate is the Special Instructions for Unitary Business Groups annual rental rate paid by the taxpayer less any annual rental If the entity located and conducting business activity in the rate received by the taxpayer from subrentals. Renaissance Zone is a member of a Unitary Business Group ADJUSTED SERVICES PERFORMED IN THE (UBG), the Renaissance Zone Credit must be calculated at RENAISSANCE ZONE the member entity level. Calculation of the Renaissance Zone Credit should be done before elimination of intercompany Line 17: Enter the amount deducted in arriving at federal taxable income (as defined for MBT purposes) for the tax transactions, such as rent payments by the member claiming year for depreciation, amortization, or accelerated write- this credit to another member of the UBG. off for tangible property in a Zone exempt under Michigan Include this form as part of the UBG’s combined annual return. Compiled Law (MCL) 211.7ff. Claim property exempt in If more than one member is eligible for this credit, complete the tax year; also claim new property that will be exempt one Form 4595 for each eligible member (or multiple forms for in the immediately following tax year (i.e., property that a member that is located and has business activity in multiple has not been subject to, or exempt from, the collection of Zones) and include all of them as part of the UBG’s annual taxes under the General Property Tax Act and has not been return. If filing multiples of Form 4595, enter the total of line subject to, or exempt from, ad valorem property taxes levied 25b for all members on Form 4573, line 14. in another state, except that receiving an exemption as inventory property does not disqualify property). When this form refers to “taxpayer,” it is referring to the UBG member completing this form. Line 19: Only a person reporting under an MBT organization type of Individual, Partnership, or S Corporation should Line-by-Line Instructions complete line 19. This includes a Limited Liability Company (LLC) that files its federal return as a Partnership or S Lines not listed are explained on the form. Corporation. Name and Account Number: Enter name and account number NOTE: A person that is a disregarded entity for federal income as reported on page 1 of the annual return. tax purposes under the internal revenue code shall be classified UBGs: Complete one form for each member for whom this as a disregarded entity for the purposes of filing the MBT annual schedule applies (or multiple forms for a member that is located return. This means that a disregarded entity for federal tax and has business activity in more than one Zone). Enter the purposes, including a single member LLC or Q-Sub, must file as if Designated Member (DM) name in the Taxpayer Name field, it were a sole proprietorship if owned by an individual, or a branch followed by the DM’s Federal Employer Identification Number or division if owned by another business entity. (FEIN), and the specific member of the UBG for which this Line 19a: UBGs: Enter the business income from the MBT form is filed, and its FEIN, on the line below. On the copy filed UBG Combined Filing Schedule for Standard Members, to report the DM’s data (if applicable), enter the DM’s name Form 4580, Part 2A, line 30, for the member whose activity is and account number on each line. reported on this copy of Form 4595. Line 1: Enter the tax liability before the Renaissance Zone Insurance companies and financial institutions: These types Credit. of taxpayers do not calculate business income as their tax base. For Renaissance Zone credit purposes, however, they must UBGs: This must be a pro forma tax liability of the member calculate and enter here pro forma business income. Use the whose activity is represented on the form. See guidance on Business Income Worksheet (Worksheet 4746), in Form 4600, pro forma calculations in the “Supplemental Instructions for to calculate business income. Attach that worksheet to the Standard Members in UBGs” section in the MBT Forms and return. See MCL 208.1201 for further guidance. Instructions for Standard Taxpayers (Form 4600). Line 19b: UBGs: Enter the pro forma apportionment Line 2: Enter the street address and parcel number of the percentage from Form 4580, Part 2A, line 16a, for the member property. Enter the name of the Zone or Subzone in which the whose activity is reported on this copy of Form 4595. property is included. Insurance companies and financial institutions: Unlike Check the certificated credit box if the Renaissance Zone standard taxpayers, these types of taxpayers do not apportion designation is based on a Development Agreement or a their tax base by a sales factor. For Renaissance Zone credit Qualified Collaboration Agreement. purposes, however, they must calculate pro forma sales in BUSINESS ACTIVITY CONDUCTED WITHIN Michigan and sales everywhere, and enter here a pro forma THE RENAISSANCE ZONE apportionment percentage based on those figures. See instructions for Form 4567 for guidance on the definition of Line 3: Determine the average value of property by averaging sales and applicable sourcing provisions. the values at the start and end of the tax period. The State 150 |
Line 20: Enter amount from line 18, or, if the taxpayer is an Individual, Partnership, S Corporation, or an LLC federally taxed as a Partnership or S Corporation, enter amount from line 19e. TAXPAYERS FIRST LOCATED WITHIN THE RENAISSANCE ZONE BEFORE 12-31-2002 ONLY Due to Public Act 282 of 2014, instructions that applied to taxpayers first located within the Renaissance Zone before 12-31-2002 now apply to taxpayers first located within the Renaissance Zone BEFORE 12-01-2002. Line 22: Taxpayers first located within the Renaissance Zone before December 1, 2002, ONLY (all others, leave lines 22a through 22e blank). A taxpayer that is located and conducting business activity in two Zones will prepare two copies of Form 4595. Base each copy on the taxpayer’s history in the Zone being reported. Line 24: The following is an adjustment due to Public Act 282 of 2014. For taxpayers first located within the Zone before December 1, 2002 Step 1: Determine the lesser of line 15 and line 21. Step 2: Determine the greater of line 23 and the result of Step 1. Enter this amount on line 24. All other taxpayers Enter the lesser of line 15 and line 21. Lines 25a and 25b: For a tax year that begins within one of the last three years of the Zone’s designation, a reduced credit is allowed, as follows: • For a tax year that begins within the second year before the final year of designation as a Renaissance Zone, 75 percent of the normally calculated credit is allowed. • For a tax year that begins within the year before the final year of designation as a Renaissance Zone, 50 percent of the normally calculated credit is allowed. • For a tax year that begins within the final year of designation as a Renaissance Zone, 25 percent of the normally calculated credit is allowed. Line 25b: Multiply line 24 by the reduced credit percentage provided in the Reduced Credit Table. Carry amount to line 14 of the MBT Miscellaneous Nonrefundable Credits (Form 4573), or line 15 of the MBT Miscellaneous Credits for Insurance Companies (Form 4596). If filing multiple 4595 forms, enter the total of line 25b for all Zones on Form 4573, line 14, or Form 4596, line 15, as applicable. Include completed Form 4595 as part of the tax return filing. 151 |
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2022 Supplemental Instructions for Standard Members in Unitary Business Groups (UBGs) NOTE: These instructions for Unitary Business Groups Before completing a combined return, UBGs should first (UBGs) are meant to supplement general instructions and complete the Form 4580 or Form 4752. These forms are used form-specific instructions for standard taxpayers of the to gather and combine data from each member included in Michigan Business Tax (MBT), not to replace them. the combined filing schedule and eliminate intercompany transactions where applicable, to support the primary return. Standard taxpayers and standard members refer to all taxpayers Insurance companies that are part of a UBG will each file or UBG members, respectively, other than financial institutions a separate Form 4588, but should be listed as an excluded or insurance companies. Financial institutions that are affiliate with an incompatible tax base on Form 4580 or Form members of a UBG should see “Supplemental Instructions for 4752, as applicable. Financial Institution Members in UBGs” in the MBT Forms and Instructions for Financial Institutions (Form 4599). NOTE: If a member of a UBG holds a certificated credit and wishes to claim that credit, the group and not the member, There is not a corresponding supplement for insurance must make the election to remain taxable under the MBT. The companies because, although they can be members of a UBG, entire UBG will remain taxable until the certificated and any they do not file combined returns. carryforward of that credit is exhausted. Introductory pages of this MBT instruction booklet contain The Designated Member (DM) general information designed to assist in identifying the existence and membership of a UBG. The following A UBG combined return of standard members is filed under instructions address: the name and Federal Employer Identification Number (FEIN) or Michigan Treasury (TR) assigned number of the DM of • Filing combined returns by different member types within a the standard member group. Designated Member means a UBG. UBG member that has nexus with Michigan and will file the • Understanding the role of the Designated Member (DM). combined MBT return on behalf of the standard members of the group. In a brother-sister controlled group, any member For each type of UBG member that is reported on a combined with nexus may be designated to serve as DM. In a parent- return (standard and financial institution), there is a required subsidiary controlled group or a combined controlled group form that collects data that is necessary for preparation of a (an interlocking combination of a parent-subsidiary group and combined return: a brother-sister group), the controlling member must serve as • The MBT Unitary Business Group Combined Filing DM if it has nexus with Michigan. If it does not have nexus, Schedule for Standard Members (Form 4580) supports the controlling member may appoint any member with nexus a combined return of standard members to be filed on the with Michigan to serve as DM. That DM must continue MBT Annual Return (Form 4567). to serve as such every year, unless it ceases to be a group • The MBT Unitary Business Group Combined Filing Schedule member or the controlling member attains Michigan nexus. for Financial Institutions (Form 4752) supports a combined The filing period of a combined return is based on the tax return of financial institution members to be filed on the MBT year of the DM. Annual Return for Financial Institutions (Form 4590). If a UBG is comprised of both standard members and financial Guidance that is specific to only one form is contained in the institutions, the UBG will have two DMs (one for the standard instructions for that form, in sections titled either “Special members completing Form 4567 and related forms, and one Instructions for Unitary Business Groups” or simply “UBGs.” for the financial institution members completing Form 4590 With the exception of a section providing supplemental and related forms). If the standard members are owned by a instructions for the MBT Tax Loss Adjustment for the Small financial institution, they will file on the financial UBG return, Business Alternative Credit (Form 4575), the following are Form 4590. instructions that apply to more than one form. NOTE: If the UBG filed MBT in 2011 and elected to file MBT in 2012, then the UBG must use the same DM if the DM still Special Instructions and the Designated Member has nexus and is still a member of the UBG in 2012. If the DM Special Instructions for the Annual Return no longer has nexus or is no longer a member of the UBG, then By definition, a UBG can include standard members, insurance the UBG must select a new DM. companies, and financial institutions. However, in some Role of the DM: The DM speaks, acts, and files the MBT cases not all members of the UBG will be included on the return on behalf of the group for MBT purposes. Only the same return. All standard members in a UBG (except those DM may file a valid extension request for the group. Treasury owned by and unitary with a financial institution) file a single maintains the group’s MBT tax data (e.g., prior MBT combined return on Form 4567. Financial institution members returns, business loss carryforward, tax credit carryforward, of a UBG (and any standard member owned by and unitary overpayment credit forward) under the DM’s name and account with a financial institution in the group) file a combined return number. The designated member must be of the same taxpayer on Form 4590. Insurance company members of a UBG each file type (standard or financial institution) as the members for separately on Form 4588. which it files a combined return. 153 |
Special Instructions for Supporting Forms Credit (A) (B) (C) Most forms are completed by UBGs on a group basis. However, Film Production Credit E E N the following forms must be completed with entity-specific Gross Receipts Filing Threshold Credit G G N data, rather than groupwide data: Historic Preservation Credit E E N • Michigan Historic Preservation Tax Credit (Form 3581) Homeless Shelter/Food Bank Credit G G N • MBT Loss Adjustment for the Small Business Alternative Hybrid Technology Research and Development Credit E E N Credit (Form 4575). (In some circumstances, a separate copy of Form 4575 also is completed with groupwide data.) Individual or Family Development Account Credit G G N • MBT Schedule of Shareholders and Officers (Form 4577) International Auto Show Credit E E N • MBT Schedule of Partners (Form 4578) Investment Tax Credit G G * • MBT Qualified Affordable Housing Seller’s Deduction Large Food Retailer Credit G G N (Form 4579) Low-Grade Hematite Credit G G N • MBT Investment Tax Credit Recapture From Sale of Assets MEGA Advanced Lithium Ion Battery E E N Acquired Under Single Business Tax (Form 4585) MEGA Battery Cell Sourcing E E N • MBT Schedule of Business Activity Protected Under Public MEGA Employment Tax Credit E E N Law 86-272 (Form 4586) or MBT Schedule of Business MEGA Federal Contract Credit E E N Activity for Non-Designated Members of a Unitary Business Group Protected Under Public Law 86-272 (Form 4581), as MEGA Photovoltaic Credit E E N applicable. MEGA Plug-In Traction Battery Integration E E N • Michigan Farmland Preservation Tax Credit (Form 4594) MEGA Plug-In Traction Battery Manufacturing E E N Carryforward • MBT Renaissance Zone Credit Schedule (Form 4595) MEGA Poly-silicon Energy Cost Credit E E N • Gross Receipts Worksheet (Worksheet 4700) Mid-size Food Retailer Credit G G N • Business Income Worksheet (Worksheet 4746). NASCAR Speedway Credit E E N If more than one member completes one of these forms, New Motor Vehicle Dealer Inventory Credit E E N multiple copies of that form must be included in the group’s combined return. Next Energy Business Activity Credit E E N Next Energy Payroll Credit E E N In addition, many credits require an entity-specific calculation of a credit amount. The following table provides a summary of Personal Property Tax Credit G G N UBG credit calculations, where: Private Equity Fund Credit E E N A) The test or criteria to qualify for the credit should be applied Public Contribution Credit G G N on a group basis (G) or a separate entity basis (E), Renaissance Zone Credit E E N B) If the qualification test is satisfied, the calculation of the Research and Development Credit G G N available credit amount should be on a group basis (G) or a Small Business Alternative Credit G G N separate entity basis (E), Start-up Business Credit E E N C) Calculation of the credit should be done after elimination Workers’ Disability Supplemental Benefit Credit G G N of intercompany transactions (Y or N). Note: This applies only to the calculation of the credit. The tax liability of the UBG * Assets transferred between members of the group are against which the credit will be applied is calculated after not a capital investment in qualifying assets for purposes elimination of all intercompany transactions from the tax bases of calculating this credit. Intercompany eliminations are and apportionment. otherwise not applicable. Credit (A) (B) (C) The available amount of each of the above credits is taken Anchor Company Payroll Credit E E N against the entire group’s tax liability. Additional UBG instructions are provided on forms where these credits are Anchor Company Taxable Value Credit E E N calculated. Arts and Culture Credit G G N If the UBG is comprised of both standard members and Bottle Deposit Administration Credit E E N financial institutions, two copies of supporting forms will be Brownfield Redevelopment Credit E E N completed (one group of supporting forms for the standard Community or Education Foundation Credit G G N members’ annual return and one group of supporting forms for Compensation Credit G G N the financial institutions’ annual return). Farmland Preservation Credit E E N Pro Forma Calculations for Certain Credits Film Infrastructure Credit E E N For some credits, evaluation of whether a UBG is qualified to Film Job Training Credit E E N claim the credit is based on characteristics and activities of a 154 |
single member, rather than the group as a whole. Similarly, for attributable to the departing member and existing in the some credits, after it is determined that a UBG is qualified to departing member’s (or the group’s) account prior to leaving claim the credit, calculation of the amount of credit available is the group typically will be applied first to the group return for based on data of a single member, rather than the group. Each the group filing period that includes the end of the departing credit requiring this method is identified on the form on which member’s short state tax year that ended upon leaving the it is calculated. A pro forma MBT liability is required for the group. Any carryforward remaining after that application (i.e., member generating the credit. neither consumed or expired) will, generally, be fully available for use by the departing member. Where a pro forma calculation is required, the underlying objective is to determine what the tax liability (immediately If the remaining UBG does not hold a certificated credit after prior to the credit) of the UBG member generating the credit the departing member leaves with credit then the group is no would have been if that member was not included in the group. longer eligible to continue under the MBT. If the departing Therefore, the member generating the credit must calculate member joins another UBG, bringing the certificated credit, its pro forma tax liability as if it was a singular, stand-alone the UBG taxpayer will continue to apply the choice it made taxpayer in all aspects. This supporting pro forma calculation concerning the credit election. (In the case of qualifying should be provided in a statement attached to the return. brownfield and historic preservation certificated credits, see However, this calculation and its results should never be “Effects of Joining a Group” for more detail.) If the departing transferred to Form 4567 or displayed in a layout similar to member becomes a solo filer with remaining certificated credit, Form 4567. that member will continue to file under the MBT until the credit is used up. These results do not change if the departing Effects of Members Joining a Group member is the DM. When an entity becomes a member of a UBG part way through the member’s tax year, for MBT purposes the new member will Other UBG-Related Issues experience a short tax year beginning on the date the member An affiliated person that is excluded from membership in a joins the group, even if it does not have a short period for UBG because it is a foreign person, which has nexus and meets federal purposes. the applicable filing threshold, must file a separate MBT return. For both the UBG return and the new member’s separate Supplemental Instructions for the MBT Loss short period return, tax bases will be calculated using actual Adjustment for the Small Business Alternative numbers from the applicable short period of the new member. Credit, Form 4575 If a member that is new to the group brings with it a For the purpose of applying loss adjustment from a member’s certificated credit or carryforward of a certificated credit, the separately filed year, when members’ separate years share UBG taxpayer will continue to apply the choice it made for a common year end and the amount of available loss from a the first tax year ending after December 31, 2011, concerning single tax year exceeds the amount needed to offset the UBG’s the MBT election. Or, in the case of a qualifying historic adjusted business income (ABI) disqualifier, the portion of preservation, brownfield redevelopment, or farmland credit, available loss from that tax year used by each member to offset the election made by the group at a later time. If the joining the group’s disqualifier must reflect the proportion of each member brings a qualifying brownfield or historic preservation member’s total loss available from that tax year with respect to credit for which credit amount remains available, the UBG the total loss available to the UBG from the same tax year. taxpayer may make the election to be taxable under the MBT in a year in which credit amount is available and must remain EXAMPLE: (Note that while the dates in the following taxable under the MBT for all years in which brownfield or example don’t apply to a tax year 2021 return, the concept historic preservation credit amount is available if the election remains the same.) The total loss adjustment needed to is made. reduce a UBG’s ABI disqualifier is $65. The UBG has loss available in the amount of $50 from its 2008 tax year, which Effects of Members Leaving a Group had a tax year end of December 31, 2008. Member A, who was included in the UBG’s 2008 tax year return, has loss available When a member of a UBG ceases to be a member part in the amount of $20 from its 2006 SBT tax year which ended way through the member’s tax year, for MBT purposes the September 30, 2006. Member B, who became a member of the departing member will experience a short tax year ending on UBG during the current tax year due to a change in ownership, the departure date, even if it does not have a short period for has loss available in the amount of $25 from its 2006 SBT tax federal purposes. year which ended September 30, 2006, and loss available in For both the UBG return and the departing member’s separate the amount of $25 from its separate 2008 tax year which ended short period return, tax bases will be calculated using actual September 30, 2008. Member C also became a member of the numbers from the applicable short period of the departing UBG during the current tax year and has loss available in the member. amount of $75 from its separate 2008 tax year which ended September 30, 2008. When a member leaves the UBG other than at the end of its federal tax year, any available certificated credit generated In this example, three columns of the table will be populated: by the member will be allocated to the period that includes one column with a tax year end of 09-30-2006 and available the effective date of the certificate. A credit carryforward loss of $45; a second column with a tax year end of 09-30- 155 |
2008 and available loss of $100; and a third column with a tax year end of 12-31-2008 and available loss of $50. Because loss is used on a first-in, first-out basis, the group will use the entire amount of loss available ($45) from the column with the 09-30-2006 tax year end; that is, all of Member A’s available loss ($20) from its 2006 SBT year, as well as all of Member B’s available loss from its 2006 SBT year ($25). The use of the members’ losses must be maintained in the taxpayer’s records. The remaining $20 of loss adjustment needed to reduce the groups’ ABI disqualifier will be subtracted from the loss available in the second column with the 09-30-2008 year end. Members B and C will account for this adjustment in their records in a proportional manner. That is, Member B will record a $5 loss adjustment used from its 2008 separate tax year, or the remaining loss adjustment needed to reduce the group’s ABI disqualifier ($20) multiplied by a fraction, the numerator of which is Member B’s available loss ($25) and the denominator of which is the total loss available in the second column ($100). Likewise, Member C will record a loss adjustment used of $15. Thus, in subsequent tax years, the UBG will have the following remaining loss available to reduce its ABI disqualifier: Member B’s available loss in the amount of $20 from its 2008 separate tax year; Member C’s available loss in the amount of $60 from its 2008 separate tax year, and the UBG’s available loss in the amount of $50 from its 2008 tax year. The loss available to the UBG to reduce its ABI disqualifier will not be affected by Member B’s or C’s use, if any, of available loss from their separate tax years to reduce their respective shareholder income disqualifiers. Further Guidance on Existence and Membership of a UBG For further guidance, please consult the following: • Online at www.michigan.gov/treasury/. Click on “Reports and Legal Resources” for information on Revenue Administrative Bulletins (RABs). Of particular interest are RAB 2010-1, MBT—Unitary Business Group Control Test, and RAB 2010-2, MBT—Unitary Business Group Relationship Tests. 156 |
Michigan Department of Treasury FEIN or TR Number 4700 (06-22), Page 1 UBG Member FEIN or TR Number Gross Receipts Worksheet Complete the appropriate parts below based on the person’s organization type. Part 1 is for an Individual or Fiduciary; Part 2 is for a C Corporation (or a person filing federal returns as a C Corporation); and Part 3 is for a Partnership or S Corporation (or a person filing a federal return as a Partnership or an S Corporation). Parts 4 and 5 apply to all filers, independent of their organization type. Gross receipts is not necessarily derived entirely from the federal return, however, this worksheet will calculate gross receipts as defined by law in most circumstances. Taxpayers and tax professionals are expected to be familiar with uncommon situations within their experience, which produce gross receipts not identified by specific lines on this worksheet, and report that amount on the most appropriate line. The Michigan Department of Treasury may adjust the figure resulting from this worksheet to account properly for such uncommon situations. Complete and attach this worksheet to your return. Unitary Business Groups (UBGs) must complete and attach a worksheet for each member. Gross receipts, before applying the statutory exceptions, consists solely of positive amounts derived from transactions or events. Therefore, if any of the federal return items utilized in Part 1, Part 2 or Part 3 is a net result of both negative and positive transactions, it must be recalculated for use here by counting only the positive elements represented in that net figure. INFORMATION DIRECTLY FROM SPECIFIC FEDERAL RETURNS PART 1: INDIVIDUALS AND FIDUCIARIES 1. U.S. Form 1040, Schedule C or C-EZ gross receipts (net of returns) .................................................................. 1. 00 2. U.S. Form 1040, Schedule C, other income ......................................................................................................... 2. 00 3. U.S. Form 1040, Schedule D, short- and long-term sales price*........................................................................... 3. 00 4. U.S. Form 1040, Schedule E a. Part I, total rents received ............................................................................................................................... 4a. 00 b. Total royalties received ................................................................................................................................... 4b. 00 5. U.S. Form 4797, gross sales price,* business assets ........................................................................................... 5. 00 6. Gross Receipts from Federal Return for Individuals and Fiduciaries. Add lines 1 through 5. Carry amount to line 19 ..................................................................................................... 6. 00 PART 2: C CORPORATIONS 7. U.S. Form 1120, balance of gross receipts or sales less returns and allowances ................................................ 7. 00 8. U.S. Form 1120, sum of dividends, interest, gross rents and gross royalties ........................................................ 8. 00 9. U.S. Form 1120, other income ............................................................................................................................... 9. 00 10. U.S. Form 1120, Schedule D, short- and long-term sales price* ........................................................................... 10. 00 11. U.S. Form 4797, gross sales price* ....................................................................................................................... 11. 00 12. Gross Receipts from Federal Return for C Corporations. Add lines 7 through 11. Carry amount to line 19 ................................................................................................... 12. 00 PART 3: PARTNERSHIPS AND S CORPORATIONS 13. U.S. Form 1065, or U.S. Form 1120S a. Gross receipts (net of returns) ......................................................................................................................... 13a. 00 b. Other income/receipts ...................................................................................................................................... 13b. 00 14. U.S. Form 8825, gross income from real estate rentals ........................................................................................ 14. 00 15. U.S. Form 1065, or 1120S, Schedule D, short- and long-term sales price* .......................................................... 15. 00 16. U.S. Form 1065, or 1120S, Schedule K a. Gross other rental income ............................................................................................................................... 16a. 00 b. Interest, dividend, royalty income .................................................................................................................... 16b. 00 c. Other income ................................................................................................................................................... 16c. 00 17. U.S. Form 4797, gross sales price*, business assets ........................................................................................... 17. 00 18. Gross Receipts from Federal Return for Partnerships and S Corporations. Add lines 13 through 17. Carry amount to line 19 ................................................................................................ 18. 00 * See the definition of Gross Receipts under MCL § 208.1111. Continued on Page 2 |
4700, Page 2 FEIN or TR Number UBG Member FEIN or TR Number ADJUSTMENTS TO FEDERAL GROSS RECEIPTS 19. Gross Receipts as recorded on line 6, 12 or 18 ............................................................................................... 19. 00 PART 4: ADDITIONS TO GROSS RECEIPTS To the extent EXCLUDED or DEDUCTED in arriving at the number used in line 19, include the following: 20. Proceeds from the sale of assets used in a business activity ............................................................................... 20. 00 21. Dividend and interest income ................................................................................................................................ 21. 00 22. Receipts from gratuities stipulated on a bill ........................................................................................................... 22. 00 23. Receipts from gross commissions earned............................................................................................................. 23. 00 24. Receipts from client reimbursed expenses not obtained in an agency capacity ................................................... 24. 00 25. Gross proceeds from intercompany sales ............................................................................................................. 25. 00 26. Rents ..................................................................................................................................................................... 26. 00 27. Royalties ................................................................................................................................................................ 27. 00 28. Sales of scrap and other similar items................................................................................................................... 28. 00 29. Other receipts not included in previous lines ......................................................................................................... 29. 00 30. Add lines 20 through 29......................................................................................................................................... 30. 00 31. SUBTOTAL Add line 19 and line 30 ................................................................................................................. 31. 00 PART 5: EXCLUSIONS FROM GROSS RECEIPTS To the extent INCLUDED in arriving at line 31, enter the following receipts: 32. Proceeds from sales by a principal collected by the taxpayer in an agency capacity and delivered to the principal .... 32. 00 33. Amounts received on behalf of a principal that are received and expended by the taxpayer in an agency capacity for the following: a. Performance of service by third party for the benefit of the principal for service required by law to be performed by a licensed person .................................................................................................................................................................... 33a. 00 b. Performance of service by a third party for the benefit of the principal that the taxpayer has not undertaken a contractual duty to perform .................................................................................................................................................. 33b. 00 c. Payment of principal and interest under a mortgage loan or land contract, lease or rental payments, or taxes, utilities, or insurance premiums relating to real or personal property owned or leased by the principal .................... 33c. 00 d. Capital asset that is or will become eligible for depreciation, amortization, or accelerated cost recovery by the principal for federal income tax purposes, or real property owned or leased by the principal .................................... 33d. 00 e. Property not described above that is purchased by taxpayer on behalf of the principal, where taxpayer does not take title to or use in the course of performing its contractual business activities ....................................... 33e. 00 f. Fees, taxes, assessments, levies, fines, penalties, or other payments established by law that are paid to a governmental entity and that are the legal obligation of the principal ............................................................... 33f. 00 34. Amounts excluded from gross income of a foreign corporation engaged in the international operation of aircraft under IRC § 883(a) ................................................................................................................................................ 34. 00 35. Amounts received by advertising agency used to acquire advertising media time, space, production, or talent on behalf of another person................................................................................................................................... 35. 00 36. Amounts received by a newspaper to acquire advertising space not owned by that newspaper in another newspaper on behalf of another person, excluding any consideration received by taxpayer for acquiring that advertising space................................................................................................................................................... 36. 00 37. Amounts received by taxpayer that manages real property owned by a third party that are deposited into a separate account kept in the name of that third party and that are not reimbursements to the taxpayer and are not indirect payments for management services that the taxpayer provides to that third party ................................. 37. 00 38. For taxpayers that during tax year do NOT both buy and sell any receivables, proceeds from the taxpayer’s transfer of an account receivable, if the sale that generated that receivable was included in Gross Receipts for Federal Income Tax purposes ................................................................................................................................................. 38. 00 39. Proceeds from original issue of stock or equity instruments or equity issued by a regulated investment company as defined in IRC § 851 ........................................................................................................................................... 39. 00 40. Proceeds from the original issue of debt instruments ......................................................................................................... 40. 00 41. Refunds from returned merchandise ...................................................................................................................................... 41. 00 42. Cash and in-kind discounts ................................................................................................................................... 42. 00 Continued on Page 3 |
4700, Page 3 FEIN or TR Number UBG Member FEIN or TR Number PART 5: EXCLUSIONS FROM GROSS RECEIPTS — CONTINUED 43. Trade discounts ..................................................................................................................................................... 43. 00 44. Federal, state, or local tax refunds ........................................................................................................................ 44. 00 45. Security deposits ................................................................................................................................................... 45. 00 46. Payment of the principal portion of loans .............................................................................................................. 46. 00 47. Value of property received in a like-kind exchange ............................................................................................... 47. 00 48. Proceeds from a sale, transaction, exchange, involuntary conversion, maturity, redemption, repurchase, recapitalization, or other disposition or reorganization of tangible or intangible property that are capital assets and IRC § 1231(b) land: a. Amount from such dispositions of capital assets as defined in IRC § 1221(a) or land used in a trade or business as defined in IRC § 1231(b) ................... 48a. 00 b. Combined gains from each disposition in this category that produced a gain that is included in that taxpayer’s federal taxable income. (Do not net against dispositions that produced loss.).............................................. 48b. 00 c. Amount excluded from Gross Receipts. Subtract line 48b from line 48a .................................................... 48c. 00 49. Proceeds from a sale, transaction, exchange, involuntary conversion, maturity, redemption, repurchase, recapitalization, or other disposition or reorganization of tangible or intangible property that is a hedging transaction(a) : a. Amount from such dispositions of property used in a hedging transaction ..... 49a. 00 b. Amount of overall net gain from hedging transactions entered into during the tax year ................................................................................................. 49b. 00 c. Amount excluded from Gross Receipts. Subtract line 49b from line 49a .................................................... 49c. 00 50. Proceeds from a sale, transaction, exchange, involuntary conversion, maturity, redemption, repurchase, recapitalization, or other disposition or reorganization of tangible or intangible property that is investment and trading assets managed as part of the person’s treasury function(b): a. Amount from such dispositions of property that is investment and trading assets managed as part of the person’s treasury function ......................... 50a. 00 b. Amount of overall net gain from treasury function incurred during tax year.. 50b. 00 c. Amount excluded from Gross Receipts. Subtract line 50b from line 50a .................................................... 50c. 00 51. Proceeds from an insurance policy, a settlement of a claim or a judgment in a civil action, less any proceeds that are included in federal taxable income (as defined for MBT purposes) ......................................................... 51. 00 52. For a sales finance company, as defined in MCL § 492.102 and directly or indirectly owned in whole or in part by a motor vehicle manufacturer as of January 1, 2008, and for a person that is a broker or dealer as defined under 15 USC § 78c(a)(4) or (5), or a member of the UBG of that broker or dealer that buys and sells con- tracts subject to 7 USC § 1 to 27f for its own account: a. Amounts realized from the repayment, maturity, sale, or redemption of the principal of a loan, bond, or mutual fund, certificate of deposit, or similar marketable instrument provided such instruments are not held as inventory .............. 52a. 00 b. Principal amount received under a repurchase agreement or other transaction properly characterized as a loan ... 52b. 00 53. For a mortgage company(c), proceeds representing the principal balance of loans transferred or sold ................ 53. 00 54. For a professional employer organization (d)(PEO), any amount charged that represents the actual cost of wages and salaries, benefits, worker’s compensation, payroll taxes, withholding, or other assessments paid to or on behalf of a covered employee by the PEO under a professional employer arrangement ............................ 54. 00 55. Any invoiced items used to provide more favorable floor plan assistance to a person subject to the MBT than to a person not subject to the MBT and paid by a manufacturer, distributor, or supplier ....................................... 55. 00 56. For an individual, estate, or other person organized for estate or gift planning purposes: a. Receipts from investment activity, including interest, dividends, royalties, and gains from an investment portfolio or retirement account, if the investment activity is not part of the taxpayer’s trade or business ......... 56a. 00 b. Receipts from the disposition of tangible or intangible property held for personal use and enjoyment, such as a personal residence or personal assets ..................................................................................................... 56b. 00 c. Other amounts received that are NOT from transactions, activities, and sources in the regular course of the taxpayer’s trade or business ............................................................................................................................ 56c. 00 57. Receipts derived from investment activity by a person organized exclusively to conduct investment activity and that does not conduct investment activity for any person other than an individual or a person related (e)to that individual, or by a common trust fund established under MCL § 555.101 to 555.113 ........................................... 57. 00 58. Interest and dividends derived from obligations or securities of the United States government, this state, or any governmental unit of this state (as defined under MCL § 141.1053) ..................................................................... 58. 00 Continued on Page 4 |
4700, Page 4 FEIN or TR Number UBG Member FEIN or TR Number PART 5: EXCLUSIONS FROM GROSS RECEIPTS (CONT.) 59. Amounts attributable to an ownership interest in a pass-through entity, regulated investment company, real estate investment trust, or cooperative corporation whose business activities are taxable under the modified gross receipts tax or would be subject to the modified gross receipts tax if the business activities were in this state(f) ..... 59. 00 60. For a regulated investment company as that term is defined under IRC § 851, receipts derived from investment activity by that regulated investment company ...................................................................................................... 60. 00 61. Only Health Maintenance Organizations (HMOs) holding contract with the State for Medicaid services may complete this line: If applicable per MCL §208.1111(1) (dd), enter amounts received during the period that is both within the tax year and within October 1, 2022, through September 30, 2023, for Medicaid premium or reimbursement of costs associated with service provided to a Medicaid recipient or beneficiary. The State Budget Director has until January 1, 2023, to certify that necessary rates provide explicit adjustment for MBT obligations, in which case NO deduction will be allowed for any HMO holding contract with the State for Medicaid services(g).. 61. 00 62. For a taxpayer that provides health care management consulting services, amounts received by the taxpayer as fees from its clients that are expended by the taxpayer to reimburse those clients for labor and nonlabor services that are paid by the client and reimbursed to the client pursuant to a services agreement ........................................ 62. 00 63. Bad Debt amounts deducted for Federal Income Tax that correspond to items included in MGR tax base for current or prior MBT return .................................................................................................................................... 63. 00 64a. Dividends and royalties received or deemed received from a foreign operating entity or a person other than a U.S. person, including, but not limited to, the amounts determined under IRC § 78, or 951 through 964 ................ 64a. 00 64b. Exclusion of amounts attributed to the taxpayer pursuant to a discharge of indebtedness as described under IRC 61(a)(12), including forgiveness of a nonrecourse debt. 64b. 00 65. Add lines 32 through 47, 48c, 49c, 50c, and 51 through 64b ............................................................................... 65. 00 To the extent INCLUDED in arriving at line 31, and to the extent NOT deducted as purchases from other firms on the MBT Annual Return, Form 4567, lines 13, 14 or 15, (or, for UBG standard members, the MBT UBG Combined Filing Schedule for Standard Members, Form 4580, lines 18, 19 or 20) enter: 66. Sales or use taxes collected from or reimbursed by a consumer or other taxes collected from or reimbursed by a purchaser and remitted to a local, state, or federal tax authority........................................................................ 66. 00 67. In the case of receipts from the sale of motor fuel by a person with a motor fuel tax license or a retail dealer, the amount equal to federal and state excise taxes paid by any person on such motor fuel under IRC § 4081 or applicable state law ... 67. 00 68. In the case of receipts from the sale of beer, wine, or intoxicating liquor by a person holding a license to sell, distribute, or produce those products, the amount equal to federal and state excise taxes paid by any person on or for such products under IRC Subtitle E or applicable state law ................................................................... 68. 00 69. In the case of receipts from the sale of communication, video, internet access and related services and equipment, any government imposed tax, fee, or other imposition in the nature of a tax or fee required by law, and authorized to be charged on a customer’s bill or invoice, but not including net income taxes, net worth taxes, property taxes, or the MBT ......................................................................................................................... 69. 00 70. In the case of receipts from the sale of electricity, natural gas, or other energy source, any government imposed tax, fee, or other imposition in the nature of a tax or fee required by law, and authorized to be charged on a customer’s bill or invoice, but not including net income taxes, net worth taxes, property taxes, or the MBT ............ 70. 00 71. Any deposit required under the following: a. 1976 IL 1, MCL § 445.571 to 445.576 ............................................................................................................... 71a. 00 b. R 436.1629 of the Michigan administrative code............................................................................................... 71b. 00 c. R 436.1723a of the Michigan administrative code............................................................................................. 71c. 00 d. Any substantially similar beverage container deposit law of another state ....................................................... 71d. 00 72. Excise tax collected from or reimbursed by a consumer and remitted pursuant to MCL § 207.371 to 207.383 ... 72. 00 In the case of receipts from the sale of cigarettes or tobacco products by a wholesale dealer, retail dealer, 73. distributor, manufacturer, or seller, the amount equal to the federal and state excise taxes paid by any person on or for such products under IRC Subtitle E or applicable state law ................................................................... 73. 00 74. SUBTOTAL Add lines 66 through 73............................................................................................................... 74. 00 GROSS RECEIPTS FOR MBT PURPOSES 75. Subtract lines 65 and 74, from line 31. Carry this amount to Form 4567, line 12. Standard members of a UBG will carry this amount to Form 4580, Part 2A, line 17 ............................................................................................ 75. 00 Superscript Explanations on Page 5 |
4700, Page 5 Additional instructions a) For purposes of this provision, a hedging transaction is one entered into by the taxpayer in the normal course of the taxpayer’s trade or business primarily to manage (i) risk of exposure to foreign currency fluctuations that affect assets, liabilities, profits, losses, equity, or investments in foreign operations; (ii) interest rate fluctuations; or (iii) commodity price fluctuations. Transfer of title of real or tangible personal property is not a hedging transaction. “Hedging transaction” means that term as defined under IRC § 1221 regardless of whether the transaction was identified by the taxpayer as a hedge for federal income tax purposes, provided, however, that transactions not identified as a hedge for federal income tax purposes shall be identifiable to the department by the taxpayer as a hedge in its books and records. b) For purposes of this provision, a person principally engaged in the trade or business of purchasing and selling investment and trading assets is not performing a treasury function. “Treasury function” means the pooling and management of investment and trading assets for the purpose of satisfying cash flow or liquidity needs of the taxpayer’s trade or business. c) “Mortgage company” means a person that is licensed under MCL § 445.1651 to 445.1684, or MCL § 493.51 to 493.81, and has greater than 90 percent of its revenues, in the ordinary course of business, from the origination, sale, or servicing of residential mortgage loans. d) Professional employer organization is not the same thing as a staffing company, and it means an organization that provides the management and administration of the human resources of another entity by contractually assuming substantial employer rights and responsibilities through a professional employer agreement that establishes an employer relationship with the leased officers or employees assigned to the other entity by doing all of the following: • Maintaining a right of direction and control of employees’ work, although this responsibility may be shared with the other entity. • Paying wages and employment taxes of the employees out of its own accounts. • Reporting, collecting, and depositing state and federal employment taxes for the employees. • Retaining a right to hire and fire employees. e) For purposes of this provision, a person is related to an individual if that person is a spouse, brother or sister, whether of the whole or half blood or by adoption, ancestor, lineal descendent of that individual or related person, or a trust benefiting that individual or one or more persons related to that individual. f) For this provision, the following definitions apply: Cooperative Corporation means those organizations described under subchapter T of the IRC; Pass- through entity means a partnership, subchapter S Corporation, or other person, other than an individual, that is not classified for Federal Income Tax purposes as an association taxed as a corporation; Real estate investment trust means the term defined under IRC § 856; and Regulated investment company means the term defined under IRC § 851. |
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Michigan Department of Treasury 4746 (04-21), Page 1 FEIN or TR Number UBG Member FEIN or TR Number Business Income Worksheet Complete the appropriate parts below, based on the person’s organization type. Part 1 is for an Individual or Fiduciary; Part 2 is for a C Corporation (or a person filing federal returns as a C Corporation); and Part 3 is for a Partnership or S Corporation (or a person filing a federal return as a Partnership or an S Corporation). This worksheet will calculate business income as defined by law in most circumstances. Taxpayers and tax professionals are expected to be familiar with uncommon situations within their experience, which produce business income not identified by specific lines on this worksheet, and report that amount on the most appropriate line. Include an attachment explaining that line. The Michigan Department of Treasury may adjust the figure resulting from this worksheet to account properly for such uncommon situations. Complete and attach this worksheet to your return. Unitary Business Groups (UBG) must complete and attach a worksheet for each member. PART 1: INDIVIDUALS AND FIDUCIARIES 1. U.S. Form 1040, Schedule C or C-EZ, net profit/loss............................................................................................ 1. 00 2. U.S. Form 1040, Schedule D, gain/loss (a)............................................................................................................. 2. 00 3. U.S. Form 1040, Schedule E, line 26 rent and royalty income/loss ...................................................................... 3. 00 4. U.S. Form 4797 gain/loss not included in Schedule D (a)....................................................................................... 4. 00 5. Domestic Production Activities deduction based on IRC § 199 reported on U.S. Form 8903, to the extent deducted from federal taxable income (d)............................................................................................................... 5. 00 6. Other Income. Include an attachment explaining this line. .................................................................................... 6. 00 7. Total business income before adjustment. Add lines 1 through 6 ..................................................................... 7. 00 8. Adjustments due to decoupling of Michigan depreciation from section 168(k) of IRC. If adjustment is negative, enter as negative: a. Net bonus depreciation adjustment (b) ............................................................................................................. 8a. 00 b. Gain/loss adjustment on the sale of an eligible depreciable asset (c) .............................................................. 8b. 00 9. Add lines 8a and 8b. If negative, enter as negative.............................................................................................. 9. 00 10. Total business income after adjustment. Add lines 7 and 9. Carry amount to Form 4567, line 28. For a UBG member, carry amount to Form 4580, Part 2A, line 30 ....................................................................... 10. 00 PART 2: C CORPORATIONS 11. Federal taxable income from U.S. Form 1120 ....................................................................................................... 11. 00 12. Domestic Production Activities deduction based on IRC § 199 reported on U.S. Form 8903, to the extent deducted from federal taxable income (d)............................................................................................................... 12. 00 13. Miscellaneous. Include an attachment explaining this line .................................................................................... 13. 00 14. Total business income before adjustment. Add lines 11, 12 and 13 ............................................................... 14. 00 15. Adjustments due to decoupling of Michigan depreciation from section 168(k) of IRC. If adjustment is negative, enter as negative: a. Net bonus depreciation adjustment (b) ............................................................................................................. 15a. 00 b. Gain/loss adjustment on the sale of an eligible depreciable asset (c) .............................................................. 15b. 00 16. Add lines 15a and 15b. If negative, enter as negative.......................................................................................... 16. 00 17. Total business income after adjustment. Add lines 14 and 16. Carry amount to Form 4567, line 28. For a UBG member, carry amount to Form 4580, Part 2A, line 30 ....................................................................... 17. 00 PART 3: PARTNERSHIPS AND S CORPORATIONS 18. U.S. Form 1065, or 1120S Schedule K, Income (loss): a. Ordinary income/loss ....................................................................................................................................... 18a. 00 b. Net real estate rental income/loss ................................................................................................................... 18b. 00 c. Net other rental income/loss ............................................................................................................................ 18c. 00 d. Interest, dividend, and royalty income ............................................................................................................. 18d. 00 e. Net short-term gain/loss .................................................................................................................................. 18e. 00 f. Net long-term gain/loss.................................................................................................................................... 18f. 00 g. Other portfolio income/loss .............................................................................................................................. 18g. 00 h. Guaranteed payments to partners or wages paid to a member of a LLC Partnership .................................... 18h. 00 i. Other net gain/loss under section 1231 ........................................................................................................... 18i. 00 j. Other income. Include an attachment explaining this line ............................................................................... 18j. 00 19. Total income/loss. Add lines 18a through 18j ...................................................................................................... 19. 00 Continued on Page 2 |
4746, Page 2 FEIN or TR Number UBG Member FEIN or TR Number PART 3: PARTNERSHIPS AND S CORPORATIONS (CONT.) 20. U.S. Form 1065 or 1120S, Schedule K, Deductions: a. Charitable contributions ................................................................................................................................... 20a. 00 b. Section 179 expense ....................................................................................................................................... 20b. 00 c. Deductions related to portfolio income ............................................................................................................ 20c. 00 d. Other deductions, excluding deductions for domestic production activities (IRC § 199).(d) Include an attachment explaining this line. ................................................................................................................................................ 20d. 00 21. Total deductions. Add lines 20a through 20d ...................................................................................................... 21. 00 22. Total business income before adjustments. Subtract line 21 from line 19 ....................................................... 22. 00 23. Adjustments due to decoupling of Michigan depreciation from section 168(k) of IRC (If adjustment is negative, enter as negative): a. Net bonus depreciation adjustment (b) ............................................................................................................. 23a. 00 b. Gain/loss adjustment on the sale of an eligible depreciable asset (c) .............................................................. 23b. 00 24. Add lines 23a and 23b. If negative, enter as negative.......................................................................................... 24. 00 25. Total business income after adjustment. Add lines 22 and 24. Carry amount to Form 4567, line 28. For a member of a UBG, carry amount to Form 4580, Part 2A, line 30 ................................................................ 25. 00 (a) U.S. Forms 1040D and 4797: Report only gains or losses from assets used in a business activity. Do not include personal gains and losses. (b) For the computation of business income for Michigan Business Tax (MBT) purposes, persons who claimed a federal special depreciation deduction under IRC § 168(k) on property first placed in service in 2008 or later must calculate the net bonus depreciation adjustment on those assets as follows: net bonus depreciation adjustment in tax year equals the total federal depreciation claimed in tax year less the total amount of depreciation that would be claimed in the federal return in the tax year if the person had elected not to utilize the bonus depreciation allowance at IRC § 168(k). A person may not elect IRC § 179 expensing of an asset for MBT purposes if it did not elect to use IRC § 179 for that asset federally. (c) For the computation of business income for MBT purposes, persons who claimed a federal special depreciation deduction under IRC § 168(k) on property first placed in service in 2008 or later and subsequently disposed of that property in the current tax year must calculate the gain/loss adjustment on the sale of those assets as follows: gain/loss adjustment in tax year equals the total amount of federal depreciation that would be claimed in the federal return over the years (starting the year the asset was placed in service and ending on the current tax year) if the person had elected not to utilize the bonus depreciation allowance at IRC § 168(k) on the property being disposed LESS the total federal depreciation claimed over the years (starting the year asset was placed in service and ending on the current tax year). A person may not elect IRC § 179 expensing of an asset for MBT purposes if it did not elect to use IRC § 179 for that asset federally. (d) Generally, IRC 199 was repealed effective for tax years beginning after December 31, 2017. Therefore, most taxpayers will leave this line blank. However, the federal deduction can still be taken in limited circumstances or it’s possible that a member of a UBG return includes in this return its tax year beginning before January 1, 2018. In any case, to the extent a deduction was taken in this tax year’s federal taxable income, report that deduction here. |
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Country Codes Countries are identified by two-letter codes – Country Codes – which are required on some Michigan Business Tax (MBT) forms, including the annual returns. The following is a list of countries and their codes. AF Afghanistan CK Cook Islands IN India NR Nauru SB Solomon Islands AX Åland Islands CR Costa Rica ID Indonesia NP Nepal SO Somalia AL Albania CI Côte D’ivoire IR Iran NL Netherlands ZA South Africa DZ Algeria HR Croatia IQ Iraq AN Netherlands Antilles GS S. Georgia, Sandwich AS American Samoa CU Cuba IE Ireland NC New Caledonia KR South Korea AD Andorra CY Cyprus IM Isle Of Man NZ New Zealand ES Spain AO Angola CZ Czech Republic IL Israel NI Nicaragua LK Sri Lanka AI Anguilla CD Dem. Rep. of Congo IT Italy NE Niger SD Sudan AQ Antarctica DK Denmark JM Jamaica NG Nigeria SR Suriname AG Antigua & Barbuda DJ Djibouti JP Japan NU Niue SJ Svalbard, Jan Mayen AR Argentina DM Dominica JE Jersey NF Norfolk Island SZ Swaziland AM Armenia DO Dominican Republic JO Jordan KP North Korea SE Sweden AW Aruba EC Ecuador KZ Kazakhstan MP N. Mariana Islands CH Switzerland AU Australia EG Egypt KE Kenya NO Norway SY Syrian Arab Republic AT Austria SV El Salvador KI Kiribati OM Oman TW Taiwan AZ Azerbaijan GQ Equatorial Guinea KW Kuwait PK Pakistan TJ Tajikistan BS Bahamas ER Eritrea KG Kyrgyzstan PW Palau TZ Tanzania BH Bahrain EE Estonia LA Laos PS Palestinian Occ. Terr. TH Thailand BD Bangladesh ET Ethiopia LV Latvia PA Panama TL Timor-Leste BB Barbados FK Falkland Islands LB Lebanon PG Papua New Guinea TG Togo BY Belarus FO Faroe Islands LS Lesotho PY Paraguay TK Tokelau BE Belgium FJ Fiji LR Liberia PE Peru TO Tonga BZ Belize FI Finland LY Libya PH Philippines TT Trinidad & Tobago BJ Benin FR France LI Liechtenstein PN Pitcairn TN Tunisia BM Bermuda GF French Guiana LT Lithuania PL Poland TR Turkey BT Bhutan PF French Polynesia LU Luxembourg PT Portugal TM Turkmenistan BO Bolivia TF Fr. Southern Terr. MO Macao PR Puerto Rico TC Turks & Caicos BA Bosnia, Herzegovina GA Gabon MK Macedonia QA Qatar TV Tuvalu BW Botswana GM Gambia MG Madagascar RE Réunion UG Uganda BV Bouvet Island GE Georgia MW Malawi RO Romania UA Ukraine BR Brazil DE Germany MY Malaysia RU Russian Federation AE United Arab Emir. IO Brit. Ind. Ocean Terr. GH Ghana MV Maldives RW Rwanda GB United Kingdom BN Brunei Darussalam GI Gibraltar ML Mali BL St. Barthélemy US United States BG Bulgaria GR Greece MT Malta SH St. Helena UM U.S. Minor Out. Isl. BF Burkina Faso GL Greenland MH Marshall Islands KN St. Kitts & Nevis UY Uruguay BI Burundi GD Grenada MQ Martinique LC St. Lucia UZ Uzbekistan KH Cambodia GP Guadeloupe MR Mauritania MF St. Martin VU Vanuatu CM Cameroon GU Guam MU Mauritius PM St. Pierre & Miquelon VE Venezuela CA Canada GT Guatemala YT Mayotte VC St. Vincent, Grenad. VN Vietnam CV Cape Verde GG Guernsey MX Mexico WS Samoa VG Virgin Islands, British KY Cayman Islands GN Guinea FM Micronesia SM San Marino VI Virgin Islands, U.S. CF Cent. African Repub. GW Guinea-Bissau MD Moldova ST Sao Tome & Principe WF Wallis & Futuna TD Chad GY Guyana MC Monaco SA Saudi Arabia EH Western Sahara CL Chile HT Haiti MN Mongolia SN Senegal YE Yemen CN China HM Heard, McDonald Isl. ME Montenegro RS Serbia ZM Zambia CX Christmas Island VA Holy See (Vatican) MS Montserrat SC Seychelles ZW Zimbabwe CC Cocos Islands HN Honduras MA Morocco SL Sierra Leone CO Colombia HK Hong Kong MZ Mozambique SG Singapore XX Countries-Other KM Comoros HU Hungary MM Myanmar SK Slovakia CG Congo IS Iceland NA Namibia SI Slovenia 166 |