Reset Form Michigan Department of Treasury (Rev. 04-22), Page 1 of 2 Issued under authority of Public Act 281 of 1967, as amended. 2022 MICHIGAN Adjustments of Gains and Losses Type or print in blue or black ink. Report all amounts in whole dollars. From Sales of Business Property MI-4797 Reported on U.S. Form 4797. To be filed with Form MI-1040 or MI-1041, see instructions. Attachment 16 Filer’s Name Shown on Tax Return Identifying Number PART 1: Sales or Exchanges of Property Used in Trade or Business and Involuntary Conversion From Other Than Casualty or Theft - Property Held More Than One Year. 1. Enter the gross proceeds from the sale or exchange of real estate reported to you as reported on U.S. Form 4797 2. A B C D E Date Acquired Date Sold Federal Gain (Loss) from Gain (Loss) from Column D Description of Property (MM-DD-YYYY) (MM-DD-YYYY) Column g of U.S. Form 4797 Subject to Michigan Income Tax 3. Gain, if any, from U.S. Form 4684, line 39 ............................................................ 3. 4. Section 1231 gain from installment sales from U.S. Form 6252, line 26 or 37....... 4. 5. Section 1231 gain or (loss) from like-kind exchanges from U.S. Form 8824 ........ 5. 6. Gain, if any, from Part 3, line 26, from other than casualty or theft ....................... 6. 7. Add lines 2 through 6 in columns D and E ............................................................ 7. • If line 7, column D or E, is zero or a loss, enter amount on line 11 below and skip lines 8 and 9. • If line 7, column D or E, is a gain, and you had no section 1231 losses from prior years, enter amount as a long-term capital gain on MI-1040D or MI-1041D and skip lines 8, 9, 11 and 12 below. 8. Non-recaptured net section 1231 losses from prior years (enter as a positive) 8. 9. Subtract line 8, column D from line 7, column D, and subtract line 8, column E, from line 7, column E. If less than zero, enter “0”................................. 9. • If line 9 is zero, carry amount(s) from line 7 to line 12. • If line 9 is greater than zero, enter amount from line 8 on line 12 below, and enter amount from line 9 as a long-term capital gain on MI-1040D, line 7 or MI-1041D, line 10. PART 2: Ordinary Gains and Losses 10. Ordinary gains and losses not included on lines 11 through 17 (include property held one year or less). 11. Loss, if any, from line 7, column D or E ................................................................. 11. 12. Gain, if any, from line 7, column D or E, or amount from line 8 ............................. 12. 13. Gain, if any, from Part 3, line 25 ............................................................................ 13. 14. Net gain or (loss) from U.S. Form 4684, lines 31 and 38a .................................... 14. 15. Ordinary gain from installment sales from U.S. Form 6252, lines 25 or 36 ........... 15. 16. Ordinary gain or (loss) from like-kind exchanges from U.S. Form 8824................ 16. 17. Add lines 10 through 16 in columns D and E. For fiduciary filers, enter the gain or (loss) on the fiduciary return (see instructions) .................................................. 17. 18. For individual returns, complete lines a and b below. 18a. If the loss on line 11 includes a loss from U.S. Form 4684, line 35, column (b)(ii), enter that part of the loss here................................................................................ 18a. 18b. Redetermine the gain or (loss) on line 17, excluding the loss (if any) on line 18a. Enter here............................................................................................................... 18b. NOTE: If the federal amount is a gain, enter on Schedule 1, line 12. If a loss, enter as a positive on Schedule 1, line 5. If the Michigan amount is a gain, enter on Schedule 1, line 3. If a loss, enter on Schedule 1, line 22. If nonresident or part-year resident, carry amount on 18b to Schedule NR, line 8 (see Schedule NR instructions). Continue on page 2. This form cannot be processed if page 2 is not completed and included. + 0000 2022 69 01 27 0 |
2022 MI-4797, Page 2 of 2 Identifying Number PART 3: Gain From Disposition of Property Under Sections 1245, 1250, 1252, 1254 and 1255 Percentage of Gain Subject to Michigan Income Tax (divide number 19. Description of Sections 1245, 1250, 1252, 1254 and Date Acquired Date Sold of months after 10-01-1967 by total 1255 property (MM-DD-YYYY) (MM-DD-YYYY) number of months) (A) (B) (C) (D) Property Property Property Property Relate lines 19(A) through 19(D) to these columns: (A) (B) (C) (D) TOTAL 20. Enter amounts from U.S. Form 4797, line 24 .................................. 21. Enter portion of gain subject to Michigan tax. (Multiply gain on line 20 by percentage computed on line 19.) ........ 22. Enter from U.S. Form 4797 the total of lines 25(b), 26(g), 27(c), 28(b) and 29(b) in columns A through D .......................................... 23. Enter portion of gain subject to Michigan tax. (Multiply gain on line 22 by percentage computed on line 19.) ........ F G Federal Michigan 24. Enter in column F the total from line 20; enter in column G the total from line 21. ........... 25. Enter in column F the total from line 22 and carry to line 13, column D. Enter in column G the total from line 23 and carry to line 13, column E........................... 26. Subtract line 25 from line 24. Enter portion in columns F and G from other than casualty or theft on Part 1, line 6, columns D and E................................................. + 0000 2022 69 02 27 8 |
2022 Form MI-4797, Page 3 Instructions for Form MI-4797 MICHIGAN Adjustments of Gains and Losses From Sales of Business Property MI-4797 General Information Line 6: Enter in column D the gain from column F, line 26. Enter Only use this form to adjust your Michigan taxable income in column E the gain from column G, line 26. if you have capital gains or losses attributable to one of the Line 10: Enter other ordinary gains and losses from your following: U.S. Form 4797. Enter federal gain or loss in column D. Enter • Gains or losses from the sale of certain types of properties portion of gain or loss subject to Michigan income tax in located in other states and/or subject to Michigan’s allocation column E. provisions. Gains or losses subject to Michigan’s Line 13: Enter in column D the amount from line 25, column F. apportionment provisions, refer to the MI-1040H. Enter in column E the amount from line 25, column G. • Periods before October 1, 1967 (Section 271 adjustment). If Line 14: Enter gain or loss from U.S. Form 4684, lines 31 and you file U.S. Schedule D or Form 4797 and you elect to adjust 38a. If the gain or loss was from more than one casualty or theft, under Section 271 of the Michigan Income Tax Act, you must include a copy of U.S. Form 4684 and a schedule showing the file the equivalent Michigan forms (MI-1040D or MI-4797). computation of gain or loss subject to Michigan income tax. You must include all items of gain or loss realized during the Line 17: Enter a federal gain on MI-1041, Schedule 1, line 38. tax year. Enter a federal loss as a positive number on MI-1041, Schedule 1, Michigan business income (loss) includes the distributive share line 33. Enter a Michigan gain on MI-1041, Schedule 1, line 33. of income (loss) from a flow-through entity, including net short- Enter a Michigan loss as a positive number on MI-1041, Schedule 1, term and long-term capital gain (loss). Michigan business income line 38. If the filer is a nonresident estate or trust, carry the subject to apportionment is to be reported on the MI-1040H or Michigan portion to MI-1041, Schedule NR, line 7, column B. included on Form MI-461 (if applicable), do not use this form to Line 20: Enter the total gain for each property from U.S. apportion those gains or losses. Form 4797, line 24 and enter the total gain for all properties in the Nonresidents and part-year residents, that are allocating capital total column. gains or losses, see instructions for Schedule NR, line 8. Include your MI-4797 with your MI-1040 or MI-1041. Also Section 271. To apportion under Section 271, multiply the gain or include a copy of your U.S. Form 4797 with your return. loss in column D by the number of months the property was held after September 30, 1967. Divide the result by the total number of months held. Enter the result in column E. For the purpose of this computation, the first month is excluded if acquisition took place after the 15th, and the last month is excluded if disposal took place on or before the 15th. Gains from installment sales made before October 1, 1967, must show federal gain in column D and zero in column E. Gains from installment sales made after October 1, 1967, are subject to Michigan tax but may be apportioned under Section 271. Identification: For individual income tax filers, enter the filer’s name and full nine-digit Social Security number at the top of the form. For fiduciary filers, enter the name of the estate or trust and full Federal Employer Identification Number (FEIN). Line-by-Line Instructions Lines not listed are explained on the form. Line 2: Enter in columns A, B, C, and D the corresponding information from your U.S. Form 4797. For column E, enter the gain or loss subject to Michigan income tax. Line 3: Enter in column D any gain from U.S. Form 4684, line 39. In column E enter the gain subject to Michigan income tax. If the gain was realized from more than one casualty or theft and some or all of the property was acquired prior to October 1, 1967, include a copy of U.S. Form 4684 and a schedule showing the computation of gain subject to Michigan income tax. |