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 |
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 If the ABI was less than zero in any of the five years following line-specific instructions. 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 Corporation on the MBT Schedule of Shareholders and Officers For the purposes of completing Part 2, if a member’s separate (Form 4577). year does not share a common year end with the UBG, use a 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 amember 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 the1 of 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 thein 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 alesser loss adjustment to claim areduced 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 a Corporation, or an officer of a C Corporation has allocated Part 2: Available Loss income after loss adjustment of more than $160,000. This Use Part 2to determine the loss available from the five preceding reduction is based on the Individual/partner/officer/shareholder periods. Do not enter anegative 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 alesser loss adjustment to claim areduced 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. for UBGs” so circumstances in which a member Instrutions 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 atax 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 completing the Group Copy for ABI, enter the sum of the When shareholder compensation, by 12 and divide the result by the 1) UBG’s negative ABI for tax years it received the following: number of months the business operated. Generally, a business plus, 2) a member’s negative ABI for a tax year when it SBAC, 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. are calculated initially at the member level but used and amounts NOTE: If the business was in operation for less than amonth it maintained for use in future years on the Group Copy for ABI. is considered to have been in business for 1month. Line 12: Enter the amount of loss entered on line 11 that was 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 |