2021 MICHIGAN Business Tax (MBT) FINANCIAL INSTITUTIONS This booklet contains information on completing a Michigan Business Tax return for calendar year 2021 or a fiscal year ending in 2022. 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, 2022 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 Department of Treasury — 4599 (Rev. 01-22) |
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Important Information for 2021 certificate, or reassignment certificate is issued under section Michigan Business Tax (MBT) Election 435 to a taxpayer, beginning on and after January 1, 2012, Only those taxpayers that have been approved to receive, have the taxpayer may elect to claim an accelerated refund for 90 received, or have been assigned a certificated credit that has percent of the amount of that certificate. not yet fully been claimed or utilized may elect to be MBT If section 437 or 435 provides that payment of a credit will be taxpayers. If a taxpayer files an MBT return for its first tax made over a period of years or limits the annual amount of a year beginning after December 31, 2011, the taxpayer makes payment, an accelerated refund may only be claimed for the the election to file and pay under the MBT until the certificated amount payable in the year claimed. credit and any carryforward of that credit are exhausted. Except for taxpayers with certain qualifying brownfield However, a taxpayer claiming the Special Consideration redevelopment or historical preservation certificated credits, Historic Preservation Credit under section 435(20) may elect to the election must be made for the first tax year beginning after claim an accelerated refund for the balance of the credit, but December 31, 2011. Once the election is made and the return the amount of that refund shall be equal to 86 percent of the is submitted, the taxpayer may not amend the return to revoke amount of the credit. the election. Find a list of certificated credits in the General For more details, see the Request for Reduced Refundable Information for Standard Taxpayers in the MBT Forms and Credit Payout for the Brownfield Redevelopment Credit and Instructions for Standard Taxpayers (Form 4600). Historic Preservation Credit (Form 4889). Michigan Tax Forms are online at www.michigan.gov/taxes. An accelerated credit Helpful Hints for Completing an MBT Return refund will be paid within 60 days after Form 4889 is filed. MBT UBG Combined Filing Schedule for Financial If a taxpayer files Form 4889 and claims an accelerated credit, Institutions (Form 4752) the taxpayer makes the election to file and pay under the MBT Members of a UBG will report their data on Form 4752. Once until the certificated credit and any carryforward of that credit all member data is combined and eliminations are calculated, are exhausted. A taxpayer claiming an accelerated credit on these final figures will carry to Form 4590. All credits claimed Form 4889 must also file an annual MBT return. on Form 4752 must be supported by the applicable forms and these forms must be included when filing the return. Brief Overview of the CIT UBG members may have different tax year-ends. The combined The CIT took effect January 1, 2012, and replaces the MBT, return must include each member whose tax year ends with or except for certain businesses that wish to claim certificated within the tax year of the Designated Member (DM). credits. Among the highlights of the CIT: Amended Returns • The CIT applies to all financial institutions unless the To amend a current or prior year annual return, complete the financial institution is able to and does make the MBT Form 4590 that is applicable for that year, check the box in the election. upper-right corner of the return, and attach a separate sheet • Taxpayers will be required to file quarterly estimated explaining the reason for the changes. Include an amended returns as well as an annual return. federal return or a signed and dated Internal Revenue Service • Annual payments will still be due on the prescribed due date (IRS) audit document. Include all schedules filed with the of the annual return. original return, even if not amending that schedule. Enter • The CIT is equal to 0.29% of net capital for financial the figures on the amended return as they should be. Do not institutions. include a copy of the original return with your amended return. • There are no credits available for financial institutions under Accelerated Credits the CIT. A taxpayer with a certificated credit under section 435 (Historic) • An entity that has received, has been approved to receive, or 437 (Brownfield) of the Michigan Business Tax Act (MBTA), or has been assigned certain certificated tax credits under or any unused carryforward of such certificated credit that may MBT may elect to continue to file and pay under the MBT in be claimed in a tax year ending after December 31, 2011, may lieu of the CIT. This election must be made with the annual elect to pay the tax imposed by the MBTA in the tax year in return filed for first tax period beginning after 2011 for most which that certificated credit may be claimed in lieu of the CIT. certificated credits. The election is also made if a taxpayer If a person with a certificated credit under section 435 or 437 files a Form 4889, Claim for Accelerated Credit. that elects to pay the MBT is a member of a Unitary Business • Estimated payments will still be due on the prescribed due Group (UBG), the Designated Member of the UBG, and not the dates for quarterly estimated returns. member, shall file a UBG return and pay the tax, if any, under the MBTA and claim that certificated credit. For a tax year beginning after December 31, 2011, if a certificate of completion, assignment certificate, or component completion certificate is issued under section 437 to a taxpayer, or if a certificate of completed rehabilitation, assignment 1 |
2021 General Information for Financial Institutions Standard Taxpayers and Insurance Companies: See the Michigan Business Tax (MBT) Instruction Booklet for Standard Taxpayers (Form 4600) or the MBT Instruction Booklet for Insurance Companies (Form 4592) at www.michigan.gov/taxes. This booklet is intended as a guide to help complete the MBT • MEGA Photovoltaic Technology Credit (Form 4574) return. It does not take the place of the law. • Film Production Credit (Form 4574). Who Files a Financial Return? Using This Booklet Only those taxpayers with a certificated credit, which is This MBT financial institution booklet includes forms and awarded but not yet fully claimed or utilized, may elect to be instructions for financial institutions. These forms are designed MBT taxpayers. If a taxpayer files an MBT return and claims for calendar year filers, and fiscal filers with a tax year ending a certificated credit, the taxpayer makes the election to file in 2014. Read the General Information first. It is recommended and pay under the MBT until the certificated credit and any that taxpayers and tax preparers also briefly review the carryforward of that credit are exhausted. Once the election is instructions for all forms. made and the return is submitted, the taxpayer may not amend the return to revoke the election. Overview of MBT for Financial Institutions File an MBT Annual Return for Financial Institutions (Form The franchise tax is imposed upon the tax base of the financial 4590) if the taxpayer is any of the following and holds a institution after allocation or apportionment to Michigan at the certificated credit: rate of 0.235 percent. There is no filing threshold for financial taxpayers. • A bank holding company, a national bank, a state chartered bank, an office of thrift supervision chartered bank or thrift In addition, there is an annual surcharge imposed at the rate of institution, or a savings and loan holding company other 23.4 percent. than a diversified savings and loan holding company as NOTE: Trust-only banks do not pay a surcharge. defined in 12 United States Code (USC) 1467a(a)(1)(F) or a federally chartered Farm Credit System institution. Nonrefundable and refundable credits are available for financial institutions to help reduce the initial MBT liability. • Any person, other than an insurance company subject to This includes a limited allowance for Single Business Tax the tax imposed under Chapter 2A of the MBT Act, who is (SBT) credit carryforwards. directly or indirectly owned by an entity described above and is a member of the Unitary Business Group (UBG). (See These forms are available online at www.michigan.gov/taxes. the definition of UBG in the “UBGs and Combined Filing” section of this General Information.) This generally refers to Required CIT Comparison all non-insurance taxpayers that are owned by and unitary If choosing to file MBT to claim certain certificated credits, with financial institutions. taxpayers are required to calculate MBT liability as the higher • A UBG consisting of entities described above. of MBT liability or hypothetical CIT liability. A taxpayer must pay the higher of the two or take the lesser refund. What is a Certificated Credit Certificated credits consist of MBT credits that, under MCL A taxpayer calculates the franchise tax and surcharge of the 208.1107, are allowed to be applied against the calculated CIT MBT and applies all credits, including certificated credits, liability, as provided under MCL 208.1500(4). The certificated deductions, and exemptions available under the MBT. Then, credits are either nonrefundable or refundable credits. Below as if they were subject to the CIT, taxpayers calculate the is the list of all certificated credits potentially available to franchise tax under the CIT and apply deductions available financial institutions, and the respective form used for their under the CIT. The hypothetical CIT liability is then reduced calculation. (not below to zero) by the amount of certificated nonrefundable credit used to offset the MBT liability. The hypothetical CIT Nonrefundable Certificated Credits: liability offset by certificated nonrefundable MBT credits is • Renaissance Zone Credit (Forms 4595 and 4573) further reduced by the total amount of certificated refundable credits claimed under the MBT liability calculation, resulting • Historic Preservation Credit (Forms 4573 and 4584) in the taxpayers’ final hypothetical CIT liability. Taxpayers’ • Brownfield Redevelopment Credit (Forms 4584 and 4573) final MBT liability consists of the higher of the calculated • Film Infrastructure Credit (Form 4573) MBT and hypothetical CIT liabilities. If both MBT and • MEGA Poly-Silicon Energy Cost Credit and Miscellaneous hypothetical CIT liabilities result in tax refunds (negative MEGA Battery Credits (Forms 4584 and 4573). liability), taxpayers are entitled to the lower refund amount.” Specific forms are provided to perform the MBT to CIT Refundable Certificated Credits: comparison and determine the tax liability or refund. The • Historic Preservation Credit (Form 4573) Michigan Schedule of Corporate Income Tax Liability for • Brownfield Redevelopment Credit (Forms 4584 and 4573) a Michigan Business Tax Filer (Form 4946) is used for the • MEGA Employment Tax Credit (Form 4574) standard taxpayer comparison. The Michigan Schedule of 2 |
Corporate Income Tax Liability for a Michigan Business Tax Amending Estimates Insurance Filer (Form 4974) is used for the insurance company’s If, after making payments, the estimated tax is substantially comparison. The Michigan Schedule of Corporate Income Tax different than originally estimated, recompute the tax and Liability for a Michigan Business Tax Financial Filer (Form adjust the payment in the next quarter. 4975) is used for the financial institution’s comparison. Filing MBT/CIT Quarterly Tax Estimates for 2019 Electronic Filing of MBT Returns If estimated liability for the year is reasonably expected to Michigan has an enforced CIT e-file mandate. Software exceed $800, a taxpayer must file estimated returns. A taxpayer developers producing CIT tax preparation software and may remit quarterly estimated payments by check with a computer-generated forms must support e-file for all eligible Corporate Income Tax Quarterly Return (Form 4913) or may Michigan forms that are included in their software package. All remit monthly or quarterly estimated payments electronically eligible CIT returns prepared using tax preparation software or by Electronic Funds Transfer (EFT). When payments are made computer-generated forms must be e-filed. by EFT, Form 4913 is not required. Treasury will be enforcing the CIT e-file mandate. The Estimated returns and payments for calendar year taxpayers enforcement includes not processing computer-generated paper are due to Treasury by April 15, July 15, October 15, and returns that are eligible to be e-filed. A notice will be mailed to January 15 of the following year. Fiscal year taxpayers should the taxpayer, indicating that the taxpayer’s return was not filed make returns and payments by the appropriate due date which in the proper form and content and must be e-filed. Payment is fifteen days after the end of each fiscal quarter. The sum of received with a paper return will be processed and credited to estimated payments for each quarter must always reasonably the taxpayer’s account even when the return is not processed. approximate the liability for the quarter. Treasury will continue to accept certain Portable Document NOTE: Your debit transaction will be ineligible for EFT Format (PDF) attachments with CIT e-filed returns. A current if the bank account used for the electronic debit is funded or list of defined attachments is available in the CIT “Michigan otherwise associated with a foreign account to the extent that Tax Preparer Handbook for Electronic Filing Programs,” which the payment transaction would qualify as an International ACH is available on the Treasury Web site at www.MIfastfile.org Transaction (IAT) under NACHA Rules. Contact your financial by clicking on “Tax Preparer,” then “Corporate Income Tax institution for questions about the status of your account. Handbook” for the applicable tax year. Follow your software Contact the Michigan Department of Treasury’s (Treasury) instructions for submitting attachments with an e-filed return. EFT Unit at 517-636-6925 for alternate payment methods. If the MBT return includes supporting documentation or The estimated payment made with each quarterly return must attachments that are not on the predefined list of attachments, be computed on the actual CIT for the quarter, or 25 percent of the return can still be e-filed. Follow your software instructions the estimated total liability if paying a CIT liability. for including additional attachments. The tax preparer or taxpayer should retain file copies of all documentation or To avoid interest and penalty charges, estimated payments must attachments. equal at least 85 percent of the total liability for the tax year and the amount of each estimated payment must reasonably For more information and program updates, including approximate the tax liability for that quarter. If the prior year’s exclusions from e-file, visit the e-file Web site at tax is $20,000 or less, estimated tax may be based on the prior www.MIfastfile.org. year’s total tax liability paid in four equal installments. (“Four The taxpayer may be required to e-file its federal return. Visit equal installments” describes the minimum pace of payments the Internal Revenue Service (IRS) Web site at www.irs.gov that will satisfy this safe harbor.) If the prior year’s tax liability for more information on federal e-file requirements and the IRS was reported for a period less than 12 months, this amount Federal/State Modernized e-File (MeF) program. must be annualized for purposes of both the $20,000 ceiling and calculating the quarterly payments due under this method. Complete Federal Tax Forms First Payments at a more accelerated pace also will qualify. If the year’s tax liability is $800 or less, estimates are not required. Before preparing MBT returns, complete all federal tax forms. These forms may include: NOTE: For those continuing to file MBT, reliance on the tax liability of the prior year as a means to avoid interest and • Fiduciaries — U.S. Form 1041, 1065, and related Schedules penalty charges is only allowed if you had business activity in C, C-EZ, D, E, K, 4797, and 8825. Michigan in that prior year. A return must be filed to establish • Corporations — U.S. Form 1120, 1120-S, and Schedules D, the tax liability for that prior year, even if gross receipts in the K, 851, 940, 4562, 4797, and 8825. prior year were less than $350,000. In addition, if your business • Limited Liability Companies (LLCs) — federal forms listed was not in existence in the preceding year, no safe harbor above, depending on how federal returns have been filed. exists. In such a case, estimates must be based on the MBT liability for the current year. For those filing CIT, there is no Reference these federal forms to complete Form 4590. safe harbor in this first year of CIT filing. The estimates must Copies of certain pages from these federal forms must also equal at least 85 percent of the total liability as stated above. be attached to the annual return filed. See the instructions for Form 4590 for further details. 3 |
Completing Michigan Forms • Identifies the form on which each nonrefundable credit is calculated Treasury captures the information from paper MBT returns • Tracks tax liability as it is reduced by each credit in proper using an Intelligent Character Recognition process. If order completing a paper return, avoid unnecessary delays caused by manual processing by following the guidelines below so the • Identifies (where applicable) the point at which tax liability return is processed quickly and accurately. reaches zero and no further nonrefundable credits may be claimed in the current filing period. • Use black or blue ink. Do not use pencil, red ink, or felt tip pens. Do not highlight information. Complete Form 4568 from top to bottom. For each credit the • Print using capital letters (UPPER CASE). Capital letters taxpayer qualifies for, calculate the credit as identified on the are easier to recognize. appropriate form and bring the result back to the appropriate line on Form 4568. • Print numbers like this: 012345678. Do not put a slash through the zero ( ) or seven ( ). 7 After total nonrefundable credits are determined on Form • Fill check boxes with an [X]. Do not use a check mark [a]. 4568, line 40, carry the figure to Form 4590, line 27. The lines following are straightforward, but take care to consider any • Leave lines/boxes blank if they do not apply or if the available refundable credits on Form 4590, Part 2. amount is zero, unless otherwise instructed. • Do not enter data in boxes filled with Xs. Further General Guidance • Do not write extra numbers, symbols, or notes on the return, such as cents, dashes, decimal points (excluding For purposes of MBT, person means an individual, firm, bank, percentages), or dollar signs, unless otherwise instructed. financial institution, insurance company, limited partnership, Enclose any explanations on a separate sheet unless limited liability partnership, copartnership, partnership, joint instructed to write explanations on the return. venture, association, corporation, S corporation, LLC, receiver, • Date format, unless otherwise specified, should be in the estate, trust, or any other group or combination of groups following format: MM-DD-YYYY. Use dashes (-) rather acting as a unit. than slashes (/). A taxpayer includes a single person or a UBG liable for tax, • Enter phone numbers using dashes (e.g., 517-555-5555); do interest, or penalty. A UBG must file a combined MBT return not use parentheses. (addressed in the “UBGs and Combined Filing” section of this • Stay within the lines when entering information in boxes. General Information). • Report losses and negative amounts with a negative sign in Limited Liability Company. An LLC is classified for MBT front of the number (do not use parentheses). For example, a purposes according to its federal tax classification. The loss in the amount of $22,459 should be reported as -22,459. following terms, whenever used in MBT forms, instructions, • Percentages should be carried out four digits to the and statute, include LLCs as indicated: right of the decimal point. Do not round percentages. For example, 24.154266 percent becomes 24.1542 percent. S Corporation includes an LLC federally taxed as an S When converting a percentage to a decimal number, carry Corporation, and a member of this LLC is a shareholder. numbers out six digits to the right of the decimal point. For C Corporation includes an LLC federally taxed as a C example, 24.154266 percent becomes 0.241542. Corporation, and a member of this LLC is a shareholder. A • Report all amounts in whole dollars. Round down member or other person performing duties similar to those of amounts of 49 cents or less. Round up amounts of 50 cents an officer in a true corporation is an officer in this LLC. or more. If cents are entered on the form, they will be NOTE: In this booklet, the term “corporation,” used without a treated as whole dollar amounts. C or S, generally refers to both types. Suggested Order of Analysis and Preparation of A person that is a disregarded entity for federal income an MBT Annual Return tax purposes under the internal revenue code must file as First, determine whether the taxpayer has a certificated credit. a disregarded entity for MBT purposes. This means that If the financial institution taxpayer does not have a certificated a disregarded entity for federal tax purposes, including a credit, it is subject to the CIT. Additionally, for all certificated single member LLC or Q-Sub, must file as if it were a sole credits other than qualifying Historic Preservation or Brownfield proprietorship if owned by an individual, or a branch or credits, the taxpayer must have made the election for its first tax division if owned by another business entity. year ending after December 31, 2011, in order to continue under Fiduciaries filing for Trusts engaged in business activity must the MBT. For a taxpayer using Form 4590, first complete lines file an MBT return and report the total business activity. 1 through 26. At that point, if any nonrefundable credits will be claimed, begin the MBT Nonrefundable Credits Summary UBGs and Combined Filing (Form 4568), which serves several important functions: NOTE: UBGs are addressed below, in general. In the • Acts as a checklist of nonrefundable credits instructions for each form, “Special Instructions for Unitary • Identifies the order in which nonrefundable credits must be Business Groups” are located directly before “Line-by-Line claimed Instructions.” The areas in the “Line-by-Line Instructions” that 4 |
apply only to UBGs are labeled “UBGs.” Additional direction For more information on the control and relationship tests for is found in the “Supplemental Instructions for Standard UBGs, see Revenue Administrative Bulletin (RAB) 2010-1, Members in UBGs.” MBT—Unitary Business Group Control Test, and RAB 2010- 2, MBT—Unitary Business Group Relationship Tests, on Determining the Existence and Membership Treasury’s Web site at www.michigan.gov/treasury. (Click on of a UBG “Reports and Legal Resources.”) Unitary Business Group means a group of United States persons, other than a foreign operating entity, that satisfies the Filing the Correct Form control test and relationship test. A different primary return and instruction booklet are required United States person is defined in Internal Revenue Code (IRC) for standard taxpayers (Form 4567) and insurance companies § 7701(a)(30). A foreign operating entity is defined by statute in (Form 4588). Michigan Compiled Laws (MCL) 208.1109(5). Filing if Tax Year Is Less Than 12 Months Control Test. The control test is satisfied when one person owns or controls, directly or indirectly, more than 50 percent Generally, annual returns must be filed for the same period as of the ownership interest with voting or comparable rights of federal income tax returns. the other person or persons. A person owns or controls more Tax year means the calendar year, or the fiscal year ending than 50 percent of the ownership interest with voting rights during the calendar year, upon the basis of which the tax base of or ownership interest that confer comparable rights to voting a taxpayer is computed. If a return is made for a fractional part rights of another person if that person owns or controls: of a year, tax year means the period for which the return is made. More than 50 percent of the total combined voting power of all A taxpayer that has a 52- or 53-week tax year beginning not ownership interests with voting (or comparable) rights, or more than seven days before December 31 of any year is More than 50 percent of the total value of all ownership considered to have a tax year beginning after December of that interests with voting (or comparable) rights. tax year. Relationship Tests. The definition of a UBG requires, in Example 1: A taxpayer with a federal tax year beginning on addition to satisfying the control test, that the group of persons Saturday, December 26, 2020, will be treated as follows: have business activities or operations that either: • 2020 tax year end of December 31, 2020. 1) Result in a flow of value between or among persons in the • Due date of April 30, 2021. group, or • 2021 tax year beginning January 1, 2021. 2) Are integrated with, dependent upon, or contribute to each Example 2: A taxpayer with a federal tax year ending on other. Friday, January 3, 2021, will be treated as follows: A taxpayer need only meet one of the two alternative tests to • 2020 tax year end of December 31, 2021. satisfy the relationship test. • Due date of April 30, 2021. 1) Flow of value is established when members of the group • 2021 tax year beginning on January 1, 2021. demonstrate one or more of functional integration, centralized management, and economies of scale. Examples of functional Example 3: A 52- or 53-week year closing near the end of January is common in the retail industry. Such a taxpayer will integration include common programs or systems and shared be treated as follows: information or property. Examples of centralized management include common management or directors, shared staff • 2020-21 fiscal year end will be January 31, 2021. functions, and business decisions made for the UBG rather • Due date will be May 31, 2021. than separately by each member. Examples of economies • 2021-22 fiscal year will begin on February 1, 2021. of scale include centralized business functions and pooled benefits or insurance. Groups that commonly exhibit a flow of Annualizing value include vertically or horizontally integrated businesses, If the filing period is less than 12 months, annualize the prior conglomerates, parent companies with their wholly owned year’s tax liability to determine whether estimates may be subsidiaries, and entities in the same general line of business. based on that liability. If the prior year’s annualized liability Flow of value must be more than the mere flow of funds arising is $20,000 or less, estimates may be based on the annualized out of passive investment. amount if paid in four equal, timely, installments. 2) The alternate “contribution/dependency” relationship test If annualization is required, multiply the prior year’s tax asks whether business activities are integrated with, dependent liability by 12 and divide the result by the number of months upon, or contributed to each other. Businesses are integrated the business operated. Generally, a business is considered in with, are dependent upon, or contribute to each other under business for a month if the business operated for more than half many of the same circumstances that establish flow of value. the days of that month. A business whose entire tax year is 15 However, this alternate relationship test is also commonly days or less, however, is considered in business for one month. satisfied when one entity finances the operations of another or when there exist intercompany transactions, including financing. EXAMPLE: A fiscal year taxpayer with a tax year ending in 5 |
June files a six-month return ending June 2010 reporting a tax Amending a Return liability of $9,000. Estimates for the tax year ending June 2011 may be based on the annualized liability of $18,000. Estimates A taxpayer may not amend to revoke the election to remain must be paid in four equal, timely installments of $4,500. taxable under the MBT. Once the taxpayer makes a valid election to claim a certificated credit, the taxpayer must Fiduciaries: A business registered as a Fiduciary that is in remain in the MBT until the certificated credit and any business less than 12 months is not required to annualize. carryforward of that credit are exhausted. Most certificated Due Dates of Annual Returns credits must be claimed for the taxpayer’s first tax year ending after December 31, 2011. Annual returns are due on or before the last day of the fourth To amend a current or prior year annual return, complete the month after the end of the tax year. For example, a return for Form 4590 that is applicable for that year and check the box calendar year 2020 is due April 30, 2021. A return for a fiscal in the upper-right corner of the return, and attach a separate year ending June 30, 2021, is due October 31, 2021. sheet explaining the reason for the changes. Include all Additional Filing Time schedules filed with the original return, even if not amending If additional time is needed to file an annual tax return, request that schedule. Enter the figures on the amended return as they a Michigan extension by filing an Application for Extension of should be. Do not include a copy of the original return with Time to File Michigan Tax Returns (Form 4). Check the box for your amended return. MBT to extend the time to file an MBT return. Current and past year forms are available on Treasury’s Web UBG NOTE: Extension requests must be filed under the name site at www.michigan.gov/treasuryforms. and account number of a UBG’s designated member to be a To amend a return to claim a refund, file within four years of valid request for extension. the due date of the original return (including valid extensions). Most certificated credits must be claimed for the taxpayer’s Filing a federal extension request with the IRS does not first tax year ending after December 31, 2011. Interest will be automatically grant an MBT extension. The IRS does not paid beginning 45 days after the claim is filed or the due date, notify state governments of extensions. A request for a whichever is later. Michigan extension must be received and approved to avoid penalty on the tax due. If amending a return to report a deficiency, penalty and interest may apply from the due date of the original return. Extension applications must be postmarked on or before the due date of an annual return. If any changes are made to a federal income tax return that affect an MBT tax base, filing an amended return is required. Although Treasury may grant extensions for filing MBT To avoid penalty, file the amended return within 120 days after returns, it will not extend the time to pay. Extension the final determination by the IRS. applications received without proper payment will not be processed. Penalty and interest will accrue on the unpaid tax Computing Penalty and Interest from the original due date of the return. Annual and estimated returns filed late or without sufficient Properly filed and paid estimates along with the amount included payment of the tax due are subject to a penalty of 5 percent of on the extension application will be accepted as payment on a the tax due, for the first two months. Penalty increases by an tentative return, and an extension may be granted. It is important additional 5 percent per month, or fraction thereof, after the that the application is completed correctly. second month, to a maximum of 25 percent. Once a properly prepared and timely filed application along Compute penalty and interest for underpaid estimates using with appropriate estimated tax payments is received, Treasury the MBT Penalty and Interest Computation for Underpaid will grant an extension of eight months to file the tax return. Estimated Tax (Form 4582). If a taxpayer prefers not to file this form, Treasury will compute the penalty and interest and send Any estimated tax that may be due with the request should a bill. be paid in the same manner as estimated payments were paid during the year. The following chart shows the interest rate that applies to each filing period. A new interest rate is set at 1 percent above the A written response will be sent to the legal address on file adjusted prime rate for each six-month period. when a valid extension application is received. Beginning Date Rate Daily Rate If an MBT extension is filed on time but the total payments received by the original due date are less than 90 percent of the January 1, 2021 4.25% 0.0001164 tax liability, a 10 percent negligence penalty may apply. July 1, 2021 4.25% 0.0001164 IMPORTANT: If no tax is owed, there is no need to file an January 1, 2022 4.25% 0.0001164 extension with Michigan by the due date of the return to avoid penalty. However, without an approved extension, it is For a complete list of interest rates, see the Revenue necessary to file an annual return as soon as the information is Administrative Bulletins on Treasury’s Web site at available to do so. An extension of time to file will also extend www.michigan.gov/treasury/. the statute of limitations. 6 |
Signing the Return Mailing Addresses All returns must be signed and dated by the taxpayer or the Mail the annual return and all necessary schedules to: taxpayer’s authorized agent. This may be the owner, partner, With payment: corporate officer, or association member. The corporate Michigan Department of Treasury officer may be the president, vice president, treasurer, assistant treasurer, chief accounting officer, or any other corporate PO Box 30113 officer (such as tax officer) authorized to sign the corporation’s Lansing MI 48909 tax return. Without payment: If someone other than the above prepared the return, the preparer Michigan Department of Treasury must give his or her business address and telephone number. PO Box 30783 Lansing MI 48909 Print the name of the authorized signer and preparer in the appropriate area on the return. Mail an extension application (Form 4) to: Michigan Department of Treasury Assemble the returns and attachments (in sequence order) and staple in the upper-left corner. (Do not staple a check to PO Box 30774 the return.) In an e-filed return, the preparation software will Lansing MI 48909-8274 assemble the forms and PDF attachments in the proper order Mail MBT/CIT quarterly estimate payments (Form 4913) to: automatically. Michigan Department of Treasury IMPORTANT REMINDER: Failure to include all the PO Box 30774 required forms and attachments will delay processing and may Lansing MI 48909-8274 result in reduced or denied refund or credit forward or a bill for Courier delivery service mail should be sent to: tax due. Michigan Department of Treasury SIGNING AN E-FILED RETURN: As with any tax return 7285 Parsons Dr. submitted to Treasury on paper, an electronic tax return must Dimondale, MI 48821 be signed by an authorized tax return signer, the Electronic Return Originator (ERO), if applicable, and the paid tax Make all checks payable to “State of Michigan.” Print preparer, if applicable. NOTE: If the return meets one of the taxpayer’s FEIN or TR Number, the tax year, and “MBT” on exceptions to the e-file mandate and is being filed on paper, the front of the check. Do not staple the check to the return. it must be manually signed and dated by the taxpayer or the Correspondence taxpayer’s authorized agent. An address change or business discontinuance can be reported online The MBT Fed/State e-file signature process is as follows: by using Michigan Treasury Online (MTO), Business Tax Services. Fed/State Returns: Michigan will accept the federal signature See www.michigan.gov/mtobusiness for information. In the alternative, Notice of Change or Discontinuance (Form 163), can be method. Michigan does not require any additional signature found online at www.michigan.gov/treasuryforms. documentation. Mail correspondence to: State Stand Alone Returns: State Stand Alone returns must be signed using Form MI-8879 (also called the Michigan Business Tax Division, MBT Unit e-file Authorization for Business Taxes MI-8879, Form Michigan Department of Treasury 4763). Returns are signed by entering the taxpayer PIN in the PO Box 30059 software after reading the perjury statement displayed in the Lansing MI 48909 software. The taxpayer PIN will be selected by the taxpayer, or the taxpayer may authorize his or her tax preparer to select the To Request Forms taxpayer PIN. Internet Form MI-8879 will be printed and contain the taxpayer PIN. Current and past year forms are available on Treasury’s Web The tax preparer will retain Form MI-8879 in his or her site at www.michigan.gov/treasuryforms. records as part of the taxpayer’s printed return. MBT State Stand Alone e-filings submitted without a taxpayer PIN TTY will be rejected by Treasury. Do not mail Form MI-8879 to Assistance is available using TTY through the Michigan Relay Treasury and do not include Form MI-8879 as an attachment Service by calling 711. with the e-file return. 7 |
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Michigan Department of Treasury 4590 (Rev. 04-21), Page 1 of 2 2021 MICHIGAN Business Tax Annual Return Check if this is an amended return. for Financial Institutions See instructions. Issued under authority of Public Act 36 of 2007. (MM-DD-YYYY) (MM-DD-YYYY) 1. Return is for calendar year 2021 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 Check if Fiduciary S Corporation / Street Address LLC S Corporation new address. (See instructions) C Corporation / City State ZIP/Postal Code Country Code LLC C Corporation 3. Principal Business Activity 4. Business Start Date in Michigan 8a. Check if taxpayer (or any UBG member) has authority to exercise trust powers only. 5. NAICS (North American Industry Classification System) Code 6. If Discontinued, Effective Date 9. Check if Filing Michigan Unitary Business Group Return. (Include Form 4752.) 10. Apportionment Calculation: a. Michigan Gross Business (if no Michigan gross business, enter zero) ..10a. 00 b. Total Gross Business ...................................................................10b. 00 c. Apportionment Percentage. Divide line 10a by line 10b .............10c. % PART 1: FRANCHISE TAX A B C D E Lines 11-14: If less than zero, enter zero. 2017 2018 2019 2020 2021 11. Equity Capital .................... 11. 12. Goodwill ............................. 12. 13. Average daily book value of Michigan obligations ...... 13. 14. Average daily book value of U.S. obligations ............. 14. 15. Subtotal. Add lines 12 through 14 ......................... 15. 16. Net Capital. Subtract line 15 from line 11 ................... 16. 17. a. Authorized insurance co. subsidiary: Enter actual capital fund amount ....... 17a. b. Minimum regulatory amount required ............ 17b. c. Multiply line 17b by 125% (1.25) ................... 17c. d. Subtract line 17c from 17a. If less than zero, enter zero ...................... 17d. 18. Add lines 16 and 17d ......... 18. 19. Add line 18, columns A through E. If less than zero, enter zero, skip lines 20-25, and enter zero on line 26 ........ 19. 00 20. Net Capital for Current Taxable Year. Divide line 19 by number of tax years reported above ................................ 20. 00 21. Apportioned Tax Base. Multiply line 20 by percentage on line 10c ........................................................................ 21. 00 22. Multiply line 21 by 0.235% (0.00235) ..................................................................................................................... 22. 00 23. There is no amount to be entered on the line. Skip to line 26 ................................................................................ 23. X X X X X X X X 00 24. There is no amount to be entered on the line. Skip to line 26 ................................................................................ 24. X X X X X X X X 00 25. There is no amount to be entered on the line. Skip to line 26 ................................................................................ 25. X X X X X X X X 00 26. Total Liability Before All Credits. Enter amount from line 22 ................................................................................... 26. 00 27. Nonrefundable credits from Form 4568, line 40 ..................................................................................................... 27. 00 28. Total Tax After Nonrefundable Credits. Subtract line 27 from line 26. If less than zero, enter zero ................... 28. 00 + 0000 2021 87 01 27 4 Continue and sign on Page 2. |
2021 Form 4590, Page 2 of 2 FEIN or TR Number 29. Recapture of Certain Business Tax Credits from Form 4587, line 13 ................................................................... 29. 00 30. Total MBT Tax Liability. Add lines 28 and 29 .................................................................................................... 30. 00 31. Corporate Income Tax adjustment from Form 4975, line 17 ................................................................................ 31. 00 32. Total Tax Liability. Add lines 30 and 31 .............................................................................................................. 32. 00 PART 2: PAYMENTS, REFUNDABLE CREDITS AND TAX DUE 33. Overpayment credited from prior MBT return .................................................. 33. 00 34. Estimated tax payments .................................................................................. 34. 00 35. There is no amount to be entered on this line. Skip to line 36......................... 35. X X X X X X X X 00 36. Tax paid with request for extension ................................................................. 36. 00 37. Refundable credits from Form 4574, line 23 ................................................... 37. 00 38. Total Payments. Add lines 33 through 37. (If not amending, then skip to line 40) ............................................... 38. 00 AMENDED a. Payment made with original and/or prior amended returns .. 39a. 00 39. RETURN b. Overpayment from original and/or prior amended returns.... 39b. 00 ONLY c. Add lines 38 and 39a and subtract line 39b from the sum ... .................................................... 39c. 00 40. TAX DUE. Subtract line 38 (or line 39c, if amending) from line 32. If less than zero, leave blank ....................... 40. 00 41. Underpaid estimate penalty and interest from Form 4582, line 38 ........................................................................ 41. 00 42. Annual return penalty (a) % = (b) 00 plus interest of (c) 00 . Total ..... 42d. 00 43. PAYMENT DUE. If line 40 is blank, go to line 44. Otherwise, add lines 40, 41 and 42d ..................................... 43. 00 PART 3: REFUND OR CREDIT FORWARD 44. Overpayment. Subtract lines 32, 41 and 42d from line 38 (or line 39c, if amending). If less than zero, leave blank (see instructions).......................................................................................................................................... 44. 00 45. CREDIT FORWARD. Amount on line 44 to be credited forward and used as an estimate for next MBT tax year .... 45. 00 46. REFUND. Amount on line 44 to be refunded......................................................................................................... 46. 00 Taxpayer Certification. I declare under penalty of perjury that the information in Preparer Certification. I declare under penalty of perjury that this 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 43 Make check payable to “State of and mail check and return to: Michigan.” Print taxpayer’s FEIN or Michigan Department of Treasury Michigan Department of Treasury TR Number, the tax year, and “MBT” on PO Box 30783 PO Box 30113 the front of the check. Do not staple the Lansing MI 48909 Lansing MI 48909 check to the return. + 0000 2021 87 02 27 2 |
Instructions for Form 4590 Michigan Business Tax (MBT) Annual Return for Financial Institutions the controlling member does not have nexus with Michigan. If Purpose that is the case, the controlling member may appoint a group To calculate a tax liability and claim credits for a financial member with nexus to serve as the DM. institution for MBT. NOTE: The MBT Unitary Business Group Combined Filing NOTE: Beginning January 1, 2012, only those taxpayers with a Schedule for Financial Institutions (Form 4752) must be certificated credit, which is awarded but not yet fully claimed or completed before completing Form 4590. utilized, may elect to be MBT taxpayers. If a taxpayer files an For more information on UBGs, see the instructions for Form MBT return and claims a certificated credit, the taxpayer makes 4752, available online at the Department of Treasury (Treasury) the election to file and pay under the MBT until the certificated Web site at www.michigan.gov/taxes. credit and any carryforward of that credit are exhausted. For more information on the control and relationship tests for General Instructions UBGs, see Revenue Administrative Bulletin (RAB) 2010-1 MBT Liability: Beginning January 1, 2012, a taxpayer Michigan Business Tax-Unitary Business Group Control Test calculates MBT liability as the greater of MBT liability and RAB 2010-2 Michigan Business Tax-Unitary Business after all credits, deductions, and exemptions or hypothetical Group Relationship Tests on the Treasury Web site. Corporate Income Tax (CIT) liability minus deductions and NOTE: Under the foregoing definition, a UBG may include credits available under that act and minus certificated credits financial institutions, insurance companies, and standard allowed under the MBT. This calculation of liability requires taxpayers. A group containing a mixture of these three a taxpayer to calculate net equity tax base and apply available taxpayer types may be required to file two or more returns to MBT credits, including certificated credits, deductions, and properly report the activities of the different taxpayer types exemptions available under the MBT. Then, the taxpayer within the group. will calculate the CIT comparison on Schedule of Corporate Under Michigan Compiled Law (MCL) 208.1261(f), financial Income Tax Liability for a Financial Filer (Form 4975). A institution means any of the following: taxpayer is permitted to reduce hypothetical CIT liability by all deductions and credits which would be allowed under that i. A bank holding company, a national bank, a state chartered tax as well as the amount of certificated credit allowed under bank, an office of thrift supervision chartered bank or thrift the MBT. The amount of certificated credit allowed under the institution, or a savings and loan holding company other than a MBT is the amount of nonrefundable credit needed to offset diversified savings and loan holding company as defined in 12 MBT liability or the entire amount of a refundable credit. United Stated Code (USC) 1467a(a)(F) or a federally chartered Farm Credit System institution. If the taxpayer’s hypothetical CIT liability would be higher than its MBT liability, the taxpayer will add the difference to ii. Any entity, other than an entity subject to the tax imposed MBT liability on line 31 of this form (4590). This is the CIT under Chapter 2A (insurance company), who is directly or adjustment. If the result of both steps of the calculation is a indirectly owned by an entity described in (i) and is a member negative number, the taxpayer will receive a refund of the lower of the UBG. negative; but a nonrefundable credit cannot be used to reduce iii. A UBG of entities described in (i) or (ii), or both. liability below zero. Remaining nonrefundable certificated credit Because the definition of financial institution for MBT NOTE: may be carried forward to succeeding tax years. purposes includes any entity (except an insurance company) that is owned by a bank or other entity (as described above) and is Special Instructions for Unitary Business Groups a member of a UBG with its parent, this may cause an entity A Unitary Business Group (UBG) is a group of United States that is not commonly thought of as a financial institution to be persons, other than a foreign operating entity, that satisfies the defined as one for return filing purposes. A UBG of financial following criteria: institutions must file a combined return on this Form 4590 that includes each member of the group that is a financial institution. • One of the persons owns or controls, directly or indirectly, more than 50 percent of the ownership interest with voting Taxpayer Certification rights (or rights comparable to voting rights) of the other A return filed by a UBG must be signed by an individual United States persons; AND authorized to sign on behalf of the DM. Provide the telephone • The UBG has operations which result in a flow of value number of that individual at the DM’s office. between persons in the UBG or has operations that are Line-by-Line Instructions integrated with, are dependent upon, or contribute to each other. Flow of value is determined by reviewing the totality of Lines not listed are explained on the form. facts and circumstances of business activities and operations. Dates must be entered in MM-DD-YYYY format. All financial institution members of a UBG must file a For periods less than 12 months, see the “General Information combined Form 4590 for the group with a Designated Member for Financial Institutions” in the MBT Forms and Instructions (DM) who must be the controlling member of the group, unless for Financial Institutions (Form 4599). 11 |
UBGs: Complete Form 4752 before beginning Form 4590. Line 6: Enter the date, if applicable, on which the taxpayer went Amended Returns: To amend a current or prior year annual out of business. To file a discontinuance for Michigan taxes, return, complete the Form 4590 that is applicable for that year, use Michigan Treasury Online (MTO). Visit www.michigan. check the box in the upper-right corner of the return, and attach gov/mtobusiness for more information.subject to another tax a separate sheet explaining the reason for the changes. Include an administered by Treasury, do not use this line. Also, do not use amended federal return or a signed and dated Internal Revenue this line if the taxpayer is a UBG and one member has stopped Service (IRS) audit document. Include all schedules filed with doing business. the original return, even if not amending that schedule. Enter the Line 7: Use the taxpayer’s Federal Employer Identification figures on the amended return as they should be. Do not include Number (FEIN) or the Michigan Treasury (TR) assigned a copy of the originally filed return with the amended return. number. Be sure to use the same account number on all forms. A taxpayer may not amend to revoke the election to remain If the taxpayer does not have an FEIN or TR number, taxable under the MBT. Once the taxpayer makes a valid election the taxpayer MUST register before filing this form. to claim a certificated credit, the taxpayer must remain in the Taxpayers are encouraged to register online at MBT until the credit and any carryforward of that credit are www.michigan.gov/businesstaxes. The Web site provides exhausted. information on obtaining an FEIN, which is required to submit Line 1: Unless a calendar year, enter the beginning and ending taxes through e-file. Taxpayers usually can obtain an FEIN from dates (MM-DD-YYYY) that correspond to the taxable period the IRS within 48 hours. Taxpayers registering with the State as reported to the IRS. online usually receive an account number within seven days. Tax year means the calendar year, or the fiscal year ending Returns received without a registered account number will not during the calendar year, upon the basis of which the tax base be processed until such time as a number is provided. of a taxpayer is computed. If a return is made for a fractional UBGs: Enter the FEIN or TR Number for the DM of the part of a year, tax year means the period for which the return financial group. covers. Generally, a taxpayer’s tax year is for the same period as is covered by its federal income tax return. Line 8: Check the box that describes the DM’s organization type. A Trust or a Limited Liability Company (LLC) should Fiscal Year Filers: See “Supplemental Instructions for Fiscal check the appropriate box based on its federal return. MBT Filers — Financial Institutions” in Form 4599. NOTE: A person that is a disregarded entity for federal tax Line 2: Enter the complete address and, if other than the purposes, including a single member LLC or Q-Sub, must file United States, enter the two-digit abbreviation for the country as if it were a sole proprietorship if owned by an individual, or code. See the list of country codes in Form 4599. a branch or division if owned by another business entity. Any correspondence regarding the return filed and/or refund Line 8a: If the taxpayer meets the definition of financial institution will be sent to the address used here. Check the new address and is filing this form, but is authorized to exercise only trust box if the address used on this line has changed from the last powers, check this box. See line 23 for additional instructions. filing. The taxpayer’s primary address in the Department of Treasury (Treasury) files, identified as the legal address and UBG: If any member of a UBG is a financial institution that used for all purposes other than refund and correspondence is authorized to exercise only trust powers, the UBG should on a specific MBT return, will not change until the customer check this box. specifically makes the change on their Michigan Treasury Line 9: Check this box if filing a Michigan UBG return and Online (MTO) account. Visit michigan.gov/mtobusiness for include Form 4752. For MBT, taxpayer means a person or a more information. UBG liable for tax, interest, or penalty. Exception: If mail sent to the legal address has been returned Lines 10a through 10c: A taxpayer may apportion on lines to Treasury by the United States Postal Service, Treasury will 10a through 10c only if its business activities are subject update the taxpayers legal address with the address used on to tax both within and outside of Michigan. A financial this line in the most recent MBT return. institution is subject to tax in another state, as that term is UBGs: In the Name field, enter the name of the DM for the used here, only if: financial institutions. • It is subject to a Business Privilege Tax, a Net Income Tax, a Line 3: Enter a brief description of the principal types of Franchise Tax measured by net income, a Franchise Tax for financial services in which the taxpayer is engaged. the privilege of doing business, or a corporate stock tax or a tax of the type imposed under the MBT Act in that other Line 4: Enter the start date of first business activity in Michigan. state; OR Line 5: Enter the entity’s six-digit North American Industry • That other state has jurisdiction to subject the financial Classification System (NAICS) code. For a complete list of institution to one or more of the taxes listed above regardless six-digit NAICS codes, see the U.S. Census Bureau Web site of whether that state does or does not subject the financial at www.census.gov/eos/www/naics/, or enter the same NAICS institution to such a tax. code used when filing the entity’s U.S. Form 1120, Schedule K, U.S. Form 1120S, or U.S. Form 1065. Under MCL 208.1261(g), gross business means the sum of the 12 |
following less transactions between those entities included in a UBG: are in Michigan if the financial institution’s customer is in Michigan. If the location of the financial institution’s i. Fees, commissions, or other compensation for financial customer cannot be determined, both of the following apply: services. ii. Net gains, not less than zero, from the sale of loans and ○ Interest, dividends, and other income from investment other intangibles. assets and activities and from trading assets and activities, including, but not limited to, investment iii. Net gains, not less than zero, from trading in stocks, bonds, securities; trading account assets; federal funds; or other securities. securities purchased and sold under agreements iv. Interest charged to customers for carrying debit balances of to resell or repurchase; options; futures contracts; margin accounts. forward contracts; notional principal contracts such v. Interest and dividends received. as swaps; equities; and foreign currency transactions vi. Any other gross proceeds resulting from the operation as a are in Michigan if the average value of the assets is financial institution. assigned to a regular place of business of the taxpayer in Michigan. Interest from federal funds sold and For a UBG that includes financial institutions, gross business purchased and from securities purchased under resale includes gross business in Michigan of every financial agreements and securities sold under repurchase institution included in that UBG without regard to whether the agreements are in Michigan if the average value of financial institution has nexus in Michigan. Gross business the assets is assigned to a regular place of business of between financial institutions included in a UBG must be the taxpayer in Michigan. The amount of receipts and eliminated in calculating the gross business factor. other income from investment assets and activities is Gross business is determined to be in Michigan under in Michigan if assets are assigned to a regular place of extensive guidelines found at MCL 208.1269. These guidelines business of the taxpayer in Michigan. are summarized as follows: ○ The amount of receipts from trading assets and • Receipts from credit card receivables including interest and activities, including, but not limited to, assets and fees or penalties in the nature of interest from credit card activities in the matched book, in the arbitrage book, receivables and receipts from fees charged to credit card and foreign currency transactions, but excluding holders such as annual fees are in Michigan if the billing amounts otherwise sourced in this section, are in address of the credit card holder is located in Michigan. Michigan if the assets are assigned to a regular place of business of the taxpayer in Michigan. • Credit card issuer’s reimbursement fees are in Michigan • Interest charged to customers for carrying debit balances if the billing address of the credit card holder is located in on margin accounts without deduction of any costs incurred Michigan. in carrying the accounts is in Michigan if the customer is • Receipts from merchant discounts are in Michigan if the located in Michigan. commercial domicile of the merchant is in Michigan. • Interest from loans secured by real property is in Michigan • Loan servicing fees are in Michigan under any of the if the property is located in Michigan, if the property is following circumstances: located both within Michigan and one or more other states ○ For a loan secured by real property, if the real property and more than 50 percent of the fair market value of the real for which the loan is secured is in Michigan. property is located in Michigan, and if more than 50 percent ○ For a loan secured by real property, if the real property of the fair market value of the real property is not located for which the loan is secured is located both in within any one state but the borrower is located in Michigan. Michigan and in one or more other states and more than • Interest from loans not secured by real property is in 50 percent of the fair market value of the real property Michigan if the borrower is located in Michigan. is located in Michigan. • Net gains from the sale of loans secured by real property ○ For a loan secured by real property, if more than 50 or mortgage service rights relating to real property are in percent of the fair market value of the real property for Michigan if the property is in Michigan, if the property is which the loan is secured is not located within any one located both within Michigan and one or more other states state but the borrower is located in Michigan. and more than 50 percent of the fair market value of the real property is located in Michigan, or if more than 50 percent ○ For a loan not secured by real property, the borrower is of the fair market value of the real property is not located in located in Michigan. any one state, but the borrower is located in Michigan. • Receipts from services are in Michigan if the recipient of the • Net gains from the sale of loans not secured by real property services receives all of the benefit of the services in Michigan. or any other intangible assets are in Michigan if the If the recipient of the services receives some of the benefit depositor or borrower is located in Michigan. of the services in Michigan, the receipts are included in the numerator of the apportionment factor in proportion to the • Receipts from the lease of real property are in Michigan if extent that the recipient receives benefit of the services in the property is located in Michigan. Michigan. • Receipts from the lease of tangible personal property are in Michigan if the property is located in Michigan when it is • Receipts from investment assets and activities and trading first placed in service by the lessee. assets and activities, including interest and dividends, 13 |
• Receipts from the lease of transportation tangible personal described in Section 3 of the Shared Credit Rating Act, Public property are in Michigan if the property is used in Michigan Act 227 of 1985, MCL 141.1053. or if the extent of use of the property in Michigan cannot Line 14: Under MCL 208.1261(s), United States obligations be determined but the property has its principal base of means all obligations of the United States exempt from taxation operations in Michigan. under 31 USC 3124(a) or exempt under the United States UBGs: Carry amount from Form 4752, line 2C, to line 10a, and constitution or any federal statute, including the obligations the amount from Form 4752, line 3C, to line 10b. of any instrumentality or agency of the United States that are exempt from state or local taxation under the United States PART 1: FRANCHISE TAX constitution or any statute of the United States. The following tax base calculation involves a five-year average of net capital. Enter data from the current tax year and four Line 17a: If this taxpayer owns a subsidiary that is an most recent MBT tax years to complete the five-year table. For authorized insurance company, enter the actual amount of the purposes of this table, treat a partial year as a full year. If the capital fund maintained within that subsidiary. This does not current and four preceding tax periods include any short periods, include a captive insurance company. the years printed in column headings for this part will not apply Line 17b: Enter the minimum capital fund amount required by accurately. For example, a financial institution has a fiscal year regulations for that insurance subsidiary. end of June 30 and its current tax year is a short year ending Line 19: Add line 18, columns A through E. If that amount is September 30, 2020. That financial institution reports the periods less than zero, enter zero. ending September 30, 2020, June 30, 2020, June 30, 2019, June 30, 2018, and June 30, 2017. UBGs: Add the amount on Form 4752, line 24 for all members and report the total here. If that combined number is less than Short periods: For a filing period less than one full year, in lines zero, enter zero. 11 through 14, 17a, and 17b for each of the five columns enter the actual number multiplied by a fraction, the numerator of which Line 20: Divide line 19 by 5; however, if the taxpayer has been is the number of calendar months in the short period, and the in existence for fewer than 5 years. divide by the number of denominator of which is 12. If the short period includes a partial years of the taxpayer’s existence. Number of years in existence calendar month, round down for less than 16 days, and round up should equal the number of columns reported on this form. for more than 15 days. Exception: If the entire short period is less UBGs: Divide line 19 by 5; however, if the taxpayer (UBG) has than 16 days long, count that as one month. been in existence for fewer than 5 years. divide by the number UBGs: Leave lines 11 though 18 blank, complete line 19 with of years of the UBG’s existence. combined data from Form 4752, line 24, and proceed with the Line 27: Enter nonrefundable credits from the MBT rest of the lines on Form 4590. Nonrefundable Credits Summary (Form 4568), line 40. Note Part 1; Lines 11-14, Line 17a and Line 17b: Fiscal Year that these credits have strict eligibility requirements, and only Filers: See “Supplemental Instructions for Fiscal MBT Filers the following are available to a financial institution: — Financial Institutions” in Form 4599. • SBT credit carryforwards (Single Business Tax (SBT) Credit Carryforwards (Form 4569)) Line 11: Enter equity capital as of the last day of the filing period, as computed in accordance with generally accepted • Compensation Credit (claimed on the MBT Credits for accounting principles. If the financial institution does not Compensation, Investment, and Research and Development maintain its books and records in accordance with generally (Form 4570)) accepted accounting principles, net capital must be computed • Renaissance Zone Credit (claimed on the MBT Renaissance in accordance with the books and records used by the financial Zone Credit Schedule (Form 4595)) institution, so long as the method fairly reflects the financial • Individual or Family Development Account Credit (claimed institution’s net capital for purposes of MBT. If the financial on the MBT Miscellaneous Nonrefundable Credits (Form institution owns a subsidiary that is an authorized insurance 4573)) company, the equity capital of the insurance subsidiary is not • Brownfield Redevelopment Credit (calculated on the MBT included in the financial institution’s equity capital. Attach Election of Refund or Carryforward of Credits (Form 4584)) supporting schedules. • Historic Preservation Credit (calculated on Form 4584) UBGs: In completing the combined return, a member of a • Film Infrastructure Credit (as assignee only) unitary business group of financial institutions eliminates its investment in the positive Equity Capital of other members of the Line 29: Recapture of certain credits is entered on MBT same group. Eliminations occur to Equity Capital at the member Schedule of Recapture of Certain Business Tax Credits and level. Because each member of the group must compute the Net Deductions (Form 4587). For a financial institution, these are the Capital tax base in accordance with GAAP, each member should Michigan Economic Growth Authority (MEGA) Employment represent a positive or zero Equity Capital before Eliminations. Tax Credit and Brownfield Redevelopment Credit. If the taxpayer Thus, the resulting unitary return for MBT may not exactly experienced recapture of either of these credits during the filing correlate to the group’s federal returns or consolidated GAAP period, complete Form 4587 and carry the result to this line. equity but will comply with the requirements of the MBT. Line 13: Under MCL 208.1261(k), Michigan obligations means a bond, note, or other obligation issued by a governmental unit 14 |
PART 2: PAYMENTS, REFUNDABLE CREDITS, Estimated Tax (Form 4582) to compute penalty and interest AND TAX DUE due. If a taxpayer chooses not to file this form, Treasury will UBGs: On lines 33 through 39, enter combined data for all compute penalty and interest and bill for payment. (Form 4582 members included on this combined return. is available on the Web at www.michigan.gov/taxes.) Line 33: Enter overpayment credited from prior MBT return. Line 42: Enter the annual return penalty rate in line 42a. Add the overdue tax penalty in line 42b to the overdue tax interest Line 34: Enter total payments made with the MBT Quarterly in line 42c. Enter total in line 42d. Return (Form 4548), the MBT estimates paid with the Combined Return for Michigan Taxes (Form 160) or via Refer to the “Computing Penalty and Interest” section in Form 4599 Electronic Funds Transfer (EFT). Include all payments made to determine the annual return penalty rate and use the “Overdue toward the current filing period. Tax Penalty” and “Overdue Tax Interest” worksheets below. Line 35: Enter the total withholding payments made on your WORKSHEET – OVERDUE TAX PENALTY behalf by flow-through entities (FTEs). Include all withholding payments made on returns that apply to the tax year included A. Tax due from Form 4590, line 40 ........ 00 in this return. Included on this line would be Flow-Through B. Late/extension or insufficient Withholding (FTW) payments made by flow-through entities payment penalty percentage ................ % whose tax years ended with or within the tax year included in C. Multiply line A by line B ..................... 00 this return. For example, consider an FTE partnership with a Carry amount from line C to Form 4590, line 42b. June 30 year end and a taxpayer that has a March 31 year end and is an owner of the FTE. The FTE will make quarterly WORKSHEET – OVERDUE TAX INTEREST FTW payments in April 2014 (for its quarter ending March A. Tax due from Form 4590, line 40 ........ 00 31) and July 2014 (for its quarter ending June 30), and will file B. Applicable daily interest percentage .... % an annual FTW reconciliation return (Form 4918) for its year C. Number of days return was past due ... ending June 30, 2014. Because the FTE’s tax year ends within D. Multiply line B by line C .................... the taxpayer’s 2014-15 fiscal year, all the FTW payments for E. Multiply line A by line D .................... 00 that taxpayer are attributable to the taxpayer’s 2014-15 fiscal Carry amount from line E to Form 4590, line 42c. year, regardless of the dates of the quarterly payments. If an amount is entered on this line, complete the MBT Line 42c: NOTE: If the late period spans more than one Schedule of Flow-Through Withholding (Form 4966) to interest rate period, divide the late period into the number account for the Flow-Through Withholding payments received. of days in each of the interest rate periods identified in the The amount entered on this line must equal the sum of the “Computing Penalty and Interest” section in Form 4599, and combined amount from Form 4966, column E. apply the calculations in the “Overdue Tax Interest” worksheet separately to each portion of the late period. NOTE: Flow-through withholding is repealed effective with FTEs’ tax years beginning after June 30, 2016, under Public Combine these interest subtotals and carry the total to Form Act 158 of 2016. A CIT taxpayer should not have had any tax 4590, line 42c. withheld on its behalf by FTEs with tax years beginning after PART 3: REFUND OR CREDIT FORWARD June 30, 2016. Line 44: If the amount of the overpayment, less any penalty Line 37: Enter refundable credits from the MBT Refundable and interest due on lines 41 and 42d is less than zero, enter the Credits (Form 4574), line 23. difference (as a positive number) on line 43. If the amount is greater than zero, enter on line 44. Only the following are available to a financial institution: • MEGA Employment Tax Credit (claimed on Form 4574) NOTE: If an overpayment exists, a taxpayer must elect a • Historic Preservation Credit (calculated on Form 4584) refund of all or a portion of the amount and/or designate all or • Brownfield Redevelopment Credit (calculated on Form 4584) a portion of the overpayment to be used as an estimate for the next MBT tax year. Complete lines 45 and 46 as applicable. • Film Production Credit (as assignee only) • MEGA Photovoltaic Technology Credit (as assignee only). Line 45: If the taxpayer anticipates an MBT liability in the filing period subsequent to this return, some or all of any Amended Returns Only: overpayment from line 44 may be credited forward to the next Line 39a: Enter payment made with original return. tax year as an estimated payment. Enter the desired amount to Line 39b: Enter overpayment calculated on the original use as an estimate for the next MBT of Corporate Income Tax return (regardless of whether it was refunded or (CIT) tax year, whichever is applicable. applied as a credit forward) Reminder: Taxpayers must sign and date returns. Tax Line 39c: Add lines 38 and 39a and subtract line 39b from preparers must provide a Preparer Taxpayer Identification the sum. Number (PTIN), FEIN or Social Security number (SSN), a Line 41: If penalty and interest are owed for not filing business name, and a business address and phone number. estimated returns or for underestimating tax, complete the MBT Penalty and Interest Computation for Underpaid 15 |
Other Supporting Forms and Schedules Federal Forms: Attach copies of these forms to the return. • Corporations: U.S. Form 1120 (pages 1 through 4), Schedule D, Form 851, Form 4562, and Form 4797. If filing as part of a consolidated federal return, attach a pro forma or consolidated schedule. • S Corporations: U.S. Form 1120-S (pages 1 through 4)*, Schedule D, Form 851, Form 4562, Form 4797, and Form 8825. • Fiduciaries: U.S. Form 1041 (pages 1 through 2), Schedule D, and Form 4797. • Limited Liability Companies: Attach appropriate schedules shown above based on federal return filed. * Do not send copies of K-1s. Treasury will request them if necessary. 16 |
Michigan Department of Treasury 4752 (Rev. 04-21), Page 1 of 4 Attachment 25 2021 MICHIGAN Business Tax Unitary Business Group Combined Filing Schedule for Financial Institutions 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 1: 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 PART 2A: APPORTIONMENT DATA FOR COMBINED RETURN If more than one page is needed to complete Part 1, duplicate answers on lines 2 and 3 on all copies of this page. A B C Combined Total Combined Total Before Eliminations Eliminations After Eliminations 2. Michigan Gross Business. Carry 2C to Form 4590, line 10a ....... 3. Total Gross Business. Carry 3C to Form 4590, line 10b ........... + 0000 2021 85 01 27 8 Continue on Page 2. |
2021 Form 4752, Page 2 of 4 Designated Member FEIN or TR Number PART 2B: MEMBER DATA FOR COMBINED RETURN Complete a separate copy of Part 2B for each UBG member listed in Part 1. Add the amount on line 24 for all members and carry the total to Form 4590, line 19. See instructions for additional guidance on completing Form 4752 and Form 4590. 4. Member Name 7. Organization Type 5. Member FEIN or TR Number Fiduciary S Corporation / LLC S Corporation 6. Member Address (Street) C Corporation / Partnership / LLC C Corporation LLC Partnership City State ZIP/Postal Code Beginning Ending 8. Federal Tax Period Included in 12. Check if Nexus with Michigan Return (MM-DD-YYYY) ........................ 9. If part year member, enter 13. Check if Registered for MBT membership dates (MM-DD-YYYY) ..... 10. NAICS Code 11. If discontinued, effective date 14. Check if New Member 15. Nature of business activities or operations resulting in a flow of value between members, or integration, dependence or contribution to other members FRANCHISE TAX BASE — Lines 16 and 18-20: If less than zero, enter zero. A B C D E 2017 2018 2019 2020 2021 16. Equity Capital ...................... 16. 17. Eliminations (enter as a positive number) .................. 17. 18. Goodwill ............................... 18. 19. Average daily book value of Michigan obligations ........ 19. 20. Average daily book value of U.S. obligations ............... 20. 21. Subtract lines 17, 18, 19, and 20 from line 16 .............. 21. 22. a. Authorized insurance co. subsidiary: enter actual capital fund amount ........ 22a. b. Minimum regulatory amount required ............ 22b. c. Multiply line 22b by 125% (1.25) ................... 22c. d. Subtract line 22c from 22a. If less than zero, enter zero ...................... 22d. 23. Add lines 21 and 22d .......... 23. 24. Add lines 23A, 23B, 23C, 23D and 23E ................................................................................................................. 24. 00 25. Net Capital for Current Taxable Year. Divide line 24 by number of tax years reported above ................................ 25. 00 + 0000 2021 85 02 27 6 Continue on Page 3. |
2021 Form 4752, Page 3 of 4 Designated Member FEIN or TR Number Member FEIN or TR Number CREDIT CARRYFORWARDS AND PAYMENTS. See instructions 26. There is no amount to be entered on this line. Skip to line 28................................................................................ 26. X X X X X X X X 00 27. There is no amount to be entered on this line. Skip to line 28................................................................................ 27. X X X X X X X X 00 28. Unused MBT Basic/Enhanced Historic Preservation Credit carryforward .............................................................. 28. 00 29. Unused MBT Special Consideration Historic Preservation Credit carryforward ..................................................... 29. 00 30. Unused MBT Individual or Family Development Credit carryforward ..................................................................... 30. 00 31. Unused MBT Brownfield Redevelopment Credit carryforward ............................................................................... 31. 00 32. Unused MBT Film Infrastructure Credit carryforward ............................................................................................. 32. 00 33. Overpayment credited from prior MBT return ......................................................................................................... 33. 00 34. Estimated tax payments ......................................................................................................................................... 34. 00 35. There is no amount to be entered on this line. Skip to line 36................................................................................ 35. X X X X X X X X 00 36. Tax paid with request for extension ........................................................................................................................ 36. 00 + 0000 2021 85 03 27 4 Continue on Page 4. |
2021 Form 4752, Page 4 of 4 Designated Member FEIN or TR Number PART 3: AFFILIATES EXCLUDED FROM THE COMBINED RETURN OF FINANCIAL INSTITUTIONS List every person (with or without nexus) for which the “greater than 50 percent” ownership test of a Michigan Unitary Business Group is satisfied, which is not included on the combined return of financial institutions 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. 9. Standard taxpayers not owned by a financial institution. (Financial 4. Foreign entity. institutions and standard taxpayers generally are not included on 5. Member has no MBT tax year (as a member of this UBG) ending the same combined return.) with or within this filing period. 37. 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 in the immediately preceding combined return of this Designated Member that are not included 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 for a list of reason codes. 38. A B C Name FEIN or TR Number Reason This Person Is Not on Current Return + 0000 2021 85 04 27 2 |
Instructions for Form 4752 Michigan Business Tax (MBT) Unitary Business Group Combined Filing Schedule for Financial Institutions functional integration include common programs or systems Purpose and shared information or property. Examples of centralized The purpose of this form is to: management include common management or directors, shared staff functions, and business decisions made for the UBG rather • Identify all members of a Unitary Business Group (UBG) than separately by each member. Examples of economies of scale • Gather tax return data for each member included in the include centralized business functions and pooled benefits or financial institution’s combined return on a separate basis, insurance. Groups that commonly exhibit a flow of value include make appropriate eliminations, and determine combined UBG vertically or horizontally integrated businesses, conglomerates, data for the tax return. parent companies with their wholly owned subsidiaries, and NOTE: This is not the primary return. It is designed to support entities in the same general line of business. Flow of value must be the MBT Annual Return for Financial Institutions (Form 4590) more than the mere flow of funds arising out of passive investment. submitted on behalf of the UBG by the Designated Member Businesses are integrated with, are dependent upon, or (DM). Even if there is only one financial institution member contribute to each other under many of the same circumstances represented on the return for the tax year, that member must that establish flow of value. However, this alternate relationship file this form in support of its Form 4590. test is also commonly satisfied when one entity finances NOTE: Beginning January 1, 2012, only those taxpayers with the operations of another or when there exist intercompany a certificated credit, which is awarded but not yet fully claimed transactions, including financing. or utilized, may elect to be MBT taxpayers. If a taxpayer files For more information on the control and relationship tests an MBT return and claims a certificated credit, the taxpayer for UBGs, see Revenue Administrative Bulletin (RAB) makes the election to file and pay under the MBT until the 2010-1, MBT—Unitary Business Group Control Test, and certificated credit and any carryforward of that credit are RAB 2010-2, MBT—Unitary Business Group Relationship exhausted. If a member of a UBG holds a certificated credit Tests, on the Department of Treasury (Treasury) Web site at and wishes to remain taxable under the MBT, the group and www.michigan.gov/treasury/ and select “Reports & Legal not the member must make the election. The election should be Resources.” made by the DM; however, the Department will treat a filing by one member of the group claiming a certificated credit as if the Filing Procedures for UBGs election was made by the entire group. Fiscal Year Filers: See “Supplemental Instructions for Fiscal By definition, a UBG can include standard taxpayers, MBT Filers — Financial Institutions” in the MBT Forms and insurance companies, and financial institutions. Note that an Instructions for Financial Institutions (Form 4599). entity that would otherwise be standard but is owned by and unitary with a financial institution is defined by statute to be a General Information About UBGs in MBT financial institution. In some cases, however, not all members of the UBG will be included on the same return. Financial Unitary Business Group means a group of United States institution members file a combined return on Form 4590, persons, other than a foreign operating entity, that satisfies the with Form 4752 filed in support. control test and relationship test. Form 4752 is used to gather and combine data from each United States person is defined in Internal Revenue Code (IRC) financial institution member of the UBG to support the group’s § 7701(a)(30). A foreign operating entity is defined by statute in Form 4590 and related forms. This form must be completed Michigan Compiled Laws (MCL) 208.1109(5). before the group’s Form 4590 and related forms are completed. Control Test. The control test is satisfied when one person If this UBG also includes standard and/or insurance company owns or controls, directly or indirectly, more than 50 percent members, those members will not report tax data on this form, of the ownership interest with voting or comparable rights of but will be listed as excluded affiliates in Part 3. the other person or persons. A person owns or controls more Standard members will combine and report their data using MBT than 50 percent of the ownership interest with voting rights Unitary Business Group Combined Filing Schedule for Standard or ownership interest that confer comparable rights to voting Members (Form 4580) and MBT Annual Return (Form 4567). rights of another person if that person owns or controls: Financial institutions include any of the following: • More than 50 percent of the total combined voting power of all ownership interests with voting (or comparable) rights, or ○ A bank holding company, a national bank, a state chartered bank, an office of thrift supervision chartered • More than 50 percent of the total value of all ownership bank or thrift institution, or a savings and loan holding interests with voting (or comparable) rights. company other than a diversified savings and loan holding Relationship Tests. Flow of value is established when members company as defined in 12 United States Code (USC) of the group demonstrate one or more of functional integration, 1467a(a)(1)(F), or a federally chartered Farm Credit System centralized management, and economies of scale. Examples of institution. 21 |
○ Any person, other than a person subject to the tax institution member that owns or controls the other financial imposed under Chapter 2A of the MBT Act (Insurance institution members has nexus with Michigan, that controlling Companies), that is directly or indirectly owned by an member must serve as DM. entity described above and is a member of the UBG. If that controlling member does not have nexus with Michigan, ○ A UBG of entities described in either or both of the it may appoint any financial institution member of the UBG preceding two bullets. with nexus to serve as DM. That DM must continue to serve Each insurance company member will file separately, using as such every year, unless it ceases to be a UBG member or the Insurance Company Annual Return for Michigan Business and controlling member attains Michigan nexus. Retaliatory Taxes (Form 4588). Because insurance companies If a UBG is comprised of both standard members (not owned always file separately, rather than on a combined return, there by and unitary with a financial institution in the UBG) and is no MBT insurance form that serves a function similar to that financial institutions, the UBG will have two DMs (one for the of Forms 4580 and 4752. standard members completing Form 4567 and related forms, and one for the financial institution members completing Form Example A: UBG A is composed of the following: 4590 and related forms). • Four standard members The DM files the MBT return Role of the Designated Member: • Three financial institutions (all with nexus in Michigan) on behalf of the UBG for MBT purposes. Only the DM may • Two insurance companies. file a valid extension request for the UBG. Treasury maintains the UBG’s MBT tax data (e.g., prior MBT returns, business All members of UBG A are owned by and unitary with one loss carryforward, tax credit carryforward, overpayment credit of the standard members of the UBG. UBG A will need to forward) under the DM’s name and account number. file Form 4580 and Form 4567 containing the four standard members and Form 4752 and Form 4590 containing the three financial institutions. In Part 1 of each form, only Line-by-Line Instructions the members that are included on that form (either the four Lines not listed are explained on the form. standard members, or the three financial institutions) will be listed. Form 4580 with standard members will be filed Dates must be entered in MM-DD-YYYY format. under the name and Federal Employer Identification Number For additional guidance, see the “Supplemental Instructions for (FEIN) of the group’s standard DM. One of the financial Standard Members in UBGs” in Form 4599. institutions will serve as DM for those three members and file Form 4752 and Form 4590. On Part 3 of Form 4580, list Part 1: Unitary Business Group Members all financial and insurance members. On Part 3 of Form In Part 1, list only those members of the UBG that are 4752, list all standard and insurance members. The two included on the annual return that is supported by this copy insurance companies each will file a stand-alone Form 4588. of this form. If more than 16 members, include additional 4752 forms as needed, repeating the DM’s name and FEIN Example B: UBG B is composed of the following: or Michigan Treasury (TR) assigned number in the field at • Four members that would be standard (see below) the top of each page. All excluded UBG members will be unless owned by a financial institution identified in Part 3. • Three financial institutions (all with nexus in Michigan) Lines 1A and 1B: Beginning with the DM, list the UBG • Two insurance companies. financial institution members and their corresponding FEIN or TR Number. All members of UBG B are owned by and unitary with one of the financial institutions in the UBG. Due to this NOTE: A taxpayer that is a UBG must file a combined return ownership by a financial institution, the four members that using the tax year of the DM. The combined return of the UBG otherwise would be standard are defined by statute to be must include each tax year of each member whose tax year financial institutions. (See definition of financial institution ends with or within the tax year of the DM. For earlier in these instructions.) Therefore, this UBG will example, Taxpayer ABC is a UBG comprised of three financial not file a Form 4580 or 4567. Seven members will file a institutions: Member A, the DM with a calendar tax year, and combined return on Form 4590 and 4752, listing the two Members B and C with fiscal years ending March 31, 2019, insurance members as excluded affiliates on Part 3 of Form 4752. The two insurance companies each will file a stand- and September 30, 2019, respectively. Taxpayer ABC’s tax alone Form 4588. year is that of its DM. Thus, Taxpayer ABC’s tax year ends December 31, 2019, and its annual return is due April 30, 2020. To complete this form and prepare a combined return, the UBG That annual return must include the tax years of Members B must select a DM. For purposes of a combined return filed by and C ending March 31, 2019, and September 30, 2019. financial institution members of a UBG, Designated Member If, in the previous example, Member A, the DM, instead had a means a financial institution member that has nexus with fiscal year ending July 31, 2020, the UBG’s tax year would end Michigan and that will file the combined MBT return on behalf July 31, 2020, and its annual return would be due November 30, of all financial institution members of the UBG. If the financial 22 |
2020. The combined return for the UBG would include federal tax year during which both tests were satisfied. These dates constitute a short tax period for MBT purposes, even Member A’s tax year of August 1, 2019 through July 31, 2020, if there is no corresponding short federal tax period. This Member B’s tax year of April 1, 2019 through March 31, member must prepare a pro forma federal return calculation for 2020 and Member C’s tax year of October 1, 2018 through the portion of its federal year during which it was a member of September 30, 2019. this UBG, and use that pro forma calculation as the basis for Part 2A: Apportionment Data for Combined Return reporting the tax data required by Part 2B. When completing Part 1, if multiple copies of this page are Line 10: Enter the taxpayer’s six-digit North American Industry required, provide the same answers to Part 2A, lines 2 and 3, Classification System (NAICS) code. For a complete list of six- on each copy of this page that is submitted. digit NAICS codes, see the U.S. Census Bureau Web site at Line 2: Gross business is defined in the instructions to www.census.gov/eos/www/naics/, or enter the same NAICS Form 4590, line 10a. On a combined return, gross business is code used when filing U.S. Form 1120S, U.S. Form 1065, calculated after eliminating transactions between financial Schedule C of U.S. Form 1040, or Schedule K of U.S. Form 1120. institution members of the UBG. Enter combined gross Line 11: Enter the date, if applicable, on which this member business in Michigan of all financial institution members went out of existence. Examples include dissolution of an entity on line 2A, show eliminations on line 2B, and show net after and a merger in which this member was not the surviving eliminations on line 2C. entity. Include any event in which the FEIN ceases to be used Carry amount from line 2C to line 10a on Form 4590. by this entity. If this member continues to exist, DO NOT use this column to report that this member has stopped doing Line 3: Enter all gross business everywhere on line 3A, show business in Michigan. eliminations on line 3B, and show net after eliminations on line 3C. Line 12: If this member has nexus with Michigan, Carry amount from line 3C to line 10b on Form 4590. check this box. Guidance in determining nexus can be Part 2B: Member Data for Combined Return found in RABs 2007-6 and 2008-4, available online at www.michigan.gov/taxes. (Click on the “Reference Library” In all cases with one or more financial institutions in a UBG, link at left side of that Web page.) complete one copy of Part 2B for each financial institution in the UBG whose net capital is reported on this return. Note that an Line 14: This line does not apply to the first MBT return filed entity that would otherwise be a standard member but is owned by this UBG. For subsequent tax periods, check this box if this by and unitary with a financial institution is defined by statute to member was not included in the UBG’s preceding MBT return. be a financial institution. If a financial institution member (other Line 15: Enter a concise description of the activities or than the DM) has two or more federal tax periods ending with or operations of this member that result in a flow of value within the filing period of this return, use a separate copy of Part between this member and others in the UBG, or integration, 2B for each of that member’s federal periods. dependence, or contribution to other members. This is Line 7: Identify the organization type of this member: not limited to transactions that are recognized for tax or accounting purposes. It may include sharing of assets, • Fiduciary (a decedent’s estate, and a Trust taxed federally employees, data, business opportunities, or other resources. as a Trust under Subchapter J of the IRC. A grantor Trust or (See RAB 2010-2.) “revocable living Trust” established by an Individual is not taxed as a separate entity, and is not within this Fiduciary Line 16: Enter equity capital as of the last day of the filing category.); period, as computed in accordance with generally accepted • C Corporation (including an LLC, Trust, or other entity accounting principles. If the member does not maintain its taxed federally as a Corporation under Subchapter C of the books and records in accordance with generally accepted IRC). accounting principles, net capital must be computed in • S Corporation (including an LLC, Trust, or other entity taxed accordance with the books and records used by the member, so federally as a Corporation under Subchapter S of the IRC). long as the method fairly reflects the member’s net capital for purposes of this tax. • Partnership (including an LP, LLP, LLC, Trust, or any other entity taxed federally as a Partnership). NOTE: In completing the combined return, a member of a unitary business group of financial institutions eliminates its NOTE: A person that is a disregarded entity for federal tax investment in the positive Equity Capital of other members purposes, including a single member LLC or Q-Sub, must file of the same group. Eliminations occur to Equity Capital at as if it were a sole proprietorship if owned by an individual, or the member level. Because each member of the group must a branch or division if owned by another business entity. compute the Net Capital tax base in accordance with GAAP, Line 8: List the member’s tax year, for federal income tax each member should represent a positive or zero Equity Capital purposes, from which business activity is being reported on before Eliminations. Thus, the resulting unitary return for this copy of Part 2B. MBT may not exactly correlate to the group’s federal returns or consolidated GAAP equity but will comply with the Line 9: If the control test and relationship test were not both requirements of the MBT. satisfied for this member’s entire federal tax year, enter the beginning and ending dates of the period within this member’s Line 17: In completing the combined return, a member of a 23 |
unitary business group of financial institutions eliminates its See the “Supplemental Instructions for Standard Members investment in the positive Equity Capital of other members of the in UBGs” in Form 4599 for information on the effects of same group. Eliminations occur to Equity Capital at the member members leaving or joining a UBG on credit carryforwards. level. Enter on this line the member’s investment in the positive Equity Capital of other members of the same group. TOTALING MEMBER INFORMATION Line 19: Under MCL 208.1261(k), Michigan obligations means a bond, note, or other obligation issued by a Member information for lines 26-32 from Form 4752 are governmental unit described in Section 3 of the Shared Credit totaled and carried to other forms in the MBT return. The Rating Act, PA 227 of 1985, MCL 141.1053. table below matches the lines of Form 4752 on the left with the corresponding lines on the right. Line 20: Under MCL 208.1261(s), United States obligations means all obligations of the United States exempt from taxation Sum of Amounts under 31 USC 3124(a) or exempt under the United States Lines from Reported Hwere for All constitution or any federal statute, including the obligations of any instrumentality or agency of the United States that are Form 4752 Members are Carried To exempt from state or local taxation under the United States Line 28 Form 4584, line 4 constitution or any statute of the United States. Line 29 Form 4584, line 7 Line 22a: If the UBG member reporting on this page owns a subsidiary that is an authorized insurance company, Line 30 Form 4573, line 45 enter actual amount of capital fund maintained within that subsidiary. Line 31 Form 4584, line 40 Line 22b: Enter the minimum capital fund amount required by Line 32 Form 4573, line 70 regulations for that insurance subsidiary. Line 24: UBGs: Add the amount on on this line for all members and carry that total to Form 4590, line 19. If that Line 33: Enter overpayment credited from prior MBT return. combined number is less than zero, enter zero. When membership of a UBG changes from one filing period to Line 25: Do not carry this line to Form 4590. Skip lines 11 the next, carryforward of an overpayment from the prior return through 19 on Form 4590. remains with the DM’s account. Lines 26-32: These lines are for reporting each member’s Line 34: All MBT estimated payments for a UBG should credit carryforwards remaining from a previous year. If the be made by the DM. Enter estimates paid by the DM on group created a credit carryforward in a preceding tax period, this line of the DM’s copy of Part 2B. If any other member Treasury will have maintained that carryforward on the DM’s paid estimates attributable to this group return, enter those account. Enter unused carryforwards of this type on the DM’s estimates on that member’s copy of Part 2B. Include all copy of Part 2B. payments made by that member for any portion of its federal filing period that is included on this group return. If a member created a credit carryforward prior to joining the UBG, Treasury will maintain that carryforward on that For example, if a non-DM member has a 12-month fiscal year member’s account, subject to use by the group, until it is fully beginning April 1, 2012, and is a member of a calendar year consumed or that member leaves the group. Enter unused credit UBG throughout that period, its business activity from April carryforwards of this type on the copy of Part 2B filed for the 1, 2012, through March 31, 2013, will be reported on the member that brought the carryforward to the group. group’s December 31, 2013, return. If that member pays MBT Available credit carryforwards, regardless of whether they quarterly estimates based on its federal tax year, it will make arose within the group or outside of it, are applied against two estimates during 2012, before the DM’s (and group’s) filing the UBG’s tax liability on the basis of age (oldest first). If period begins. Because those estimates are attributable to two members each created a carryforward of the same credit activity that will be reported on the group’s December 31, 2013, and the same age, and together they exceed the amount return, they should be included on the paying member’s copy of allowable in this filing period, those members’ respective Part 2B for the December 31, 2013, group return. credit carryforwards are used in proportion to the amount Line 36: Only the DM may request a filing extension for a UBG. they contributed to the group. If a member that generated a If any other member submits an extension request, it will not carryforward in a prior period leaves the group, that member create a valid extension for the UBG, but any payment included will take with it an amount equal to the group’s remaining with such a request can be credited to the UBG by entering that carryforward from that period multiplied by the amount that payment on this line in that member’s copy of Part 2B. member contributed relative to the total amount contributed by all group members for the same credit in that same period. Part 3: Affiliates Excluded From the Combined Return of Financial Institutions NOTE: It is important to review a carryforward for the The statutory test for membership in a UBG is a group of U.S. possibility that some or all of it has expired, or that some or all of it was withdrawn from the group by a departing member. 24 |
persons (other than a foreign operating entity): UBG for a given tax year, that member must file this form in support of its Form 4752 and list all excluded members using • One of which owns or controls, directly or indirectly, more the reason codes below. than 50 percent of the ownership interest with voting rights or ownership interests that confer comparable rights to Part 4: Persons Included in the Prior Combined voting rights of the other U.S. persons; and Return, but Excluded From Current Return • That has business activities or operations which result in a The purpose of Part 4 is to assist Treasury in tracking flow of value between or among persons included in the UBG membership changes of a UBG from year to year. If the reason or has business activities or operations that are integrated the person is not on this return is because it did not satisfy the with, are dependent upon, or contribute to each other. Flow flow of value, etc., test at any time during the filing period, list of value is determined by reviewing the totality of facts and the person on line 36, and do not enter it here. circumstances of business activities and operations. Line 38C: Reason codes for a person being included in last A person that would be a standard taxpayer if viewed year’s return but not on the combined return for financial separately is defined as a financial institution if it is owned, institutions supported by this form: directly or indirectly, by a financial institution and is in a UBG with its owner. 10 The member no longer meets the control test but the The purpose of Part 3 is to identify entities for which the ownership interest is still greater than zero. ownership test described above is satisfied but which are not 12 The member no longer meets the control test and the included on this combined return, either because the flow of ownership interest is zero. value/integration/dependence/contribution test is not satisfied 14 Before the beginning of the filing period for this return, or because the member is excluded by statute. A member the person ceased to exist due to dissolution. whose net capital is not included in this return because its tax year ends after the filing period of the UBG also should be 16 Before the beginning of the filing period for this return, listed here. the person ceased to exist due to a merger or similar combination. Line 37A: If a person being listed here is listed on U.S. Form 851, enter the identifying number for that person If the reason is not listed among these reason codes, describe that is called “Corp. No.” at the left edge of pages 1, 2, and 3 of the reason in 21 characters or less in the space provided. U.S. Form 851. Line 37D: Reason codes for affiliate being excluded from Other Supporting Forms and Schedules the combined return of financial institutions supported by this For each member that files a separate federal return, attach form. copies of the same pages of that member’s federal return as are 1 Lacks business activities resulting in a flow of value or required for a separate filer in similar circumstances. See the integration, dependence, or contribution to group. “Attachments” section of Form 4590 instructions for guidance on required pages of federal returns. 2 Foreign operating entity. 4 Foreign entity. If some or all members reporting on the current combined return are also members of a federal consolidated group, each 5 Member has no MBT tax year (as a member of this member will prepare its portion of this Form 4752 on the basis UBG) ending with or within this filing period. of a pro forma federal return. In this case, attach a copy of 6 Other. the applicable pro forma form and schedules as listed in the 7 Insurance company. (Insurance companies generally file “Attachments” section of Form 4590 instructions. separately.) NOTE: A qualified federally disregarded entity that is 9 “Standard” taxpayers not owned by a financial eligible to and does file its MBT return as a separate entity institution. (Financial institutions and “standard” from its owner will prepare its MBT return on the basis of a taxpayers are not included on the same combined return.) pro forma federal return or equivalent schedule, using the If you have questions, call the Michigan Department of same federal return type as its owner. The owner of the Treasury Technical Services Section at 517-636-4230, to federally disregarded entity also will use a pro forma federal discuss an appropriate entry. return (with activity of the disregarded entity removed) to prepare its portion of this form. In each case, attach a copy Line 37E: If this person has nexus with Michigan, check this box. of the applicable pro forma return and schedules as listed in Line 37F: Enter this person’s six-digit NAICS code. For a the “Attachments” section of Form 4590 instructions. For complete list of six-digit NAICS codes, see the U.S. Census additional information, see “Changes for Disregarded Entities” Bureau Web site at www.census.gov/eos/www/naics/, or enter in the “Important Information” section of the MBT Forms and the same NAICS code used when filing U.S. Form 1120S, U.S. Instructions for Financial Institutions (Form 4599). Form 1065, Schedule C of U.S. Form 1040, or Schedule K of Include completed Form 4752 as part of the tax return filing. U.S. Form 1120. NOTE: If there is only one financial institution member in a 25 |
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Michigan Department of Treasury Attachment 28 4975 (Rev. 04-21) 2021 MICHIGAN Schedule of Corporate Income Tax Liability for a Michigan Business Tax Financial 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: CIT TAX BEFORE CREDITS — Unitary Business Groups, see instructions. There is no amount to be entered on lines 1 through 4. Skip to line 5. 1. There is no amount to be entered ........ 1. X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 2. There is no amount to be entered ................. 2. X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 3. There is no amount to be entered ........ 3. X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 4. There is no amount to be entered on this line. Skip to line 5.............................................................................. 4. X X X X X X X X 00 5. Tax Base (Net Capital for Current Taxable Year) as detailed in instructions ...................................................... 5. 00 6. Apportioned Tax base. Multiply line 5 by percentage on Form 4590, line 10c ................................................... 6. 00 7. Tax Liability. Multiply line 6 by 0.29% (0.0029) ................................................................................................... 7. 00 PART 2: CREDITS 8. Certificated Nonrefundable Credits from Form 4947, line 11 ............................................................................. 8. 00 9. Subtract line 8 from line 7. If less than zero, enter zero ..................................................................................... 9. 00 10. Recapture from Form 4947, line 28 .................................................................................................................... 10. 00 11. CIT Liability before Certificated Refundable credits. Add lines 9 and 10 ............................................................ 11. 00 12. Certificated Refundable credits from Form 4947, line 39 ................................................................................... 12. 00 13. Subtract line 12 from line 11. If less than zero, enter as a negative number. (A negative number here represents an overpayment.) ..................................................................................... 13. 00 PART 3: MBT CALCULATION TO COMPARE AGAINST CIT FOR FINANCIAL FILERS 14. Total MBT liability from Form 4590, line 30 ........................................................................................................ 14. 00 15. Refundable credits from Form 4590, line 37 ...................................................................................................... 15. 00 16. MBT liability after refundable credits. Subtract line 15 from line 14. If less than zero, enter as a negative number. (A negative number here represents an overpayment) ........................................................................ 16. 00 17. If line 13 is greater than line 16 enter the difference. If line 16 is greater than or equal to line 13, enter zero. Carry to Form 4590, line 31 ................................................................................................................................ 17. 00 + 0000 2021 64 01 27 2 |
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Instructions for Form 4975 Schedule of Corporate Income Tax (CIT) Liability for a Michigan Business Tax (MBT) Financial Filer Restrictions for MBT Filers Part 1: CIT Before Credits IF THE EQUITY CAPITAL OF AN MBT FILER Beginning January 1, 2012, only those taxpayers with a REPORTED ON FORM 4590, LINE 11, IS THE SAME certificated credit, which is awarded but not yet fully claimed AS WHAT THE TAXPAYER REPORTED ON THE or utilized, may elect to be MBT taxpayers. FFIEC FILING Purpose Line 1-4: There is no amount to be entered on these lines. Skip To calculate the CIT liability for a financial institution filing to line 5.Carry the amounts from Form 4590, line 18, columns A under MBT and compare that calculation to the MBT liability though E, to Form 4975, line 1, columns A through E. as calculated on the MBT Annual Return for Financial Line 2: Enter the amount taken as a subtraction for Goodwill Institutions (Form 4590) to determine the greater of the two from Form 4590, line 12, columns A through E. This amount calculated tax liabilities. must be added back to Net Capital to determine CIT liability because the Goodwill deduction is not permitted under that tax. Effect of Public Act 460 of 2018 Line 3: Add lines 1 and 2 in each column. Effective with tax years beginning in 2019, PA 460 of 2018 alters the definition of equity capital for a financial institution Line 4: Add lines 3A, 3B, 3C, 3D, 3E. If less than zero, enter for a Corporate Income Tax (CIT) filer. As a result, a Michigan zero here and on line 7, skip to line 7. Business Tax filer may need to complete worksheets attached Line 5: Divide line 4 by the number of tax periods reported in to these instructions before completing Form 4975. the table and enter here. In the CIT, total equity capital is the amount reported by the financial instituion, or in the case of a Unitary Business Group IF THE EQUITY CAPITAL REPORTED IN MBT IS (UBG) of financial instituions, the top-tiered parent entity, on DIFFERENT THAN THE AMOUNT REPORTED ON certain regulatory forms designated by the Federal Financial THE FFIEC FILING: Institutions Examination Council (FFIEC) and filed with First, complete the “Michigan Business Tax Financial the office of the comptroller of currency, the Federal Deposit Institution Worksheet A” in these instructions and include it in Insurance Corporation (FDIC), or the Federal Reserve System. the return. The definition of equity capital in MBT is not affected by PA Line 1: Carry the amounts from Worksheet A, line 7, columns 460 of 2018. A through E, to Form 4975, line 1, columns A through E. These instructions provide guidance for the following: Line 2: Enter zero on line 2, columns A through E, and • If the equity capital of an MBT filer reported on Form 4590, continue to line 3. line 11, is the same as what the taxpayer reported on the FFIEC Line 3: Line 3: Add lines 1 and 2 in each column. filing. Line 4: Add lines 3A, 3B, 3C, 3D, 3E. If less than zero, enter • If the equity capital reported in MBT is different than the zero here and on line 7, skip to line 7. amount report on the FFIEC filing. • For a UBG: If the equity capital of an MBT filer reported on Line 5: Divide line 4 by the number of tax periods reported in Form 4590, line 11, is the same as what the taxpayer reported the table and enter here. on the FFIEC filing. • For a UBG: If the equity capital reported in MBT is UBGs : IF THE EQUITY CAPITAL OF AN MBT FILER different than the amount report on the FFIEC filing. REPORTED ON FORM 4590, LINE 11, IS THE SAME AS WHAT THE TAXPAYER REPORTED ON THE The following section provides guidance for all four types of FFIEC FILING: taxpayers when completing line 1 through line 5. Leave lines 1 through 3 blank. Line-by-Line Instructions Line 4: Complete with combined data from the UBG Lines not listed are explained on the form. Combined Filing Schedule for Financial Institutions (Form 4752) as follows (retain a copy of all calculations for your Enter the taxpayer’s name and Federal Employer Identification records): Number (FEIN) in the appropriate fields. • For each member, using amounts reported on Form 4752: UBGs: In the Name field, enter the name of the DM for ○ Add back Goodwill from line 18, columns A-E, to line the financial institutions. Enter the FEIN for the DM of the 23, columns A-E. financial group. ○ Add the sums from each column. • Add the totals of each member and carry to Form 4975, line 4. 29 |
Line 5: Divide line 4 by the number of tax periods reported by the number of tax periods reported in the table and enter here. UBGs : IF THE EQUITY CAPITAL REPORTED IN MBT BY A UBG FILER IS DIFFERENT THAN THE AMOUNT REPORT ON THE FFIEC FILING. First, complete a “Michigan Business Tax Financial Institution Worksheet B” for each member whose equity is included in the FFIEC report. The totals from each member will be used to complete the “Michigan Business Tax Financial Institution Worksheet A.” See the worksheet instructions for guidance. Line 1: Carry the amounts from Worksheet A, line 7, columns A through E, to Form 4975, line 1. columns A-E. Line 2: Enter zero on line 2, columns A through E, and continue to line 3. Line 3: Add lines 1 and 2 in each column. Line 4: Add lines 3A, 3B, 3C, 3D, 3E. If less than zero, enter zero here and on line 7, skip to line 7. Line 5: Divide line 4 by the number of tax periods reported in the table and enter here. Part 2: Credits Line 8: Enter certificated nonrefundable credit from Form 4947, line 11. Line 10: Enter total recapture of Certain Business Tax Credits from Form 4947, line 28. Line 12: Enter certificated refundable credits from Form 4947, line 39. Line 13: Subtract line 12 from line 11. If less than zero, enter as a negative number. This is the CIT liability after certificated refundable credits. A negative number here represents an overpayment. Carry this amount to line 17 of this form. Part 3: MBT Calculation to Compare Against CIT for Financial Filers Line 14: Enter the total MBT liability from Form 4590, line 30. Line 15: Enter the total refundable credits from Form 4590, line 37. Line 16: Subtract line 15 from line 14. If less than zero, enter as a negative number. This is the MBT liability after refundable credits. A negative number here represents an overpayment. Line 17: If line 13 is greater than line 16 enter the difference. If line 16 is greater than or equal to line 13, enter zero. Carry this amount to form 4590, line 31. This amount will be added to the MBT Liability to determine Total Tax Liability on Form 4590. Include completed Form 4975 as part of the tax return filing. 30 |
Michigan Department of Treasury MBT Financial Worksheet A (Rev. 04-21) 2021 Michigan Business Tax Financial Institution Worksheet A Include a copy of Worksheet A with your MBT Return. If the taxpayer is a Unitary Business Group, also complete and include the “Michigan Business Tax Financial Institution Worksheet B.” Taxpayer Name or Designated Member (DM) if a UBG Federal Employer Identification Number (FEIN) Top-tiered parent entity filing the Federal Financial Institutions Examination Council (FFIEC) report Top-tiered parent entity FEIN NOTE for lines 1-3: If less than zero, enter zero. 1. Total Equity Capital. If less than zero, enter zero .............................................................................................. 1. 00 2. Average daily book value of Michigan obligations. If less than zero, enter zero ............................................... 2. 00 3. Average daily book value of U.S. obligations ......................................................................................................... 3. 00 4. Subtotal. Add lines 2 and 3 ................................................................................................................................ 4. 00 5. (Net Capital) Subtract line 4 from line 1............................................................................................................. 5. 00 6. a. Authorized insurance company subsidiary: enter actual capital fund amount ................................................ 6a. 00 b. Minimum regulatory amount required ............................................................................................................. 6b. 00 c. Multiply line 6b by 125% (1.25) ...................................................................................................................... 6c. 00 d. Enter the lesser of line 6a or line 6c ............................................................................................................... 6d. 00 7. Subtract line 6d from line 5 ................................................................................................................................ 7. 00 Carry the amount from line 7 to the “Schedule of Corporate Income Tax (CIT) Liability for a Michigan Business Tax (MBT) Financial Filer” (Form 4975), line 1. 31 |
Instructions for the Michigan Business Tax Financial Institution Worksheet A Purpose Lines 1 through 3: If less than zero, enter zero. Line 1: For the purpose of this worksheet, total equity capital To help calculate equity capital for the purpose of completing is defined as the amount reported by the financial institution the “Schedule of Corporate Income Tax (CIT) Liability for a or, in the case of a unitary business group of financial Michigan Business Tax (MBT) Financial Filer” (Form 4975). institutions the top-tiered parent entity, on certain regulatory Effects of Public Act 460 of 2018 forms designated by the FFIEC and filed with the office of the comptroller of currency, the FDIC, or the Federal Reserve Effective with tax years beginning in 2019, PA 460 of 2018 System. The appropriate regulatory form from which total alters the definition of total equity capital for a financial equity capital is reported depends on the size and nature of the institution filing a CIT return. PA 460 did not alter the reporting entity. The forms currently designated by the FFIEC definition of equity capital for an MBT filer. However, to and required by the CIT are: complete Form 4975, an MBT taxpayer must calculate it’s equity capital as if it was a CIT filer. • The consolidated financial statement for holding companies, FR Y-9C. For the purposes of Worksheet A, line 1, total equity capital is the amount reported by the financial instituion, or in the case • The parent company only financial statements for small of a Unitary Business Group (UBG) of financial instituions, holding companies, FR Y-9SP. the top-tiered parenty entity, on certain regulatory forms • To the extent that FR Y-9C or FR Y-9SP are not filed for the designated by the Federal Financial Institutions Examination tax year, the consolidated reports of condition and income, call Council (FFIEC) and filed with the office of the comptroller of reports, FFIEC 031, 041, or 051. currency, the Federal Deposit Insurance Corporation (FDIC), If any of these reports is no longer designated by FFIEC for or the Federal Reserve System. filing, a financial institution will report that amount of total A financial institution will use the FFIEC regulatory report for equity capital reported on a successor form or a report similar the period ending with the financial institution’s fiscal year end. in content and designated by the FFIEC. Likewise, for a unitary business group of financial institutions, Line 2: Michigan obligations means a bond, note, or other the taxpayer uses the FFIEC regulatory report for the period obligation issued by a governmental unit described in Section 3 ending with the top-tiered-parent entity’s fiscal year end. If the of the Shared Credit Rating Act, Public Act 227 of 1985, MCL financial institution or top-tiered parent entity does not submit 141.1053. a report for the period ending that coincides with its fiscal year end, the taxpayer should use the last FFIEC regulatory report UBGs: For each column, sum the entries of all UBG members issued during its fiscal year. from the corresponding columns on Worksheet B, line 1, and enter the totals here. If a UBG, the taxpayer must complete the “Michigan Business Tax Financial Instituion Worksheet B” before completing Line 3: United States obligations means all obligations of Worksheet A. the United States exempt from taxation under 31 USC 3124(a) or exempt under the United States constitution or any federal Line-by-Line Instructions statute, including the obligations of any instrumentality or Lines not listed are explained on the form. agency of the United States that are exempt from state or local taxation under the United States Constitution or any statute of Enter the name and Federal Employment Identification Number the United States. (FEIN) of the taxpayer listed on the “Michigan Business Tax Annual Return for Financial Institutions” (Form 4590), line 2 and UBGs: For each column, sum the entries of all UBG members line 7. from the corresponding columns on Worksheet B, line 2, and enter the totals here. Also enter the name of the top-tiered parenty entity filing the FFIEC report, and that entity’s FEIN. This may be different Line 6a: Enter the equity capital included in the financial from the entity named in the previous field if the top-tiered institution equity capital (and included in line 1) of an entity does not have nexus with Michigan. insurance company owned by the taxpayer, to the extent that the equity capital (the financial institution’s investment) is The following calculation involves a five-year average of net included in line 1. Consider only insurance companies as capital. Enter data from the current year and four most recent defined in MCL 206.607 and subject to the Michigan’s CIT tax years to complete the five-year table. For purposes of this premiums tax, which does not include captive insurance table, treat a partial year as a full year. If the current and four companies. For purposes of this deduction, equity capital is preceding tax years include any short periods, the years printed calculated in accordance with Generally Accepted Accounting in column headings for this part will not apply accurately. For Principles. example, a financial institution has a fiscal year-end of June 30 and its current tax year is a short year ending September UBGs: For each column, sum the entries of all UBG members 30, 2019. That financial institution reports the periods ending from the corresponding columns on Worksheet B, line 3a, and September 30, 2019, June 30, 2019, June 30, 2018, June 30, enter the totals here. 2017, and June 30, 2016. Enter the minimum regulatory capitalization Line 6b: 32 |
requirements of the insurance company, which are fixed statutory minimums set forth in Michigan’s Insurance Code of 1956. UBGs: For each column, sum the entries of all UBG members from the corresponding columns on Worksheet B, line 3b, and enter the totals here. Line 6d: Enter the lesser of line 15a or line 15c. UBGs: For each column, sum the entries of all UBG members from the corresponding columns on Worksheet B, line 3d, and enter the totals here. Line 7: Carry the amounts from line 7, columns A though E, to the corresponding columns on Form 4975, line 1. |
Michigan Department of Treasury MBT Financial Worksheet B (Rev. 04-21) 2021 Michigan Business Tax Financial Institution Worksheet B Complete a copy of Worksheet B for each member of the Unitary Business Group with equity capital included in the Federal Financial Institutions Examination Council (FFIEC) report. Members with equity capital not included in the FFIEC report do not complete Worksheet B. Include all copies of Worksheet B with your MBT Return. Designated Member Designated Member FEIN Unitary Business Group Member Name Member FEIN NOTE for line 1 and line 2: If less than zero, enter zero. 1. Average daily book value of MI obligations ....................................................................................................... 1. 00 2. Average daily book value of U.S. obligations ........................................................................................................... 2. 00 3. a. Authorized insurance company subsidiary: enter actual capital fund amount ................................................................... 3a. 00 b. Minimum regulatory amount required .............................................................................................................................. 3b. 00 c. Multiply line 3b by 125% (1.25) ........................................................................................................................................... 3c. 00 d. Enter the lesser of line 3a or line 3c .................................................................................................................................... 3d. 00 34 |
Instructions for the Michigan Business Tax Financial Institution Worksheet B Line 3b: Enter the minimum capital fund amount required by Purpose regulations for that insurance subsidiary. For a Unitary Business Group, the “Michigan Business Tax For each column, sum the entries of all UBG members on line Financial Institution Worksheet B” helps provide member 3b and carry to the corresponding column on Worksheet A, information to complete the “Michigan Business Tax Financial line 6b. Institution Worksheet A.” Line 3c: For each column, sum the entries of all UBG Line-by-Line Instructions members on line 3c and carry to the corresponding column on Lines not listed are explained on the form. Worksheet A, line 6c. Line 3d: For each column, sum the entries of all UBG In all cases with one or more financial institutions in a UBG, members on line 3d and carry to the corresponding column on complete one copy of Worksheet B for each financial institution Worksheet A, line 3d. in the UBG. Note that an entity that would otherwise be a standard member but is owned by and unitary with a financial institution is defined by statute to be a financial institution. If a financial institution member (other than the DM) has two or more federal tax periods ending with or within the filing period of this return, use a separate copy of Part 2B for each of that member’s federal periods. Enter the name and Federal Employment Identification Number (FEIN) of the Designated Member listed on Worksheet A in the appropriate field on each copy of Worksheet B. Enter the name and FEIN Enter the name and Federal Employment Identification Number (FEIN) of the member whose information is reported on lines 1 through 3 of Worksheet B. Line 1: Under MCL 206.651(k), Michigan obligations means a bond, note, or other obligation issued by a governmental unit described in Section 3 of the Shared Credit Rating Act, PA 227 of 1985, MCL 141.1053. For each column, sum the entries of all UBG members on line 1 and carry to the corresponding column on Worksheet A, line 2. Line 2: United States obligations means all obligations of the United States exempt from taxation under 31 USC 3124(a) or exempt under the United States constitution or any federal statute, including the obligations of any instrumentality or agency of the United States that are exempt from state or local taxation under the United States constitution or any statute of the United States. For each column, sum the entries of all UBG members on line 2 and carry to the corresponding column on Worksheet A, line 3. Line 3a: Enter the equity capital of an insurance company owned by the taxpayer, to the extent that the equity capital (this UBG member’s investment) is included in the Total Equity Capital of Worksheet A, line 1. Consider only insurance companies as defined in MCL 206.607 and subject to the Michigan’s CIT premiums tax, which does not include captive insurance companies. For purposes of this deduction, equity capital is calculated in accordance with Generally Accepted Accounting Principles. For each column, sum the entries of all UBG members on line 3a and carry to the corresponding column on Worksheet A, line 6a. 35 |
2021 Supplemental Instructions for Financial Institution Members in Unitary Business Groups (UBGs) NOTE: These instructions for Unitary Business Groups the combined filing schedule, and eliminate intercompany (UBGs) are meant to supplement general instructions and transactions where applicable, to support the primary return. form-specific instructions for financial institution taxpayers of Insurance companies that are part of a UBG will each file the Michigan Business Tax (MBT), not to replace them. a separate Form 4588, but should be listed as an excluded affiliate with an incompatible tax base on Form 4580 or Form Standard taxpayers and standard members refer to all taxpayers 4752, as applicable. or UBG members, respectively, other than financial institutions or insurance companies. Standard members of a UBG should see the “Supplemental Instructions for Standard Members The Designated Member (DM) in UBGs” section in the MBT Forms and Instructions for A UBG combined return of financial institutions is filed under Standard Taxpayers (Form 4600). the name and Federal Employer Identification Number (FEIN) or Michigan Treasury (TR) assigned number of the DM of the There is not a corresponding supplement for insurance financial institution group. Designated Member means a UBG companies because, although they can be members of a UBG, member that has nexus with Michigan and will file the combined they do not file combined returns. MBT return on behalf of the financial institution members of Introductory pages of this MBT instruction booklet contain the group. In a brother-sister controlled group, any member with general information designed to assist in identifying nexus may be designated to serve as DM. In a parent-subsidiary the existence and membership of a UBG. The following controlled group or a combined controlled group (an interlocking instructions address: combination of a parent-subsidiary group and a brother-sister group), the controlling member must serve as DM if it has nexus • Filing combined returns by different member types within a with Michigan. If it does not have nexus, the controlling member UBG. may appoint any member with nexus with Michigan to serve as • Understanding the role of the Designated Member (DM). DM. That DM must continue to serve as such every year, unless For each type of UBG member that is reported on a combined it ceases to be a group member or the controlling member attains return (standard and financial institution), there is a required Michigan nexus. The filing period of a combined return is based form that collects data that is necessary for preparation of a on the tax year of the DM. combined return: If a UBG is comprised of both standard members and financial • The MBT Unitary Business Group Combined Filing institutions, the UBG will have two DMs (one for the standard Schedule for Standard Members (Form 4580) supports members completing Form 4567 and related forms, and one for a combined return of standard members to be filed on the the financial institution members completing Form 4590 and MBT Annual Return (Form 4567). related forms). • The MBT Unitary Business Group Combined Filing Schedule Role of the DM: The DM speaks, acts, and files the MBT for Financial Institutions (Form 4752) supports a combined return on behalf of the group for MBT purposes. Only the return of financial institution members to be filed on the MBT DM may file a valid extension request for the group. Treasury Annual Return for Financial Institutions (Form 4590). maintains the group’s MBT data (e.g., prior MBT returns, tax credit carryforward, overpayment credit forward) under the Guidance that is specific to only one form is contained in the DM’s name and account number. The DM must be of the same instructions for that form, in sections titled either “Special taxpayer type (standard or financial institution) as the members Instructions for Unitary Business Groups” or simply “UBGs.” for which it files a combined return. Following are instructions that apply to more than one form. NOTE: If a person with a certificated credit is a member Special Instructions and the Designated Member of a UBG, the Designated Member of the UBG, and not the Special Instructions for the Annual Return member, shall file a UBG return and pay the tax, if any, under By definition, a UBG can include standard members, insurance the MBTA and claim that certificated credit. companies, and financial institutions. However, in some cases not all members of the UBG will be included on the Special Instructions for Supporting Forms same return. All standard members in a UBG (except those Most forms are completed by UBGs on a group basis. However, owned by and unitary with a financial institution) file a single on a combined return of financial institution members, the combined return on Form 4567. Financial institution members following forms must be completed with entity-specific data, of a UBG (including any standard member owned by and rather than groupwide data: unitary with a financial institution in the group) file a combined return on Form 4590. Insurance company members of a UBG • Michigan Historic Preservation Tax Credit (Form 3581) each file separately on Form 4588. • MBT Renaissance Zone Credit Schedule (Form 4595) Before completing a combined return, UBGs should first If more than one member completes one of these forms, complete Form 4580 or Form 4752. These forms are used multiple copies of that form must be included in the group’s to gather and combine data from each member included in combined return. 36 |
In addition, many credits require an entity-specific calculation its pro forma tax liability as if it was a singular, stand-alone of a credit amount. The following table provides a summary taxpayer in all aspects. This supporting pro forma calculation of UBG credit calculations for a combined return of financial should be provided in a statement attached to the return. institutions where: However, this calculation and its results should never be transferred to Form 4590 or displayed in a layout similar to A) The test or criteria to qualify for the credit should be applied Form 4590. on a group basis (G) or a separate entity basis (E). B) If the qualification test is satisfied, the calculation of the Effects of Members Joining a Group available credit amount should be on a group basis (G) or a When an entity becomes a member of a UBG part way through separate entity basis (E). the member’s tax year, for MBT purposes the new member will experience a short tax year beginning on the date the member C) Calculation of the credit should be done after elimination joins the group, even if it does not have a short period for of intercompany transactions (Y or N). NOTE: This applies federal purposes. only to the calculation of the credit. The tax liability of the UBG against which the credit will be applied is calculated after For both the UBG return and the new member’s separate elimination of all intercompany transactions from the tax bases short period return, tax bases will be calculated using actual and apportionment. numbers from the applicable short period of the new member. If a member that is new to the group brings with it a Credit (A) (B) (C) certificated credit or carryforward of a certificated credit, the Brownfield Redevelopment Credit E E N UBG taxpayer will continue to apply the choice it made for Compensation Credit G G N the first tax year ending after December 31, 2011, concerning Film Infrastructure Credit * E E N the MBT election. Or, in the case of a qualifying brownfield Film Production Credit * E E N or historic preservation credit — the election made by the group at a later time. If the joining member brings a qualifying Historic Preservation Credit E E N brownfield or historic preservation credit for which credit Individual or Family Development Account Credit G G N amount remains available, the UBG taxpayer may make the MEGA Employment Tax Credit E E N election to be taxable under the MBT in a year in which credit MEGA Photovoltaic Technology Credit * E E N amount is available and must remain taxable under the MBT for all years in which brownfield or historic preservation credit Renaissance Zone Credit E E N amount is available if the election is made. * Financial institutions may claim film and photovoltaic credits Effects of Members Leaving a Group as assignees only. When a member of a UBG ceases to be a member part The available amount of each of the above credits is taken way through the member’s tax year, for MBT purposes the against the entire group’s tax liability. Additional UBG departing member will experience a short tax year ending on instructions are provided on forms where these credits are the departure date, even if it does not have a short period for calculated. federal purposes. If the UBG is comprised of both standard members and For both the UBG return and the departing member’s separate financial institutions, two copies of supporting forms will be short period return, tax bases will be calculated using actual completed (one group of supporting forms for the standard numbers from the applicable short period of the departing members’ annual return and one group of supporting forms for member. the financial institutions’ annual return). When a member leaves the UBG other than at the end of its federal tax year, any available certificated credit generated Pro Forma Calculations for Certain Credits by the member will be allocated to the period that includes the effective date of the certificate. A credit carryforward For some credits, evaluation of whether a UBG is qualified to attributable to the departing member and existing in the claim the credit is based on characteristics and activities of a departing member’s (or the group’s) account prior to leaving single member, rather than the group as a whole. Similarly, for the group typically will be applied first to the group return for some credits, after it is determined that a UBG is qualified to the group filing period that includes the end of the departing claim the credit, calculation of the amount of credit available is member’s short state tax year that ended upon leaving the based on data of a single member, rather than the group. Each group. Any carryforward remaining after that application (i.e., credit requiring this method is identified on the form on which neither consumed or expired) will, generally, be fully available it is calculated. In these situations, typically a pro forma MBT for use by the departing member. If the remaining UBG does liability is required for the member generating the credit. not hold a certificated credit after the departing member leaves Where a pro forma calculation is required, the underlying with credit then the group is no longer eligible to continue objective is to determine what the tax liability (immediately under the MBT. If the departing member joins another UBG, prior to the credit) of the UBG member generating the credit bringing the certificated credit, the UBG taxpayer will continue would have been if that member was not included in the group. to apply the choice it made concerning the credit election. (In Therefore, the member generating the credit must calculate the case of qualifying brownfield and historic preservation 37 |
certificated credits, see “Effects of Joining a Group” for more detail.) If the departing member becomes a solo filer with remaining certificated credit, that member will continue to file under the MBT until the credit is used up. These results do not change if the departing member is the DM. Other UBG-Related Issues An affiliated person that is excluded from membership in a UBG because it is a foreign person, which has nexus and meets the applicable filing threshold, must file a separate MBT return. 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 & Legal Resources,” which leads to 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. 38 |
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 39 |
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