Commissions are included in gross receipts. Gross receipts are the "entire
amount received" from "any activity" unless the amount received is statutorily
exempted under MCL 208.1111. The statute provides no exemption from the
definition of gross receipts for real estate commissions collected. Therefore, a
real estate broker that receives commissions must include those commissions in
its gross receipts even if all, or a portion of the commissions will later be
paid out to real estate agents or salespersons affiliated with the broker.
However, the modified gross receipts tax base is a taxpayer's gross receipts
less purchases from other firms before apportionment. MCL 208.1203(3). Purchases
from other firms include, in part, payments made by brokers licensed under
article 25 or 26 of the Occupational Code, 1980 PA 299, to independent
contractors also licensed under that Act. MCL 208.1113(6)(g). Therefore, while
commissions received are not excluded from a broker's gross receipts, any
commissions that are in turn paid out to real estate agents or salespersons that
are independent contractors are deducted from gross receipts in calculating the
modified gross receipts tax base.
Note however, if the relationship between the broker and the real estate
agent or salesperson is one of an employer/employee, any payments made to the
licensed employee are not deductible from gross receipts as the definition of
purchases from other firms is limited to payments made to "independent
contractors."