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Michigan Business Tax
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A21. (Answer rescinded, replaced by A25) How does a taxpayer with a fiscal year end calculate tax under the MBT for estimate purposes?
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Answer:
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If estimated tax liability for the year is over $800.00, a taxpayer must file
estimated quarterly returns and payments. Quarterly returns for fiscal year
taxpayers are due the 15th day of the first month after each quarter. Any
quarter less than 3 months is due on the 15th day of the month immediately
following the final month of the taxpayer's tax year. In the case of a short
taxable year, no estimated tax payment is required if the short taxable year is
a period of less than four full calendar months; or the estimated tax liability
for the year is $800.00 or less. See IRS Reg. 1.6655-5(b).
The estimated payment made with each quarterly return must be for the total
estimated business income tax base and modified gross receipts tax base for the
quarter, or 25% of the estimated annual liability. To avoid penalty and interest
charges, estimated payments must equal at least 85 percent of the liability for
the tax year, and the amount of each estimated payment must reasonably
approximate the tax liability for each quarter. If the year's tax liability is
$800.00 or less, quarterly returns are not required. Estimates cannot be based
on the prior year's SBT liability, and can no longer be based on 1% of gross
receipts.
For taxpayer's whose apportioned or allocated gross receipts equal $350,000 or
more, the MBTA imposes a 4.95% business income tax and a modified gross receipts
tax at the rate of 0.8%. A credit reduces the tax correspondingly if gross
receipts are between $350,000 and $700,000.
For most taxpayers, the business income tax base is essentially that part of
federal taxable income derived from business activity, modified by the following
to the extent included in, excluded from, or deducted in arriving at federal
taxable income:
Additions:
- Interest income and dividends derived from obligations or securities of
states other than Michigan,
- Taxes on or measured by net income and the tax imposed under the MBT,
- Any carryback or carryover of a net operating loss,
- Loss attributable to another taxable entity,
- Royalty, interest, or other expense paid to a person related to the
taxpayer by ownership or control for the use of an intangible asset if the
person is not included in the taxpayer's unitary business group.
Subtract:
- Dividends and royalties received from persons other than United States
persons and foreign operating entities,
- Income attributable to another taxable entity,
- Interest income derived from United States obligations,
- Earnings that are net earnings from self-employment as defined under
section 1402 of the internal revenue code of the taxpayer or a partner or
limited liability company member of the taxpayer except to the extent that
those net earnings represent a reasonable return on capital.
The modified gross receipts tax base consists of gross receipts less
purchases from other firms. Gross receipts are defined as the entire amount
received by a taxpayer from any activity carried on for direct or indirect gain,
benefit, or advantage to the taxpayer or to others, with certain specific
exceptions. "Purchases from other firms" is generally limited to inventory
acquired during the tax year, depreciable assets acquired during the tax year,
and materials and supplies directly connected to inventory or depreciable
assets.
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