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Michigan Business Tax
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M26. Does the Modified Gross Receipts Tax component of the Michigan Business Tax Act tax capital gains of investors, including trusts, Family Limited Partnerships and individuals?
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Answer:
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Generally, no. The modified gross receipts tax base is a taxpayer's gross
receipts less purchases from other firms. "Gross receipts" is defined as the
entire amount received by the taxpayer from any activity whether intrastate,
interstate, or foreign commerce carried on for direct or indirect gain, benefit,
or advantage to the taxpayer or to others. MCL 208.1111.
Certain personal transactions, however, are excluded from gross receipts.
"For an individual, estate, partnership organized exclusively for estate or gift
planning purposes, or trust organized exclusively for estate or gift planning
purposes," gross receipts does not include amounts received from sources
"transactions, activities, and sources in the regular course of the taxpayer's
trade or business." by MCL 208.1111(1)(v). Personal transactions are
specifically excluded by this section; including, but not limited to,
(A) Personal investment activity, including interest, dividends, and gains
from a personal investment portfolio or retirement account.
(B) Disposition of tangible, intangible, or real property held for personal
use and enjoyment, such as a personal residence or personal assets.
MCL 208.1111(1)(v)(v)(A),(B).
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