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  Michigan Business Tax
Fi28. MCL 208.1457(8) contemplates that a film and digital media infrastructure credit may be assigned to an assignee, and also contemplates that such assignee can re-assign to one or more assignees. Can the secondary assignees from the original assignee further re-assign if necessary?
 
Answer:

Yes, there is no restriction on the number of re-assignments that may be made. MCL 208.1457(8) provides that a taxpayer eligible to claim the film and digital media infrastructure credit may assign all or a portion of an infrastructure credit to any assignee. It further specifies that an assignee may subsequently re-assign a credit or any portion of the credit assigned to one or more assignees. MCL 208.1457(8). The statute does not limit the number of re-assignments that may be made. All assignments of the credit are irrevocable. The deadline for re-assignment is the end of the tax year in which the assignee (now assignor) received its credit through assignment. Each assignor must complete Form 4589 after the date the Film Office issues Investment Expenditure Certificate and must file the Form 4589 with the Department before the deadline established to assign or re-assign, as applicable. Once the assignment is approved by the Department, the Department's signed Form 4589 will be returned to the assignor. The assignor must furnish each assignee with a copy of the approved form to attach to the assignee's MBT tax return. A separate Form 4589 must be completed for each project and each assignee.


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