Treasury is reviewing the recently enacted tax law changes, including the new Marijuana Wholesale Tax. Developing clear and accurate information for tax stakeholders is our top priority. This guidance will be posted to our website in the coming weeks.
Filing Requirements 11. What is the filing threshold under Part 2 of the Income Tax Act of 1967 (ITA) that imposes the CIT?
Section 685(1) (MCL 206.685(1)) of the ITA directs that a taxpayer, other than an insurance company or financial institution, whose apportioned or allocated gross receipts are less than $350,000.00, does not need to file a return or pay the tax imposed under Part 2 of the ITA. Section 685(1) also directs that a taxpayer whose CIT tax liability is less than or equal to $100.00 does not need to file a return or pay the tax imposed under Part 2.
This section clearly excludes insurance companies and financial institutions from the $350,000.00 filing threshold. An insurance company or financial institution with an annual liability of $100.00 or less is not required to file a CIT annual return or pay the tax.
Although a taxpayer may have gross receipts and tax under the applicable thresholds, the filing of a return may nonetheless be required in order to (i) obtain a refund of overpaid taxes, (ii) credit forward overpaid taxes to a subsequent year, or (iii) carry forward a business loss to a subsequent year.