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The Implementation of the Michigan Flow-Through Entity Tax
B. How do flow-through entities make an election to pay the flow-through entity tax?
Only entities that affirmatively elect to file a return and pay the tax are subject to the flow-through entity tax. The election must be made by submitting an electronic payment to the Department through the procedures specified in Section II.G of this Notice. Any other manner of making the election – including, for example, the submission of a written election statement or a payment outside of Michigan Treasury Online (MTO) – is not a valid election. For the election to be timely, the payment must be received by the fifteenth day of the third month of the flow-through entity’s tax year. Although special rules apply for the initial implementation year, calendar year filers will ordinarily be required to make an election by March 15 of the tax year.6 An election made by a flow-through entity is effective for the tax year in which the election is made and for each of the next two successive tax years (i.e., three years total) and, once made, is irrevocable. An election payment must specify the initial tax year of the flow-through entity for which the election is being made.
6MCL 206.813.