Michigan Department of Treasury Attachment 4 4895 (Rev. 05-22), Page 1 of 2 2022 MICHIGAN Corporate Income Tax Loss Adjustment for the Small Business Alternative Credit Issued under authority of Public Act 38 of 2011. Taxpayer Name Federal Employer Identification Number (FEIN) Use this form to qualify for an otherwise disallowed or reduced Small Business Alternative Credit by adjusting current year adjusted business income (ABI) and/or allocated income. This is available only if a taxpayer had a negative adjusted business income in any of the five tax years (“loss year”) immediately preceding this tax year and received a Michigan Business Tax Small Business Alternative Credit or Corporate Income Tax Small Business Alternative Credit in the loss year. Unitary Business Groups (UBGs), see instructions. PART 1: CURRENT YEAR AMOUNTS FOR ABI DISQUALIFIER Use this section to determine amount of loss adjustment to business income needed to qualify for the Small Business Alternative Credit. Adjusted Business Income Disqualifier 1. Adjusted Business Income from Form 4893, line 9 ..................................................................................... 1. 00 2. Business Income Disqualifier ...................................................................................................................... 2. 1,521,000 00 3. Loss adjustment needed. Subtract line 2 from line 1. If less than zero, enter zero ..................................... 3. 00 PART 2: AVAILABLE LOSS FOR ABI DISQUALIFIER Read instructions before completing Part 2. Use Part 2 to determine the loss available from the five preceding periods. Do not enter a negative sign in front of the loss amounts in lines 5 through 10. Complete line 4 with the end dates of the five preceding tax periods (oldest to the left). Then complete lines 5 through 10, one column at a time beginning with the oldest, but completing only those columns representing periods that reported a loss (either generated or used) AND received a Small Business Alternative Credit. UBGs, see instructions. 4. Tax year end date (MM-DD-YYYY) ........................... 5. Adjusted business income ........... 6. Loss used on prior returns ........... 7. Loss available for current return .......................... 8. Loss adjustment needed for current return .......................... 9. Additional loss adjustment needed......................................... 10. Loss adjustment carryforward ..... + 0000 2022 20 01 27 2 Continue on Page 2 |
2022 Form 4895, Page 2 of 2 Taxpayer FEIN PART 3: CURRENT YEAR AMOUNTS FOR SHAREHOLDER ALLOCATED INCOME DISQUALIFIER UBGs, see special instructions on using member data to complete Part 3 and the “Loss Adjustment for a Shareholder with Multiple Allocations” worksheet. Shareholder Allocated Income Disqualifier: $180,000 11. Enter the amount from Form 4893, line 6 (see instructions) ....................................................................... 11. 00 12. Shareholder Allocated Income Disqualifier (See chart in instructions) ........................................................ 12. 00 13. Enter compensation and director fees from Form 4894, line 3, column L, of the shareholder creating the disqualifier or reduction* .............................................................................................................................. 13. 00 14. Subtract line 13 from line 12. If less than zero, see instructions ................................................................. 14. 00 15. Divide line 14 by the percent of ownership from Form 4894, line 3, column G, for the shareholder on line 13 ..................................................................................................................................................... 15. 00 16. Loss adjustment needed. Subtract line 15 from line 11 ............................................................................... 16. 00 *Note:If compensation exceeds $180,000 for any shareholder or officer, a Small Business Alternative Credit cannot be claimed nor can a loss adjustment be used to reduce compensation from Form 4894, line 3, column L. A shareholder of a UBG member must combine all items paid or allocable by all members of the UBG. PART 4: AVAILABLE LOSS FOR SHAREHOLDER ALLOCATED INCOME DISQUALIFIER Read instructions before completing Part 4. Use Part 4 to determine the loss available from the five preceding periods. Do not enter a negative sign in front of the loss amounts in lines 18 through 23. UBGs, see special instructions on using member data to complete Part 4 and the “Loss Adjustment for a Shareholder with Multiple Allocations” worksheet. Complete line 17 with the end dates of the five preceding tax periods (oldest to the left). Then complete lines 18 through 23, one column at a time beginning with the oldest, but completing only those columns representing periods that reported a loss (either generated or used) AND received a Small Business Alternative Credit. 17. Tax year end date (MM-DD-YYYY) ........................... 18. Adjusted business income ........... 19. Loss used on prior returns ........... 20. Loss available for current return .......................... 21. Loss adjustment needed for current return .......................... 22. Additional loss adjustment needed......................................... 23. Loss adjustment carryforward ..... + 0000 2022 20 02 27 0 |
Instructions for Form 4895, Corporate Income Tax (CIT) Loss Adjustment for the Small Business Alternative Credit or extinguished. For the purposes of completing Part 2, if a Purpose member’s separate year does not share a common year end To reduce the adjusted business income (ABI) or shareholder with the UBG, use a separate column for that member. If some allocated income to qualify for the Small Business Alternative members’ separate years share a common year end, total the Credit (SBAC) or minimize the reduction percentage required. amount of those members’ available loss in a single column. If the ABI was less than zero in any of the five years Arrange all of the columns in chronological order. If additional immediately preceding the tax year for which the credit is columns are needed to accommodate the five preceding years, being claimed, and the taxpayer received an SBAC under create and attach a table comparable to that found in lines 4 the Michigan Business Tax (MBT), or an SBAC under the through 10. Apply to that custom table the calculations described Corporate Income Tax (CIT) for that same year, the taxpayer in the form text and instructions for lines 4 through 10. may adjust for the loss before figuring eligibility for the Loss adjustment used for the ABI disqualifier from a member’s current year SBAC. Business income for credit purposes is separately filed years should be tracked in the taxpayer’s adjusted by using available loss from prior years on a first- records. Any ABI loss adjustment remaining from a member’s in, first-out basis until those losses are consumed (by use) separately filed years will be available to that member in the or extinguished (by age). A loss adjustment will not affect event the member leaves the UBG prior to complete usage of a reduction to or elimination of the SBAC based on gross the available loss adjustment by the UBG, or expiration due to receipts that exceed $19,000,000. Also, it will not change the age. See the “Supplemental Instructions for Standard Members amount of compensation in column L on the CIT Schedule of in UBGs” section in Form 4890 for details. Shareholders and Officers (Form 4894). Line-by-Line Instructions Instructions for Unitary Business Groups Lines not listed are explained on the form. (UBGs) Dates must beentered in MM-DD-YYYY format. The ABI threshold must be calculated by the UBG by combining the ABIs of its members. Likewise, to reduce an ABI disqualifier Taxpayer Name and Account Number: Enter name and of the UBG, loss adjustment must be calculated on a group level account number as reported on page 1 of the CIT Annual and used against the group’s ABI. Loss used at the group level is Return (Form 4891). Also, the taxpayer FEIN from the top of independent of the loss available at the member level. page 1 must repeatedbe in the proper location on page 2. NOTE: The usage of loss adjustment for one disqualifier does UBGs: Enter the DM’s name in the Taxpayer Name field and FEIN the in FEIN field. not affect the available loss adjustment for the other disqualifier. This form will accommodate the separate maintenance of Part 1: Current Year Amounts for ABI Disqualifier loss adjustment available for the UBG for both the ABI and Use Part 1 and Part 3 to determine the amount of loss allocated income disqualifiers. adjustment necessary qualify to for the SBAC. For years in which a member was not part of the UBG, If the taxpayer is not eligible for the credit because its ABI the UBG will use that member’s available loss from those exceeds $1,521,000, complete lines through 1 10. separate years on a first-in, first-out basis until those losses are Tax Year Less Than 12 Months: Business income and consumed or extinguished. shareholder disqualifiers must be calculated on an annualized basis. Enter annualized numbers on lines 11, 1, and 13. Adjusted Business Income Disqualifier Annualizing This disqualifier is calculated at the group level. If the UBG To annualize, multiply each applicable amount, ABI, or has a group wide ABI that exceeds $1,458,600 then the entire shareholder compensation, by 12 and divide the result by the UBG is disqualified. number ofmonths in the tax year. In the Taxpayer Name field at the top of the page, enter the Designated Member’s (DM’s) name followed by the DM’s UBGs: For UBG members reporting a period of less than 12 months with the group return, annualization is done using Federal Employer Identification Number (FEIN). the member’s number of months in the group’s tax year. Sum To reduce the UBG’s ABI disqualifier, the group will use its the annualized member amounts (when applicable) to get the available loss from a prior tax year when the UBG received group’s total annualized amount. the SBAC, as well as a member’s available loss from a tax year when it received the SBAC and was not part of the UBG Part 2: Available Loss for ABI Disqualifier (member’s separate year). However, the group may not use Use Part 2 to determine the loss available from the five a member’s separately calculated available loss for a tax year preceding years. Report the loss amount as a positive number. when the member was part of the UBG under MBT to reduce Line 4: Enter each tax year end date for the five preceding the group’s ABI disqualifier. tax years. Begin with the earliest year in the left column. To reduce the UBG’s ABI disqualifier, available loss is used Each short period return is treated as a separate year when on a first-in, first-out basis until those losses are consumed determining the available loss. 41 |
Complete lines 5 through 10, one column at a time. Complete disqualifier, there is no calculated figure from this form only columns for years that reported a loss (either generated that feeds to another form. Simply ignore the apparent or used) and received an SBAC. If the taxpayer did not report disqualification on Form 4893, line 9 and proceed with a loss or did not receive an SBAC for a tax year, leave that calculating the SBAC on the remainder of Form 4893. column, lines 5 through 10, blank. If loss adjustment is successfully applied to fully or partially Line 5: Enter (as a positive number) the negative ABI from the cure an owner’s allocated income disqualifier, this will be CIT Small Business Alternative Credit (Form 4893), line 9, for demonstrated by the final column of line 9 being zero. In that tax years where an SBAC was received. event, carry the number from line 12 of this form to Form 4893, line 9, and proceed with the calculation there. For MBT years, enter the ABI from the Michigan Business Tax Common Credits for Small Businesses (Form 4571), line 8. Part 3: Current Year Amounts for Shareholder UBGs: When completing this line for a UBG, enter the sum of Allocated Income Disqualifier the following: 1) UBG’s negative ABI for tax years it received UBGs, see “Special Instructions for UBGs” on the following the SBAC, plus, 2) a member’s negative ABI for a tax year page for guidance on completing Part 3. when it received the SBAC and was not part of the UBG. These If the taxpayer is not eligible because a shareholder’s allocated member amounts are calculated initially at the member level but used and maintained for use in future years on the Group income exceeds $180,000, complete lines 11 through 23 for the Copy for ABI. shareholder(s) creating the disqualifier. The loss adjustment required is the largest amount needed to eliminate all allocated Line 6: Enter the amount of loss entered on line 5 that was income disqualifiers. used as an adjustment in a prior year (including loss adjustment used in SBT years and MBT years). Reduced SBAC: A reduction of the SBAC is required if a shareholder or an officer has allocated income after loss UBGs: If a member’s negative ABI was included on Line 5 adjustment of more than $160,000. This reduction is based on (the member received an SBAC and was not part of the UBG the officer or shareholder with the largest allocated income. in the tax year the credit was received), include any loss This is determined at a group level. adjustment used by that member in a prior year to offset an ABI disqualifier (including loss adjustment used in MBT and Any UBG that has a shareholder whose income creates a CIT years). Also enter any groupwide loss used against the partial or complete disqualification, and that has loss available UBG’s ABI disqualifier in a prior year. to resolve that disqualification in whole or in part, must file Form 4895. A shareholder or officer must combine all items Line 7: Subtract line 6 from line 5 to arrive at loss available or allocable to the shareholder or officer by all members paid on the current return. If less than zero, enter zero; no loss is the group when calculating the allocated income disqualifier. of available. Complete lines 11 through 16 for the shareholder whose UBGs: If the group’s membership has not changed, that is, no allocated income needs to be reduced. member has joined or left the group since the filing of the prior year’s return, the amounts calculated on line 7 should equal the NOTE: A shareholder that is paid or allocated items of income amounts on line 10 of the prior year’s corresponding columns. from more than one member of the UBG must calculate If membership for this year is different, these amounts may not Part 3 using amounts from the “Loss Adjustment for a be the same. See the “Supplemental Instructions for Standard Shareholder with Multiple Allocations” worksheet later in these Members in UBGs” section in Form 4890 for details. instructions. Line 8: Enter the amount from line 3, in the first column where Line 11: When calculating this line, the shareholder must a loss is available on line 7. In subsequent columns, enter calculate a pro forma CIT Small Business Alternative Credit amount from line 9 of the previous applicable column. (Form 4893), lines 3 through 9, using only the information Line 9: If line 8 is larger than line 7, subtract line 7 from line from the member creating the disqualifier. Enter the calculated 8. Enter here and on line 8 of the next column where a loss is pro-forma amounts from the 4893 line 6 here on line 11. available on line 7. Line 12: Form 4895 should be calculated initially using Line 10: If line 7 is larger than line 8, subtract line 8 from line $160,000 as the disqualifier. This calculation will establish 7. This amount is available to use in subsequent years. taxpayer eligibility without the need to reduce the SBAC. However, if the total loss available for the current year on line NOTE: To benefit from a loss adjustment, the total loss does not equal or exceed the loss adjustment required on 20 available for the current year, line 7, must equal or exceed the 16, the taxpayer may still calculate a lesser loss adjustment line loss adjustment required on line 8. claim a reduced credit. to The function of this form is to demonstrate that a taxpayer that Try the calculation more than once. Substitute the numbers otherwise would have been disqualified from the SBAC due to shown on the chart below on line 12 to maximize the claimed ABI, or fully or partially disqualified due to owner’s allocated SBAC within the limits of available loss adjustment. If a income, after application of loss adjustment, is allowed to claim negative number is reached on line 14, a greater disqualifier a full or partial SBAC. amount is needed from the disqualifier chart here on line 12. If loss adjustment is successfully applied to cure an ABI Begin this calculation with the shareholder with the highest disqualifier. 42 |
DISQUALIFIER CHART than one member of the UBG must calculate Part 3 using the Loss Adjustment for UBGs Worksheet and Instructions. If using Line 12 Eligible % of Credit the worksheet, enter the resulting numbers in Part 3 of Form 4895 $ 160,000 100% - no reduction only as instructed by these instructions and worksheet. $164,999 80% If more than one shareholder of the UBG has an allocated $169,999 60% income disqualifier, begin this calculation with the shareholder $174,999 40% with the highest disqualifier. $180,000 20% The worksheet should always be calculated initially using $160,000 from the disqualifier chart. This calculation will establish taxpayer eligibility without the need to reduce the Line 14: If the result is a negative number, some reduction SBAC. Try the calculation more than once. Substitute the of credit is necessary. Return to line 12 and enter the higher numbers shown on the disqualifier chart when calculating line disqualifier amount from the chart. Continue this process 8 of this worksheet to maximize the claimed SBAC within the until line 14 is greater than or equal to zero. This calculation limits of available loss adjustment. establishes the maximum allowable SBAC. Shareholder Loss Adjustment Worksheet for Shareholder Part 4: Available Loss for Shareholder Allocated with Multiple Allocations, Special Instructions: See the Income Disqualifier worksheet at the end of these instructions. UBGs, see “Special Instructions for UBGs” that follow for Part 4: Special Instructions for UBGs guidance on completing Part 4. This part must be completed on a member by member basis. Use Part 4 to determine the loss available from the five Each member must determine its own, separately calculated preceding years. loss adjustment for use against the allocated income Enter each tax year end date for years where loss disqualifier. This will require each member contributing to the Line 17: occurred. Begin with the earliest year in the left column. disqualifier to calculate a pro forma Form 4893 for the purpose Each short period return is treated as a separate year when of completing certain line items, as noted. determining the available loss. Line 17: follow general instructions on a member by member Complete lines through18 23, one column time.at a Complete basis for each member listed on line 2 of the worksheet used for only columns for years that reported a loss (either generated Part 3. or used) and received an SBAC. the If taxpayer did not report Line 18: On a member by member, pro forma basis: enter (as a loss or did not receive an SBAC for a tax year, leave that a positive number) the negative ABI from Form 4893, line 9, column, lines through5 10, blank. for tax years where an SBAC was received by the group or the Line 18: Enter (as a positive number) the negative ABI from member. For MBT years, enter the ABI from Form 4571, line 8. Form 4893, line for9, tax years where SBACan was received. Line 19: On a member by member, pro forma basis: enter For MBT years, enter the ABI from Form 4571, line 8. the amount of loss entered on line 18 that was used as an adjustment in a prior year (including loss adjustment used in Line 19: Enter the amount of loss entered on line 18 that was MBT years). used asadjustmentanin a prior year (including loss adjustment used in MBT years). Line 20: Subtract line 19 from line 18 to arrive at loss available on the current return for this member. If less than zero, enter Line 20: Subtract line from 19 line 18arrivetoat loss available no loss is available. If loss adjustment is successfully zero; on the current return. If less than zero, enter zero; no loss is to fully or partially cure a shareholder’s allocated applied available. disqualifier, enter on Form 4893, line 12, the number income If loss adjustment is successfully applied to fully or partially from Form 4895, line 12. cure a shareholder’s allocated income disqualifier, enter on Line 21: Enter the amount from line 12 from the worksheet for Form 4893, line 12, the number from Form 4895, line 12. the member, in the first column where a loss is available on line Line 21: Enter the amount from line 16, in the first column 20 of the previous column. where a loss available is on line the 20 of previous column. Line 22: If line 21 is larger than 20, subtract line 20 from line Line 22: If line 21 larger is than 20, subtract line 20 from line 21. Enter here and on line 21 of the next column where a loss is 21. Enter here and on line the 21 of next column where aloss isavailable on line 20. Losses can only be used on a member by available on line 20. member basis for this disqualifier. Line 23: If line 20 largeris than line 21, subtract line 21 from Line 23: If line 20 is larger than line 21, subtract line 21 from line 20. This amount isavailable to use in subsequent years. line 20. This amount is available to use in subsequent years by the member. Special Instructions for UBGs Complete and file as many Part 4 schedules as required for Part 3: Special Instructions for UBGs members listed on line 2 of the worksheet used for Part 3. A shareholder that is paid or allocated items of income from more Include completed Form 4895 as part of the tax return filing. 43 |
Worksheet — Loss Adjustment for a Shareholder with Multiple Allocations Begin this worksheet with information on the shareholder that has the highest disqualifier. Shareholder Name Shareholder FEIN or Social Security Number “Member 1,” “Member 2,” and “Member 3” will reflect the data of the UBG members allocating items or income to the shareholder listed above. Use additional worksheets if necessary, and combine the member data from all shareholder worksheets to create the shareholder total. Include all members allocating items or income to shareholder. PART A: ALLOCATED BUSINESS INCOME AND COMPENSATION SHAREHOLDER MEMBER 1 MEMBER 2 MEMBER 3 TOTAL 1. Business Income, from a pro forma Form 4893, line 6, for each member. Combine the amounts for all members for the Shareholder Total Business Income, and carry to Form 4895, line 11................... 1. 2. Compensation, from Form 4894, line 3, column L ...................................................... 2. 3. Percentage of Ownership in Entity, from Form 4894 line 3, column G ........................ 3. PART B: CALCULATE SHAREHOLDER DISQUALIFIER 4. Share of Business Income, per member ..... 4. 5. Shareholder disqualifier, line 2 plus line 4 ... 5. 6. Disqualifying amount of business income, all members. Enter the total of line 4 for all members...................................................... 6. 7. Total disqualifier, all members. Enter the total of line 5 for all members ...................... 7. PART C: CALCULATE LOSS ADJUSTMENT NEEDED 8. Amount over disqualifier .............................. 8. 9. Percentage of disqualifier by member ......... 9. 10. Proportionate share of disqualifier by member ....................................................... 10. 11. Amount from Form 4895, Line 15, for each member. Combine the amounts for all members, and carry the Shareholder Total to Form 4895, line 15................................... 11. 12. Loss Adjustment needed by member .......... 12. 13. Total Loss Adjustment needed for Shareholder. This amount should equal Form 4895, line 16...................................... 13. See instructions on following page 44 |
Instructions Worksheet — Loss Adjustment for a Shareholder with Multiple Allocations Line 1: Enter the business income allocated to shareholder by If the result of this calculation is a negative number, a greater each member listed. Calculate a pro forma CIT Small Business disqualifier amount is needed from the disqualifier chart. This Alternative Credit (Form 4893), lines 3-9, for each member calculation establishes the loss adjustment or SBAC reduction listed. Enter here the pro forma Form 4893, line 6 amount for needed when the amount on line 7 minus the disqualifier each member. Enter the total for all members and carry to amount from the chart is equal to or greater than zero. Form 4895, line 11. Carry the disqualifer amount from the chart used to calculate Line 2: Enter the compensation allocated to shareholder by this line to Form 4895, line 12. each member listed; from Form 4894, line 3, column L. Line 9: Divide line 4 by line 6 “total.” Enter result per UBG For Tax Years Less Than 12 Months: Business Income and member. This is the percentage of the disqualifier amount Shareholder compensation must be calculated on an annualized contributed per UBG member. basis. Enter annualized numbers on lines 1 and 2 of the worksheet. To annualize, multiply each applicable amount, Line 10: Multiply percentage of disqualifier by member from line 9 by line 8 total, amount over disqualifier. Enter result ABI, or shareholder compensation, by 12 and divide the result per UBG member. This is the proportionate share of the by the number of months in the tax year. disqualifier contributed per UBG member. If a shareholder owned stock for less than the entire tax year of the corporation, or an officer served as an officer less than the Line 11: Divide line 10 by line 3, percentage of ownership. Enter result per UBG member. Enter total for all members in entire tax year, shareholder compensation must be annualized the “total” column. when determining disqualifiers. Enter this amount on Form 4895, line 15. Line 3: Enter shareholder’s percentage of ownership in each Line 12: Subtract line 11 from line 1. This is the loss adjustment needed by member. member listed; from Form 4894 line 3, column G. Line 13: Add line 12 for all members. Enter total disqualifier Part B: Calculate Shareholder Disqualifier needed for shareholder. This amount should equal Form Line 4: Multiply business income on line 1 for each member 4895, line 16. listed by shareholder’s percentage of ownership of that member, from line 3. Enter resulting share of business income If more than one shareholder of the UBG has a potential per UBG member. allocated income disqualifier, move on to the shareholder with the next highest disqualifier. Begin the worksheet for the Line 5: Add shareholder’s compensation from line 2 to share next shareholder by reducing line 1 per UBG member on the of business income from line 4. Enter resulting disqualifier for second worksheet by line 12 per UBG member from the first shareholder per UBG member. worksheet. This initial reduction will indicate whether more Part C: Calculate Loss Adjustment Needed loss adjustment is needed for the second shareholder with the next highest disqualifier. Complete worksheet for second Line 8: Subtract the disqualifier amount from the disqualifier shareholder. If the worksheet line 12 is negative, no additional chart (from earlier in these form instructions) from the total loss adjustment is needed. amount on line 7 of the worksheet. This is the amount over disqualifier. Start the calculation with $160,000 from the chart. Complete and file as many Form 4895, Part 3, schedules and as many worksheets as necessary to properly calculate the loss adjustment. 45 |