Enlarge image | Michigan Department of Treasury This form cannot be used 4891 (Rev. 03-22), Page 1 of 2 as an amended return; use the CIT Amended Return (Form 4892). 2022 MICHIGAN Corporate Income Tax Annual Return Issued under authority of Public Act 38 of 2011. MM-DD-YYYY MM-DD-YYYY 1. Return is for calendar year 2022 or for tax year beginning: and ending: 2. Taxpayer Name (print or type) 3. Federal Employer Identification Number (FEIN) 4. Street Address City State ZIP/Postal Code Country Code 5. NAICS (North American Industry Classification System) Code 6. If a Final Return, Enter Effective End Date 8. Check if a special sourcing formula Check if Filing Michigan Unitary Business Group Return. 7b. Affiliated Group Election year (MM-DD-YYYY) for transportation services is used in 7a. (Include Form 4896, if applicable, and Form 4897.) the sourcing of Sales to Michigan. Important: If the tax liability on line 41 is less than or equal to $100, or the gross receipts on line 11 are less than $350,000, you are not required to file this return or pay the tax. Short period filers, see instructions. 9. Apportionment Calculation — If any amount in line 9a through 9e is zero, enter zero. All lines must be completed. a. Michigan sales of the corporation/Unitary Business Group (UBG) (if no Michigan sales, enter zero) ...... 9a. 00 b. Proportionate Michigan sales from unitary Flow-Through Entities (FTEs) (include Form 4900) ............... 9b. 00 c. Michigan sales. Add lines 9a and 9b ......................................................................................................... 9c. 00 d. Total sales of the corporation/UBG ............................................................................................................ 9d. 00 e. Proportionate total sales from unitary FTEs (include Form 4900) ............................................................... 9e. 00 f. Total sales. Add lines 9d and 9e ................................................................................................................ 9f. 00 g. Apportionment percentage. Divide line 9c by line 9f ................................................................................. 9g. % 10. a. Gross receipts from corporate activities (see instructions) .......... 10a. 00 10. b. Apportioned gross receipts from FTEs ........................................ 10b. 00 11. REQUIRED: Total gross receipts for filing threshold purposes. Multiply line 10a by line 9g, and add line 10b ............................................................................................................................................................ 11. 00 PART 1: CORPORATE INCOME TAX Unitary Business Groups: Amounts reported for all members on Form 4897 must be summed and carried to the corresponding line on Form 4891. 12. Federal taxable income. (Amount includes agricultural activities. See instructions.) ....................................... 12. 00 13. Miscellaneous (see instructions) ..................................................................................................................... 13. 00 14. Adjustments due to decoupling of Michigan depreciation from IRC § 168(k). If adjustment is negative, enter as negative: a. Net bonus depreciation adjustment ............................................. 14a. 00 b. Gain/loss adjustment on sale of eligible depreciable asset(s) ..... 14b. 00 c. Add lines 14a and 14b. If negative, enter as negative.............................................................................. 14c. 00 15. Add lines 12, 13 and 14c. If negative, enter as negative ................................................................................. 15. 00 16. For a UBG, total group eliminations from business income (see instructions). All other filers, enter zero ...... 16. 00 17. Business Income. Subtract line 16 from line 15. (UBGs, see instructions.) If negative, enter as negative ... 17. 00 Additions to Business Income 18. Interest income and dividends derived from obligations or securities of states other than Michigan ................ 18. 00 19. Taxes on or measured by net income including tax imposed under CIT .......................................................... 19. 00 20. Any carryback or carryover of a federal net operating loss (enter as a positive number) ................................. 20. 00 21. Royalty, interest, and other expenses paid to a related person that is not a UBG member of this taxpayer .... 21. 00 22. Expenses from the production of oil and gas, and/or minerals (see instructions) ............................................ 22. 00 23. Miscellaneous (see instructions) ..................................................................................................................... 23. 00 24. Total Additions to Income. Add lines 18 through 23......................................................................................... 24. 00 25. Corporate Income Tax Base After Additions. Add lines 17 and 24. If negative, enter as negative............ 25. 00 + 0000 2022 12 01 27 9 Continue and sign on Page 2 |
Enlarge image | 2022 Form 4891, Page 2 of 2 Taxpayer FEIN PART 1: CORPORATE INCOME TAX (Continued) Subtractions from Business Income 26. Income from non-unitary FTEs (Enter loss as negative; include Form 4898; see instructions) ......................... 26. 00 27. Dividends and royalties received from persons other than U.S. persons and foreign operating entities ........ 27. 00 28. Interest income derived from United States obligations .................................................................................. 28. 00 29. Income from the production of oil and gas, and/or minerals (see instructions) ................................................ 29. 00 30. Miscellaneous (see instructions) ..................................................................................................................... 30. 00 31. Total Subtractions from Income. Add lines 26 through 30 .............................................................................. 31. 00 32. Corporate Income Tax Base. Subtract line 31 from line 25. If negative, enter as negative ......................... 32. 00 33. Apportioned Corporate Income Tax Base. Multiply line 32 by percentage on line 9g ..................................... 33. 00 34. Apportioned Income from non-unitary FTEs from Form 4898 (see instructions)............................................. 34. 00 35. Total apportioned Corporate Income Tax Base. Add line 33 and line 34 ......................................................... 35. 00 36a. Available CIT business loss carryforward (see instructions). Enter as positive. .............................................. 36a. 00 36b. Check if any loss on line 36a was acquired in this filing period in an IRC 381(a)(1) or (2) transaction (see instructions) 37. Subtract line 36a from line 35. If negative, enter here as negative. A negative number here is the available business loss carryforward to the next filing period (see instructions) ............................................................ 37. 00 38. Corporate Income Tax Before Credit. Multiply line 37 by 6% (0.06). If less than zero, enter zero .............. 38. 00 PART 2: TOTAL CORPORATE INCOME TAX 39. Small Business Alternative Credit (SBAC) from Form 4893, line 14 or line 18, whichever applies ................. 39. 00 40. Tax Liability after SBAC. Subtract line 39 from line 38 ................................................................................. 40. 00 41. Tax Liability after CIT Historic Preservation Credit from Form 5793, line 11. If less than or equal to $100, enter zero. If apportioned or allocated gross receipts are less than $350,000, enter zero (see instr.). . 41. 00 42. Total Recapture of Certain Business Tax Credits from Form 4902 .................................................................. 42. 00 43. Total Tax Liability. Add lines 41 and 42 ............................................................................................................ 43. 00 PART 3: PAYMENTS AND TAX DUE UBGs include on lines 44 through 47 payments from all members as reported on Form 4897. 44. Overpayment credited from prior period return (MBT or CIT) ......................................................................... 44. 00 45. Estimated tax payments .................................................................................................................................. 45. 00 46. Tax paid with request for extension ................................................................................................................. 46. 00 47. Michigan tax withheld ...................................................................................................................................... 47. 00 48. Payment total. Add lines 44 through 47. .......................................................................................................... 48. 00 49. TAX DUE. Subtract line 48 from line 43. If less than zero, leave blank ........................................................... 49. 00 50. Underpaid estimate penalty and interest from Form 4899, line 38 .................................................................. 50. 00 51. Annual Return Penalty (see instructions) ........................................................................................................ 51. 00 52. Annual Return Interest (see instructions) ........................................................................................................ 52. 00 53. PAYMENT DUE. If line 49 is blank, go to line 54. Otherwise, add lines 49 through 52 .................................. 53. 00 PART 4: REFUND OR CREDIT FORWARD 54. Overpayment. Subtract lines 43, 50, 51 and 52 from line 48. If less than zero, leave blank (see instructions) .. 54. 00 55. CREDIT FORWARD. Amount on line 54 to be credited forward and used as an estimate for next CIT tax year ... 55. 00 56. REFUND. Subtract line 55 from line 54 ........................................................................................................... 56. 00 Taxpayer Certification. I declare under penalty of perjury that the information in this Preparer Certification. I declare under penalty of perjury that this return and attachments is true and complete to the best of my knowledge. return is based on all information of which I have any knowledge. Preparer’s PTIN, FEIN or SSN By checking this box, I authorize Treasury to discuss my return with my preparer. Authorized Signature for Tax Matters Preparer’s Business Name (print or type) Authorized Signer’s Name (print or type) Date Preparer’s Business Address and Telephone Number (print or type) Title Telephone Number Return is due April 30 or on or before the last day of the 4th month after the close of the tax year. WITHOUT PAYMENT. Mail return to: WITH PAYMENT. Pay amount on line 53. Mail check and return to: Michigan Department of Treasury, Michigan Department of Treasury, PO Box 30804, Lansing MI 48909. Make check payable to “State of Michigan.” Print taxpayer’s FEIN, the tax PO Box 30803, Lansing MI 48909 year, and “CIT” on the front of the check. Do not staple the check to the return. + 0000 2022 12 02 27 7 |
Enlarge image | Instructions for Form 4891 Corporate Income Tax Annual Return Affiliated Group Election. Purpose To calculate the Corporate Income Tax (CIT) for standard In Michigan, a UBG with members that are corporations taxpayers. Insurance companies should file the Insurance must file Form 4891. A Designated Member (DM) must file Company Annual Return for Michigan Corporate Income the return on behalf the of standard members the of group. In and Retaliatory Taxes (Form 4905) and Financial Institutions a parent-subsidiary controlled group, the controlling member should file the CIT Annual Return for Financial Institutions must serve as DM if it has nexus with Michigan. If it does (Form 4908). not have nexus with Michigan, the controlling member may appoint any member with nexus to serve as DM. When A standard taxpayer is an entity that is a C Corporation, an filling out the forms supporting this return, fields that require entity that has elected to be taxed federally as a C Corporation “taxpayer” information should be filled with the name and for the tax year, or a Unitary Business Group (UBG) that Federal Employer Identification Number (FEIN) the of DM. includes members that are C Corporations or entities that have elected to be taxed federally as a C Corporation for the tax Tax Year of a UBG: A taxpayer that is a UBG must file a year. combined return using the tax year the of DM. The combined return the of UBG must include each tax year each of member Instructions for UBGs whose tax year ends with within or the tax year the of DM. For example, Taxpayer ABC UBG is a comprised three of standard NOTE: UBGs must complete a copy of the Michigan members: Member A, the DM with a calendar tax year, and Corporate Income Tax Data on Unitary Business Group Members B and C with fiscal years ending March 31 and Members (Form 4897) for each member of the UBG before September 30, respectively. Taxpayer ABC’s tax year isthat of completing Form 4891. Amounts reported for all members on its DM. For this group 2022, in that annual return will include Form 4897 must be summed and carried the to corresponding Member A’s calendar year ending December 31, 2022, the tax line on Form 4891. year ofMember B ending March 31, 2022, and the tax year of Under the CIT, corporation means an entity that is a C Member C ending September 30, 2022. Corporation has or elected file to federally Corporation as a C The gross receipts ofUBGa is the sum the of gross receipts of for the tax year. A taxpayer is a corporation, an insurance each member included the in UBG, other than person a subject company, a financial institution, UBG or a that liable is for tax, to the tax insurance as an company financial or institution, less interest, penalty. or any gross receipts arising from transactions between members A UBG is a group of United States persons that are included inthe UBG. Gross receipts of each member should corporations, insurance companies, or financial institutions, reflect the accounting method that member used tocompute its other than foreigna operating entity, that satisfies the following federal taxable income. criteria: The business income of a UBG is the sum of the business • Control Test: One theof persons owns controls,or directly income of each member included in the UBG, other than a or indirectly, more than 50 percent theof ownership interest person subject to the tax as an insurance company or financial with voting rights (or rights comparable votingto rights) of institution, less any items of income and related deductions the other members; AND arising from transactions (including dividends) between • Relationship Test: The UBG has operations which result members included in the UBG. Business income of each in a flow of value between the members in the UBG or has member should reflect the accounting method that member used operations that are integrated with, are dependent upon, or to compute its federal taxable income. contribute to each other. Flow of value is determined by In general, components used determine to tax liability relate to reviewing the totality factsof and circumstances businessof the group as a single taxpayer, not to the individual members activities and operations. that comprise the group. Exceptions to this general rule are United States person is defined in the Internal Revenue Code noted in instructions to the applicable forms. The group of (IRC) § 7701(a)(30). members on the combined return is treated as the taxpayer (a distinct entity) for purposes the of Income Tax Act. A foreign operating entity means a United States corporation information can be found at that would otherwise be a part of a UBG that is taxable in Additional www.michigan.gov/ Michigan; has substantial operations outside the United States, taxes . Select “Business Taxes” from the items near the top of the District of Columbia, any territory or possession of the the page, and click on “Corporate Income Tax.” Also review Administrative Bulletin (RAB) 2018-12, United States except for the commonwealth of Puerto Rico, or Revenue Unitary a political subdivision of the foregoing; and at least 80 percent Business Group Control Test And Relationship Tests . Click on of its income is active foreign business income as defined in “Reports and Legal” from the items near the top of the page, IRC § 871(l )(1)(B)(ii ). then click on “Revenue Administrative Bulletins.” A UBG may alternatively be determined by making an Also see “Notice to Taxpayers Regarding Labelle Management Inc v Department of Treasury.” This notice is found under 15 |
Enlarge image | “News and Information” at www.michigan.gov/taxes. 4891 theyas apply theto DM. Taxpayer Certification Amended Returns: To amend a current or prior year annual return: complete the CIT Amended Annual Return A return filed by a UBG must be signed by an individual (Form 4892) that is applicable for the year that is being authorized to sign on behalf of the DM. Provide a telephone amended. Include a copy of an amended federal return or number for that individual at the DM’s office. Treasury will a signed and dated Internal Revenue Service (IRS) audit only discuss the return with the authorized signer. document, if applicable. Complete and file all schedules, all forms and all attachments filed with the original return, The Affiliated Group Election even if not amending information on those schedules. The affiliated group election allows a group of persons that Do not include a copy of the original return with the satisfy the definition of “affiliated group,” (see below) to elect amended return. to be treated as a UBG under the CIT even if those persons Refund Only: If apportioned or allocated gross receipts are do not satisfy the relationship test of MCL 206.611(6). The less than $350,000 and there nois recapture anyof credits, and relationship test is discussed in the Instructions for UBGs on the taxpayer filingis Form 4891 toclaim a refund of estimates this form and online at www.michigan.gov/taxes. paid, skip lines 12through 43 and lines through49 53. The term “affiliated group” means that term as defined in UBGs: If combined apportioned allocatedor gross receipts of section 1504 of the IRC except that 1) the term includes all members lessis than $350,000 after eliminations and there all United States persons that are corporations, insurance is no recapture of any credits and the taxpayer is filing Form companies, or financial institutions, other than a foreign 4891 solely toclaim a refund of estimates paid, the UBG may operating entity, and 2) the entities listed in (1) are commonly follow the “Refund Only” instructions for claiming a refund. owned, directly or indirectly, by any member of such affiliated However, the DM must include Form a 4896, necessary, if and group and other members of which more than 50 percent of a Form 4897 for each member included the in UBG. the ownership interests with voting rights or ownership interests that confer comparable rights to voting rights of Public Law 86-272: If a taxpayer’s business activity is the member is directly or indirectly owned by a common protected under Public Law (PL) 86-272, and the taxpayer owner or owners. wishes toclaim a refund, the taxpayer must file a Form 4891. When filing this form, leave lines 12 through 41 and lines 49 A taxpayer makes the election by affirmatively indicating so on through 53 blank and include an attachment explaining the the annual return (see line 7b). The affiliated group members circumstances of the PL 86-272 protection. Lines 42 and 43 are treated as members of a UBG for all purposes. However, must becompleted to report any recapture credits. of the affiliated group election does not affect the determination of the flow-through entities with which the taxpayer is unitary UBGs: If all members of the UBG are claiming PL 86-272 for apportionment purposes. Once an election is made, it is protection, then the UBG will leave lines 12 through 41 and irrevocable and binding for the tax year plus the next 9 tax lines 49 through 53 blank and include a statement explaining years. See MCL 206.691(2) for more information. the circumstances of the PL 86-272 protection for each member . Lines 42 and 43 must be completed to report any recapture of credits. However, as long as one member of a UBG General Instructions has nexus with Michigan and exceeds the protections of PL 86- Dates must beentered in MM-DD-YYYY format. 272, all members of the UBG — including members protected For periods less than 12 months, see the “General Information under PL 86-272 — must be included when calculating the for Standard Taxpayers” section in the Michigan CIT for UBG’s Corporate Income Tax base and apportionment formula. Standard Taxpayers booklet (Form 4890). As a result, all UBG members must complete Form 4897 for the purpose of this return. Members with PL 86-272 protection are Every standard taxpayer with nexus in Michigan and with not taxable; however, PL 86-272 will only remove income from apportioned allocatedor gross receipts of$350,000 or more and the apportionable CIT tax base when all members of the UBG whose CIT tax liability greateris than $100 must file annualan are protected under PL 86-272. CIT return. (The gross receipts filing threshold does not apply to insurance companies or financial institutions.) Businesses Line-by-Line Instructions that operate less than 12 months must annualize their gross Lines not listed are explained on the form. receipts to determine if a filing requirement exists. For a UBG, the $350,000 filing threshold calculatedis after elimination of Line 1: If not a calendar-year taxpayer, enter the beginning intercompany transactions. See the instructions for line 11 on and ending dates (MM-DD-YYYY) that correspond to the calculating gross receipts for filing theshold purposes. taxable period included in this return. If the taxpayer is operating business for a period less than 12 Tax year means the calendar year, or the fiscal year ending months, the apportioned or allocated gross receipts for filing during the calendar year, on which the tax base of a taxpayer purposes must annualized be and then compared the to $350,000 is computed. If a return is made for a part of a year, tax year threshold. means the period for which the return is made. Generally, a taxpayer’s tax year is for the same period as is covered by its UBGs: Complete Form 4897 and, if necessary, Form 4896 federal income tax return. before beginning Form 4891. Answer lines 1 through 7 of Form 16 |
Enlarge image | Line 2: Enter the taxpayer’s name. If a UBG, enter the name of administered by Treasury, or continues to exist but has the DM. stopped doing business in Michigan, do not use this line. A Line 3: Use the taxpayer’s FEIN. Be sure to use the same discontinuance may be processed by updating the account by account number on all forms. Also, the taxpayer’s FEIN from using the Michigan Treasury Online (MTO) Web site. Visit line 3 must be repeated in the proper location on page 2. michigan.gov/mtobusiness for more information. NOTE: Unless already registered, taxpayers must register UBGs: Leave this line blank. This information will be with the Michigan Department of Treasury before filing a included, if needed, on Form 4897. tax return. Taxpayers are encouraged to register online at Line 7a: Check this box if filing a UBG return and include www.michigan.gov/businesstaxes . Taxpayers that register a Form 4897 for every member (including the DM) whose with Treasury online receive their registration confirmation activity is included in this UBG return. Also file a Form 4896, within seven days. if necessary. If the taxpayer does not have an FEIN, the taxpayer must NOTE: Every UBG must check this box, regardless of obtain an FEIN before filing the CIT. The Web site whether it has elected under PA 266 of 2013, as described in the www.michigan.gov/businesstaxes provides information on line 7b instructions. obtaining an FEIN (under “New Business Registration”). Line 7b: Enter here the end date — in an MM-DD-YYYY Returns received without a registered account number will format — of the tax year in which the affiliated group election not be processed until such time as a number is provided. is first made . The election lasts 10 years and is irrevocable. UBGs: Enter the FEIN of the DM for this UBG. Calendar year filers that made this election beginning 2013, and Line 4: Enter the complete address, including the two-letter fiscal filers that made this election beginning with the 2013- country code. See the list of country codes in Form 4890. 14 fiscal year, completed the Michigan Corporate Income Tax Affiliated Group Election to File as a Unitary Business Group NOTE: Any correspondence regarding the return filed and/ (Form 5114) to make the election. Enter here the end date — in or refund will be sent to the address provided on this form. an MM-DD-YYYY format — of the tax year for which Form The taxpayer’s primary address in Treasury files, identified as 5114 was filed. the legal address and used for all purposes other than refund and correspondence on a specific CIT return, will not change Taxpayers that first make this election beginning calendar unless the taxpayer files a Notice of Change or Discontinuance year 2014 or later do not use Form 5114 , which is now (Form 163) with Treasury. discontinued. Instead, make the election on this line of the return filed for the first year of the election, by entering the end UBGs: Enter the address of the DM for this UBG. date of that filing period in an MM-DD-YYYY format. FOREIGN FILERS: Complete the address fields as follows: Check this box if the taxpayer has sales from Line 8: Address: Enter the postal address for this taxpayer. transportation services. Taxpayers that check this box also must complete lines 9a through 9g. To calculate Michigan Sales City: Enter the city name for this taxpayer. DO NOT from Transportation Services, see the instructions for line 9 include the country name in this field. and the table in the “Sourcing of Sales to Michigan” section of State: Enter the two-letter state or province abbreviation. the general instructions in Form 4890. If there is no applicable two-letter abbreviation, leave this UBGs: If at least one member of the UBG has sales from field blank. services, check this box. transportation ZIP/Postal Code: Enter the ZIP Code or Postal Code. Line 9: For a Michigan-based taxpayer, all sales are Michigan Country Code: Enter the two-letter country code sales unless the taxpayer is subject to tax in another state or provided in Form 4890. foreign country. A taxpayer is subject to a tax in another state or foreign country if the taxpayer is subject to a business privilege Line 5: Enter the entity’s six-digit North American Industry tax, a net income tax, a franchise tax measured by net income, Classification System (NAICS) code. For a complete list of a franchise tax for the privilege of doing business, a corporate six-digit NAICS codes, see the U.S. Census Bureau Web stock tax, or if the state or foreign country has jurisdiction to site at www.census.gov/eos/www/naics/ , or enter the same subject the taxpayer to one or more of the above listed taxes, NAICS code used when filing the entity’s federal Form 1120, regardless of whether the tax is actually imposed on the taxpayer. Schedule K. The CIT is based only on business activity apportioned or UBGs: Enter here the NAICS code for the principal activity of to Michigan. A taxpayer that is not subject to tax in allocated the group. If no principal activity is available, enter the NAICS other state or foreign country is subject to CIT on its entire one code used when filing the DM’s federal Form 1120, Schedule income tax base. corporate K. If the taxpayer is able to apportion its tax base, then its tax base Line 6: Enter the date, if applicable, on which the taxpayer will be apportioned to Michigan based on sales. Sale or Sales discontinued its business in Michigan or went out of existence. means the amounts received by the taxpayer as consideration NOTE: If the taxpayer is still subject to another tax from the following: 17 |
Enlarge image | • The transfer of title to, or possession of, property that is information on eliminations, see the instructions to line 17. stock in trade or other property of a kind which would properly be included in the inventory of the taxpayer if on An FTE is an entity that, for the applicable tax year, is treated hand at the close of the tax period, or property held by the as a subchapter S Corporation under section 1362(a) of the IRC, a general partnership, a trust, a limited partnership, a limited taxpayer primarily for sale to customers in the ordinary course of its trade or business. For intangible property, the liability partnership, or a limited liability company that is not amounts received will be limited to any gain received from taxed as a C Corporation for federal income tax purposes. the disposition of that property. A taxpayer is unitary with an FTE if the taxpayer: • Performance of services which constitute business activities. • Owns or controls, directly or indirectly, more than 50% of the • The rental, leasing, licensing, or use of tangible or ownership interests with voting rights (or ownership interests intangible property, including interest that constitutes that confer comparable rights to voting rights) of the FTE; AND business activity. • The taxpayer and FTE have activities or operations which • Any combination of business activities described above. result in a flow of value between the taxpayer and the FTE, or • For taxpayers not engaged in any other business activities, between the FTE and another FTE unitary with the taxpayer, sales include interest, dividends, and other income from or has business activities or operations that are integrated with, investment assets and activities and from trading assets and are dependent upon, or contribute to each other. activities. The determination of whether a taxpayer is unitary with an Complete the Apportionment Calculation using amounts for FTE is made at the taxpayer level. If the taxpayer at issue is the taxpayer’s business activity only. Do not include amounts a UBG, the ownership requirement will be made at the UBG received from an interest in a Partnership, S Corporation, or level. So, if the combined ownership of the FTE by the UBG is greater than 50%, then the ownership requirement will be LLC. satisfied. Use the information in the “Sourcing of Sales to Michigan” section of the general instructions in Form 4890. NOTE: PA 266 of 2013 authorizes an affiliated group election that applies an alternate test for finding a unitary NOTE: Only transportation services are sourced using relationship between corporations. This act DID NOT create revenue miles. To the extent the taxpayer has business activities a corresponding “affiliated group” test for finding a unitary or revenue streams not from transportation services, those sales relationship between a corporation and an FTE. The existence should be sourced according to the applicable guidance in the of a unitary relationship between a corporation and an FTE “Sourcing of Sales to Michigan” section of Form 4890. is still based exclusively on the two-part test described in the preceding bullet points. Line 9a-9e: NOTE: If any amount in line 9a through 9e is zero, enter zero. All lines must be completed. Line 9b: If the taxpayer is unitary with an FTE or FTEs, enter on this line the total proportionate amount of Michigan sales Line 9a: Enter the Michigan sales that are directly attributable attributed to these flow-through entities in column J on Form to the taxpayer. 4900. For more information see the instructions for Form 4900. Transportation services that source sales based on revenue If an amount is entered on this line, then Form 4900 must be miles: Enter on this line the taxpayer’s total sales multiplied completed and included with the filing of this form. by the ratio of Michigan revenue miles over revenue miles Enter on this line the entire amount of total Michigan UBGs: everywhere as provided in the “Sourcing of Sales to Michigan” sales attributed to all flow-through entities that are unitary with chart for that type of transportation service. Revenue mile a member of the group. For each member of the group, add the means the transportation for consideration of one net ton in amount reported on Form 4897, line 14, of all members of the weight or one passenger the distance of one mile. group, and enter the sum here. UBGs: Enter on this line the entire amount of Michigan sales Line 9d: Enter the total sales that are directly attributable to of all members in the group after eliminations. For more the taxpayer. information see the instructions for Form 4897. Transportation services that source sales based on revenue For each member reported on Form 4897, calculate the miles: Enter on this line the total sales that are directly member’s Michigan sales as follows: from the amount reported attributable to the taxpayer. on Form 4897, line 13, subtract the amount reported on Form 4897, line 15. Add the calculated Michigan sales amount of all NOTE: Only transportation services are sourced using revenue members of the group, and enter the total sum here. miles. To the extent the taxpayer has business activities or revenue streams not from transportation services, those sales Taxpayers that have a unitary relationship with a Flow- should be sourced according to the applicable guidance in the Through Entity (FTE), but are not part of a CIT unitary “Sourcing of Sales to Michigan” section of Form 4890. group of corporations (i.e., line 7a is not checked): Do not include on this line Michigan sales made by the taxpayer to UBGs: Enter on this line the entire amount of total sales of all an FTE that is unitary with the taxpayer and is included on members in the group after eliminations. For more information FTEs that are Unitary with the Taxpayer (Form 4900). In other see the instructions for Form 4897. For each member reported words, enter this line net of eliminations with the FTE. For more on Form 4897, calculate the member’s total sales as follows: 18 |
Enlarge image | from the amount reported on Form 4897, line 16, subtract the EXCEPTION: Do not include imputed gross receipts from amount on Form 4897, line 18. Add the calculated total sales any FTE in which the taxpayer is a non-unitary owner, and the amount of all members of the group, and enter the total here. FTE has made avalid election to file the Michigan Business Tax (MBT) for a tax year that ends with or within the taxpayer’s tax Taxpayers that have a unitary relationship with an FTE, year. See instructions for line 12 for explanation of 2013 PA 233. but are not part of a CIT unitary group of corporations (i.e., line 7a is not checked): Do not include on this line Single filers, use the “Worksheet on Flow-Through Gross sales made by the taxpayer to an FTE that is unitary with Receipts” (at the end of the following “Gross Receipts the taxpayer and is included on Form 4900. In other words, Checklist”) to calculate the imputed apportioned or allocated enter this line net of eliminations with the FTE. For more gross receipts from each FTE. information on eliminations, see the instructions to line 17. UBGs: Add the amount on Form 4897, line 20, reported for all Line 9e: If the taxpayer is unitary with an FTE or FTEs, members of the group, and enter the sum here. UBG members enter on this line the total proportionate amount of total sales reporting a period of less than 12 months with this group attributed to these FTEs in column O on Form 4900. For more return must annualize their apportioned FTE gross receipts information see the instructions for Form 4900. If an amount on a member by member basis. Use each member’s number of is entered on this line, then Form 4900 must be completed and months reported in the group’s tax year. Once all applicable included with the filing of this form. members’ FTE gross receipts are annualized, carry all members’ gross receipts from line 20 of Form 4897 to line 10b. UBGs: Enter on this line the entire amount of total sales attributed to all flow-through entities that are unitary with a Gross Receipts Checklist member of the group. Add the amount reported on Form 4897, NOTE: This checklist is not intended to be all encompassing. line 17 of all members of the group, and enter the sum here. Receipts include, but are not limited to: Line 10a: Enter the amount of total, unapportioned gross receipts received by the taxpayer. DO NOT include flow- Receipts • (sales price) from the sale of assets used in a through gross receipts on this line. business activity. • Sale of products. Gross receipts means the entire amount received by the taxpayer from any activity, whether in intrastate, interstate, Services • performed. or foreign commerce, carried out for direct or indirect gain, • Gratuities stipulated on abill. benefit, or advantage to the taxpayer or to others, with certain • Sales tax collected on the sale of tangible personal property. exceptions. Use the checklist in the instructions to line 10b as a • Dividend and interest income. guide to be sure receipts have been totaled correctly. Taxpayers • Gross commissions earned. and tax professionals are expected to be familiar with uncommon situations within their experience, which produce • Rents. gross receipts not identified by the checklist. • Royalties. Non-UBG taxpayers reporting for a period of less than 12 • Professional services provided. months: Report actual gross receipts on this line. • Sales of scrap and other similar items. UBGs: Enter on this line the entire amount of gross receipts of • Receipts from the production of oil and gas. all members in the group after eliminations. For each member • Client reimbursed expenses not obtained in an agency reported on Form 4897, calculate the member’s gross receipts capacity. net of eliminations as follows: from the amount reported on exclude: Receipts Form 4897, line 19a, subtract the amount reported on Form 4897, line 19b. Combine the resulting gross receipts net of • Proceeds from sales by a principal that are collected in eliminations amounts of all members of the group, and enter an agency capacity solely on behalf of the principal and the total here. delivered to the principal. • Amounts received as an agent solely on behalf of the UBG members reporting for a period of less than 12 months must report actual gross receipts on Form 4897 line 19a, and principal that are expended by the taxpayer under certain then annualize their gross receipts net of eliminations on a circumstances. member by member basis. For each member reporting a period • Amounts excluded from gross income of a foreign of less than 12 months, from the amount reported on Form 4897, corporation engaged in the international operation of line 19a, subtract line 19b, and annualize the result using that aircraft under section 883(a) of the IRC. member’s number of months reported in the group’s tax year. • Amounts received by an advertising agency used to acquire Once all applicable members’ gross receipts net of elimination advertising media time, space, production, or talent on are annualized, carry the sum of all members’ gross receipts net behalf of another person. of eliminations, annualized as applicable, to Form 4891, line 10a. • received by a person that manages real property Amounts Line 10b: Enter the allocated or apportioned imputed gross owned by a client that are deposited into a separate account receipts from all unitary or non-unitary FTEs from which the kept in the name of the client and that are not reimbursed taxpayer receives adistributive share of income. and are not indirect payments for management services provided to that client. 19 |
Enlarge image | • Proceeds from the original issue of stock, equity Gross Receipts Filing Threshold: Taxpayers with allocated or instruments, or debt instruments. apportioned gross receipts of less than $350,000 do not have to • Refunds from returned merchandise. file a CIT return and do not have to pay the tax imposed by the CIT. For periods less than 12 months, this amount must be • Cash and in-kind discounts. annualized. To annualize this amount, multiply the taxpayer’s • Trade discounts. total apportioned or allocated gross receipts by 12 and divide • Federal, State or local tax refunds. the result by the number of months in the taxpayers’ tax year. • Security deposits. Do not enter annualized figures on this line. • Payment of the principal portion of loans. UBGs: Calculate the apportioned gross receipts for filing • Value of property received in a like-kind exchange. threshold purposes by multiplying the amount on line 10a by the apportionment percentage on line 9g, and adding to that product • Proceeds from a sale, transaction, exchange, involuntary the amount on line 10b. Because amounts entered on lines 10a conversion, or other disposition of tangible, intangible, and 10b represent the sum of annualized member figures (when or real property that is a capital asset as defined in section applicable), no further annualization is required on line 11. 1221(a) of the IRC or land that qualifies as property used in the trade or business as defined in section 1231(b) of the 1: CORPORATE INCOME TAX PART IRC, less any gain from the disposition to the extent that gain is included in federal taxable income. Line 12: Federal taxable income, as reported on this line, is defined for CIT purposes to include carryback and carryover • Proceeds from an insurance policy, settlement of a claim, of federal net operating losses. Note that these amounts will or judgment in a civil action, less any proceeds that are be added back, for CIT purposes, in the Additions to Business included in federal taxable income. Income section, below. • Proceeds from the taxpayer’s transfer of an account receivable, if the sale that generated the account receivable For a tax-exempt taxpayer, business income means only that was included in gross receipts for federal income tax part of federal taxable income (as defined for CIT purposes) purposes. This provision will not apply to a taxpayer that derived from unrelated business activity. both buys and sells any receivables during the tax year. Agricultural activities: Include income from agricultural activities on line 12. Farm activity by entities subject to the CIT WORKSHEET ON FLOW-THROUGH GROSS RECEIPTS is not exempt. A taxpayer must complete the following calculation for each Flow-Through Entity (FTE), whether unitary or not, that does not elect to file an MBT Exempt income (loss) from certain flow-through entities return for this tax year and from which the taxpayer receives distributive (FTEs): 2013 Public Act 233 provides that, in the case of an share of income. The amount in line 5 of this worksheet for each FTE must FTE that made the election to remain taxable under the MBT, be added, and the sum carried to Form 4891, line 10b. each member of the FTE that does not file as a member of a Do not include imputed gross receipts from any FTE in which the unitary business group with the FTE shall disregard all items taxpayer is a non-unitary owner and the FTE has made a valid election to file the MBT for a tax year that ends with or within this member’s tax year. attributable to that member’s ownership interest in the electing FTE for all purposes of the CIT. If the taxpayer filing this form 1. FTE’s gross receipts that fall owns an interest in an FTE that files an MBT return for the with or within the taxpayer’s tax FTE’s tax year that ends with or within this taxpayer’s tax year, year included in this return ........ 1. 00 the taxpayer’s distributive share of income (loss) from such 2. Percentage of the FTE’s FTE will be exempt from the taxpayer’s corporate income tax. income or loss received by the However, do not exclude the exempt income (loss) on line 12 . taxpayer..................................... 2. % The corporate income tax base attributable to such FTE will be 3. Gross receipts amount before removed via Form 4891, line 26, and Form 4898. apportionment. Multiply line 1 by line 2 ...................................... 3. 00 UBGs: Add Form 4897, line 21, of all members and enter sum 4. FTE’s apportionment here. percentage (Michigan sales Line 13: There are currently no miscellaneous items to be divided by total sales)*............... 4. % entered on this line. Leave this line blank. 5. Flow-through gross receipts to be imputed to the taxpayer. Line 14: Adjustments are required for all assets placed into Multiply line 3 by line 4 .............. 5. 00 service after December 31, 2007, for which bonus depreciation was taken. *Line 4: If the FTE is unitary with the taxpayer, use the apportionment percentage from line 9g. Otherwise, use the FTE’s apportionment UBGs: Add Form 4897, line 23, of all members and enter sum percentage. here. Line 14a: For the computation of business income for CIT, Line 11: Calculate the taxpayer’s total apportioned gross persons who claimed a federal bonus depreciation deduction receipts for filing threshold by multiplying Line 10a by the under IRC § 168(k) on property first placed in service in 2008 percentage on Line 9g, and adding that amount to Line 10b. or later must calculate the net bonus depreciation adjustment Do not leave this field blank. on those assets as follows: net bonus depreciation adjustment in tax year equals the total federal depreciation claimed in tax 20 |
Enlarge image | year less the total amount of depreciation that would be claimed CIT purposes). Reduce this addition by any expenses related to in the federal return in the tax year if the person had elected the foregoing income that were disallowed on the federal return not to utilize the bonus depreciation allowance under IRC § by IRC § 265 and § 291. 168(k). A person may not elect IRC § 179 expensing of an asset Add Form 4897, line 26 of all members and enter sum UBGs: for MBT or CIT purposes if it did not elect to use IRC § 179 for here. that asset federally. Line 19: Enter all taxes on or measured by net income that are Line 14b: For the computation of business income for CIT deducted on the taxpayer’s federal return, including city and purposes, persons who claimed a federal bonus depreciation state taxes, Foreign Income Tax, and Federal Environmental deduction under IRC § 168(k) on property first placed in Tax. This includes, but is not limited to, the following, to the service in 2008 or later and subsequently disposed of that extent deducted in arriving at federal taxable income for this property in the current tax year must calculate the gain/ tax period: loss adjustment on the sale of those assets as follows: gain/ loss adjustment in tax year equals the total amount of federal • Tax imposed under the Michigan CIT depreciation that would be claimed on the federal return over • The Business Income Tax portion imposed under the MBT the years (starting the year the asset was placed in service and • The taxpayer’s direct or indirect share of income taxes paid ending in the current tax year) if the person had elected not to by a flow-through entity and deducted by that flow-through utilize the bonus depreciation allowance under IRC § 168(k) on entity in arriving at the net income included in this taxpayer’s the property being disposed LESS the total federal depreciation federal taxable income. claimed over the years (starting the year asset was placed in service and ending in the current tax year). A person may not UBGs: Add Form 4897, line 27, of all members and enter sum elect IRC § 179 expensing of an asset for MBT or CIT purposes here. if it did not elect to use IRC § 179 for that asset federally. Line 20: Enter any net operating loss carryback or carryover that Line 14c: UBGs: Add Form 4897, line 23c, of all members and was deducted in arriving at federal taxable income (as defined for enter sum here. CIT purposes). Enter this amount as a positive number. Line 16: UBGs: Add Form 4897, line 24, of all members and UBGs: Add Form 4897, line 28, of all members and enter sum enter sum here. here. NOTE: Elimination, where required, applies to transactions Line 21: Enter, to the extent deducted in arriving at federal between any members of the UBG. For example, if the UBG taxable income (as defined for CIT purposes), any royalty, includes standard taxpayers (not owned by and unitary with a interest, or other expense paid to a person related to the financial institution in the UBG), an insurance company, and taxpayer by ownership or control for the use of an intangible two financial institutions, transactions between a standard asset if the person is not included in the taxpayer’s UBG. taxpayer member and an insurance or financial member are Royalty, interest, or other expense described here is not eliminated whenever elimination is required, despite the fact required to be included if the taxpayer can demonstrate that the that the insurance and financial members are not reported on transaction has a nontax business purpose other than avoidance the combined return filed by standard taxpayer members. of this tax, is conducted with arm’s-length pricing and rates and However, there is no elimination with an otherwise related terms as applied in accordance with IRC § 482 and § 1274(d), entity if the related entity is excluded from the UBG. For and satisfies one of the following: example, consider a group with a U.S. parent, a U.S. subsidiary, • Is a pass through of another transaction between a third and a foreign operating entity subsidiary that would otherwise party and the related person with comparable rates and terms. be a UBG, but the foreign operating entity is excluded from the UBG by definition. The U.S. parent filing a UBG return may Results • in double taxation. For this purpose, double taxation not eliminate intercompany transactions between itself and the exists if the transaction is subject to tax in another jurisdiction. foreign operating entity. • Is unreasonable as determined by the state treasurer. If a transaction between two members of a UBG is reported • The related person (recipient of the transaction) is organized on the group’s current return by one member but reported on under the laws of a foreign nation which has in force a the preceding or succeeding group return by the other member comprehensive income tax treaty with the United States. (due to differing year ends or accounting methods of the UBGs: Add Form 4897, line 29, of all members and enter sum members), the side of that transaction that is included in the here. group’s current filing period must be eliminated. The other side of the same transaction will be eliminated on the group return Line 22: Enter on this line the expenses included on line for the filing period in which the other member reports the 12 that resulted from the production of oil and gas if that transaction. production of oil and gas is subject to Michigan severance tax on oil or gas in 1929 PA 48. Also enter expenses related to the Additions to Business Income income derived from a mineral to the extent that income is Line 18: Enter any interest income and dividends from included on line 30 and that expense was deducted in arriving bonds and similar obligations or securities of states other than at federal taxable income. Michigan and their political subdivisions in the same amount that was excluded from federal taxable income (as defined for UBGs: Add the amount on Form 4897, line 30 of all members 21 |
Enlarge image | and enter the sum here. income derived from a mineral to the extent included in federal Line 23: There are currently no miscellaneous items to be taxable income. entered on this line. Leave this line blank. UBGs: Enter here the sum of Form 4897, line 34 of all members. Subtractions from Business Income Subtractions are generally available to the extent included in Line 30: Eligible licensed marihuana trades or businesses may arriving at federal taxable income (as defined for CIT purposes). subtract ordinary and necessary expenses paid or incurred during the tax year that would be allowed if section 280E Line 26: Complete all other subtractions from business of the internal revenue code were not in effect. Under the income, lines 27 through 30, before completing line 26. Enter Michigan Regulation and Taxation of Marihuana Act (which on this line the sum of all entries in Column C ofNon-Unitary allows for what is often referred to as “recreational” or “adult Relationships with Flow-Through Entities (Form 4898). If an use” marihuana), a marihuana establishment licensed under amount is entered on this line, Form 4898 must be completed that act is allowed a deduction from Michigan income tax for and included with the filing of this form. certain expenses not allowed in arriving at federal taxable To calculate apportionment properly , line 26 removes from income. IRC 280E prohibits a deduction for any amount paid the corporate income tax base the taxpayer’s distributive share or incurred in carrying on a trade or business that consists of income (loss) attributable to a non-unitary flow-through entity of trafficking in Schedule I and II controlled substances (e.g., (FTE). Income or loss received as a distributive share from marihuana). However, the IRC is also structured to recognize a non-unitary FTE is subtracted here (prior to apportionment the cost of goods sold before reaching gross profit, regardless of the CIT tax base on line 33), and apportioned on Form 4898 whether taxpayer is in the business of trafficking in marihuana. according to the FTE’s apportionment factor. The resulting Therefore, any expenses related to cost of goods sold (and any amount from Form 4898 is then added back on line 34. other expenses already allowed in reaching federal taxable income) may not be subtracted from the Michigan base. Flow-through entity means an entity that for the applicable tax year is treated as a subchapter S corporation under section There are no other miscellaneous subtractions that can be 1362(a) of the IRC, a general partnership, a trust, a limited entered on this line. partnership, a limited liability partnership, or a limited liability Line 34: Enter on this line the sum of entries from Column E company, that for the tax year is not taxed as a C corporation of Form 4898. If an amount is entered on this line, Form 4898 for federal income tax purposes. must be completed and included with the filing of this form. See the General Information section of the instructions for UBGs: The amount entered on Line 34 must equal the sum of Form 4898 for an explanation of FTEs with which a taxpayer is all entries in Column E of all Forms 4898 that were filed by the not unitary. UBG. UBGs: The amount entered on line 26 must equal the sum of Line 36a: Enter any unused CIT business loss carryforward all entries in Column C of all Forms 4898 that were filed by that was reported on the CIT return for the immediately the UBG. The amount also will equal the sum of all group preceding tax period on the appropriate group member copy of members’ Forms 4897, line 31. this form as explained below. Only CIT business loss incurred Line 27: Enter, to the extent included in federal taxable income after December 31, 2011, may be entered on this line. (as defined for CIT purposes), any dividends and royalties Business loss means a negative business income tax base after received from persons other than United States persons and allocation or apportionment. The business loss will be carried foreign operating entities, including, but not limited to, amounts forward to the year immediately succeeding the loss year as determined under IRC § 78 or IRC 951 § to 965. an offset to the allocated or apportioned Business Income Tax NOTE: To the extent deducted in arriving at federal taxable base, then successively to the next nine taxable years following income, any deduction under IRC 250(a)(1)(B) should be added the loss year or until the business loss is used up, whichever back on this line (i.e., netted against subtractions made on this occurs first, but for not more than ten taxable years after the loss year. line). UBGs: Add Form 4897, line 32, of all members and enter sum Under PA 13 of 2014, a taxpayer that acquires the assets of here. another corporation in a transaction described under section 381(a)(1) or (2) of the Internal Revenue Code (IRC) may deduct Line 28: To the extent included in federal taxable income (as any CIT business loss carryforward attributable to that other defined for CIT purposes), deduct interest income derived from corporation. Losses acquired via IRC § 381(a) (1) or (2) are United States obligations. reported on this line. UBGs: Add Form 4897, line 33, of all members and enter sum NOTE: CIT business loss carryforward is not the same as a here. federal net operating loss carryover or a Michigan Business Line 29: Enter on this line income from the production of oil Tax (MBT) business loss carryforward, neither of which can be and gas if that production of oil and gas is subject to Michigan claimed as a deduction on a CIT return. severance tax on oil and gas in 1929 PA 48, to the extent that UBGs: If the group created a business loss carryforward in a income was included in federal taxable income. Also enter preceding CIT tax period, Treasury will have maintained that 22 |
Enlarge image | carryforward on the DM’s account. Enter unused carryforwards UBGs: If apportioned or allocated gross receipts after of this type from line 11 of the DM’s copy of Form 4897. intercompany eliminations are less than $350,000, enter zero If a member created a CIT business loss carryforward from on this line. For guidance on how to calculate the taxpayer’s a CIT tax period prior to joining the UBG, Treasury will allocated or apportioned gross receipts, see the instructions to maintain that carryforward on that member’s account, subject Line 11. to use by the group, until it is fully consumed or that member Line 41: If not claiming the CIT Historical Preservation Tax leaves the group. Enter unused carryforwards of this type on Credit, carry the amount from line 40 to line 41. the copy of Form 4897 filed for the member that brought the Line 42: Enter the amount of recapture from line 16 of Form carryforward to the group. 4902. A taxpayer subject to recapture is required to report Business loss carryforward consumed on a return is always and pay the amount of recapture due regardless of whether the oldest available on that return, regardless of whether the taxpayer has $350,000 or more of apportioned or allocated the oldest business loss carryforward was generated by gross receipts. the group, brought by an incoming member, or acquired by a member of the group via IRC § 381. For a business loss PART 3: PAYMENTS AND TAX DUE carryforward acquired via IRC § 381 transaction, the years Line 45: Enter the total estimated CIT tax paid with the CIT of carryforward consumed before acquisition should be Quarterly Tax Return (Form 4913) or the amount of estimated counted when determining the carryforward period remaining. CIT tax paid through Electronic Funds Transfer. Include all Business loss carryforward of a UBG, including business loss payments made on returns that apply to the tax year included carryforward brought by an incoming member and business in this return. For example, calendar year filers include money loss carryforward acquired by the group or its members via paid with the above listed returns for return periods January IRC § 381, ages according to the tax years of the group, rather through December. than tax years of any particular member. UBGs: Include all applicable estimated payments made by the If two members each created carryforwards that are the same members of the UBG for the tax year included in this return. The age, and together they exceed the amount allowable in this amount entered on this line will equal the sum of Form 4897, filing period, those members’ respective carryforwards are line 36, for all members. used in proportion to the amount they contributed to the group. Line 47: Report here Michigan Tax withheld for deferred If a member that generated a carryforward in a prior period compensation plans, life insurance and/or lottery annuities leaves the group, that member will take with it an amount issued to a business account number through MCL 206.703(1). equal to the group’s remaining carryforward from that period Taxpayers can enter the Michigan Tax withheld reported on the multiplied by the amount that member contributed relative W-2G and/or 1099R. to the total amount contributed by all group members for the carryforward in that same period. It is important to review Also report any credit for the taxpayer’s allocated share of a carryforward for the possibility that some or all of it has Michigan flow-through entity (FTE) tax levied on and paid by expired, or that some or all of it was withdrawn from the group an electing flow-through entity. Such an electing flow-through by a departing member. entity should be indirectly owned by this taxpayer. Include a Line 36a is the amount of the business loss carryforward that may copy of the Schedule K-1 with the Schedule K-1 notes, or other be claimed in this filing period. See the “Supplemental Instructions supporting documentation received from the electing flow- for Standard Members in UBGs” in Form 4890 for more through entity, to support the credit claimed on this line. information on the effects of members leaving or joining aUBG. UBGs: Total the entry for all members on Form 4987, line 37, Line 36b: Check this box if any of the business loss reported and carry to Form 4891, line 47. on line 36a was distributed or transferred to this taxpayer in Line 50: If penalty and/or interest are owed for not filing an IRC 381(a) transaction during this filing period. Attach to estimated returns or for underestimating tax, complete the CIT the return astatement of the name, FEIN, business loss amount Penalty and Interest Computation for Underpaid Estimated of each such distributor or transferor corporation, and year the Tax (Form 4899), to compute penalty and interest due. If a business loss was created. taxpayer chooses not to file Form 4899, Treasury will compute Line 37: Subtract line 36a from line 35. Any negative amount on penalty and interest and bill for payment. line 37 is a businessCIT loss which may be carried forward to the 51: Enter the overdue tax penalty. Use the following Line next filing period, except to the extent that all or some portion of “Overdue Tax Penalty” worksheet. Refer to the “Computing this business loss has exceeded its usable life of ten tax years. Penalty and Interest” section in Form 4890 to determine the PART 2: TOTAL CORPORATE INCOME TAX appropriate penalty percentage. Line 40: IMPORTANT: If apportioned or allocated gross receipts are less than $350,000, enter zero on this line. If a WORKSHEET – OVERDUE TAX PENALTY business operated less than 12 months, annualize gross receipts A. Tax due from Form 4891, line 49......... 00 to determine if a filing requirement exists. For instructions on B. Late/extension or insufficient how to calculate the taxpayer’s allocated or apportioned gross payment penalty percentage ................ % receipts, see the instructions to Line 11. C. Multiply line A by line B..................... 00 NOTE: If calculated annual liability is less than or equal to $100, enter zero. 23 |
Enlarge image | * Do not send copies of Federal K-1s. Treasury will request Carry amount from line C to Form 4891, line 51. them if necessary. Line 52: Enter the overdue tax interest. Use the following “Overdue Tax Interest” worksheet. Refer to the “Computing Penalty and Interest” section in Form 4890 to determine the appropriate penalty percentage. WORKSHEET – OVERDUE TAX INTEREST A. Tax due from Form 4891, line 49......... 00 B. Applicable daily interest percentage .. % C. Number of days return was past due ... D. Multiply line B by line C .................... % E. Multiply line A by line D .................... 00 Carry amount from line E to Form 4891, line 52. Line 52 NOTE: If the late period spans more than one interest rate period, divide the late period into the number of days in each of the interest rate periods identified in the “Computing Penalty and Interest” section in Form 4890, and apply the calculations in the “Overdue Tax Interest” worksheet separately to each portion of the late period. Combine these interest subtotals and carry the total to line 52. PART 4: REFUND OR CREDIT FORWARD Line 54: If the amount of the tax overpayment, less any penalty and interest due on lines 43, 50, 51 and 52, enter the difference (as a positive number) on line 53. If the amount is greater than zero, enter on this line. NOTE: If an overpayment exists, a taxpayer may elect a refund of all or a portion of the amount and/or designate all or a portion of the overpayment to be used as an estimate for the next CIT tax year. Complete lines 55 and 56 as applicable. Line 55: If the taxpayer anticipates a CIT liability in the filing period subsequent to this return, some or all of any overpayment from line 54 may be credited forward to the next tax year as an estimated payment. Enter on this line the desired amount to use as an estimate for the next CIT tax year. Line 56: Enter the amount of refund requested. Reminder: Taxpayers must sign and date returns. Preparers must provide a Preparer Taxpayer Identification Number (PTIN), FEIN or Social Security number (SSN), a well as a business name, business address and phone number. Other Supporting Forms and Schedules Federal Forms: Include copies of these forms with the return. • C Corporations: Federal Form 1120 (pages 1 through 6), Schedule D, Form 851, Form 965, Form 4562, Form 4797, and Form 5471. If filing as part of a consolidated federal return, attach a pro forma or consolidated schedule. • Limited Liability Companies: Attach appropriate schedules listed above if the business has elected to be taxed as a C Corporation. • Federally Exempt Entities: In certain circumstances, a federally tax exempt entity must file a CIT return. In those cases, attach federal Form 990-T (pages 1 through 5). 24 |