Form 4575 - Michigan Business Tax Loss Adjustment For The Small Business Alternative Credit - 2012 Page 3

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Instructions for Form 4575, Michigan Business Tax (MBT) Loss Adjustment
for the Small Business Alternative Credit
further in these instructions.
Purpose
NOTE: The usage of loss adjustment for one disqualifier does
To reduce the adjusted business income (ABI) or shareholder
not affect the available loss adjustment for the other disqualifier.
allocated income to qualify for the Small Business Alternative
This form will accommodate the separate maintenance of loss
Credit (SBAC) or minimize the reduction percentage required.
adjustment available for the UBG for both the ABI (Group
If the ABI was less than zero in any of the five years
Copy for ABI) and allocated income (separate member copy)
disqualifiers. For years in which a member was not part of the
immediately preceding the tax year for which a credit is being
UBG, the UBG will use that member’s available loss from those
claimed, and the taxpayer received a Small Business Credit
separate years on a first-in, first-out basis until those losses are
(SBC) under the Single Business Tax (SBT) or SBAC under
MBT for that same year, the taxpayer may adjust for the loss
consumed or extinguished.
before figuring eligibility for the SBAC. Business income
If one or more members exceed the shareholder income
for credit purposes is adjusted by using available loss from
disqualifier, only those members with shareholder income
prior years on a first-in, first-out basis until those losses are
disqualifiers must file a Form 4575, using member-only (pro
extinguished. A loss adjustment will not affect a reduction to
forma) figures in lines 4 through 16 on each member form.
the SBAC based on gross receipts that exceed $19,000,000.
If the UBG’s ABI exceeds the threshold, one Form 4575 must be
Also, it will not change the amount of compensation in column
filed to determine the UBG’s business income loss adjustment,
L for a C Corporation on the MBT Schedule of Shareholders
and Officers (Form 4577).
which will be calculated on a group basis (the Group Copy for
ABI, detailed below). For years in which a member was not part
NOTE: Use Part 2 to determine the loss available from the
of the UBG, the UBG will use that member’s available loss from
five preceding periods. Calendar year taxpayers will use
those separate years on a first-in, first-out basis until those losses
the five years prior to the tax year: 2011, 2010, 2009, 2008, and
are extinguished. These amounts are calculated initially at the
one year of SBT, 2007. Fiscal year taxpayers will calculate
member level but used and maintained for use in future years on
using the short-period ending December 31, 2011, the fiscal year
the Group Copy for ABI. Supporting 4575 forms must be filed
ending in 2011, and the fiscal years ending in 2010, 2009 and
by each member who has a loss available from the separate years
2008.
that is used against the UBG’s ABI disqualifier (member forms).
Fiscal Year Filers: See “Supplemental Instructions for
For members who do not exceed the credit’s shareholder income
threshold, only Part 2, lines 10 through 13, of Form 4575 need
Standard Fiscal MBT Filers” in the MBT Forms and
Instructions for Standard Taxpayers (Form 4600) for additional
to be completed on the member form. For members who also
information.
exceed the credit’s shareholder income threshold, lines 4 through
16 of the member form must be completed. Member forms must
NOTE: Although this form is formatted for Corporations, it
be completed using member-only figures.
can be used by other types of entities with minor adjustments.
Shareholder Income Disqualifier
See instructions for further details.
Any member whose shareholder income creates a partial
Special Instructions for Unitary Business
or complete disqualification, and that has loss available to
Groups (UBGs)
resolve that disqualification in whole or in part, must file Form
4575. Leave lines 1 through 3 blank. Complete line 4 (using
The ABI disqualifier must be calculated by the UBG by
a pro forma figure) and lines 5 through 16, all with data for the
combining the ABIs of its members. Likewise, to reduce
reporting member only. For years that the member was part of
an ABI disqualifier of the UBG, loss adjustment must be
the UBG, pro forma figures will be entered in lines 11 through
calculated on a group level and used against the group’s ABI.
13; however, the member cannot complete these lines for a tax
Loss used at the group level is independent of the loss available
year that it was part of the UBG and the UBG did not receive
at the member level.
the SBAC. The member may complete these lines for a tax year
Disqualifiers based on shareholder or partner allocated income
that it was not a member of the UBG and it received the SBC
or SBAC, regardless of whether the UBG received the credit in
must be determined on a member by member basis. If any
shareholder or partner has allocated income in excess of
that same year. Lines 14 through 16 on the member’s Form 4575
$180,000, the loss adjustment must be calculated on a member
will reflect the usage of loss adjustment to resolve the allocated
income disqualifier only. The use of loss adjustment to resolve the
by member basis for any and all members for which it may
ABI disqualifier will be maintained on the Group Copy for ABI.
apply. Loss used at a member level does not reduce the group’s
available loss.
NOTE: If any member still has a total disqualification on this
basis (greater than $180,000) after completing its own Form
NOTE: Members with available loss adjustment must complete
4575 as described above, the UBG is disqualified from the
a copy of Form 4575 using member data, referred to here as a
member copy or member form. The combined UBG member
SBAC. Do not proceed with these instructions. However, if each
data is displayed on a separate Form 4575 identified as “Group
member’s shareholder income disqualification is fully resolved
Copy for ABI.” Details regarding the forms are addressed
or reduced to a partial disqualification by this method, continue
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