Form 4898 - Michigan Corporate Income Tax: Non-Unitary Relationships With Flow-Through Entities - 2014 Page 3

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Instructions for Form 4898
Corporate Income Tax: Non-Unitary Relationships with Flow-Through Entities
persons that are C corporations, insurance companies, or
Purpose
financial institutions, other than a foreign operating entity,
that satisfies the control test and one of two relationship tests.
The purpose of this form is to gather information on the
distributive share of flow-through income received throughout
If an Affiliated Group Election is made (see instructions
the tax year by taxpayers or members of a Unitary Business
for Form 4891), the UBG also includes all members of the
Group (UBG) from directly or indirectly owned flow-through
affiliated group, as defined in IRC 1504 except that the group
entities (FTEs) that are not unitary with the taxpayer, where the
includes only US persons (no foreign persons or foreign
flow-through income received is included in the taxpayers’ or
operating entities) that are corporations, financial institutions
UBG member’s federal taxable income figure.
or insurance companies that satisfy the control test and have
made the election to file as a UBG. Once the election is made,
General Information
the Affiliated Group is treated as a UBG for all purposes. See
the General Instructions in the CIT Forms and Instructions
This form is intended to only be used for a Corporate Income
for Standard Taxpayers (Form 4890) for more information on
Tax (CIT) taxpayer (or member of a UBG) to report the
UBGs.
distributive income it received from its interests in FTEs that
are not unitary with that taxpayer or UBG. This form must
NOTE: An FTE owned directly or indirectly by a taxpayer or
be filed by any taxpayer that has received a distributive share
a member of a UBG may or may not be unitary with a taxpayer
of income from an FTE that the taxpayer is not unitary with.
or UBG member. This form asks for information only on the
flow-through entities that are NOT unitary with the taxpayer or
If the taxpayer is a UBG, then each member of the UBG that
has received a distributive share of income from an FTE that
UBG member. For those flow-through entities that are unitary
the UBG is not unitary with must file this form. If more space
with the taxpayer, use the CIT Unitary Relationships with FTEs
is needed, include additional copies of Form 4898 as needed.
(Form 4900).
Repeat the taxpayer’s and UBG member’s name and Federal
Employer Identification Number (FEIN) (if applicable) at the
Line-by-Line Instructions
top of every copy of Form 4898.
Lines not listed are explained on the form.
Flow-through entity means an entity that for the applicable
Name and Account Number: Enter name and account number
tax year is treated as a subchapter S corporation under section
as reported on page 1 of the CIT Annual Return (Form 4891).
1362(a) of the internal revenue code, a general partnership, a
trust, a limited partnership, a limited liability partnership, or a
Unitary Business Groups (UBGs): Complete one form for
limited liability company, that for the tax year is not taxed as a
each member that is a C Corporation (including an entity taxed
C corporation for federal income tax purposes.
federally as such). Enter the Designated Member’s (DM’s)
name and FEIN in the Taxpayer Name and FEIN fields and the
An FTE is unitary with a taxpayer when that taxpayer owns
name and FEIN of the member to whom the schedule applies
or controls, directly or indirectly, more than 50 percent of the
on the line below.
ownership interests with voting rights or ownership interests
that confer comparable rights to voting rights of the FTE, and
Column A and B: Identify each FTE by name and FEIN.
that has business activities or operations which result in a
Column C: Enter the total amount of distributive income
flow of value between the taxpayer and the FTE, or between
received from the non-unitary FTE that is included in the
the FTE and another FTE unitary with the taxpayer, or has
taxpayer’s or UBG member’s federal taxable income. If the
business activities or operations that are integrated with, are
taxpayer or UBG member received a distributive loss from the
dependent upon, or contribute to each other.
non-unitary FTE that is included in its federal taxable income,
The determination of whether a taxpayer is unitary with an
enter that loss in this column as a negative. UBG members
FTE is made at the taxpayer level. If the taxpayer at issue is
will enter the amount of distributive income that the member
a UBG, the ownership requirement will be made at the UBG
received from each non-unitary FTE. For each UBG member,
the sum of all distributive share of flow-through income
level. So, if the combined ownership of the FTE by the UBG is
greater than 50 percent, then the ownership requirement will be
received and entered on column C shall equal the amount
satisfied.
entered on line 32 of the CIT Data on Unitary Business Group
Members (Form 4897).
NOTE: PA 266 of 2013 authorizes an affiliated group
election that applies an alternate test for finding a unitary
RECENT STATUTORY CHANGE: Under PA 233 of 2013,
relationship between corporations. This act DID NOT create
if a FTE listed here has made a valid election to remain in
a corresponding “affiliated group” test for finding a unitary
the Michigan Business Tax for this filing period, and files a
relationship between a corporation and an FTE. The existence
Michigan Business Tax (MBT) return for its tax year that ends
of a unitary relationship between a corporation and an FTE is
with or within the tax year of the CIT taxpayer, distributive
income allocated by that FTE to the corporate owner filing
still based exclusively on the traditional two-part test described
above.
this return shall not be reported here or elsewhere on this CIT
return.
Unitary Business Group means a group of United States
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