Form 4580 - Michigan Business Tax Unitary Business Group Combined Filing Schedule For Standard Members - 2012 Page 13
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19the payment, made on or after July 12, 2011, to subcontractors
F. Excess MGR Tax collected.
to transport freight by motor vehicle under a contract specific to
If line D is less than line E, enter the
that freight to be transported by motor vehicle.
difference. Otherwise, enter zero.
Carry amount to Form 4580, Part 2A,
Attach a letter to explain the activity that qualifies for this
line 29 .................................................
subtraction and the date of the payment. Include your NAICS
00
code.
Line 30: Business income means that part of federal taxable
Enter on this line the gross receipts included on line 17, which
income derived from business activity. For MBT purposes,
result from the agricultural activity of a person whose primary
federal taxable income means taxable income as defined in
activity (i.e., more than 50 percent of gross receipts) is the
IRC § 63, except that federal taxable income shall be calculated
production of agricultural goods.
as if section 168(k) [as applied to qualified property placed in
Enter on this line the gross receipts included on line 17 which
service after December 31, 2007] and IRC § 199 were not in
effect. For a Partnership or S Corporation (or LLC federally
result from the production of oil and gas if that production of
oil and gas is subject to the Severance Tax on Oil or Gas, 1929
taxed as such), business income includes payments and items of
income and expense that are attributable to business activity of
PA 48.
the Partnership or S Corporation and separately reported to the
Line 28: Enter amount of the MBT Modified Gross Receipts
(MGR) Tax collected in the tax year.
partners or shareholders.
MCL 208.1203(5) permits new motor vehicle dealers licensed
Use the Business Income Worksheet (Worksheet 4746) in Form
under the Michigan Vehicle Code, PA 300 of 1949, MCL 257.1
4600 to calculate business income. Attach Worksheet 4746
to the return. The worksheet will calculate business income
to 257.923, and dealers of new or used personal watercraft to
as defined by law in most circumstances. Taxpayers and tax
collect the MGR Tax in addition to the sales price. The statute
professionals are expected to be familiar with uncommon
states that the “amount remitted to the Department for the
situations within their experience, which produce business
[Modified Gross Receipts Tax] ... shall not be less than the
income not identified by specific lines on the worksheet, and
stated and collected amount.” Therefore, the entire amount
of the MGR Taxes stated and collected by new motor vehicle
report that amount on the most appropriate line. Treasury may
adjust the figure resulting from Worksheet 4746 to account
dealers and new or used personal watercraft dealers must be
remitted to Treasury. There should be no instance in which
properly for such uncommon situations.
a dealer collects amounts of the MGR Tax from customers
For an organization that is a mutual or cooperative electric
in excess of the amount of MGR taxes remitted to Treasury.
company exempt under IRC § 501(c)(12), business income
Eligible taxpayers that elect to separately collect the MGR
equals the organization’s excess or deficiency of revenues
Tax from customers in addition to sales price may include the
over expenses as reported to the federal government by those
collected tax as part of their estimated payments.
organizations exempt from the federal income tax under the
IRC, less capital credits paid to members of that organization,
NOTE: Only new motor vehicle dealers and dealers of new or
used personal watercraft are permitted to separately itemize
less income attributed to equity in another organization’s net
income, and less income resulting from a charge approved by a
and collect a tax imposed under the MBT Act from customers
state or federal regulatory agency that is restricted for a specified
in addition to sales price, and that authority is limited to only
purpose and refundable if it is not used for the specified purpose.
the MGR Tax imposed and levied under MCL 208.1203. The
statute does not authorize separate itemizing and collection of
For a tax-exempt person, business income means only that
the Business Income Tax or surcharge by any person.
part of federal taxable income (as defined for MBT purposes)
derived from unrelated business activity.
Line 29: A member that is a dealer of personal watercraft or
new motor vehicles that collected MGR Tax from customers
For an Individual or an estate, or for a Partnership or Trust
by separate statement on the invoice during the tax year, as
organized exclusively for estate or gift planning purposes,
entered in line 28, should complete the following worksheet to
business income is that part of federal taxable income (as
determine excess MGR Tax collected.
defined for MBT purposes) derived from transactions,
activities, and sources in the regular course of the member’s
WORKSHeeT –
trade or business, including the following:
eXCeSS MGR TAX COLLeCTeD
• All income from tangible and intangible property if the
A. Pro forma apportionment percentage
acquisition, rental, management, or disposition of the property
%
from Form 4580, Part 2A, line 16a .....
constitutes integral parts of the member’s regular trade or
B. Modified gross receipts from
business operations.
Form 4580, Part 2A, line 27. If MGR
• Gains or losses incurred in the member’s trade or
00
is less than zero, enter zero .................
C. Apportioned MGR tax base.
business from stock and securities of any foreign or domestic
corporation, and dividend and interest income.
00
Multiply line B by line A ....................
D. Pro forma MGR Tax before credits.
• Income derived from isolated sales, leases, assignment,
Multiply line C by 0.8% (0.008) .........
licenses,
divisions,
or
other
infrequently
occurring
00
dispositions, transfers, or transactions involving property if
E. Enrichment prohibition, amount from
00
Form 4580, Part 2A, line 28 ...............
117
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