Form 4580 - Michigan Business Tax Unitary Business Group Combined Filing Schedule For Standard Members - 2012 Page 8
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19data using MBT Unitary Business Group Combined Filing
Schedule for Financial Institutions (Form 4752), which
Example B: UBG B is composed of the following:
supports the lead financial form, MBT Annual Return for
• Four members that would be standard (see below)
unless owned by a financial institution
Financial Institutions (Form 4590).
• Three financial institutions (all with nexus in Michigan)
Financial institutions include any of the following:
• Two insurance companies.
• A bank holding company, a national bank, a state chartered
All members of UBG B are owned by and unitary with
bank, an office of thrift supervision chartered bank or thrift
one of the financial institutions in the UBG. Due to this
institution, or a savings and loan holding company other than
ownership by a financial institution, the four members that
a diversified savings and loan holding company as defined
otherwise would be standard are defined by statute to be
in 12 United States Code (USC) 1467a(a)(1)(F) or a federally
financial institutions. (See definition of financial institution
chartered Farm Credit System institution.
earlier in these instructions.) Therefore, this UBG will not
• Any person, other than a person subject to the tax imposed
file a Form 4580 or Form 4567. Seven members will file a
under Chapter 2A of the MBT Act (Insurance Companies), that
combined return on Form 4590, supported by Form 4752,
is directly or indirectly owned by an entity described above and
listing the two insurance members as excluded affiliates on
is a member of the UBG.
Part 3 of Form 4752. The two insurance companies each
• A UBG of entities described in either or both of the
will file a stand-alone Form 4588.
preceding two bullets.
Each insurance company member will file separately, using the
To complete this form and prepare a combined return, the UBG
Insurance Company Annual Return for Michigan Business and
must select a DM.
Retaliatory Taxes (Form 4588). Because insurance companies
A UBG combined return of standard taxpayers is filed
always file separately, rather than on a combined return, there
under the name and FEIN or TR number of the DM of the
is no MBT insurance form that serves a function similar to that
standard taxpayer group. Designated Member means a UBG
of Form 4580 and Form 4752.
member that has nexus with Michigan and will file the
combined MBT return on behalf of the standard members of
Example A: UBG A is composed of the following:
the group. In a brother-sister controlled group, any member
with nexus may be designated to serve as DM. In a parent-
• Four standard members
• Three financial institutions (all with nexus in Michigan)
subsidiary controlled group or a combined controlled group
(an interlocking combination of a parent-subsidiary group
• Two insurance companies.
and a brother-sister group), the controlling member must
All members of UBG A are owned by and unitary
serve as DM if it has nexus with Michigan. If it does not have
with one of the standard members of the UBG. UBG A
nexus, the controlling member may appoint any member
will need to file Form 4567, supported by Form 4580,
with nexus with Michigan to serve as DM. That DM must
containing the four standard members and Form
continue to serve as such every year, unless it ceases to be a
4590, supported by Form 4752, containing the three
group member, or no longer has nexus with Michigan, or the
financial institutions. In Part 1 of Form 4580 or Form
controlling member attains Michigan nexus. The filing period
4752, only the members that are included on that form
of a combined return is based on the tax year of the DM.
(either the four standard members, or the three financial
If a UBG is comprised of both standard taxpayers and financial
institutions) will be listed. Form 4580 with standard
institutions, the UBG will have two DMs (one for the standard
members will be prepared under the name and Federal
Employer Identification Number (FEIN) or Michigan
taxpayer members completing Form 4567 and related forms,
and one for the financial institution members completing
Treasury (TR) assigned number of the group’s standard
Form 4590 and related forms).
DM. One of the financial institutions will serve as DM
for those three members and file Form 4590, supported
Role of the DM: The DM speaks, acts, and files the MBT return
by Form 4752. On Part 3 of Form 4580, list all financial
on behalf of the group for MBT purposes. Only the DM may
file a valid extension request for the group. Treasury maintains
and insurance members. On Part 3 of Form 4752, list all
standard and insurance members. The two insurance
the group’s MBT tax data (e.g., prior MBT returns, business
companies each will file a stand-alone Form 4588.
loss carryforward, tax credit carryforward, overpayment credit
forward) under the DM’s name and account number. The
DM must be of the same taxpayer type (standard or financial
institution) as the members for which it files a combined return.
Line-by-Line Instructions
Lines not listed are explained on the form.
Dates must be entered in MM-DD-YYYY format.
Do not enter data in boxes filled with Xs.
For additional guidance, see the “Supplemental Instructions for
112
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