Form 4585 - Michigan Business Tax Investment Tax Credit Recapture From Sale Of Assets Acquired Under Single Business Tax - 2012 Page 5

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recapture rate of SBT ITC by year cannot be higher than the
2) Taxpayers used the excess compensation reduction
figure calculated under Method A for any year.
method to calculate the SBT liability for that taxable
year: calculate the credit rate as instructed on C 8000ITC,
NotE: For taxpayers whose amount of SBT ITC used is the
line 26 for that taxable year, and multiply that rate by the
same as the amount of SBT ITC created, the three methods
percentage on C-8000S, line 6. Enter the result on column
should yield the same result. The amount of SBT ITC used is
E for that tax year.
the same as the amount of SBT ITC created when a taxpayer is
○ Line 5, columns A and B: Leave lines blank.
able to fully utilize all SBT ITC carryforward by their 2009 tax
year return. It occurs when:
○ Line 4, column E: Divide the amount in column C by
• Taxpayer is a calendar year filer (tax year ends in
the amount in column B, for each taxable year in column
A, and enter as a percentage.
December): 2009 MBT Form 4569, lines 2 and 3, are equal for
the latest 2009 tax year return filed.
○ Lines 6, 7, and 8: leave all lines blank.
• Taxpayer is a fiscal year filer (tax year ends before
• Method B:
December): 2008 MBT Form 4569, line 4, equals zero for the
○ Line 4, columns A through D: Gather all C-8000ITC
latest 2009 tax year return filed.
forms filed for tax years beginning on or after January
1, 2000. (If an amended C-8000ITC was filed, use the
Complete line 4 and line 5 according to the method chosen, as
figures from the amended form, not the original.) Sort
explained below:
all the returns in chronological order of taxable year end
• Method A:
date, from earliest to latest date. Starting with the Form
○ Line 4, columns A through D: Enter the tax year
C-8000ITC for the earliest applicable SBT filing period,
end date of each acquisition year of disposed assets that
enter the information requested on the table for each
triggered SBT ITC recapture.
(Those dates should be
taxable year (use one row for each return).
the same as appear in column A of lines 1-3.) For each
UBGs: Fill set of Part 2, and Table I (found on the
year displayed in column A, enter Form C-8000ITC
following page) for each member of the group who
information required in the appropriate column, using
disposed of assets that triggered SBT ITC recapture in the
return data specific from each applicable tax year. If the
current tax year.
amount of column C is zero for a particular year, and the
○ Line 5, columns A and B: Starting with Form 4569
amount on C-8000ITC, line 10 for that year is larger than
for the earliest 2008 and latest 2009 applicable MBT filing
zero, taxpayers may not enter zero on column E if the
taxpayers fall in either of the two categories explained
period, enter the information requested on table.
UBGs: During tax years ending in 2008 and 2009, UBG
below, and must do the appropriate calculations as follows:
1) Taxpayers used the straight method to calculate the
groups were allowed to offset the group liability by
claiming member’s SBT ITC credit carryforward. When
SBT liability for that taxable year: calculate the credit rate
as instructed on C-8000ITC, line 26 for that taxable year,
completing line 5, column B, enter the portion amount of
and enter the result on column E; or
the total group SBT ITC credit carryforward used by the
METHOD SUMMARY TABLE
TYPE OF METHOD
PROS
CONS
• Easy to calculate.
• Method does not take into account the extent to
Method A
• Taxpayer or UBG member disposing of ITC
which the ITC was used.
asset only need to enter information on line 4 for
years in which assets that trigger recapture were
acquired.
• Takes into account the extent to which the ITC
• Taxpayers must fill lines 4, 5, 6, Table I at
Method B
was used.
the end of the instructions, and enter necessary
information in Treasury webtool.
• Information on line 4 must be entered for all
years in which assets were bought and ITC was
claimed, whether or not those assets were disposed
in the current tax year.
• Taxpayers complete line 4, column E.
• Taxpayer needs to develop own calculation
Method C
procedure that reflects the MBT statute. Retain
records to substantiate calculation.
145

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