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- @072 CHAP 11
-
- @CODE: MI
- @CODE:NF
- ┌───────────────────────────────────────┐
- │ THE MICHIGAN "SINGLE BUSINESS TAX" │
- └───────────────────────────────────────┘
-
- Businesses are taxed in Michigan under a relatively uniform
- tax system, applicable to all forms of business organizations.
- There is no income tax, as such, on business income, although
- the "Single Business Tax" is very much like an income tax,
- albeit with some major differences. To some extent, it also
- substitutes for the Michigan property tax on intangibles as
- well, since intangible assets of a business that is subject
- to the Single Business Tax are exempt from the ad valorem
- tax on intangible property.
-
- Because your firm does business in the state of Michigan, the
- Single Business Tax applies to @NAME.
-
- The tax base for the Single Business Tax, for sole
- proprietorships, partnerships, corporations, joint
- ventures, estates, trusts, financial institutions, joint
- ventures and associations having business activity in
- Michigan is essentially federal taxable income with the
- following adjustments:
-
- . Add back employee compensation;
-
- . Eliminate any interest income received or interest
- expense incurred;
-
- . Deduct the entire cost of capital assets acquired
- during the taxable year ("capital acquisition
- deduction"), but add back the depreciation
- deductions claimed for federal income tax purposes;
-
- . Upon sale of capital assets, the capital acquisition
- deduction is recaptured to the extent of the sales
- proceeds; and
-
- . Exclude 100% of any dividends or oil and gas
- royalties received by corporations subject to the
- Single Business Tax.
-
- Thus, in effect, the Single Business Tax is not an income
- tax but a tax based on value-added or economic size (that
- is, selling price of produced goods less the cost the raw
- material used in production). The tax base and the 2.35%
- tax rate are generally the same for all entities, although
- there are exceptions. Unincorporated businesses and S
- corporations are eligible for a credit against the Single
- Business Tax and, where certain requirements are met,
- partnerships, S corporations and professional corporations
- are eligible for substantial additional statutory exemptions
- of up to $48,000, depending upon the number of partners or
- shareholders.
-
- Under 1994 tax reduction legislation, taxpayers with gross
- receipts of less than $137,500 in 1994 or $250,000 for years
- after 1994 are not required to file. The SBT tax rate is
- also reduced from 2.35% to 2.3%, effective October 1, 1994.
-
- Small business taxpayers may instead pay under an alternative
- tax calculation, where they do not pay the SBT.
-
- Note that the Single Business Tax taxes all businesses as
- though they are corporations, imposing the tax at the entity
- level, even though the business may be conducted as a sole
- proprietorship or partnership.
-
- If the business is unincorporated, or is an S corporation,
- its TAXABLE income passes through to the individual owners
- and is subject to Michigan personal income tax at the
- individual's level, just as for federal income tax purposes.
- The amount taxable to the partners, etc. is determined
- under income tax principles, without regard to the Single
- Business Tax base, which is determined at the entity level.
-
- The Single Business Tax return for a business entity is due
- at the end of the fourth month following its taxable year-end.
-
- The Michigan Single Business Tax law allows a substantial
- tax credit to a person whose gross receipts do not exceed
- $10 million for the current tax year, subject to certain
- limitations, based on maximum levels of "adjusted business
- income."
-
- @IF101MI]-------------------------------------------------------------
- @IF101MI]Applicability to @NAME:
- @IF101MI]Since your firm has averaged over $10 million a year in gross
- @IF101MI]receipts for the last 3 years, it appears unlikely that it
- @IF101MI]would be able to qualify for this credit.
- @IF101MI]-------------------------------------------------------------
- @IF104MI]-------------------------------------------------------------
- @IF104MI]Applicability to @NAME:
- @IF104MI]Since your firm has averaged less than $10 million a year in
- @IF104MI]gross receipts for the last 3 years, it appears that it may
- @IF104MI]able to qualify for this credit.
- @IF104MI]-------------------------------------------------------------
-
- Legislation enacted January 9, 1996 provides that, for those
- businesses that must apportion sales, payroll and property to
- Michigan, the apportionment formula (currently 50%-weighted
- for the sales factor, 25% each for payroll and property
- located in Michigan) will be even more heavily weighted in
- favor of the sales factor. After December 31, 1996, the sales
- factor will increase to 80% (payroll and property factors each
- 10%), and after December 31, 1998, the sales factor will be
- weighted 90%, the other factors only 5% each, in apportioning
- income to Michigan for purposes of the SBT.
-
- The new legislation also broadens the small business exemption
- from the SBT, but reduces the SBT small business credit in
- some instances.