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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 organiza-
- tions. There is no income tax, as such, on business in-
- come, 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 busi-
- ness 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 propri-
- etorships, partnerships, corporations, joint ventures, es-
- tates, trusts, financial institutions, joint ventures and
- associations having business activity in Michigan is essen-
- tially federal taxable income with the following adjust-
- ments:
-
- . 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 acquisi-
- tion deduction is recaptured to the extent of the
- sales proceeds; and
-
- . Exclude 100% of any dividends or oil and gas roy-
- alties 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 exemp-
- tions 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 alterna-
- tive 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 en-
- tity level, even though the business may be conducted as a
- sole proprietorship or partnership. If the business is un-
- incorporated, 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 tax-
- able 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 loca-
- ted in Michigan) will be even more heavily weighted in favor
- of the sales factor. After December 31, 1996, the sales fac-
- tor 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.