Form 4575 - Michigan Business Tax Loss Adjustment For The Small Business Alternative Credit - 2013 Page 3

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Instructions for Form 4575, Michigan Business Tax (MBT) Loss Adjustment
for the Small Business Alternative Credit
Copy for ABI) and allocated income (separate member copy)
Purpose
disqualifiers. For years in which a member was not part of the
To reduce the adjusted business income (ABI) or shareholder
UBG, the UBG will use that member’s available loss from those
allocated income to qualify for the Small Business Alternative
separate years on a first-in, first-out basis until those losses are
Credit (SBAC) or minimize the reduction percentage required.
consumed or extinguished.
If the ABI was less than zero in any of the five years
If one or more members exceed the shareholder income
disqualifier, only those members with shareholder income
immediately preceding the tax year for which a credit is being
disqualifiers must file a Form 4575, using member-only (pro
claimed, and the taxpayer received an SBAC under MBT for
forma) figures in lines 4 through 16 on each member form.
that same year, the taxpayer may adjust for the loss before
figuring eligibility for the SBAC. Business income for credit
If the UBG’s ABI exceeds the threshold, one Form 4575 must be
purposes is adjusted by using available loss from prior years
filed to determine the UBG’s business income loss adjustment,
on a first-in, first-out basis until those losses are extinguished.
which will be calculated on a group basis (the Group Copy for
A loss adjustment will not affect a reduction to the SBAC
ABI, detailed below). For years in which a member was not part
based on gross receipts that exceed $19,000,000. Also, it will
of the UBG, the UBG will use that member’s available loss from
not change the amount of compensation in column L for a C
those separate years on a first-in, first-out basis until those losses
Corporation on the MBT Schedule of Shareholders and Officers
are extinguished. These amounts are calculated initially at the
(Form 4577).
member level but used and maintained for use in future years on
NOTE: Use Part 2 to determine the loss available from the
the Group Copy for ABI. Supporting 4575 forms must be filed
five preceding periods. Calendar year taxpayers will use
by each member who has a loss available from the separate years
the five years prior to the tax year: 2012, 2011, 2010, 2009 and
that is used against the UBG’s ABI disqualifier (member forms).
2008. Fiscal year taxpayers will calculate using the short period
For members who do not exceed the credit’s shareholder income
threshold, only Part 2, lines 10 through 13, of Form 4575 need
beginning January 1, 2012 and ending in 2012, the short period
ending December 31, 2011, and the fiscal years ending in 2011,
to be completed on the member form. For members who also
2010 and 2009.
exceed the credit’s shareholder income threshold, lines 4 through
16 of the member form must be completed. Member forms must
NOTE: Although this form is formatted for Corporations, it
be completed using member-only figures.
can be used by other types of entities with minor adjustments.
Shareholder Income Disqualifier
See instructions for further details.
Any member whose shareholder income creates a partial
Special Instructions for Unitary Business
or complete disqualification, and that has loss available to
Groups (UBGs)
resolve that disqualification in whole or in part, must file Form
4575. Leave lines 1 through 3 blank. Complete line 4 (using
The ABI disqualifier must be calculated by the UBG by
a pro forma figure) and lines 5 through 16, all with data for the
combining the ABIs of its members. Likewise, to reduce
an ABI disqualifier of the UBG, loss adjustment must be
reporting member only. For years that the member was part of
the UBG, pro forma figures will be entered in lines 11 through
calculated on a group level and used against the group’s ABI.
13; however, the member cannot complete these lines for a tax
Loss used at the group level is independent of the loss available
year that it was part of the UBG and the UBG did not receive
at the member level.
the SBAC. The member may complete these lines for a tax year
Disqualifiers based on shareholder or partner allocated income
that it was not a member of the UBG and it received the SBAC,
must be determined on a member by member basis. If any
regardless of whether the UBG received the credit in that same
year. Lines 14 through 16 on the member’s Form 4575 will reflect
shareholder or partner has allocated income in excess of
$180,000, the loss adjustment must be calculated on a member
the usage of loss adjustment to resolve the allocated income
disqualifier only. The use of loss adjustment to resolve the ABI
by member basis for any and all members for which it may
apply. Loss used at a member level does not reduce the group’s
disqualifier will be maintained on the Group Copy for ABI.
available loss.
NOTE: If any member still has a total disqualification on this
NOTE: Members with available loss adjustment must complete
basis (greater than $180,000) after completing its own Form
a copy of Form 4575 using member data, referred to here as a
4575 as described above, the UBG is disqualified from the
SBAC. Do not proceed with these instructions. However, if each
member copy or member form. The combined UBG member
data is displayed on a separate Form 4575 identified as “Group
member’s shareholder income disqualification is fully resolved
Copy for ABI.” Details regarding the forms are addressed
or reduced to a partial disqualification by this method, continue
below to compute the groupwide ABI loss adjustment required.
further in these instructions.
NOTE: The usage of loss adjustment for one disqualifier does
Adjusted Business Income Disqualifier
not affect the available loss adjustment for the other disqualifier.
This disqualifier is calculated at the group level. If the UBG
This form will accommodate the separate maintenance of loss
has ABI in excess of $1,380,600, the UBG must complete one
adjustment available for the UBG for both the ABI (Group
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