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B38. May a taxpayer that has no MBT filing obligation for 2008 file Form 4593 (documenting the future section 201(2)(i) deduction regarding the book-tax difference) as a free-standing form,in order to preserve the possibility of taking

No,Form 4593 may not be filed as a free-standing form. Form 4593 was designed to establish an offset for future use to a deferred liability required by GAAP for the transition from SBT to MBT. The transition period is generally in 2007 after enactment of the MBT legislation,and there is only one opportunity for MBT taxpayers to file Form 4593,documenting their book-tax difference and preserving their entitlement to claim certain future deductions based upon that calculation. Persons who are not subject to the MBT in 2008 or who were not subject to the SBT would not have established a deferred liability for the transition from SBT to MBT,and therefore will not be eligible to take the section 201(2)(i) deduction. Such persons therefore have no need to file Form 4593.

For MBT taxpayers,the Department will require that Form 4593 be filed together with the taxpayer's 2008 annual MBT return (with a valid extension extending the deadline for filing Form 4593,as well). The Department will only accept Form 4593 from MBT taxpayers in conjunction with their 2008 annual MBT return.

However,SBT taxpayers who have no 2008 MBT liability because they fail to meet the filing threshold,but who record a one-time book-tax difference under GAAP in the accounting period that includes the enactment of the MBT,may file a zero liability MBT return for 2008,along with Form 4593.

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