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C44. Are the MEGA credits under the MBT (MCL 208.1431) the same as the MEGA credits under the SBT?

No. Although many of the MEGA credits available under the SBT - such as those under MCL 208.37c(1), 208.38g(20)(a)(i), and 208.38g(20)(b)(i) - are also available under the MBT, the MBT also expands the available MEGA credits. For example, the SBT MEGA credit offered under MCL 208.37c(1) was limited to the payroll of the authorized business attributable to employees who perform qualified new jobs multiplied by the IIT tax rate. Under the MBT, the credit limit is expanded to both payroll and health care benefits. MCL 208.1431(1)(a) (effective April 28, 2008). In addition, the MBT offers new MEGA credits to certain qualified high-technology businesses and businesses that would not have qualified for any MEGA credits under the SBT but meet alternative criteria set forth under section 8(9) and 8(11) of the MEGA Act (MCL 207.808). However, the MEGA Business Activity Credit available under the SBT is no longer available under the MBT.

Whether a taxpayer is eligible or authorized to claim a MEGA credit under the MBT is determined by the MEGA Act. This was also true under the SBT.

For further details on the MEGA credits available to taxpayers, please see MCL 208.1431.

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