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Fi19. Under the Michigan Income Tax Act, MCL 206.367, a film production company that seeks a film production credit must either withhold Michigan income tax on the payments it makes to a PEO/PSC or, alternatively, it must insure that the PEO/PSC ha

It is expected that a film production company seeking a film production credit in Michigan will have a physical presence and employees in this state. An accompanying registration with the Michigan Department of Treasury should exist to enable the film production company to submit the Michigan income tax withheld from employee wages. The film production company should report and pay Michigan income tax withheld from payments made to PEO/PSCs using the same returns and payment processes used for reporting and paying their employee withholding.

A PEO/PSC should issue W-2s to their employees with an allocated portion of the amount withheld by the film production company reported on the W-2 for each employee. A PEO/PSC should also submit copies of those W-2s to the Michigan Department of Treasury accompanied by a letter explaining the situation and identifying the film production companies that withheld and submitted payment to the Department.


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