 |  |  |
 |
|
|
Michigan Business Tax
|
 |
|
C5. How is the alternate credit under MCL 208.1417 used by a unitary business group? How do the disqualifiers and percentage reducers work?
|
|
|
|
Answer:
|
|
The alternate credit (similar to SBT credit commonly known as the small
business credit) "is available to any taxpayer with gross receipts that
do not exceed $20,000,000.00 and with adjusted business income minus the loss
adjustment that does not exceed $1,300,000.00 as adjusted annually for inflation
using the Detroit consumer price index" and subject to certain additional
disqualifiers. MCL 208.1417(1) (emphasis added).
"Taxpayer" is defined as "a person or a unitary business group." MCL
208.1117(5). The gross receipts and adjusted business income thresholds under
MCL 207.1417(1) apply to taxpayers. Thus, for a unitary business group, the
gross receipts and adjusted business income thresholds must be calculated by the
unitary business group by combining the gross receipts and adjusted business
incomes of its members.
The disqualifiers under MCL 208.1417(1)(a) and (b) apply to a taxpayer that
is a unitary business group if such disqualifiers apply to any member of that
unitary business group. For example, a taxpayer that is a unitary business group
is disqualified from taking the alternate credit under MCL 208.1417 if that
unitary business group includes a member that is a partnership and any one
partner of that partnership receives more than $180,000.00 as a distributive
share of the adjusted business income minus loss adjustment of the partnership.
Similarly, the reduction percentages under MCL 208.1417(1)(c) apply to a
taxpayer that is a unitary business group if such reduction percentages apply to
any member of that unitary business group. For example, the alternate credit of
a taxpayer is reduced by 20% if the taxpayer is a unitary business group that
includes a member that is a corporation and the compensation and directors' fees
of an officer of that member corporation exceed $160,000.00 but are less than
$165,000.00.
|
 |