The Michigan 807 form, known formally as the Composite Individual Income Tax Return, is issued by the Michigan Department of Treasury for partnerships, S Corporations, or other flow-through entities to file their tax returns. This form, applicable for the entities that do business in Michigan and have nonresident members, simplifies the tax filing process by allowing these entities to file a single composite return instead of multiple individual returns. For those needing to file this form, click the button below to start the process.
The Michigan 807 form, officially designated for the 2004 Michigan Composite Individual Income Tax Return, signifies a critical compliance document for partnerships, S Corporations, and other flow-through entities operating within Michigan’s jurisdiction. This form, which needs to be completed with precision in either blue or black ink, plays a pivotal role in ensuring entities and their constituents adhere closely to the stipulations outlined by P.A. 281 of 1967, as amended. Governed by a strict filing deadline of April 15, 2005, for the tax period it covers, the form encapsulates vital information ranging from basic identification details of the entity, including the Partnership or S Corporation’s name, to intricate financial data, such as income calculations and tax obligations due to the state. It notably requires attachments, including portions of U.S. 1065 or 1120S forms and detailed lists of both participants and nonparticipants, reinforcing its purpose to provide a comprehensive snapshot of Michigan-sourced income and associated tax liabilities. Furthermore, the form intricately details the process for calculating Michigan apportioned and allocated income, exemptions, and deductions, alongside specifying the mechanisms for tax payments, credits, and refunds. Its layout and demands emphasize not only the state's interest in securing rightful tax contributions but also in offering entities a structured approach to report and rectify their tax standings, highlighting penalties for non-compliance, including the potential for revocation of filing agreements.
Michigan Department of Treasury 807 (Rev. 1-05)
2004 MICHIGAN
Composite Individual Income Tax Return
This return is due April 15, 2005. Type or print clearly in blue or black ink.
This form is issued under authority of P.A. 281 of 1967, as amended. Failure to file may result in the assessment of penalty and interest and could result in the revocation of filing agreement.
1. Name of Partnership, S Corporation or Other Flow-Through Entity
2. Federal Employer Identification or TR Number
3. Mailing Address (Street, P.O. Box or Rural Route No.)
4. City, Village or Township
State
ZIP Code
NOTE: Pages 1, 2 and 3 of the U.S. 1065 or 1120S, the MI-1040H, a list of participants and a list of nonparticipants must be attached to this return. See instructions.
5.
Ordinary income (loss) from line 22 of U.S. 1065 or line 21 of U.S. 1120S
.00
6.
Additions (from line 35, page 2)
7.
Subtotal. Add lines 5 and 6
8.
Subtractions (from line 38, page 2)
9.
Total income subject to apportionment. Subtract line 8 from line 7
10.
Apportionment percentage from MI-1040H. (Caution! See instructions.)
%
11.
Total Michigan apportioned income. Multiply line 9 by the percentage on line 10
12.
Michigan allocated income or (loss) (from line 43, page 2)
13.
Total Michigan income. Add lines 11 and 12
14.
Enter Michigan income that is attributable to Michigan residents
15.
Enter Michigan income that is attributable to nonparticipating nonresidents
16.
Enter Michigan income that is attributable to participants
17.
Exemption allowance (from line 49, page 2)
18.
SEP, SIMPLE or qualified plan deductions (from line 52, page 2)
19.
Add lines 17 and 18
20.
Taxable income. Subtract line 19 from line 16
21.
Tax due. Multiply line 20 by 3.95% (.0395)
22.
Michigan extension payments and credit forward
23.
Withholding tax payments
24.If line 22 plus line 23 is less than line 21, enter TAX DUE.
Include interest
and penalty
, if applicable
PAY 24.
25.
If line 22 plus line 23 is more than line 21, enter overpayment
26.
Amount of line 25 to be credited to your 2005 estimated tax
27.
Subtract line 26 from line 25
REFUND 27.
CERTIFICATION
I declare under penalty of perjury that the information in this return and attachments is true and
I declare under penalty of perjury that this return is based on all
complete to the best of my knowledge. I have obtained the required Power of Attorney from each
information of which I have any knowledge.
of the members of this composite return and my firm will resolve the issue of any tax liability.
Preparer's Name, Address, PTIN and/or FEIN
Filer's Signature
Date
I authorize Treasury to discuss my return with my preparer.
Yes
No
Mailing: Make check payable to "State of Michigan." Write the firm's Federal Employer Identification Number, "Composite
Return" and Tax Year on the check. Mail return with payment (if applicable) to: Composite Return, Michigan Department of Treasury, P.O. Box 30058, Lansing, MI 48909.
www.michigan.gov/treasury
Continued on Page 2
2004 807, Page 2
Name of Partnership, S Corporation or Other Flow Through Entity
Federal Employer Identification or TR Number
ADDITIONS (see instructions)
28.
Net income (loss) from rental real estate activities
29.
Net income (loss) from other rental activities
30.
Portfolio Income (loss) (see instructions):
a. Interest income
30a.
b. Dividend income
30b.
c. Royalty income
30c.
d. Net short-term capital gain (loss) (from U.S. Schedule K)
30d.
e. Net long-term capital gain (loss) (from U.S. Schedule K)
30e.
f. Other portfolio income
30f.
31.
Net gain (loss) under Section 1231
32.
Other income from U.S. Schedule K
33.
State or local taxes measured by income
34.
Other miscellaneous additions (attach schedule)
35.
Total additions. Add lines 28 through 34. Enter here and on line 6
SUBTRACTIONS (see instructions)
36.
Income (loss) from other partnerships, S corp. and fiduciaries included in ordinary income
37.
Other miscellaneous subtractions (attach schedule)
38.
Total subtractions. Add lines 36 and 37. Enter here and on line 8
MICHIGAN ALLOCATED INCOME OR (LOSS)
39.
Guaranteed payments to participants for services performed in Michigan
40.
Income attributable to other Michigan partnerships, S corporations or fiduciaries
41.
Net Michigan capital gains (losses) (from U.S. Schedule D)
42.
Other Michigan allocated income (loss) (see instructions)
43.
Total Michigan allocated income (loss).
Add lines 39 through 42. Enter here and on line 12
EXEMPTION ALLOWANCE
44.
Number of participants included in this agreement
45.
Line 44 times $3,100 exemption allowance
46.
Total Michigan income from line 13
47.
Total distributive income (Total Distributive Income from Distributive Income Worksheet)
48.
Percent of income attributable to Michigan. Divide line 46 by line 47.
(May not exceed 100%.)
49.
Apportioned exemption allowance. Multiply line 45 by the percentage on line 48
Enter here and on line 17
SEP, SIMPLE OR QUALIFIED PLAN SUBTRACTIONS
50.
SEP, SIMPLE or qualified plan subtractions for participants (attach schedule)
51.
Enter the percent of income attributable to Michigan from line 48
52.
SEP, SIMPLE or qualified plan subtractions attributable to Michigan
Multiply line 50 by the percentage on line 51. Enter here and on line 18
2004 807, PAGE 3
Instructions for Form 807, Michigan Composite Individual Income Tax Return
GENERAL INSTRUCTIONS
Who may file a return
Aflow-through entity, defined as partnerships, S corporations, limited partnerships, limited liability companies, or limited liability partnerships, that does business in Michigan and has two or more nonresident partners, shareholders or members (participants). The entity (firm) and participants must agree to comply with the Michigan Department of Treasury (Treasury) rules described below.
Participation Requirements
A member may not participate in this composite return in any of the following cases:
•If he or she is claiming a city income tax credit, public contribution credit, community foundation credit, homeless shelter/food bank credit, college tuition credit or Michigan Historic Preservation Tax Credit.
•If he or she was a Michigan resident (full-year or part-year).
•If he or she wishes to claim more than one Michigan exemption.
Due date of return
The composite return for any tax periods ending in 2004 is due April 15, 2005. The returns for any periods ending in 2005 will be due April 15, 2006.
If the firm cannot file by the due date, a request for an extension can be filed before the original due date. See “Requesting an Extension” on this page.
Composite filers are required to make withholding tax payments on behalf of
all nonresident members (both participating and nonparticipating). The payment of withholding is due quarterly on April 20, July 20, and October 20 of the taxable year and January 20 of the succeeding year. The payment of withholding taxes is remitted on the payment voucher Form 160, Combined Return for Michigan Taxes.
Requesting an extension
The firm may request an extension of time to file by sending payment of the estimated annual liability to Treasury with a copy of an approved federal extension. Any extension allowed by the
Internal Revenue Service for filing the firm’s federal return automatically extends the due date of the composite return to the same extended due date.
If the firm does not apply for a federal extension, request an Application for Extension of Time to File Michigan Tax Returns (Form 4). When completing the extension form, check “Fiduciary Tax” in box 1, use the firm’s name and federal employer identification number (FEIN) and write “composite return” on the form. Follow these special instructions to make sure your account is credited properly.
Payment of the estimated annual liability
must be made with the extension application. When you file your composite return, attach a copy of your extension application to it. Obtain Form MI-1041ES
from www.michigan.gov/treasury, Fiduciary Forms. Download a copy of the quarterly forms and complete one quarterly form. Use the name of the firm and the firm’s FEIN or the recipients Social Security number (SSN). Check the box labeled “CF” at the top of the voucher. Do not use the other three quarterly estimate forms.
Mailing refunds, assessments and correspondence
By signing the Michigan Composite Income Tax Return (Form 807), the signing partner or officer declares that the firm has power of attorney from each participant to file a composite return on his or her behalf. Treasury will mail refund
checks, assessments and all correspondence to the firm at the address indicated on the return. The firm must agree to be responsible for the payment of any additional tax, interest and penalties as finally determined. Issues involving the tax liability reported on a composite return will be resolved with the firm. In unusual circumstances, the department may contact the participants.
Attachments
Attach the following items to the composite return:
•A copy of pages 1, 2 and 3 of the U.S. 1065 or U.S. 1120S .
•A Michigan Schedule of Apportion- ment (Form MI-1040H).
•All required forms MI-NR-K1 for each member of the composite return.
•Two schedules (one for participants and one for nonparticipants) listing each partner’s, shareholder’s or member's name, address, SSN and respective share of Michigan income and/or loss. If the participating member is another flow-through entity, the schedule must include the entity’s name, address, FEIN, and share of Michigan-sourced income, as well as a list of the names, addresses, SSNs and ownership percentages of that entity’s nonresident partners or shareholders.
•A statement signed by an authorized officer or general partner certifying that each participant has been informed of the terms and conditions of this program.
LINE-BY-LINE INSTRUCTIONS
Lines not listed are explained on the form.
Line 10: Enter the apportionment percentage from Form MI-1040H. DO NOT
use the Single Business Tax apportionment percentage from Form C-8000H. The MI-1040H apportionment percentage is NOT weighted and the property factors are based on property owned or rented and USED in Michigan. See MI-1040H instructions for income tax nexus standards.
Line 13: The amount on this line should equal the total of lines 14, 15 and 16.
Line 21: Multiply the amount on line 20 by 3.95 percent (.0395).
Line 23: Enter the amount of withholding tax payments made on behalf of participating members.
Flow-Through Entities. Flow-through entities are required to withhold Michigan income tax on the taxable income available for distribution to nonresident members.
The amount of withholding is calculated and remitted on a quarterly basis by multiplying the share of taxable income allocable to each member, adjusted for the allowable exemption amount for a quarter, times the income tax rate (4.0 percent through June 30, 2004 and 3.9 percent beginning July 1, 2004).
Aflow-through entity is also required to withhold Michigan income tax when one or more of the entity’s members is a
2004 807, PAGE 4
nonresident flow-through entity. The flow-through entity in Michigan shall withhold Michigan income tax from any such nonresident flow-through entity on behalf of all of the nonresident members.
Line 24: If line 22 plus line 23 is less than line 21, enter the balance of the tax due. This is the tax owed with the return. Enter any applicable penalties and interest in the spaces provided. Add tax, penalty and interest together and enter the total on this line. If balance due is less than $1, no payment is required. Make checks payable to “State of Michigan.” Write the firm’s FEIN, “Composite Return,” and the tax year on the front of the check. To ensure accurate processing of your return, send one check for each return type.
Line 27: Refund. Subtract line 26 from line 25. This is the refund. Treasury will not refund amounts less than $1.
Mail your completed return with payment (if applicable) to:
Composite Return
Michigan Department of Treasury
P.O. Box 30058
Lansing, MI 48909
Additions
Distributive Income Worksheet
Column A refers to Distributive Income categories from Schedule(s) K. Column B and C refer to lines on the U.S. 1065 Schedule K and U.S. 1120S Schedule K. Column D is the list of amounts that are added to arrive at total distributive income that is reported on Form 807, line 47.
A
B
C
D
U.S. 1065
U.S. 1120S
Distributive Income
Distributive Income Categories
Schedule K
Amounts
Ordinary income (loss) from trade or business
1
activity
Net income (loss) from rental real estate
2
Net income (loss) from other rental activity
3c
Portfolio income (loss):
Interest income
5
4
Dividend income
6a and 6b
5a and 5b
Royalty income
7
6
Net short-term capital gain (loss)
8
Net long-term capital gain (loss)
9a
8a
Guaranteed payments
Net gain (loss) under section 1231
10
9
Other income (loss)
11
TOTAL DISTRIBUTIVE INCOME
Add all amounts in Column D and carry total to Form 807, line 47.
Lines 28 through 32: Enter income from lines 2, 3c, 4, 5a, 5b, 6, 7, 8a, 9 and 10 of 1120S Schedule K and from lines 2, 3c, 5, 6a, 6b, 7, 8, 9a, 10 and 11 of U.S. 1065 Schedule K. Guaranteed payments, income attributable to other Michigan fiduciaries or flow-through entities should be allocated to Michigan on lines 39 through 42. See instructions below.
Line 33: Enter the amount of state and local income taxes that was used to determine ordinary income on line 22 of the U.S. 1065 or line 21 of the U.S. 1120S.
Line 34: Enter other additions to income, such as gross interest and dividends from obligations or securities of states and their political subdivisions other than Michigan.
Subtractions
Note: Charitable contributions and other amounts reported as itemized deductions on U.S. SCHEDULE A are not allowable subtractions in determining Michigan taxable income.
Line 36: Enter income (loss) from other fiduciaries or other flow-through entities that is included in ordinary income. Losses must be added back to ordinary
income. Attach a schedule showing the location of companies and amount of income attributable to each.
Line 37: Enter amounts such as interest from U.S. obligations that are included in line 30a, and other deductions for AGI (above the line) that were not included in determining ordinary income. This includes section 179 depreciation and amounts included on line 12[d][2] of U.S. 1120S Schedule K and on line 13[d][2] of U.S. 1065 Schedule K. Attach a schedule of all subtractions.
Michigan allocated income or loss
Line 39: Enter the portion of guaranteed payments attributable to services performed in Michigan by the nonresident participants.
Line 40: Enter income from other fiduciaries or other flow-through entities attributable to Michigan that have not been reported on another composite return. Attach a schedule showing the amount of income attributable to each.
Line 41: Enter gains/losses from the sale of real or personal property located in Michigan not subject to apportionment.
Line 42: Enter any other income (loss) allocated to Michigan. Include any Michigan net operating loss deduction (NOLD). Partnerships may include the Section 179 expenses on property located in Michigan as a deduction here. Attach schedules.
Exemption Allowance
Line 47: Enter the total distributive income as determined using the worksheet on this page.
Line 48: Compute the percentage of income attributable to Michigan by dividing total Michigan income (line 46) by the total distributive income (line 47). This figure may not exceed 100 percent.
SEP, SIMPLE or qualified plan subtractions
SEP - Simplified Employee Pensions
SIMPLE - Savings Incentive Match Plan for Employees
Line 50: Figure the portion of SEP, SIMPLE or qualified plan subtractions which is attributable to the participants. Attach a schedule showing calculations.
Filling out the Michigan 807 form, known officially as the Michigan Composite Individual Income Tax Return, is a critical task for certain business entities that have operations in Michigan. This form ensures compliance with state tax obligations by consolidating the income tax reporting of nonresident participants in a flow-through entity, such as partnerships, S corporations, and similar organizations. Careful completion of this form is necessary to avoid possible penalties and interest charges for late or incorrect filings. Taking it step by step can make this complex task more manageable.
Once completed, ensure all necessary documents and schedules outlined in the form instructions are attached before sending it to the mentioned address. It's critical to handle this process with attention to detail to ensure compliance and avoid potential issues. Keep a copy of the entire packet for your records. Adhering to these steps systematically not only simplifies the process but also helps meet the tax obligations efficiently.
The Michigan 807 form, also known as the Michigan Composite Individual Income Tax Return, is used by flow-through entities such as partnerships, S corporations, limited partnerships, limited liability companies, or limited liability partnerships. These entities must have two or more nonresident partners, shareholders, or members and conduct business in Michigan. The form allows these entities to file a composite income tax return on behalf of their qualifying nonresident members.
Flow-through entities conducting business in Michigan that have two or more nonresident participants (partners, shareholders, or members) are required to file the Michigan 807 form. However, participation in the composite return is not allowed if a member is a Michigan resident, claims more than one Michigan exemption, or wishes to claim certain credits.
The due date for the Michigan 807 form aligns with the tax year being reported. For tax periods ending in 2004, the return was due on April 15, 2005. Subsequently, returns for periods ending in subsequent years are due on April 15 of the following year. If an extension is needed, it must be requested before the original due date.
An extension can be requested by sending a payment of the estimated annual tax liability to the Michigan Department of Treasury, along with a copy of the federal extension approval, if applicable. If no federal extension is filed, a separate Michigan extension form (Form 4) should be completed, specifying it's for a "composite return." Payment of the estimated tax liability must accompany the extension request.
Several documents are required when filing the Michigan 807 form:
Entities filing Form 807 are required to withhold Michigan income tax on behalf of both participating and nonparticipating nonresident members. Withholding payments must be made quarterly and are due on specific dates throughout and following the taxable year. These payments are remitted using Form 160, Combined Return for Michigan Taxes.
Taxable income on the Michigan 807 form is determined by subtracting the exemption allowance and any SEP, SIMPLE, or qualified plan deductions from the total Michigan income attributable to participants. The taxable income is then multiplied by the current income tax rate to calculate the tax due.
All payments, including estimated tax payments and payments required with the extension application, should be made payable to "State of Michigan." When mailing the return with payment, ensure the firm's Federal Employer Identification Number, "Composite Return," and the tax year are noted on the check. Correspondence from the Treasury, including refund checks or assessments, will be sent to the firm's address provided on the return. The firm is responsible for resolving any tax liabilities.
Filling out the Michigan 807 form can be challenging due to its complexity and the level of detail required. There are common mistakes that people often make when completing this form, which can lead to the issuance of errors or delays in processing. Being aware of these mistakes can help ensure that your form is completed accurately, improving the likelihood of a smooth submission process.
Avoiding these common mistakes can assist in the accurate completion of the Michigan 807 form. Detailed review and attention to the requirements and instructions of the form are imperative for a successful submission. It may also be beneficial to seek professional advice or assistance if there are uncertainties in completing the form to ensure compliance with all requirements.
When navigating the complexities of Michigan taxation, particularly for flow-through entities, the Michigan 807 form, "Composite Individual Income Tax Return," is a vital document for partnerships, S corporations, or other flow-through entities doing business and having nonresident members. However, this form doesn't stand alone; it's part of a suite of documents required for comprehensive tax filing. Understanding the nature and purpose of these accompanying forms and documents can significantly streamline the tax preparation process.
Fulfilling Michigan's complex tax requirements calls for a meticulous compilation of various forms and documents alongside the Michigan 807 form. Distinct roles in ensuring accuracy in reporting and compliance with tax obligations are played by each of these documents. Key documents include the foundational U.S. 1065 or 1120S forms, specific schedules apportioning income, and forms detailing individual members' distributions. Together, they support a comprehensive representation of the entity's financial activities within Michigan, ensuring both compliance and the efficient management of tax liabilities.
The Michigan 807 form is similar to the U.S. 1065 and U.S. 1120S forms on several points. Primarily, the U.S. 1065, which is the standard partnership return, and the U.S. 1120S, used by S corporations, both require detailed information about the financial operations of the entity including income, deductions, and credits similar to the Michigan 807 form. These federal forms serve as the basis for the information required on the Michigan 807, including reporting ordinary income, adjustments, and apportionment of income. Specifically, the Michigan 807 form requests attachments from pages 1, 2, and 3 of both forms to complete the state return. This direct requirement showcases how interconnected the state and federal forms are, relying on the federal tax information to inform state tax obligations.
Another document similar to the Michigan 807 form is the MI-1040H, Michigan Schedule of Apportionment. The Michigan 807 form requires the apportionment percentage calculated on the MI-1040H to determine the amount of income attributable to Michigan operations. This highlights a specific calculation necessary for both individual and composite returns to accurately assess state tax liability based on business activity within Michigan. The MI-1040H is crucial for calculating the share of income that needs to be reported on the 807 form, demonstrating the need for both forms to work together in determining the correct tax obligations for entities operating in Michigan.
Filling out tax forms correctly is essential to ensure compliance with state laws and to avoid unnecessary penalties. For those dealing with the Michigan 807 form, here's a straightforward list of dos and don'ts that can help navigate through the process more efficiently:
Following these guidelines will help ensure a smoother filing process and compliance with Michigan tax requirements. Remember, when in doubt, seeking the advice of a professional tax advisor or accountant can help navigate these obligations more effectively.
When it comes to the Michigan Form 807, the Composite Individual Income Tax Return, there are a number of misconceptions that can lead to confusion. Here's a closer look at some of them:
All businesses in Michigan must file Form 807: Only specific types of entities, such as partnerships, S corporations, and other flow-through entities with two or more nonresident members, need to file this composite return.
The form allows for any type of income to be reported: Actually, Form 807 is designed to report income from flow-through entities to nonresident members, focusing on their share of the entity's Michigan-sourced income.
Filing this form fulfills all tax obligations for participants: While it simplifies the process by consolidating participants' incomes into one return, participants may still have other individual tax obligations based on their overall tax situation.
Any member can be included in the composite return: Members with specific tax situations, such as those claiming credits like the city income tax credit, or were Michigan residents, cannot participate.
Extensions are automatically granted upon request: Firms must apply for an extension and are encouraged to estimate and pay any anticipated tax liability to avoid interest and penalties. The Michigan Department of Treasury also recognizes the federal extension, further simplifying the process.
There is no need to withhold taxes for nonresident members: In contrast, the law requires that flow-through entities make withholding tax payments for all nonresident members, aligning with specific payment schedules.
All attachments are optional: Certain documents, such as the U.S. 1065 or 1120S, the Michigan Schedule of Apportionment, and forms MI-NR-K1 for each member, must be attached for the return to be processed correctly.
Understanding these misconceptions about the Michigan 807 form can help ensure that it is completed and filed accurately, avoiding common pitfalls and ensuring compliance with Michigan tax laws.
The Michigan 807 form is an essential document for flow-through entities like partnerships, S corporations, limited partnerships, limited liability companies, or limited liability partnerships that conduct business in Michigan and have nonresident partners. Here are nine key takeaways for filling out and using this form:
This comprehensive approach to filling out the Michigan 807 form ensures compliance with Michigan’s Department of Treasury requirements for flow-through entities doing business in the state.
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