What is the Michigan 807 form?
The Michigan 807 form, officially known as the Composite Individual Income Tax Return, is used by flow-through entities such as partnerships and S corporations that do business in Michigan. It allows these entities to report income on behalf of their nonresident partners or shareholders, simplifying the tax filing process for those individuals.
Who is eligible to file the Michigan 807 form?
Eligibility to file the Michigan 807 form requires that the entity is a flow-through entity with two or more nonresident partners, shareholders, or members. This includes partnerships, S corporations, limited partnerships, limited liability companies, and limited liability partnerships. All participants must agree to comply with the filing requirements outlined by the Michigan Department of Treasury.
When is the Michigan 807 form due?
The Michigan 807 form is due on April 15 of the year following the tax year being reported. For example, for tax periods ending in 2004, the due date was April 15, 2005. If the entity cannot file by this date, an extension can be requested.
What documents must accompany the Michigan 807 form?
When submitting the Michigan 807 form, several attachments are required. These include a copy of pages 1, 2, and 3 of the U.S. 1065 or U.S. 1120S, a Michigan Schedule of Apportionment (Form MI-1040H), and forms MI-NR-K1 for each member of the composite return. Additionally, schedules listing the names, addresses, and respective shares of Michigan income for each partner or shareholder must be included.
How is the tax calculated on the Michigan 807 form?
Tax on the Michigan 807 form is calculated by first determining the taxable income. This is done by subtracting allowable exemptions and deductions from the total income. The resulting taxable income is then multiplied by the tax rate of 3.95%. If there are any withholding payments made on behalf of the nonresident members, these can be deducted from the total tax due.
What happens if the form is not filed on time?
Failure to file the Michigan 807 form by the due date may result in penalties and interest being assessed. In some cases, it could also lead to the revocation of the filing agreement between the entity and the Michigan Department of Treasury, which could complicate future filings.
Can an extension be requested for filing the Michigan 807 form?
Yes, an extension can be requested. This is typically done by submitting payment of the estimated annual liability along with a copy of an approved federal extension. If no federal extension is applied for, a specific application for a Michigan extension must be submitted.
How are refunds processed for the Michigan 807 form?
Refunds are processed by the Michigan Department of Treasury and are mailed to the address indicated on the Michigan 807 form. The signing partner or officer certifies that they have the power of attorney from each participant, and any refunds will be sent to the firm responsible for the filing.
What are the participation requirements for members?
Members may not participate in the composite return if they are claiming certain credits, were Michigan residents at any time during the tax year, or wish to claim more than one Michigan exemption. It’s important for all participants to understand these requirements before agreeing to file a composite return.