Mich. Comp. Laws § 206.817

Current through Public Act 166 of the 2024 Legislative Session
Section 206.817 - Tax base; apportionment; business activity of the flow-through entity; chapter 3
(1) Except as otherwise provided in this part, the business income tax base established under this part shall be apportioned in accordance with allocation and apportionment provisions in chapter 3.
(2) For a taxpayer that has a direct, or indirect through 1 or more other flow-through entities, ownership interest or beneficial interest in a flow-through entity, the taxpayer's business income that is directly attributable to the business activity of the flow-through entity shall be apportioned to this state using an apportionment factor determined under chapter 3 based on the business activity of the flow-through entity.
(3) A taxpayer is subject to tax in another state in either of the following circumstances:
(a) The taxpayer is subject to, or would be subject to, if the taxpayer was not a flow-through entity, a business privilege tax, a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of doing business, or a corporate stock tax.
(b) That state has jurisdiction to subject the taxpayer to 1 or more of the taxes listed in subdivision (a) regardless of whether, in fact, that state does or does not subject the taxpayer to that tax.

MCL 206.817

Added by 2021, Act 135,s 13, eff. 12/21/2021, retroactively effective for tax years beginning on and after January 1, 2021.