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B48. An individual shareholder of an S corporation receives income from the S corporation that is reported on a federal 1099-MISC form. Would the income reported on the 1099-MISC constitute business income subject to MBT, or personal compensation..

Generally, the Michigan tax treatment of income reported on the 1099-MISC form will depend on the nature of the income. The 1099-MISC form is a federal reporting vehicle used for various types of income, including prizes and awards, rents, royalties, and nonemployee compensation.

The MBT is imposed on the business income and modified gross receipts tax bases of taxpayers with business activity in Michigan, subject to statutory threshold amounts. Income reported to an individual on a 1099-MISC form will be considered business income and/or gross receipts under the definitions of those terms in MCL 208.1105 and 208.1111 and subject to MBT if the income is properly reported by the taxpayer (a) as business income on federal schedule C (Profit or Loss from Business - Sole Proprietorship) or on any similar federal schedule or form, or (b) as rental or royalty income reported on federal schedule E (Supplemental Income or Loss from rental real estate, royalties, etc.) or elsewhere on the federal return. Payments for services rendered as an employee/shareholder of the S corporation or for director fees would not be considered gross receipts or business income and would not be subject to MBT.

If the shareholder owns more than 50% of the S corporation either directly or indirectly and receives 1099-MISC income from the S corporation that is considered either business income or rental or royalty income for federal income tax purposes, the shareholder and the S corporation would generally be deemed part of a unitary business group (UBG) for MBT purposes. The UBG would be required to file an MBT return if the combined gross receipts of all members exceed the statutory thresholds.


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