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Outline

The Michigan 807 form, officially known as the Composite Individual Income Tax Return, plays a crucial role for certain business entities operating in the state. Specifically designed for flow-through entities such as partnerships and S corporations, this form allows these businesses to report income on behalf of their nonresident members. It's important to note that the form must be filed by April 15 following the tax year in question, and failure to do so may lead to penalties and interest charges. When completing the 807 form, filers must provide essential information, including the name of the entity, its Federal Employer Identification Number, and the mailing address. Additionally, the form requires a detailed breakdown of income, including ordinary income, additions, and subtractions, leading to the calculation of taxable income. Participants in the composite return must agree to specific conditions, and the entity is responsible for withholding tax payments on behalf of nonresident members. To ensure compliance, various attachments are necessary, including copies of federal returns and lists of participants. Understanding the intricacies of the Michigan 807 form is vital for entities looking to navigate their tax obligations effectively and avoid potential issues with the Michigan Department of Treasury.

Sample - Michigan 807 Form

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

 

￿￿5.

.00

6.

Additions (from line 35, page 2)

 

 

 

￿￿6.

.00

7.

Subtotal. Add lines 5 and 6

 

 

7.

.00

8.

Subtractions (from line 38, page 2)

 

 

 

￿￿8.

.00

9.

Total income subject to apportionment. Subtract line 8 from line 7

 

 

9.

.00

10.

Apportionment percentage from MI-1040H. (Caution! See instructions.)

 

￿10.

%

11.

Total Michigan apportioned income. Multiply line 9 by the percentage on line 10

11.

.00

12.

Michigan allocated income or (loss) (from line 43, page 2)

 

 

 

￿12.

.00

13.

Total Michigan income. Add lines 11 and 12

 

 

13.

.00

14.

Enter Michigan income that is attributable to Michigan residents

 

 

 

￿14.

.00

15.

Enter Michigan income that is attributable to nonparticipating nonresidents

 

￿15.

.00

16.

Enter Michigan income that is attributable to participants

 

 

16.

.00

17.

Exemption allowance (from line 49, page 2)

￿17.

 

.00

 

 

18.

SEP, SIMPLE or qualified plan deductions (from line 52, page 2)

￿18.

 

.00

 

 

 

19.

.00

19.

Add lines 17 and 18

 

 

20.

Taxable income. Subtract line 19 from line 16

 

 

20.

.00

21.

Tax due. Multiply line 20 by 3.95% (.0395)

 

 

21.

.00

22.

Michigan extension payments and credit forward

 

 

 

￿22.

.00

23.

Withholding tax payments

 

 

 

￿23.

.00

24.If line 22 plus line 23 is less than line 21, enter TAX DUE.

 

Include interest

 

and penalty

 

, if applicable

 

PAY ￿24.

.00

 

 

 

 

.00

25.

If line 22 plus line 23 is more than line 21, enter overpayment

 

 

25.

26.

Amount of line 25 to be credited to your 2005 estimated tax

￿26.

 

.00

 

 

27.

Subtract line 26 from line 25

 

 

 

 

REFUND ￿27.

.00

 

 

 

 

 

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

28.

29.

Net income (loss) from other rental activities

29.

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

31.

32.

Other income from U.S. Schedule K

32.

33.

State or local taxes measured by income

33.

34.

Other miscellaneous additions (attach schedule)

34.

35.

Total additions. Add lines 28 through 34. Enter here and on line 6

35.

 

SUBTRACTIONS (see instructions)

 

36.

Income (loss) from other partnerships, S corp. and fiduciaries included in ordinary income

36.

37.

Other miscellaneous subtractions (attach schedule)

37.

38.

Total subtractions. Add lines 36 and 37. Enter here and on line 8

38.

 

MICHIGAN ALLOCATED INCOME OR (LOSS)

 

39.

Guaranteed payments to participants for services performed in Michigan

39.

40.

Income attributable to other Michigan partnerships, S corporations or fiduciaries

40.

41.

Net Michigan capital gains (losses) (from U.S. Schedule D)

41.

42.

Other Michigan allocated income (loss) (see instructions)

42.

43.

Total Michigan allocated income (loss).

 

 

Add lines 39 through 42. Enter here and on line 12

43.

 

EXEMPTION ALLOWANCE

 

44.

Number of participants included in this agreement

44.

45.

Line 44 times $3,100 exemption allowance

45.

46.

Total Michigan income from line 13

46.

47.

Total distributive income (Total Distributive Income from Distributive Income Worksheet)

47.

48.

Percent of income attributable to Michigan. Divide line 46 by line 47.

 

 

(May not exceed 100%.)

48.

49.

Apportioned exemption allowance. Multiply line 45 by the percentage on line 48

 

 

Enter here and on line 17

49.

 

SEP, SIMPLE OR QUALIFIED PLAN SUBTRACTIONS

 

50.

SEP, SIMPLE or qualified plan subtractions for participants (attach schedule)

50.

51.

Enter the percent of income attributable to Michigan from line 48

51.

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

52.

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

%

.00

.00

%

.00

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.

Withholding tax payments

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

 

Schedule K

Amounts

 

 

Ordinary income (loss) from trade or business

1

 

1

 

activity

 

 

 

 

 

 

Net income (loss) from rental real estate

2

 

2

 

activity

 

 

 

 

 

 

Net income (loss) from other rental activity

3c

 

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

 

7

 

 

 

 

 

 

Net long-term capital gain (loss)

9a

 

8a

 

 

 

 

 

 

Guaranteed payments

4

 

 

 

 

 

 

 

 

Net gain (loss) under section 1231

10

 

9

 

 

 

 

 

 

Other income (loss)

11

 

10

 

 

 

 

 

 

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.

Form Information

Fact Name Description
Governing Law The Michigan 807 form is issued under the authority of P.A. 281 of 1967, as amended.
Filing Deadline The due date for the Michigan Composite Individual Income Tax Return is April 15 of the year following the tax year.
Who Can File Only flow-through entities like partnerships and S corporations with two or more nonresident participants can file this return.
Required Attachments Pages 1, 2, and 3 of the U.S. 1065 or 1120S, MI-1040H, and lists of participants and nonparticipants must be attached.
Income Apportionment Income subject to apportionment is calculated by subtracting subtractions from the subtotal of ordinary income and additions.
Tax Rate The tax due is calculated by multiplying the taxable income by 3.95%.
Withholding Requirements Composite filers must make quarterly withholding tax payments on behalf of nonresident members.
Extension Requests Firms can request an extension to file by submitting payment of estimated liability and a copy of an approved federal extension.
Certification Statement By signing the form, the preparer certifies the accuracy of the information and confirms power of attorney from participants.

Detailed Guide for Filling Out Michigan 807

Completing the Michigan 807 form is a crucial step for partnerships, S corporations, and other flow-through entities that operate in Michigan. After filling out the form, it must be submitted along with required attachments by the due date to avoid penalties. Below are the steps to guide you through the process of filling out the form accurately.

  1. Identify the Entity: Enter the name of the partnership, S corporation, or other flow-through entity in the first field.
  2. Provide Identification: Fill in the Federal Employer Identification Number (FEIN) or TR number in the next section.
  3. Mailing Address: Clearly print the mailing address, including street, P.O. Box, or rural route number, followed by the city, state, and ZIP code.
  4. Attach Required Documents: Ensure that pages 1, 2, and 3 of the U.S. 1065 or 1120S, the MI-1040H, and lists of participants and nonparticipants are included with the return.
  5. Report Income: On line 5, enter the ordinary income or loss from the specified lines of the U.S. 1065 or 1120S.
  6. Calculate Additions: Fill in the total additions from line 35 on line 6.
  7. Compute Subtotal: Add lines 5 and 6, and enter the result on line 7.
  8. Enter Subtractions: Fill in any applicable subtractions from line 38 on line 8.
  9. Determine Income Subject to Apportionment: Subtract line 8 from line 7 and record the total on line 9.
  10. Input Apportionment Percentage: Enter the apportionment percentage from MI-1040H on line 10.
  11. Calculate Total Michigan Apportioned Income: Multiply line 9 by the percentage on line 10 and enter the result on line 11.
  12. Report Allocated Income or Loss: Enter any Michigan allocated income or loss from line 43 on line 12.
  13. Sum Total Michigan Income: Add lines 11 and 12, and place the total on line 13.
  14. Specify Income Attributable to Residents: Enter the amount of Michigan income attributable to residents on line 14.
  15. Specify Income Attributable to Nonresidents: Fill in the amount for nonparticipating nonresidents on line 15.
  16. Specify Income Attributable to Participants: Enter the amount on line 16.
  17. Calculate Exemption Allowance: Report the exemption allowance from line 49 on line 17.
  18. Input Deductions: Enter any SEP, SIMPLE, or qualified plan deductions from line 52 on line 18.
  19. Sum Deductions: Add lines 17 and 18, and enter the total on line 19.
  20. Calculate Taxable Income: Subtract line 19 from line 16 and enter the result on line 20.
  21. Calculate Tax Due: Multiply line 20 by 3.95% and record the amount on line 21.
  22. Report Extension Payments: Enter any Michigan extension payments and credit forward on line 22.
  23. Report Withholding Tax Payments: Fill in the amount of withholding tax payments on line 23.
  24. Determine Tax Due or Overpayment: If line 22 plus line 23 is less than line 21, enter the tax due on line 24. If greater, enter the overpayment on line 25.
  25. Allocate Refund: If applicable, subtract line 26 from line 25 and enter the refund amount on line 27.
  26. Certification: Sign and date the form, certifying the accuracy of the information provided.
  27. Mail the Form: Send the completed form and payment, if applicable, to the Michigan Department of Treasury.

Obtain Answers on Michigan 807

  1. What is the Michigan 807 form?

    The Michigan 807 form is the Composite Individual Income Tax Return for flow-through entities, such as partnerships and S corporations. It allows these entities to file a single return on behalf of their nonresident partners or shareholders. This simplifies the tax process for those who may not reside in Michigan but earn income from Michigan sources.

  2. Who is required to file the Michigan 807 form?

    Any flow-through entity doing business in Michigan with two or more nonresident partners, shareholders, or members must file this form. It is important to note that certain participants may not be eligible to be included in the composite return, such as those claiming specific credits or those who were Michigan residents during the tax year.

  3. When is the Michigan 807 form due?

    The form is due on April 15 following the end of the tax year. For example, the return for the tax year ending in 2004 was due on April 15, 2005. If an entity cannot meet this deadline, it may request an extension by submitting an estimated payment along with an approved federal extension application.

  4. What attachments are required when filing the Michigan 807 form?

    When submitting the Michigan 807 form, several attachments are necessary:

    • 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).
    • Forms MI-NR-K1 for each member of the composite return.
    • Two schedules listing each participant’s and nonparticipant’s name, address, SSN, and respective share of Michigan income.
    • A signed statement from an authorized officer certifying that each participant has been informed of the terms of the composite return.
  5. How is the tax calculated on the Michigan 807 form?

    The tax due is calculated by first determining the taxable income. This is done by subtracting allowable deductions from the total income attributable to Michigan. The resulting amount is then multiplied by the tax rate of 3.95%. Any withholding tax payments made on behalf of participating members are deducted from this total to determine the final tax due or refund.

  6. What happens if the form is not filed on time?

    Failure to file the Michigan 807 form by the due date can result in penalties and interest being assessed. Additionally, it may lead to the revocation of the filing agreement, which could complicate future tax filings for the entity and its members. It is crucial to adhere to the deadlines and ensure all required documentation is submitted.

Common mistakes

Filling out the Michigan 807 form can be a daunting task, and many individuals make common mistakes that can lead to complications down the line. Here are nine frequent errors to avoid when completing this important tax document.

First, many filers neglect to include all required attachments. The Michigan 807 form mandates that specific documents, such as pages 1, 2, and 3 of the U.S. 1065 or 1120S, as well as the MI-1040H, be submitted. Failing to attach these documents can result in delays or even penalties. Always double-check your submission to ensure that everything is included.

Another common mistake is miscalculating the apportionment percentage. This percentage, which is critical for determining how much income is subject to Michigan tax, should be taken directly from the MI-1040H. Many filers mistakenly use the wrong form or method to calculate this figure, leading to incorrect tax amounts. It’s essential to carefully follow the instructions provided.

In addition, some individuals mistakenly enter income figures from the wrong lines. For example, ordinary income should come from line 22 of the U.S. 1065 or line 21 of the U.S. 1120S. Entering numbers from different lines can distort your taxable income, which may lead to unexpected tax liabilities.

Moreover, many filers overlook the importance of accurately reporting participant information. Each participant's name, address, and Social Security number must be correctly listed. Incomplete or incorrect participant information can cause significant issues, including delays in processing and potential audits.

Another frequent error involves the exemption allowance. Filers often miscalculate the total number of participants or fail to apply the correct exemption amount. Remember, the exemption allowance is based on the number of participants multiplied by a set amount. Getting this wrong can directly affect your taxable income.

Additionally, failing to sign the form is a common oversight. The certification section requires a signature to validate the return. Without it, the form may be considered incomplete, which can lead to penalties or delays in processing.

It's also worth noting that some individuals forget to account for withholding tax payments made on behalf of participating members. Line 23 requires this information, and neglecting to include it can lead to discrepancies in the final tax due.

Lastly, many filers do not keep copies of their submitted forms and supporting documents. Retaining copies is crucial for future reference, especially if questions arise or if you need to amend your return later. Keeping organized records can save you time and stress in the long run.

Avoiding these common mistakes when filling out the Michigan 807 form can help ensure a smoother filing process and minimize the risk of penalties. Always take your time, double-check your work, and consult the instructions if you have any questions.

Documents used along the form

The Michigan 807 form, or the Composite Individual Income Tax Return, is an important document for flow-through entities operating in Michigan. When filing this form, several other documents are typically required to ensure compliance with state tax regulations. Each of these forms plays a crucial role in accurately reporting income and determining tax liabilities. Below is a brief overview of four key forms that are often submitted alongside the Michigan 807 form.

  • U.S. Form 1065: This form is used by partnerships to report income, deductions, gains, and losses from the business's operations. It provides essential information about the partnership's overall financial performance and is critical for determining each partner's share of income or loss.
  • U.S. Form 1120S: Similar to Form 1065, this document is specifically for S corporations. It reports the corporation's income, deductions, and credits. S corporations must file this form to pass their income directly to shareholders, who then report it on their personal tax returns.
  • Michigan Schedule of Apportionment (Form MI-1040H): This schedule is used to determine the portion of income that is taxable in Michigan. It calculates the apportionment percentage based on the business's operations within the state, which is crucial for accurately reporting Michigan-sourced income.
  • MI-NR-K1 Forms: These forms are required for each nonresident member of the composite return. They provide detailed information about each member's share of the income and losses, ensuring that the tax obligations are correctly allocated among participants.

In conclusion, the Michigan 807 form is part of a larger framework of tax documentation that helps ensure accurate reporting and compliance with state tax laws. By submitting the necessary supporting forms, businesses can effectively manage their tax responsibilities and avoid potential penalties.

Similar forms

  • Form 1065: This is the U.S. Return of Partnership Income. Like the Michigan 807 form, it is used by partnerships to report income, deductions, gains, and losses. Both forms require detailed information about the partnership's financial activities and the allocation of income among partners.
  • Form 1120S: This form is for S Corporations to report their income, deductions, and credits. Similar to the Michigan 807, it allows flow-through taxation, meaning that income is passed through to shareholders, who then report it on their individual tax returns.
  • Form MI-1040H: This is the Michigan Individual Income Tax Return for Homesteaders. It is similar in that it includes provisions for apportionment of income, which is also a key element of the Michigan 807 form, allowing for the calculation of income attributable to Michigan residents.
  • Form MI-1041: This form is the Michigan Income Tax Return for Estates and Trusts. Like the Michigan 807, it is used to report income that is passed through to beneficiaries. Both forms require detailed accounting of income and deductions.
  • Form MI-NR-K1: This is the Michigan Nonresident Schedule K-1. It provides information on a nonresident partner's share of income from a partnership or S corporation. It is essential for reporting income on the Michigan 807 form, as it helps determine each participant's share of income and tax obligations.
  • Form 160: This is the Combined Return for Michigan Taxes. It is used for various tax filings, including withholding tax payments for nonresident members of flow-through entities. The Michigan 807 also involves withholding requirements for nonresident participants, making this form relevant for compliance.

Dos and Don'ts

When filling out the Michigan 807 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Below is a list of actions to take and avoid during this process.

  • Do type or print clearly in blue or black ink to ensure legibility.
  • Do attach all required documents, including copies of the U.S. 1065 or 1120S, MI-1040H, and participant schedules.
  • Do ensure that the apportionment percentage is accurately calculated and reported on line 10.
  • Do sign and date the form to validate the submission.
  • Don't leave any required fields blank; all sections must be completed to avoid processing delays.
  • Don't forget to include the firm's Federal Employer Identification Number on the payment check.
  • Don't submit the form without verifying that all attachments are included.
  • Don't ignore the deadlines; ensure the return is filed by April 15 of the due year.

Misconceptions

Understanding the Michigan 807 form can be challenging. Here are ten common misconceptions about this form, along with clarifications to help clear up any confusion.

  • Misconception 1: Only Michigan residents need to file the Michigan 807 form.
  • This is not true. The form is for flow-through entities that have nonresident partners, shareholders, or members. It applies to both residents and nonresidents involved in the entity.

  • Misconception 2: The Michigan 807 form is only for partnerships.
  • While partnerships frequently use this form, it is also applicable to S corporations and other flow-through entities.

  • Misconception 3: Filing the Michigan 807 form is optional for flow-through entities.
  • This form is mandatory for eligible entities with nonresident participants. Failing to file can lead to penalties and interest.

  • Misconception 4: The due date for the Michigan 807 form is the same every year.
  • The due date varies based on the tax year. For example, the 2004 form was due on April 15, 2005. Always check the specific year’s requirements.

  • Misconception 5: You can submit the Michigan 807 form without any attachments.
  • Attachments are necessary, including copies of relevant federal forms and participant lists. Missing attachments can delay processing.

  • Misconception 6: The Michigan 807 form can be filed electronically.
  • As of the latest guidelines, this form must be submitted by mail. Ensure you follow the mailing instructions carefully.

  • Misconception 7: You do not need to pay estimated taxes if you file the Michigan 807 form.
  • Estimated tax payments are required and must be made on behalf of nonresident members. These payments are due quarterly.

  • Misconception 8: The Michigan 807 form is the same as the federal forms 1065 or 1120S.
  • While the Michigan 807 form is based on these federal forms, it has specific requirements and calculations unique to Michigan tax law.

  • Misconception 9: All participants can claim personal exemptions on the Michigan 807 form.
  • Not all participants are eligible for exemptions. Certain conditions, such as claiming specific credits or being a Michigan resident, disqualify some members.

  • Misconception 10: If the entity has no taxable income, the Michigan 807 form does not need to be filed.
  • Even if there is no taxable income, the form must still be filed if the entity meets the criteria for filing.

By understanding these misconceptions, you can navigate the Michigan 807 form more effectively and ensure compliance with state tax requirements.

Key takeaways

Key Takeaways for Filling Out the Michigan 807 Form:

  • Ensure all required attachments are included. This includes pages 1, 2, and 3 of the U.S. 1065 or 1120S, the MI-1040H, and lists of participants and nonparticipants.
  • Understand the participation requirements. Nonresidents claiming certain credits or those who were Michigan residents cannot participate in the composite return.
  • Be aware of the due date. The return for tax periods ending in 2004 is due by April 15, 2005. Extensions can be requested if necessary.
  • Calculate withholding tax payments accurately. These are required for nonresident members and are due quarterly.