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FAQ
  Michigan Business Tax
B17. Limited liability companies are included in the definition of "person" under the MBT.  Assuming that the federal "check the box" rules are followed, does the business income adjustment set forth at section 201(2)(e), which requires a taxpayer to add the loss or subtract the income attributable to "another entity," apply to the income or loss of a disregarded limited liability company?
 
Answer:

No. Although a limited liability company (LLC) is defined as a "person" under the MBTA, MCL 208.1113(3), to the extent that such an entity is a single member LLC disregarded for federal tax purposes, the owner of the LLC is the MBT taxpayer, and the disregarded entity is treated as a sole proprietorship, branch or division of its owner. Section 201(2)(e) requires the taxpayer to add back a loss or subtract income attributable to "another entity whose business activities are taxable under this section." MCL 208.1201(2)(e). A disregarded LLC's business activities would not be taxable under section 201; therefore, the section 201(2)(e) adjustment does not apply to an LLC that is a disregarded entity for federal tax purposes.


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