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The Michigan Department of Treasury has recently issued guidance that has eliminated the requirement that flow-through entities (e.g., a partnership, S Corporation, or limited liability company) withhold income tax on a member's distributive share of income for tax years that begin on or after July 1, 2016. The new bill discontinues the flow-through entity's obligation to withhold taxes for their individual nonresident members, corporate members, and other flow-through entities.


For flow-through entities that use a calendar year end for tax reporting, this repeal will take effect beginning Jan. 1, 2017. Accordingly, affected entities should continue the normal withholding requirements through the end of 2016.


After the repeal, the nonresident flow-through members will be required to pay their estimated taxes directly to the State of Michigan. The new law does not change a flow-through entity's ability to file a composite return for nonresident members who are individuals.
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