2022 Form 5081, Page 4
industrial processing by an industrial processor is exempt.
Industrial processing is the activity of converting or
conditioning tangible personal property by changing its
form, composition, quality, combination, or character. In
general, all of the following must be met:
•
Property must be used in producing a product for
ultimate sale at retail,
• Property must be sold or leased to an industrial
processor, including a person that performs industrial
processing on behalf of another industrial processor or
performs industrial processing on property that will be
incorporated into a product for ultimate sale at retail, and
•
Activity starts when property begins moving from raw
materials storage to begin industrial processing and ends
when finished goods first come to rest in finished goods
inventor y.
If property is used for both an exempt and a taxable purpose,
the property is only exempt to the extent that it is used for
an exempt purpose. In such cases, the exemption is limited
to the percentage of exempt use to total use determined by a
reasonable formula or method approved (but not required to
be pre-approved) by Treasury. For exceptions and exclusions,
see MCL 205.54t and 205.94o.
Line 5c: Agricultural Production Exemption. Property
must be directly or indirectly used in agricultural production.
Generally, the following non-exhaustive list may be exempt:
(i) Tangible personal property sold or leased to a person
engaged in a business enterprise that uses or consumes the
property for either:
•
Tilling, planting, draining, caring for, maintaining, or
harvesting things of the soil, or
• Breeding, raising, or caring for livestock, poultry, or
horticultural products.
(ii) To the extent that the property is affixed to and made
a structural part of real estate for others and used for an
exempt purpose in (i), tangible personal property sold to a
contractor that is one of the following:
•
Agricultural land tile
• Subsurface irrigation pipe
• Portable grain bins
• Grain drying equipment and its fuel or energy source
However, the following sales from (i) or (ii) are not exempt:
• Food, fuel, clothing, or similar property for personal
living or human consumption, or
• Property permanently affixed to and becoming a
structural part of real estate unless it is agricultural land
tile, subsurface irrigation pipe, a portable grain bin, or
grain drying equipment. Certain property that can be
disassembled and reassembled may be exempt.
Some specific types of exempt property and exempt uses of
property are clarified in the statute. If property is used for
both an exempt and a taxable purpose, the property is only
exempt to the extent that it is used for an exempt purpose.
In such cases, the exemption is limited to the percentage of
exempt use to total use determined by a reasonable formula
or method approved (but not required to be pre-approved)
by Treasury. For more information, see MCL 205.54a and
205.94.
Line 5d: Interstate Commerce. Enter sales made in
interstate commerce. To claim such a deduction, the
property must be delivered by the business to the out-of-state
purchaser. Property transported out-of-state by the purchaser
does not qualify as interstate commerce. Documentation of
out-of-state shipments must be retained in business records to
support this deduction.
Line 5e: Nontaxable Services Billed Separately. Enter
charges for nontaxable services billed separately, such as
repair or maintenance, if these charges were included in
gross receipts on line 1. Costs, such as delivery or installation
charges, that are incurred before the completion of the
transfer of ownership of taxable property are included in the
tax base and may not be subtracted.
Line 5f: Bad Debts. Bad debts may be eligible for a
deduction if the following criteria are met:
•
The debts are charged off as uncollectible on business
books and records at the time the debts become
worthless
• The debts are deducted on the return for the period
during which the bad debts are written off as
uncollectible
• The debts are or would be eligible to be deducted for
federal income tax purposes.
A bad debt deduction may be claimed by a third-party lender
if the retailer who reported the tax and the lender financing
the sale timely execute and maintain a separate written
election designating which party may claim the deduction.
Certain additional conditions must be met. See MCL 205.54i,
205.99a, and RAB 2019-3.
Line 5g: Food for Human/Home Consumption. Enter the
total of retail sales of grocery-type food, excluding tobacco,
marihuana products, and alcoholic beverages. Prepared food
is subject to tax. See MCL 205.54g and MCL 205.94d for
more information.
Line 5h: Government Exemption. Direct sales to the
United States government or the state of Michigan or its
political subdivisions are exempt.
Line 5i: Michigan Motor Fuel Tax. Motor fuel retailers
may deduct the Michigan motor fuel taxes that were included
in gross sales on line 1 and paid to the State or the distributor.
Line 5j: Direct Payment Deduction. Enter sales made to
purchasers that claimed direct pay exemption from sales
and use taxes. With the exemption claim, the purchaser must
include the following statement: “Authorized to pay use tax
on purchases of tangible personal property directly to the
State of Michigan under Account Number [listing either the
Federal Employer Identification Number or the Michigan
Treasury Registration Number]”. If using Michigan Sales and
Use Tax Certificate of Exemption (Form 3372), check the box