Does the MBT follow the federal check-the-box regulations?
Yes. Effective January 1, 1997, a separate business entity that is not required to be classified as a corporation for tax purposes is permitted to elect its entity classification under the federal “check-the-box” provisions of the Federal Income Tax Regulations, Treas Reg 301.7701-3. These check-the-box regulations allow an unincorporated entity, such as a limited liability company (“LLC”), to elect to be taxed as a corporation. An unincorporated entity with at least two members that fails to elect corporate tax treatment will, by default, be taxed as a partnership. An unincorporated entity with one member that fails to elect corporate tax treatment will, by default, be disregarded as an entity separate from its owner for federal tax purposes. A single member entity, such as a single member LLC (“SMLLC”), that is disregarded for federal tax purposes will be treated as a sole proprietorship, branch, or division of its owner. For MBT purposes, a person is defined in MCL 208.1113(3) to in
