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Michigan Tax Law Questions & Answers
1 Answer | Asked in Estate Planning and Tax Law for Michigan on
Q: What would happen to my mother if she added her grandson to a house title and he would give her $40,000 cash
Brent T. Geers
Brent T. Geers answered on Oct 4, 2021

Nothing; although there may be some unpleasant consequences down the road to your mother's estate or what other family members expect to happen.

1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: How can I pay delinquent taxes and take ownership of a home?

My childhood home has two years of unpaid taxes and if they aren’t paid by March 31st, 2022 the county takes the home. It’s abandoned and no one lives there. I’m not the owner and I cannot reach the owner (I’ve been trying). I was told if I pay the delinquent taxes and get a tax certificate... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 10, 2021

You can’t just pay the taxes and expect to be reimbursed.

That procedure works if you purchase the property at a tax sale, which is the official sale once the taxes have reached the level of delinquency that you mention.

The procedures for bidding at a tax sale or complicated and...
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2 Answers | Asked in Estate Planning and Tax Law for Michigan on
Q: am I able to change the beneficiary on a pre-tax IRA after the account holder has passed. My father lived in NC.

my siblings and I are beneficiary of one of my dad's IRAs, we want to make his surviving wife the sole beneficiary. can we do that and have the IRA still be pre-tax.

Nina Whitehurst
Nina Whitehurst answered on Jul 22, 2021

It is possible that if all of the decedent's children disclaim that the account would then go to his surviving spouse. But that depends on other factors, including exactly how the beneficiary designation was worded and whether there were contingent beneficiaries after the children. You... Read more »

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1 Answer | Asked in Tax Law for Michigan on
Q: A family member received a PPP loan and the state took all but one dollar for back taxes.

Does this family member have any recourse against the state of Michigan for doing this?

Brent T. Geers
Brent T. Geers answered on Jun 9, 2021

Doubtful. Sounds like the state collected a valid debt. Unless there is an issue with whether taxes were owed, there's probably not much that can be done.

1 Answer | Asked in Tax Law for Michigan on
Q: I moved to Michigan from Illinois in the middle of the year and my only income here has been Illinois unemployment.

Does Michigan and/or Illinois tax this income? I understand that Illinois taxes all unemployment paid by them whether resident or non-resident, while Michigan taxes all income (including unemployment) received while a resident. However, Illinois has a reciprocity agreement with Michigan to avoid... Read more »

Michael Zamzow
Michael Zamzow answered on May 3, 2021

You'll need to contact a tax attorney directly.

1 Answer | Asked in Family Law and Tax Law for Michigan on
Q: If I have full custody of my kids, 365 days. Their dad never has them. Can I claim them both on my taxes?

In the beginning the judge ordered us to split the kids, he takes one and I take the other. But since I got full custody I have been claiming both of them. Is there a tax law that says who ever has them more gets to claim them?

Brent T. Geers
Brent T. Geers answered on Apr 29, 2021

Yes there is: if you provide the majority of support over the year, you may claim them. That can be modified by court order (e.g. the judgment of divorce).

Best thing to do would be to file a motion with the court to address this. You could be right in the eyes of the IRS but in violation...
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2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: I'm listed as a resident at an address I've never lived at.

I just did a search online and found that I'm listed as a resident at an address in Michigan. But - here's the fly in the ointment - I've never lived in Michigan. I've never even lived in the USA (I was born in and have been a citizen/resident of another country for my entire... Read more »

David Soble
David Soble answered on Apr 5, 2021

You can try to record an Affidavit of Suspected Fraud related to the property with the Register of Deeds. It would put anyone who was interested in the property on notice that you have no relationship to the home. Additionally, if you have a credit report, notify the credit reporting agencies that... Read more »

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1 Answer | Asked in Family Law, Tax Law and Child Support for Michigan on
Q: My children's father the non-custodial parent filed for my children at tax time even though they don't live with him

I'm worried he's going to get all of their stimulus money plus the child tax credit that will soon to come out every month he owes at least 5,000 in back child support all three of our children live with me full time I'm worried that he's going to be getting all of their money... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 17, 2021

Is there a child support order? If so, you may need to address some of this with the friend of the court. You may also need to make a motion in court about the stimulus money and to make clear who can claim the children for taxes.

1 Answer | Asked in Divorce and Tax Law for Michigan on
Q: I'm trying to file my taxes and my ex husband and I disagree on tax credits and stimulus money. What do i do?

Divorce decree states: "Plaintiff shall claim the minor children as dependents for income tax deduction and child credit on any and all city, state and federal income taxes. The defendant will be allowed to "buy" the exemptions from the Plaintiff if he will benefit from the... Read more »

Michael Zamzow
Michael Zamzow answered on Feb 23, 2021

You're unlikely to find an answer to your question here, but if you contact your divorce lawyer you might get an answer. You might also contact a tax lawyer to make sure you're not running afoul of tax regs.

1 Answer | Asked in Tax Law for Michigan on
Q: Can I claim my boyfriends children if we are not married in the state of Michigan?

He has joint custody and they live with us half the time and I pay for half of their expenses.

Brent T. Geers
Brent T. Geers answered on Feb 15, 2021

No. Your boyfriend may have the legal obligation to support them, but until you are married, you cannot file a joint return, and so cannot claim them as dependents.

2 Answers | Asked in Tax Law for Michigan on
Q: If I pay a relative’s mortgage payments and taxes for them can they take the tax deductions?

The funds would be coming out of my personal bank account as an automatic payment each month. Would it be considered a gift and limited to $15,000 a year?

Brent T. Geers
Brent T. Geers answered on Feb 10, 2021

You'll want to consult with a CPA or tax attorney about the particulars, but my thought is that the mortgage tax deduction would still go to the person or persons who are obligated to pay under the terms of the mortgage (e.g. your relative); it doesn't matter who actually pays it. And... Read more »

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2 Answers | Asked in Estate Planning and Tax Law for Michigan on
Q: My mom wants to buy a house with us and live in it with us. I want to make sure this will not be considered a "gift"?

She is offering to pay our downpayment on the house. She will live in the house with us and share living expenses. We are ok with her being listed on the mortgage and/or title to the house. Since basically this arrangement is just us going in together on a house that we will all be living in, this... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 29, 2021

You are wise to avoid letting your mother’s investment be characterized as a gift. There is more than one way to do this is this and they each have pros and cons and they each require some rather precise math to make sure there is no gift component. One method is the purchase of a life estate and... Read more »

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1 Answer | Asked in Tax Law for Michigan on
Q: I taught a remote class for Penn St Univ's State College campus this fall for $9000 in compensation. I am employed full

time for another company in the State of Michigan, and I live in Michigan year round. I taught it 100% remotely over online tools. What taxes in PA am I responsible for?

Brent T. Geers
Brent T. Geers answered on Jan 21, 2021

You should discuss with a CPA or other tax professional, and you may want to consult with a similarly qualified person in PA.

2 Answers | Asked in Bankruptcy and Tax Law for Michigan on
Q: I’m in a chapter 13 in Michigan. The tax refund portion of my case is silent. Will I get a refund if so how much?

My chapter 13 In Michigan tax refund portion is silent. Will I get a refund? If so how much am I an entitled to keep if this is silent. I really wouldn’t mind them keeping it if it paid my case off faster but this pandemic has put me out of work and I need all of my refund or pretty close to it.... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 9, 2021

Your Plan (whether before confirmation or thereafter) can be modified.

Your Plan commonly identifies the source of your funds, current and in the future, that will be used to make payments to the Plan, and routinely, that source is your current and future earnings.

It is at least...
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1 Answer | Asked in Tax Law, Child Custody, Child Support and Gov & Administrative Law for Michigan on
Q: I'm on disability and do not have taxes to file. How do I get the child stimulus money if the dad received it already?

The father claims our 1 child the past few years due to my disability and no taxes to file. I've never signed an 8332 tax form for him to claim the child. We never married either. We do not have any agreement through court for who claims our child on taxes. I read that the custodial parent is... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 7, 2021

You will likely need to file a motion in court to get any money back. Here's the thing: the IRS doesn't know what the custody status is of any particular child. They do match social security numbers, and that's how they catch people fraudulently claiming dependents: two people claim... Read more »

2 Answers | Asked in Tax Law and Probate for Michigan on
Q: Parents house left 2 me in trust. When I change the name on the house will my taxes go up or are they grandfathered in?

Trust was made in 2006. My father passed in 2017 and my mother is still alive. I understand that the house is now owned by the trust. But after my mother passes and I put the house in my name will the taxes on the house go up or will I pay the rate at which my parents were paying.

Not... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Nov 16, 2020

Assuming you are the beneficiary or contingent beneficiary of the trust taxes will not necessarily be uncapped.

Beginning in 2015, a distribution of residential real property from a trust to a distributee who is settlor or the settlor’s son or daughter, (among other relations) AND if...
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1 Answer | Asked in Tax Law for Michigan on
Q: Does becoming officially disabled, retroactively apply to previous year's taxes?

I recently won my disability case. They are paying me for the last four or so years back pay of benefits. I meet all the requirements then and now to be someone's dependent because of that. Can that person claiming me amend previous year taxes for the benefit of being a dependent?

Glen E. Frost
Glen E. Frost answered on Nov 30, 2020

In order to determine whether a taxpayer is able to amend prior year returns to claim deductions related to provisions made on behalf of a disabled individual, a qualified tax professional should be consulted to consider the numerous factors at play. A tax professional must review the complete set... Read more »

2 Answers | Asked in Tax Law and Probate for Michigan on
Q: I am the PR of my cousin estate, per probate court.

She died with no will, hence probate court. She had no kids and her husband died 4 years before her, she has no siblings.

We are in Michigan. Everything was sold and put into "Estate of" bank account. When this is closed, which is in next couple weeks, do we pay taxes on the money... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Oct 21, 2020

Probably not, but without a FULL understanding of things it is impossible to say FOR SURE.

There may be an estate tax return required, or maybe not,

There may be capital gains taxes due, or maybe not.

It is unlikely that YOU will be charged taxes, but if things 'pass...
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1 Answer | Asked in Tax Law for Michigan on
Q: Q1. I have tax-exempt of Walmart only in the state of MI, when I purchase, can I get tax free?
Muhammad Zeshan
Muhammad Zeshan answered on Aug 31, 2020

Q2. now, I didn't get any tax free when I do purchase from Walmart, how can I set up my account to get tax free?

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