Lawyers, Answer Questions  & Get Points Log In
Michigan Tax Law Questions & Answers
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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

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...
Read more »

View More Answers

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 »

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: 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...
Read more »

View More Answers

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...
Read more »

View More Answers

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?

1 Answer | Asked in Tax Law for Michigan on
Q: Who claimed me as a Dependent?

Would there be any way at all to find out who claimed me as a dependent? I only ask because this has prevented me from receiving the previous Stimulus Check, and the second one soon to come. I have suspicion it might be my mother, I asked, but she said no, but I wouldn't want to file for... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 13, 2020

It sounds like the first thing you should do is contact your mother to ask. Whomever claimed you would need your social security number.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Michigan on
Q: my uncle passed away and left no will my father his older brother gave me his property then 3 months later took it back

he decided to sell said property to my half brother no taxes have been paid I don't even think my father has the title I have lived in my uncles house with my wife for 3 months anyway I can fight this and stay and own my uncles property

David Ostrove
David Ostrove answered on Jun 20, 2020

If your father had title and made a completed gift to you, then you owned the property and your father cannot take it back. However, was there any paper work; any deed signed by your father? You have raised a lot of issues with your question. As a matter of law, you may own the property, but you... Read more »

2 Answers | Asked in Tax Law and Education Law for Michigan on
Q: Received a blank 1099 Q form with my name on it, signed by my deceased grandma as part of her will.

This was written back it 2017, it was withheld from me by my mother until just recently without my knowledge. I am unsure of what to do with this going forward, any advice would be greatly appreciated.

D. Mathew Blackburn
D. Mathew Blackburn answered on May 14, 2020

That doesn't make sense, the 1099-Q is a reporting form for a 529 or Coverdell ESA.

Was it completely blank or did it have an institution's contact information in the upper left corner? This would be a bank or other financial institution.

Distributions can be taxable if...
Read more »

View More Answers

1 Answer | Asked in Gov & Administrative Law and Tax Law for Michigan on
Q: My mother died in 2019. She just received a stimulus check in the mail. Does the CARES Act state it should be returned?

She has 3 surviving children. Should we cash or send back to treasury.

D. Mathew Blackburn
D. Mathew Blackburn answered on May 4, 2020

The CARES act does not address this situation and neither has the IRS. The current professional consensus is that where the individual passed in 2019 the estate is allowed to keep the amounts and distribute the funds.

There is not currently a function to return the funds. We don't...
Read more »

1 Answer | Asked in Child Support, Family Law and Tax Law for Michigan on
Q: Can a husband legally withhold $ from a joint tax return or stimulus payment from his wife?

Husband and wife separated in September, but filed taxes together. Their tax refund (and now stimulus payments) go into his bank account. They have 3 children, living with mom. Mom is on disability and is struggling financially, but the dad will not share the tax or stimulus money with her. What... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 30, 2020

Yes.

BY designating one spouses bank account for direct deposit and signing the return you have agreed that the funds will be deposited into that account. Once deposited the IRS has no further say in the use or allocation of the funds.

State property law will be used to determine...
Read more »

1 Answer | Asked in Employment Law and Tax Law for Michigan on
Q: I was paid under the table with cash. No 1099 was given and was denied being put on the books several times.

All i wanted was to get medical insurance and to do the right thing. Now, im lost and out of answers.

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 29, 2020

Not receiving a 1099 does not stop you from reporting your income. You're still required to report it and pay tax. File a return for the income and then wait until your state's healthcare marketplace has open enrollment. Fill out the application for the premium tax credit and get a... Read more »

1 Answer | Asked in Tax Law for Michigan on
Q: Are a church member's monetary donations tax deductible on their individual taxes if the church is not a 501c3?

Currently, I belong to a church (Michigan, USA) that is not a 501c3 organization. Contributing members have undergone an IRS audit and been told their giving to the church is not tax deductible because it is not registered as a 501c3. The leadership of the church is hesitant to go through the... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 27, 2020

You would need to speak with a CPA for a better answer concerning your particular situation. Nothing would preclude you from continuing to donate to this church, although your contributions are not deductible unless the church is recognized by the IRS.

If the IRS were to look back and...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.