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Michigan Tax Law Questions & Answers
1 Answer | Asked in Business Law and Tax Law for Michigan on
Q: Question regarding business taxes, amount possibly owed, student loans, garnishment and payment plans

I filed taxes for my business and informed the IRS my business made 11k profit in 2016 and 13k in 2017. I informed them that the gross revenue for my business was 90k in 2016 and 138k in 2017. I dont have expenses to show them as I didnt keep receipts but I did a rough estimate of my expenses to be... View More

Trent Harris
Trent Harris
answered on Dec 13, 2018

Estimates without documentation are not good enough for the IRS. You need to work with a tax accountant or CPA to reconstruct some sort of paper trail for your expenses. Otherwise, your eligibility for a student loan is going to be the least of your problems. If the IRS denies your deductions for... View More

1 Answer | Asked in Tax Law and Real Estate Law for Michigan on
Q: I’m assuming the mortgage and buying out my partner due to a breakup. Will I have to pay a state/county tax in Michigan
David Soble
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David Soble
answered on Oct 25, 2018

By paying "state or county tax" I am going to assume that you mean 'transfer" tax. Assumption of a mortgage should not be a taxable event since you state that you are already a partner / member of organization. You also can check with your CPA since he will know your tax status best.

1 Answer | Asked in DUI / DWI and Tax Law for Michigan on
Q: Tax-wise, is there a way to write off the cost of mandated drug/alcohol testing and/or fines and fees paid to the court?

I plead guilty to an OWI charge. I've paid over $2000 to the court and will be paying over $2000 in accumulated costs associated with mandatory drug and alcohol testing ordered by my probation officer. Having kept receipts, are those costs able to be deducted when doing taxes? Can I write... View More

Brent T. Geers
Brent T. Geers
answered on Oct 10, 2018

You'll need to consult with a tax attorney or other tax professional, particularly about whether mileage is deductible. It will all obviously depend on your overall tax situation; with the raised standard deduction starting with this tax year, a lot of people who used to itemize may no longer... View More

1 Answer | Asked in Tax Law for Michigan on
Q: I have a parent that wants to pay my loans of in one lump sum. Is it possible to avoid Gift Tax on the excess over 15k?

I know the allowable amount for a gift is up to 15k, but after that what happens? is it taxed, by how much, and is it avoidable?

Eric  Day
Eric Day
answered on Aug 28, 2018

You can avoid paying any tax, but you will be required to file a gift tax return, Form 709, along with your normal 1040 tax return you file annually. When you pay more than the 15K allotted for individuals to gift on an annual basis, you have to file the Form 709 to record the excess gift.... View More

1 Answer | Asked in Probate and Tax Law for Michigan on
Q: I was given my home in MI when my mother passed away. It is in my name. Do i pay cap gains when I sell it. Im a FL res.

She had the home in trust, I went up and put the home in my name. I am wanting to sell it now but I dont know how capital gains works when it was left in a trust to me,

Kenneth V Zichi
Kenneth V Zichi
answered on May 9, 2018

The answer is 'probably yes'. Trusts are a 'one size fits all' solution to avoid probate that like all 'one size fits all' items rarely fit just right for any one situation.

You need to take the documents, including what the tax basis of the property was going...
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1 Answer | Asked in Tax Law for Michigan on
Q: In michigan, I am self employed. For lost wages can progressive legally request my full tax return or just P&L statement

Ok

Christian K. Lassen
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Christian K. Lassen
answered on Apr 2, 2018

You may be required to submit your 1099 form(s), tax return from previous year, correspondence, business invoice, or receipts, if applicable.

1 Answer | Asked in Business Formation, Tax Law and Real Estate Law for Michigan on
Q: I formed one-member-LLC for a 6 units-house, where I also live. Do I have to register my LLC for Michigan state tax?

One website says "Register Your LLC for Michigan State Tax" but when I visited Michigan Unemployment Insurance Agency website, it says I am liable to pay Michigan Unemployment Taxes if my LLC "Has one or more employees in 20 different weeks within a calendar year" Am I myself... View More

David Soble
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David Soble
answered on Mar 13, 2018

If you are paying employees under your limited liability company, you will have to pay withholding taxes unless - state and federal taxes. Yes you need to register with the state. Your accountant can assist you with your paperwork and tax filings.

1 Answer | Asked in Collections, Landlord - Tenant and Tax Law for Michigan on
Q: 2 roommates and I fell behind on our rent payments. The full amount owed shows on my credit report as Individual Account

What does this mean if I try to settle? Also, how does paying taxes on forgiven debt work when a debt is shared?

Adam Alexander
Adam Alexander
answered on Feb 22, 2018

If you co-signed the creditor/debt collector can collect from either of you or all of you. You all owe the entire debt - although if one pays it off entirely, the others no longer owe the debt.

If you try to settle the debt for less than the full balance, be sure to get it in writing that...
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2 Answers | Asked in Tax Law and Real Estate Law for Michigan on
Q: My brother gave his house to me. Filling out quit claim deed. Not sure what answer to put for transfer tax act 207.526

I am getting a loan to pay off his land contract so I’m not paying him anything. So I’m truth the dollar amount paid to him is zero

David Soble
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David Soble
answered on Feb 20, 2018

You need to complete the Property Transfer Affidavit and file with the appropriate assessing office where your property is located within 45 days of the transfer of ownership, and your basis seems to be $0. However if you are getting a loan to pay off his land contract, the it seems from your... View More

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1 Answer | Asked in Criminal Law, Tax Law, Identity Theft and Small Claims for Michigan on
Q: I moved out. My before my address changed my roommate got my tax info and is withholding it. Is it a crime? whats to do?

I lived with someone for a year, and it was awful. So i did everything i could to leave and was successful. They basically are the type of person to, if was granted power in any way, try and force me to apologize for not helping her out or doing what she wanted. So I did not get my address changed... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Feb 8, 2018

The easiest and less stressful way for you to get your tax documents would be to request them from your employers, etc. again. You can also request them from the IRS but usually they are not available until very close to or after the filing deadline so you would need to file and extension request... View More

1 Answer | Asked in Social Security, Tax Law, Public Benefits and Immigration Law for Michigan on
Q: Concerning federal poverty level. Are disabled ssdi and veterans benefits countable income for poverty chart?

For government immigration form fee waiver.

John Joseph Rizzo III
John Joseph Rizzo III
answered on Jan 30, 2018

I believe the answer could change based on the facts. For instance, many people use SSDI and SSI interchangeably when they are very different programs. If you receive SSI, you should be automatically eligible for the fee waiver. If you receive SSDI, that will probably count against you when... View More

1 Answer | Asked in Tax Law for Michigan on
Q: I have an outstanding tax liability that I have been paying on for years. It is a result of sales tax liability where

I was10% owner of company with ex, now deceased spouse. This is for the State of Michigan. MARCS is redoing my payment agreement and now wants to include my husband’s income in figuring my payments. He has absolutely nothing to do with this debt and this is the first time they have wanted to... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Jan 24, 2018

The IRS cannot take your husband's money to pay your debt. They can ask for the household income to determine how much of your income is actually going towards the household bills. If you both make the same amount of money then the IRS will allow you to claim half of the household bills as... View More

1 Answer | Asked in Child Support and Tax Law for Michigan on
Q: If a man is giving ex $ for child (not court ordered child support) can he claim that money on his taxes?

Ex told him if he claims that money, the courts will then make it court ordered child support instead of them being able to continue with their current arrangement. She lives in Ohio with the son. He lives in Grand rapids, MI.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Nov 29, 2017

You cannot deduct child support on your taxes (only alimony). The person receiving the child support does not pay taxes on the money received. If you are talking about taking the child as a dependent that depends on who provides over half the support for the child. Generally the person that... View More

1 Answer | Asked in Tax Law for Michigan on
Q: Can a parent that only has a child 48 days out of the year claim the child on their taxes?

My wife has full custody of our 3 year old son and his father has every other weekend as parenting time. However in their divorce decree it stated the father could claim him on taxes every other year. According to the IRS it would be illegal for the father to claim the child tax credit as he... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Nov 17, 2017

IRS Publication 596 discusses the exemption for divorced parents. The rules are as follows:

Special rule for divorced or separated parents or parents who live apart.

A child will be treated as the qualifying child of his or her noncustodial parent (for purposes of claiming an...
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1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Civil Rights for Michigan on
Q: The county made a mistake and misapplied my tax payment and I lost my home. Was the right to pay my tax violated?

By the time I found out the mistake was made the appeal window was closed. I owned 2 properties and the tax was put onto my other property that was not in jeopardy.

David Soble
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David Soble
answered on Oct 6, 2017

So I have handled these matters before. You will need to provide documentation to support your statements. In a situation like this, a real estate attorney needs to review your documents and can then give you direction.

1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: If I sell a piece of property in Michigan for a profit and sell a residential trailer for a loss, can I offset the

The profit with the loss?

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 8, 2017

This is a question more for a tax accountant but if BOTH were business ventures (ie -- neither was a residential or recreational property but both were 'rental' real estate that you ran as a business, it is likely that the losses can offset the gains. If either or both were personal... View More

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Tax Law for Michigan on
Q: How can me and husband obtain title to home his mother left to us

There is a land tax for 1year behind and title is still in her name but she passed away 4 years ago

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 7, 2017

If the deed (not what is on the taxes, but what is on the deed as recorded in the register of deeds office) is in your mother in law's name alone and there is not a beneficiary or co-owner, then you have to go through probate. There is NOTHING stopping you from paying the taxes that are in... View More

1 Answer | Asked in Appeals / Appellate Law, Foreclosure and Tax Law for Michigan on
Q: I lost my Home in Oakland County to tax foreclosure I have money to pay now is can I appeal

I entered into a payment agreement in Feb by paying a few thousand dollars. Due to mis information I miss 2 (300.00) payments when I called to pay off entire tax debt I discovered I no longer own my home it is scheduled for auction in July is there an appeal process. I have spoke to several people... View More

Adam Alexander
Adam Alexander
answered on Jun 20, 2017

I suggest you contact Michigan's Step Forward program to see if they can help. The link is here: https://www.stepforwardmichigan.org/en/

You should also contact the Michigan Treasurer's office to see if they can point you in the right direction. You still may have redemption...
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1 Answer | Asked in Tax Law for Michigan on
Q: If my mom were to give me $10000 as a gift. Would the irs come at me for suddenly possesing and spending $10000?

I read she doesnt have to file a gift tax return if the amount of gift is under $14000. My mom claims me on taxes. I currently have no job. Would I be okay to just put $10000 into my bank account without having to pay taxes on it if it's a gift?

Michelle D. Wynn
Michelle D. Wynn
answered on May 3, 2017

If it is a gift, then you do not need to pay any taxes on it. If you currently have creditors or if you owe the IRS, you may need to be concerned about their ability to seize this money once it is in your account. But if you are just concerned about how to explain the appearance of $10,000 in your... View More

2 Answers | Asked in Tax Law and Business Law for Michigan on
Q: I have an MI LLC thats two years old with no activity or sales. received a letter that I owe $29k. What do I do!?

I only got the LLC so I could start business but never did anything with it. What do I do? I cant afford that bill and Ive never used it.

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 24, 2017

If the debt is owed by the LLC and not you personally, I assume that the LLC will not pay it. The creditor might assert a theory for your personal liability and seek to collect from you. I would need more information in order to assess the possible outcomes. If this is a tax bill as the category... View More

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