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Michigan Tax Law Questions & Answers
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
PREMIUM
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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1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Landlord - Tenant for Michigan on
Q: What can I as a tenant do regarding my landlord's 2 years of delinquent property taxes?

We received an orange paper stating the house was foreclosed, but could be redeemed by paying the delinquent taxes by March 31, 2017. The total tax bill is $3,113.87 for the years of 2015 and 2016. We (my wife, daughter and I) are still living in the house.

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

Understand YOU are not responsible for the back taxes. You ARE responsible to the landlord for rent, but there MAY be options you can take.

I would strongly urge you to consult with a landlord/tenant lawyer and consider the possibility of setting up an escrow account for future rent while...
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1 Answer | Asked in Landlord - Tenant and Tax Law for Michigan on
Q: i rent a house from a property managemnet group and my daughter lives in the house i pay the rent every month

can i claim the rent on my return

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 31, 2017

If you are looking to claim the Michigan 'home heating credit' or real estate tax "surrogate" credit for rental property, you have to LIVE in the home AND pay rent/mortgage/taxes in order to claim it. You may be able to claim TAXES on a second home if you itemize deductions, but... View More

1 Answer | Asked in Tax Law for Michigan on
Q: I've not filed Fed or State taxes for about 10 years [long story] and I wish to get current.

I've not filed Fed or State taxes for about 10 years [long story] and I wish to get current.

I've consulted with a few CPA's who have responded with $1600-$2000 fees which I cannot afford as I'm self employed and low income barely making ends meet currently.

What... View More

Matthew M Montoya
Matthew M Montoya
answered on Jan 30, 2017

A CPA will help you get the returns, certainly, but many lack the training or background to be able to help you with the resulting tax debt. What you need is either a Tax Attorney or Enrolled Agent to guide you through that process - they can prepare returns as well. Fortunately, it's a... View More

1 Answer | Asked in Real Estate Law, Divorce and Tax Law for Michigan on
Q: My ex wants me to keep the house but only his name is on the loan. Can I just take it over? Is it best for me to refi?

We are trying to get all our ducks in a row before we file. Both our names are on the house, but only his name is on the loan and he wants me to keep the house. He has a conventional loan and I read that a simple assumption may not be an option with those loans. Am I able to just take over the... View More

Scott Marshall Neuman
Scott Marshall Neuman
answered on Sep 21, 2016

If he is willing that his name remains on the mortgage while he signs a quit claim deed to you and he relinquished all rights on the house in the final judgement of divorce, then if you continent making the payments there is little chance that the mortgage company would find out. If the mortgage... View More

1 Answer | Asked in Tax Law for Michigan on
Q: I filed 2009 taxes before the 3 year period. There was an error and I amended it & sent it in after the 3 year. They sai

said I won't get my refund because the amended part came in after the 3 year. Can they do that?

Jennifer Louise Long
Jennifer Louise Long
answered on Dec 9, 2014

Generally, the IRS only allows a 3-year period from the return due date to file a claim for refund. This also applies to a refund that would be produced from an amended return. Normally, you need to file an amended return within 3 years from the date that the original return was filed. However, if... View More

2 Answers | Asked in Tax Law for Michigan on
Q: The tax company i use last year sold my children information and someone use it to file tax What can I do?
Jennifer Louise Long
Jennifer Louise Long
answered on Mar 2, 2014

For IRS tax purposes, I would encourage you to fill out IRS Form 14039 Identity Theft Affidavit. See Taxpayer Guide to Identity Theft http://www.irs.gov/uac/Taxpayer-Guide-to-Identity-Theft. The IRS also request that you do the following:

1) Report incidents of identity theft to the Federal...
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