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Michigan Tax Law Questions & Answers
1 Answer | Asked in Foreclosure and Tax Law for Michigan on
Q: Did court rule retroactive 2020

I want to claim leftover proceeds from 2017 tax auction. I owed $1,500 selling price was $29,000

Brent T. Geers
Brent T. Geers
answered on May 16, 2022

I'm not sure you have a claim after so much time has passed, or if it would be financially worth it for you to pursue. Generally, when houses are foreclosed and auctioned, the taxes get paid and the bank or mortgage company get what they get. Sometimes they win big; sometimes not.

1 Answer | Asked in Immigration Law and Tax Law for Michigan on
Q: What is my legal address between moving?

I'm planning to move across country coast to coast, and plan to drive. It's going to be a few days of driving. Assuming I:

Move between 05-09/August

Started a lease on an apartment in new location, 01/August

Ended my lease in old location, end of August

For... Read more »

Brent T. Geers
Brent T. Geers
answered on May 11, 2022

You should consult an immigration lawyer for specifics on any nuances you may be subject to - particularly whether you need to declare a new location before moving. But generally, residency is prospective and intentional, determined by the place you intend to reside going forward. You have a lease,... Read more »

1 Answer | Asked in Tax Law for Michigan on
Q: I’ve claimed my little sister on taxes these past two years since our mother died

This year my brother wants to be spiteful and claim her on HIS taxes after I’ve already filed and received my return just so he can use the money for his own purposes, my sister doesn’t even live with him she lives with me and my girlfriend

Brent T. Geers
Brent T. Geers
answered on Apr 6, 2022

First thing you should probably do is get guardianship over your sister. That would resolve the legal issue of who is financially responsible for her. As to the IRS, it's often the case of "first to file". You can support your claim by showing you provide more than 50% of her... Read more »

2 Answers | Asked in Estate Planning and Tax Law for Michigan on
Q: I've a will specifying my 2 cars go to a friend on my death. Will the friend have to pay taxes to receive the vehicles?

I am divorced, cars are titled in my name only and fully paid for, no liens. I reside in Michigan. Michigan SOS (DMV) advised heir will have to pay sales tax - seems strange. Is this correct? My house will transfer without fees on my death.

Brent T. Geers
Brent T. Geers
answered on Mar 23, 2022

The Secretary of State is correct in this case. Only transfers of title between immediate family members are exempt from the 6% tax. If your friend is to receive the vehicles, he or she will need to pay that 6% tax.

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1 Answer | Asked in Family Law, Real Estate Law and Tax Law for Michigan on
Q: I just need a couple of questions answered but do not currently have any money. Does anyone do a free consultation?

Is there anyone that could give me free legal advice for free if so who?

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 12, 2022

MOST attorneys offer limited consultations at no charge.

You need to contact an attorney in your geographic area who handles the type of issue you have (domestic, real estate, estate planning, criminal law, civil litigation, etc.) directly and ask to set up a time for a free consultation....
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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Michigan on
Q: In Michigan do we pay taxes after selling deceased parents home

They had no will and we just sold it ( a few years after they passed after getting permission from courts).

There are 7 children splitting the money whom each get about $8,000 each.

They had no other assets or estate to speak of

Brent T. Geers
Brent T. Geers
answered on Mar 7, 2022

Did you already pay the inventory fee to the probate court? Other than that, there shouldn't be.

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1 Answer | Asked in Business Law and Tax Law for Michigan on
Q: I started a software company in Michigan and I am getting clients from other states, do I need to file LLC there?

I started an LLC for software-as-a-service in Michigan and I am getting clients from Ohio and Illinois, I wanted to know that do I need to file an LLC in all states from where I get clients or I can do business from my Michigan LLC only, and where do I pay income tax?

Edward Gudeman
Edward Gudeman
answered on Feb 24, 2022

The filing of Articles of Organization in the other states in which you are doing business is not appropriate. Doing so would create separate entities that would have to be treated accordingly.

The registration of your company in those states in which you are doing business is, however,...
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1 Answer | Asked in Divorce, Tax Law and Arbitration / Mediation Law for Michigan on
Q: My soon to be ex-wife has been skimming money from our tax refunds for a few years now. Any legal options to recover it?

I am in the process of going through a divorce. I found out that my wife has been skimming $2500 a year off of our tax returns for several years. We each have our own children from previous marriages. When confronted she claimed that she was entitled to do this because of her daughter's $2500... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 14, 2022

Through your divorce, possibly. But as to the IRS, the money is as much hers as it is yours.

2 Answers | Asked in Employment Law, Tax Law, Business Formation and Civil Rights for Michigan on
Q: Is this a court-worthy case?

I was asked by a former employer to create a website store for his small business. I worked on it, hours everyday for months and spent 500$ to perfect it, which I was told would be covered. After finishing the website I was suddenly let go from the business. I've been an employee of the... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 1, 2022

If you were an employee, maybe this is a wage and labor issue?

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1 Answer | Asked in Tax Law for Michigan on
Q: Do you have to pay taxes on real money winnings in phone app games?

Like in app game such as blackout bingo or cash carnival real money slots and spin to win? Also are game like these legal.

Brent T. Geers
Brent T. Geers
answered on Jan 17, 2022

The IRS considers winnings income that you must report. Most legit places will issue a 1099 along with your winnings, which is how the IRS will know to look for your accurate reporting come tax time.

2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: Girlfriend and I own 2 properties together, she lives in one I live in another. Can we both get homestead exemption?

Both houses are in the same city in Michigan. We own them as joint tenant in common with right of survivorship.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 7, 2021

Your question has a 'fatal flaw'.

There is no such thing as 'joint tenant in common with right of survivorship'. You EITHER own as 'tenants in common' OR you have 'rights of survivorship', It can't be both. Tenants in common implies there is no...
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3 Answers | Asked in Divorce, Estate Planning, Family Law and Tax Law for Michigan on
Q: Can wife and I establish a family trust as co-trustees regarding properties that can withstand an uncontested divorce?
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 7, 2021

It is unclear what you are trying to accomplish.

A divorce will ALWAYS impact jointly owned property, and the fact it is placed in a 'trust' for some estate planning or administrative purpose doesn't mean a divorce court shouldn't or couldn't 'delve into'...
Read more »

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1 Answer | Asked in Tax Law, Estate Planning and Real Estate Law for Michigan on
Q: Is there a way to pass on a property my S. Corp owns to my children without uncapping property tax?

I am the sole owner of my S. Corp.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 7, 2021

You have asked a fairly complex question that requires the review of both a lawyer and a tax specialist (that may be one person or if you have a tax accountant it may be two).

Off hand, I'd say it depends on what the property is used for. Residential? Commercial? Rental? And what does...
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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
PREMIUM
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
PREMIUM
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...
Read more »

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
PREMIUM
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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