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Documents used along the form

The Michigan 5092 form is essential for amending sales, use, and withholding taxes. When filing this form, several other documents may also be required to ensure compliance and accuracy. Below is a list of commonly used forms and documents that often accompany the Michigan 5092.

  • Form 5083: This form is used to report pre-paid sales tax. Taxpayers may need to reference it when calculating total sales and use tax due on the 5092 form.
  • Form 5085: This document serves a similar purpose as Form 5083 but is specifically for reporting pre-paid use tax. It is crucial for determining the total tax obligations.
  • Form 5086: Like the previous two forms, this one is for pre-paid withholding tax. Taxpayers may need this when amending their withholding tax obligations on the 5092.
  • Affidavit of Gift Form: To officially document the transfer of assets without any payment, use our essential Affidavit of Gift form resources for clarity and legal recognition.
  • Form 165: This form is necessary for amending tax years prior to 2015. If a taxpayer needs to correct past filings, they will use this form instead of the 5092.
  • Taxpayer Certification: A signed statement affirming the accuracy of the tax return. This certification is included in the 5092 but may also be required for other forms to validate the taxpayer's claims.

Understanding these associated documents can streamline the amendment process and help ensure compliance with Michigan tax regulations. Properly completing the Michigan 5092 form along with the necessary accompanying documents can prevent future complications and penalties.

Michigan 5092 Preview

Michigan Department of Treasury 5092 (08-14)

2015 Sales, Use and Withholding Taxes Amended Monthly/Quarterly Return

Issued under authority of Public Acts 167 of 1933 and 94 of 1937, as amended.

Taxpayer’s Business Name

 

 

 

 

 

Business Account Number (FEIN or TR Number)

 

 

 

 

 

 

 

 

 

Tax type being amended

 

 

 

 

 

Return Period Ending (MM-YYYY)

 

 

 

 

 

 

 

 

 

 

 

Sales Tax

 

Use: Sales and Rentals

 

Withholding Tax

 

Use Tax on Purchases

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reason Code for Amending Return (See Instr.)

If other, provide explanation

PART 1: SAlES AnD USE TAx

1. Gross sales, rentals and services

1a.

CORRECTED

Sales

1b.

CORRECTED

Use: Sales and Rentals

2.Total sales and/or use tax. Taxable amount multiplied

by 6% (0.06) ..................................................................................

3.Total pre-paid tax from Form 5083, 5085 or 5086

(e-ile only).....................................................................................

4.Remaining amount of sales and use tax eligible for discount. Subtract line 3 from line 2..............................................................

5.Total of allowable discounts. Multiply line 4 by your applicable discount rate..................................................................................

6.Total sales and use tax due. Subtract line 5 from line 4 .............

2a.

3a.

4a.

5a.

6a.

A. Sales Tax

XXXXXXX

2b.

3b.

4b.

5b.

6b.

B. Use Tax

XXXXXXX

PART 2: USE TAx On ITEMS PURChASED fOR BUSInESS OR PERSOnAl USE

7. Total amount of use tax from purchases and withdrawals from inventory. Multiply taxable amount

 

by 6% (0.06)

7.

PART 3: WIThhOlDIng TAx

8. Total amount of Michigan income tax withheld

8.

PART 4: TOTAl TAx/PAyMEnT DUE

9.

Amount of sales, use and withholding tax due. Add lines 6a, 6b, 7 and 8. If amount is negative, this is the

 

 

amount available for future tax periods (skip lines 10-14)

9.

10.

Total amount applied for this return period including overpayments available from previous periods or

 

 

amount previously paid for this return period

10.

11.

Amount of tax due. Subtract line 10 from line 9. If line 10 is greater than line 9, this is the amount

 

 

available for future tax periods (skip lines 12-14)

11.

12.

Penalty paid with this return (for late iling)

12.

13.

Interest paid with this return (for late iling)

13.

14.

TOTAl PAyMEnT DUE. Add lines 11, 12 and 13

14.

TAxPAyER CERTIfICATIOn: I declare under penalty of perjury that this return is true and complete to the best of my knowledge.

Signature of Taxpayer or Oficial Representative (must be Owner, Oficer, Member, Manager, or Partner)

Printed Name

Title

Date

Make check payable to “State of Michigan” and include your account number on your check.

Send your return and any payment due to: Michigan Department of Treasury, P.O. Box 30324, Lansing, MI 48909-7824

+ 0000 2015 88 01 27 5

Instructions for Sales, Use and Withholding Taxes Amended Monthly/Quarterly Return (form 5092)

NOTE: You must use Form 165 to amend tax years prior to 2015.

Form 5092 is used to amend monthly/quarterly periods in the current year. Complete the return with the corrected figures. Check the box for each tax type you are amending and provide the amended reason code located in the instructions. If the reason code is “Other,” write an explanation for the amendment.

IMPORTANT: This is a return for Sales Tax, Use Tax, and/ or Withholding Tax. If the taxpayer inserts a zero on (or leaves blank) any line for reporting Sales Tax, Use Tax, or Withholding Tax, the taxpayer is certifying that no tax is owed for that tax type. If it is determined that tax is owed, the taxpayer will be liable for the deficiency as well as penalty and interest.

Reason code for amending return: Using the table below, select the two-digit code that best represents the reason for amending the return. Enter the code in the appropriate field in the taxpayer information at the top of page 1.

01Increasing tax liability

02Decreasing tax liability

03Incorrect information/igures reported on original return

04Original return was missing information/incomplete

05Claiming previously unclaimed pre-paid sales tax

06Dispute an adjustment

07Tax Exempt

08Other

PART 1: SAlES AnD USE TAx

Line 1a: Total gross sales for tax period being reported. Enter the total of your Michigan sales of tangible personal property including cash, credit and installment transactions and any costs incurred before ownership of the property is transferred to the buyer (including shipping, handling, and delivery charges).

Line 1b: This line is used to report the following:

Out-of-state retailers who do not have retail stores in Michigan: Enter total sales of tangible personal property including cash, credit, and installment transactions.

Lessors of tangible personal property: Enter amount of total rental receipts.

Persons providing accommodations: This would include but not limited to hotel, motel, and vacation home rentals. This also includes assessments imposed under the Convention and Tourism Act, the Convention Facility Development Act, the Regional Tourism Marketing Act, the Community Convention or Tourism Marketing Act.

Telecommunications Services: Enter gross income from telecommunications services.

Line 2a: Total sales tax. Negative figures are not allowed or valid.

Line 2b: Total use tax. Negative figures not allowed or valid.

Line 5: Enter total allowable discounts. Discounts apply only to 2/3 (0.6667) of the sales and/or use tax collected at the 6 percent tax rate. See below to calculate your discount based on filing frequency:

Monthly Filer

If the tax is less than $9, calculate the discount by multiplying the tax by 2/3 (.6667).

Enter $6 if tax is $9 to $1,200 and paid by the 12th, or $9 to $1,800 and paid by the 20th .

If the tax is more than $1,200 and paid by the 12th,

calculate discount using this formula: (Tax x .6667 x .0075). The maximum discount is $20,000 for the tax period.

If the tax is more than $1,800 and paid by the 20th,

calculate discount using this formula: (Tax x .6667 x .005). The maximum discount is $15,000 for the tax period.

Quarterly Filer

If the tax is less than $27, calculate the discount by multiplying the tax by 2/3 (.6667)

Enter $18 if tax is $27 to $3,600 and paid by the 12th, or $27 to $5,400 and paid by the 20th.

If the tax is more than $3,600 and paid by the 12th,

calculate discount using this formula: (Tax x .6667 x .0075). The maximum discount is $20,000 for the tax period.

If the tax is more than $5,400 and paid by the 20th,

calculate discount using this formula: (Tax x .6667 x .005). The maximum discount is $15,000 for the tax period.

Accelerated Filer

If the tax is paid by the 12th, calculate discount using this formula: (Tax x .6667 x .0075).

If the tax is paid by the 20th, calculate discount using this formula: (Tax x .6667 x .005).

PART 2: USE TAx On ITEMS PURChASED fOR BUSInESS OR PERSOnAl USE

Line 7: To determine your use tax due from purchases and withdrawals, multiply the total amount of your inventory value by 6% (0.06) and enter here.

PART 3: WIThhOlDIng TAx

Line 8: Enter the total Michigan income tax withheld for the tax period.

PART 4: TOTAl TAx/PAyMEnT DUE

Line 9: If amount is negative, this is the amount available for

future tax periods (skip lines 10-14).

Line 10: Enter any payments you submitted for this period, enter any payments for this period including any overpayments available from previous periods. If you are using an overpayment from a previous period only enter the amount needed to pay the total liability for this return. In the event an overpayment still exists declare it on the next return you file with a liability. (Liability minus overpayments/prior payment for this period must be greater than or equal to zero).

how to Compute Penalty and Interest

If your return is filed with additional tax due, include penalty and interest with your payment. Penalty is 5% of the tax due and increases by an additional 5% per month or fraction thereof, after the second month, to a maximum of 25%. Interest is charged daily using the average prime rate, plus 1 percent.

Refer to www.michigan.gov/taxes for current interest rate information or help in calculating late payment fees.

Similar forms

  • IRS Form 1040X: This is the U.S. Individual Income Tax Return Amended. Like the Michigan 5092, it allows taxpayers to correct errors on previously filed returns, ensuring accurate tax liability reporting.

  • IRS Form 941-X: This form is used to amend the Employer's Quarterly Federal Tax Return. Similar to the 5092, it helps correct mistakes in previously reported employment taxes.

  • Bill of Sale: A Bill of Sale form is essential for documenting the transfer of ownership of personal property, ensuring legality and transparency in transactions.

  • Michigan Form 5083: This is a Prepaid Sales Tax Return. It shares similarities with the 5092 in that both forms deal with sales tax, allowing for corrections and adjustments to previous filings.

  • IRS Form 1065: This is the U.S. Return of Partnership Income. If amended, it resembles the 5092 by allowing partnerships to correct income, deductions, and credits.

  • IRS Form 1120X: This is the Amended U.S. Corporation Income Tax Return. Like the 5092, it permits corporations to rectify previously filed tax returns.

  • Michigan Form 5018: This is the Michigan Corporate Income Tax Amended Return. Similar to the 5092, it allows corporations to amend their tax obligations.

  • IRS Form 990: This is the Return of Organization Exempt from Income Tax. When amended, it parallels the 5092 by enabling non-profits to correct financial information.

  • Michigan Form 4906: This is the Michigan Individual Income Tax Return Amended. It shares the purpose of correcting errors in individual tax filings, similar to the 5092.

  • IRS Form 8862: This is used to claim the Earned Income Credit after disallowance. It allows taxpayers to amend their claims, akin to how the 5092 corrects tax liabilities.

  • IRS Form 8863: This form is for Education Credits. When amended, it functions similarly to the 5092 by allowing taxpayers to correct education-related tax credits.

Misconceptions

Understanding the Michigan 5092 form can be challenging, and several misconceptions may lead to confusion. Here are eight common misunderstandings about this form:

  • Only businesses need to file the 5092 form. Many individuals who are self-employed or have rental income also need to file this form, regardless of their business structure.
  • The 5092 form is only for sales tax. In reality, this form covers sales tax, use tax, and withholding tax, making it essential for various tax obligations.
  • Amendments can be made at any time. Amendments using the 5092 form must be filed within the current tax year. For previous years, a different form is required.
  • Leaving a line blank means no tax is owed. If a taxpayer leaves a line blank or enters zero, they certify that no tax is owed for that category. If taxes are later found to be due, penalties may apply.
  • All discounts are automatically applied. Taxpayers must calculate and enter their discounts manually. There are specific formulas based on filing frequency that determine the discount amount.
  • Filing late will only result in a penalty. In addition to penalties, interest will accrue on any unpaid tax. This interest is calculated daily, adding to the overall amount owed.
  • Only the owner can sign the form. While the owner must sign, other authorized representatives such as officers, members, managers, or partners can also sign on behalf of the business.
  • All tax types are filed separately. The 5092 form allows for the reporting of multiple tax types on a single form, streamlining the filing process.

Being aware of these misconceptions can help ensure accurate and timely filing of the Michigan 5092 form, ultimately avoiding unnecessary penalties and interest.

Detailed Instructions for Using Michigan 5092

Completing the Michigan 5092 form requires careful attention to detail. This form is essential for amending your sales, use, and withholding taxes for a specific period. After filling out the form correctly, you will need to submit it along with any payment due to the Michigan Department of Treasury.

  1. Obtain the form: Download the Michigan 5092 form from the Michigan Department of Treasury website.
  2. Enter your business information: Fill in your business name, business account number (FEIN or TR Number), tax type being amended, and the return period ending date (MM-YYYY).
  3. Select the reason for amending: Choose the appropriate reason code for amending your return and provide an explanation if you select "Other."
  4. Complete Part 1: Report your gross sales, rentals, and services. Fill in the corrected sales and use amounts, and calculate the total sales and use tax.
  5. Fill in Part 2: Report the total amount of use tax on items purchased for business or personal use.
  6. Complete Part 3: Enter the total amount of Michigan income tax withheld.
  7. Calculate total tax/payment due in Part 4: Add the amounts from previous sections to determine the total tax due. If applicable, calculate any penalties or interest.
  8. Taxpayer certification: Sign the form, providing your printed name, title, and date.
  9. Prepare for submission: Make your check payable to "State of Michigan," include your account number, and send the completed form and payment to the Michigan Department of Treasury at the specified address.

Dos and Don'ts

When filling out the Michigan 5092 form, attention to detail is crucial. Here are some important do's and don'ts to keep in mind:

  • Do ensure that all figures are accurate and reflect the correct amounts for sales, use, and withholding taxes.
  • Do check the appropriate boxes for each tax type you are amending.
  • Do provide a clear explanation if you select "Other" as your reason for amending the return.
  • Do calculate any discounts accurately based on the guidelines provided for your filing frequency.
  • Don't leave any lines blank if they apply to your situation; doing so certifies that no tax is owed for that category.
  • Don't forget to sign and date the form; an unsigned return may be considered invalid.
  • Don't use negative figures in any line; they are not allowed and will lead to complications.
  • Don't ignore the deadline for filing; late submissions can incur penalties and interest.

By following these guidelines, you can help ensure that your submission is processed smoothly and accurately. Always double-check your work before submitting the form.