Free Michigan 165 Template Prepare Document Here

Free Michigan 165 Template

The Michigan 165 form, officially known as Form 5081, serves as the annual return for sales, use, and withholding taxes. Issued by the Michigan Department of Treasury, it is a crucial document for businesses operating within Michigan, enabling them to report and pay the taxes collected over the fiscal year. It is important to note that this form cannot be used for amended returns and must be filed by a specified deadline to avoid penalties.

Ready to ensure compliance with Michigan's tax laws? Click the button below to efficiently fill out your Michigan 165 form.

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The Michigan 165 form, officially known as the 2021 Sales, Use and Withholding Taxes Annual Return (Form 5081), serves as a crucial document for businesses operating within Michigan, consolidating the reporting of sales, use, and withholding taxes into a single return. Formulated under the auspices of several Public Acts, this comprehensive form facilitates the simultaneous declaration of gross sales, taxable balances, and tax dues while also addressing various tax exemptions and deductions pertinent to businesses. It's pivotal for business owners to note that the form, not amendable after submission, must be filed by the designated deadline of February 28, 2022, to avoid any penalties. Moreover, businesses are urged to leverage the convenience and efficiency of filing electronically via Michigan Treasury Online (MTO), although manual submission is still accommodated. Detailed within the form are distinct sections covering sales and use tax calculations, including deductions for resale, industrial processing, agricultural production, and other exemptions, alongside a separate segment for accurately reporting withholding taxes. With strict instructions against the use of this form for amending previously filed returns and a clear emphasis on electronic filing through MTO, the 2020 revision of Form 5081 underscores Michigan's commitment to streamlining tax reporting processes for the benefit of the state's business ecosystem.

Sample - Michigan 165 Form

Click Here to Use Michigan Treasury Online to File Electronically

Michigan Department of Treasury

5081 (Rev. 04-20), Page 1 of 2

2021 Sales, Use and Withholding Taxes Annual Return

Issued under authority of Public Acts 167 of 1933, 94 of 1937, and 281 of 1967, all as amended.

Reset Form

This form cannot be used as an amended return; see the 2021

Sales, Use and Withholding

Taxes Amended Annual Return (Form 5082).

File this return by February 28, 2022.

Do not use this form to replace a monthly/quarterly return.

Taxpayer’s Business Name

Business Account Number (FEIN or TR Number)

Street Address

City

State

ZIP Code

PART 1: SALES AND USE TAX

1.Total gross sales for tax year being reported...........................................

2.Rentals of tangible property and accommodations .................................

3.Telecommunications services..................................................................

4.Add lines 1, 2 and 3.................................................................................

A. Sales

B. Use: Sales & Rentals

1.

2. XXXXXXX

3. XXXXXXX

4.

5.ALLOWABLE DEDUCTIONS

 

a. Resale, sublease or subrent

5a.

 

b. Industrial processing exemption

5b.

 

c. Agricultural production exemption

5c.

 

d. Interstate commerce

5d.

 

e. Nontaxable services billed separately

5e.

 

f. Bad debts

5f.

 

g. Food for human/home consumption

5g.

 

h. Government exemption

5h.

 

i. Michigan motor fuel tax

5i.

 

j. Direct payment deduction

5j.

 

k. Other exemptions and/or deductions (see instructions)

5k.

 

l. Tax included in gross sales

5l.

 

m. Total allowable deductions. Add lines 5a - 5l

5m.

6.

Taxable balance. Subtract line 5m from line 4

6.

7.

Gross tax due. Multiply line 6 by 6% (0.06)

7.

8.

Tax collected in excess of line 7

8.

9.

Tax due before discount allowed. Add lines 7 and 8

9.

10.

Total discount allowed (see instructions)

10.

A. Sales Tax

B. Use Tax

XXXXXXX

XXXXXXX

+ 0000 2021 68 01 27 4

Continue on page 2.

2021 Form 5081, Page 2 of 2

 

 

 

 

 

Taxpayer’s Business Name

 

Business Account Number

 

 

 

 

 

 

 

 

 

 

 

 

A. Sales Tax

 

B. Use Tax

11.

Total tax due. Subtract line 10 from line 9

 

11.

 

 

 

 

 

12.

.....................Tax payments and credits in current year (after discounts)

12.

 

 

 

 

 

PART 2: USE TAX ON ITEMS PURCHASED FOR BUSINESS OR PERSONAL USE

 

 

 

 

 

 

13.

Purchases for which no tax was paid or inventory purchased or withdrawn for business or personal use....

13.

 

 

14.

.....................................................................Total use tax on purchases due. Multiply Line 13 by 6% (0.06)

 

 

14.

 

 

15.

..........................................................................Use tax paid on purchases and withdrawals in current year

 

 

15.

 

 

PART 3: WITHHOLDING TAX

 

 

 

 

 

 

 

 

 

 

 

 

 

 

16.

Gross Michigan payroll, pension and other taxable compensation

 

 

16.

 

 

17.

Total number of W-2 and 1099 forms

 

17.

 

 

 

 

18.

........................................................................Total Michigan income tax withheld per W-2 and 1099 forms

 

 

18.

 

 

19.

..............................................................Total Michigan income tax withholding paid during current tax year

 

 

19.

 

 

PART 4: SUMMARY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

20.

Total sales, use and withholding tax due. Add lines 11A, 11B, 14 and 18

 

 

20.

 

 

21.

.....................................................Total sales, use and withholding tax paid. Add lines 12A, 12B, 15 and 19

 

 

21.

 

 

22.

...........................................If line 21 is greater than line 20, enter the difference here. If not, skip to line 25

 

 

23.

............................................................................Amount of line 22 to be credited forward to a future period

 

 

23.

 

 

24.

REFUND. Subtract line 23 from line 22

 

 

 

 

24.

 

 

25.

If line 21 is less than 20, enter balance due

 

 

 

 

25.

 

 

26.

.................................................................................Penalty for late filing or late payment (see instructions)

 

 

26.

 

 

27.

Interest for late payment (see instructions)

 

 

 

 

27.

 

 

28.

TOTAL PAYMENT DUE. Add lines 25, 26 and 27

 

 

 

 

28.

 

 

PART 5: SIGNATURE (All information below is required.)

Taxpayer Certification. I declare under penalty of perjury that the information in this

Preparer Certification. I declare under penalty of perjury that this

return and attachments is true and complete to the best of my knowledge.

return is based on all information of which I have any knowledge.

 

 

 

 

 

 

 

 

 

 

 

 

Preparer’s Signature

 

 

 

By checking this box, I authorize Treasury to discuss my return with my preparer.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature of Taxpayer or Official Representative (must be Owner, Officer, Member,

Preparer’s Business Address

 

Manager, or Partner)

 

 

 

 

 

 

 

 

 

 

 

Print Taxpayer or Official Representative’s Name

 

Date

 

 

 

 

 

 

 

 

 

Title

Telephone

Number

Preparer’s Identification Number

Preparer’s Telephone Number

 

 

 

 

 

 

 

File and pay this return for free on Michigan Treasury Online at mto.treasury.michigan.gov.

Alternatively, make check payable to “State of Michigan.” Write the account number, “SUW Annual” and tax year on the check. Send the return and payment due to: Michigan Department of Treasury, P.O. Box 30401, Lansing, MI 48909-7901

+ 0000 2021 68 02 27 2

2021 Form 5081, Page 3

Instructions for 2021 Sales, Use and

Withholding Taxes Annual Return (Form 5081)

Form 5081 is available for submission electronically using Michigan Treasury Online (MTO) at mto.treasury.michigan.gov or by using approved tax preparation software. Most taxpayers will have the option to file the Annual EZ form, reducing the amount of fields needed to complete. Go to MTO to see if you qualify.

NOTE: The address field on this form is required to be completed but will not be used to replace an existing valid address for the purpose of correspondence or refunds. Update address and other registration information using MTO at mto.treasury.michigan.gov or mail a Notice of Change or Discontinuance (Form 163).

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 reporting sales tax, use tax or withholding tax, the taxpayer is certifying that no tax is owed for that tax type. Only enter figures for taxes the business is registered and/or liable for. If it is determined that tax is owed the taxpayer will be liable for the deficiency as well as penalty and interest.

PART 1: SALES AND USE TAX

Lines 1 through 3: For information about determining whether a person has nexus with Michigan, see Revenue Administrative Bulletins (RABs) 1999-1, 2015-22, and 2018-

16.Please also visit www.michigan.gov/remotesellers for guidance, including FAQs.

Line 1A: SALES TAX - Total Gross Sales for the Tax

Year: This line should be used by sellers with nexus to report sales of tangible personal property where ownership transfers in Michigan. This includes sellers with nexus through physical presence or economic presence (remote sales).

Enter total sales, including cash, credit and installment transactions, of tangible personal property. Include any costs incurred before ownership of the property is transferred to the buyer, including installation, shipping, handling, and delivery charges. Dealers do not reduce sales reported here by any trade-in value.

Providers of nontaxable services (that do not involve the sale or lease of tangible personal property) should not report those sales.

Line 1B: USE TAX - Total Sales for the Tax Year: This line should be used by:

Sellers with nexus to report sales of tangible personal property sourced to Michigan, for which ownership transfers outside Michigan, or

Remote sellers without nexus who voluntarily collect Michigan tax.

Enter total sales, including cash, credit, and installment transactions, of tangible personal property.

Line 2B: USE TAX - Rentals of Tangible Personal Property and Accommodations.

Lessors of tangible personal property: Lessors that have made a valid election under MCL 205.95(4) and MAC R 205.132(1) should report receipts from rentals of that tangible personal property under the election.

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

Line 3B: USE TAX - Telecommunications Services. Enter gross income from telecommunications services.

Line 5a-5l: Allowable Exemptions and/or Deductions. Use lines 5a - 5l to deduct from gross sales the nontaxable sales included in line 4. Deductions taken for tax exempt sales must be substantiated in business records. A completed copy of Michigan Sales and Use Tax Certificate of Exemption (Form 3372) or the same information in another format must be obtained from the purchaser. For more information on exemption documentation, see Revenue Administrative Bulletin (RAB) 2016-14.

Line 5a: Resale, Sublease or Subrent. Enter resale, sublease or subrent exemption claims.

Line 5b: Industrial Processing Exemption. The sale or lease of tangible personal property ultimately used in industrial processing by an industrial processor is exempt. Industrial processing is the activity of converting or conditioning tangible personal property by changing its form, composition, quality, combination, or character. In general, all of the following must be met:

Property must be used in producing a product for ultimate sale at retail,

Property must be sold or leased to an industrial processor, including a person that performs industrial processing on behalf of another industrial processor or performs industrial processing on property that will be incorporated into a product for ultimate sale at retail, and

Activity starts when property begins moving from raw materials storage to begin industrial processing and ends when finished goods first come to rest in finished goods inventory.

If property is used for both an exempt and a taxable purpose, the property is only exempt to the extent that it is used for an exempt purpose. In such cases, the exemption is limited to the percentage of exempt use to total use determined by a reasonable formula or method approved (but not required to be pre-approved) by Treasury. For exceptions and exclusions, see MCL 205.54t and 205.94o.

Line 5c: Agricultural Production Exemption. Property must be directly or indirectly used in agricultural production. Generally, the following non-exhaustive list may be exempt:

(i) Tangible personal property sold or leased to a person

2021 Form 5081, Page 4

engaged in a business enterprise that uses or consumes the property for either:

Tilling, planting, draining, caring for, maintaining, or harvesting things of the soil, or

Breeding, raising, or caring for livestock, poultry, or horticultural products.

(ii)To the extent that the property is affixed to and made a structural part of real estate for others and used for an exempt purpose in (i), tangible personal property sold to a contractor that is one of the following:

Agricultural land tile

Subsurface irrigation pipe

Portable grain bins

Grain drying equipment and its fuel or energy source However, the following sales from (i) or (ii) are not exempt:

Food, fuel, clothing, or similar property for personal living or human consumption, or

Property permanently affixed to and becoming a structural part of real estate unless it is agricultural land tile, subsurface irrigation pipe, a portable grain bin, or grain drying equipment. Certain property that can be disassembled and reassembled may be exempt.

Some specific types of exempt property and exempt uses of property are clarified in the statute. If property is used for both an exempt and a taxable purpose, the property is only exempt to the extent that it is used for an exempt purpose. In such cases, the exemption is limited to the percentage of exempt use to total use determined by a reasonable formula or method approved (but not required to be pre-approved) by Treasury. For more information, see MCL 205.54a and 205.94.

Line 5d: Interstate Commerce. Enter sales made in interstate commerce. To claim such a deduction, the property must be delivered by the business to the out-of-state purchaser. Property transported out-of-state by the purchaser does not qualify as interstate commerce. Documentation of out-of-state shipments must be retained in business records to support this deduction.

Line 5e: Nontaxable Services Billed Separately. Enter charges for nontaxable services billed separately, such as repair or maintenance, if these charges were included in gross receipts on line 1. Costs, such as delivery or installation charges, that are incurred before the completion of the transfer of ownership of taxable property are included in the tax base and may not be subtracted.

Line 5f: Bad Debts. Bad debts may be eligible for a deduction if the following criteria are met:

The debts are charged off as uncollectible on business books and records at the time the debts become worthless

The debts are deducted on the return for the period during which the bad debts are written off as uncollectible

The debts are or would be eligible to be deducted for federal income tax purposes.

A bad debt deduction may be claimed by a third-party lender if the retailer who reported the tax and the lender financing the sale timely execute and maintain a separate written election designating which party may claim the deduction. Certain additional conditions must be met. See MCL 205.54i, 205.99a, and RAB 2019-3.

Line 5g: Food for Human/Home Consumption. Enter the total of retail sales of grocery-type food, excluding tobacco, marihuana products, and alcoholic beverages. Prepared food is subject to tax. See MCL 205.54g and MCL 205.94d for more information.

Line 5h: Government Exemption. Direct sales to the United States government or the state of Michigan or its political subdivisions are exempt.

Line 5i: Michigan Motor Fuel Tax. Motor fuel retailers may deduct the Michigan motor fuel taxes that were included in gross sales on line 1 and paid to the State or the distributor.

Line 5j: Direct Payment Deduction. Enter sales made to purchasers that claimed direct pay exemption from sales and use taxes. With the exemption claim, the purchaser must include the following statement: “Authorized to pay use tax on purchases of tangible personal property directly to the State of Michigan under Account Number [listing either the Federal Employer Identification Number or the Michigan Treasury Registration Number]. If using Michigan Sales and Use Tax Certificate of Exemption (Form 3372), check the box in Section 3 for “Other” and include the above statement as the explanation. MCL 205.98.

Line 5k: Other Exemptions and/or Deductions. Identify exemptions or deductions not covered in items 5a through 5j on this line. Examples of exemptions or deductions are:

Allowable trade-in values on vehicle sales. Motor vehicle, recreational vehicle, and watercraft dealers may be eligible to deduct the value of a trade-in under MCL 205.51(d). Deduction for motor vehicles is subject to limitation.

Taxes paid to Secretary of State are not reported here. Instead, they are reported on the Vehicle Dealer Supplemental Schedule (Form 5086, e-file only).

Credit for the core charge attributable to a recycling fee, deposit, or disposal fee for a motor vehicle or recreational vehicle part or battery if the recycling fee, deposit, or disposal fee is separately stated on the invoice, bill of sale, or similar document given to the purchaser.

Direct sales, not for resale, to certain nonprofit agencies, churches, schools, hospitals, and homes for the care of children and the aged, to the extent the property is used to carry out the nonprofit purpose of the organization. For sales to certain nonprofit agencies, the exemption is limited based on the sales price of property used to raise funds or obtain resources. All sales must be paid for directly from the funds of the exempt organization to qualify.

Assessments imposed under the Convention and Tourism Act, the Convention Facility Development Act, the

2021 Form 5081, Page 5

Regional Tourism Marketing Act, or the Community Convention or Tourism Marketing Act. Hotels and motels may deduct the assessments included in gross sales and rentals if use tax on the assessments was not charged to the customers.

Credits allowed to customers for sales tax originally paid on merchandise voluntarily returned, provided the return is made within the time period for returns stated in the taxpayer’s refund policy or 180 days after the initial sale, whichever is earlier. Repossessions are not allowable deductions.

Sales to contractors of materials which will become part of a finished structure for a qualified exempt nonprofit hospital, qualified exempt nonprofit housing entity or church sanctuary, or materials to be affixed to and made a structural part of real estate located in another state. The purchaser will provide a Michigan Sales and Use Tax Contractor Eligibility Statement (Form 3520). See RAB 2016-18.

Vehicle sales to non-reciprocal states for which no tax was paid to Secretary of State.

Qualified nonprofit organizations with aggregate sales in the calendar year of less than $25,000 may exempt the first $10,000 of sales for fundraising purposes. Separately, veterans organizations exempt under IRC 501(c)(19) may exempt sales for the purpose of raising funds for the benefit of an active duty service member or veteran, up to $25,000 per event.

Line 5l: Tax Included in Gross Sales. Complete this line only if you have tax included in your gross sales. Subtract line 5m from line 4, then divide by 17.6667 and enter the amount.

Line 8: If more tax was collected than the amount on line 7, enter the difference.

Line 10: Total Discount Allowed for Timely Payments.

Annual filers: Enter $72 if the tax due on line 9 is $108 or more. If tax due is less than $108, calculate the discount by multiplying line 9 by 2/3 (0.6667).

Accelerated/Monthly/Quarterly filers: Enter total discounts allowed for the year.

Line 12: Enter total payments plus credits from 2021 Fuel Supplier and Wholesaler Prepaid Sales Tax Schedule (Form 5083), 2021 Fuel Retailer Supplemental Schedule (Form 5085), and 2021 Vehicle Dealer Supplemental Schedule (Form 5086), if applicable, made for the current tax year.

Note: all prepaid sales tax schedules are e-file only.

PART 2: USE TAX ON ITEMS PURCHASED FOR BUSINESS OR PERSONAL USE

Line 13: Unless a specific exemption applies enter purchases for which no sales or use tax was paid, including property withdrawn for business or personal use. See Michigan Use Tax Act, 1937 PA 94, for information on various exemptions. For questions contact Michigan Department of

Treasury at 517-636-4357. For Manufacturer/Contractors, alternative measures of the use tax base should be reported (see MCL 205.93a(1)(f) and (g) and RAB 2016-24 for more information). For all other taxpayers, report the “purchase price” as defined in MCL 205.92(f).

PART 3: WITHHOLDING TAX

Line 17: Enter the number of your W-2 and 1099 statements.

Line 18: Enter the total Michigan income tax withheld for the return year.

Line 19: Enter the total Michigan income tax withholding previously paid for the return year. (Do not include penalty and interest.)

PART 4: SUMMARY

Line 24: Enter the amount of overpayment from line 22 to be refunded. Refunds will not be made in amounts of less than $1.

Line 25: If line 21 (tax paid) is less than line 20 (tax due), enter the additional tax due. Pay any amount greater than or equal to $1.

Line 28: Total Payment Due. Add lines 25, 26 and 27. Make check payable to “State of Michigan.” Write the account number, “SUW Annual” and the tax year on the check. Do not pay if the amount due is less than $1.

How to Compute Penalty and Interest

If the return is filed after February 28 and no tax is due, compute penalty at $10 per day up to a maximum of $400. If the return is filed with additional tax due, include penalty and interest with the 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.

PART 5: SIGNATURE

REMINDER: Taxpayers must sign and date returns. Preparers must provide a Preparer Taxpayer Identification Number (PTIN), FEIN or Social Security Number (SSN), as well as a business name, business address and phone number.

Annual Return Reporting

All taxpayers are encouraged to file the annual return electronically using Michigan Treasury Online (MTO). Visit mto.treasury.michigan.gov for more information. Taxpayers with 250 or more employees must file their withholding return electronically. Do not include wage statements with your mailed annual return.

1099 and Wage Statement Reporting

Due Date. State copies of wage statements are due to the Department of Treasury on or before January 31. Late filing is subject to penalty as provided by the Revenue Act. Pursuant to the Income Tax Act of 1967, Treasury is unable to grant an extension of this filing.

2021 Form 5081, Page 6

1099 Reporting: Forms with Withholding. Taxpayers who withheld Michigan income tax on a 1099 form (1099- MISC, 1099-NEC, 1099-R, etc.) must report the income and the withholding on the Sales, Use, and Withholding Taxes Annual Return (Form 5081) and send a copy of the 1099 form directly to Treasury.

1099 Reporting: Forms without Withholding. Michigan participates in the combined federal/state 1099 filing program. Taxpayers who electronically filed 1099 forms using the IRS Filing Information Returns Electronically (FIRE) system should not send copies to Treasury. Taxpayers who did not electronically file 1099 forms through the IRS FIRE system should only send copies of the 1099-MISC forms to Treasury.

Filing Options. All taxpayers are encouraged to file state copies of wage statements electronically using Michigan Treasury Online (MTO). On MTO, you can submit wage statements for a particular business you have connected to via Tax Services or you can utilize Guest Services to send a copy of the IRS EFW2 file for one or multiple businesses.

For all MTO upload options, you will receive a confirmation of your submission. Visit mto.treasury.michigan.gov for more information. Alternatively, taxpayers can mail wage statements to: Michigan Department of Treasury Lansing, MI 48930. Do not include a copy of the annual return with wage statement mailing.

Magnetic Media. Treasury offers Magnetic Media filing to all taxpayers reporting wage statements to Michigan. You can send Magnetic Media by mail or electronically through MTO. Taxpayers with 250 or more employees must use MTO to electronically submit wage statements. For more information, refer to Transmittal for Magnetic Media Reporting of W-2s, W-2Gs and 1099s to the State of Michigan (Form 447).

Tax Assistance

For assistance, call 517-636-6925. Assistance is available using TTY through the Michigan Relay Center by calling 711.

File Details

Fact Name Detail
Form Title and Revision Michigan Department of Treasury 5081 (Rev. 04-20), 2021 Sales, Use and Withholding Taxes Annual Return
Governing Laws Issued under authority of Public Acts 167 of 1933, 94 of 1937, and 281 of 1967, all as amended.
Amendments This form cannot be used as an amended return; see the 2021 Sales, Use and Withholding Taxes Amended Annual Return (Form 5082).
Submission Deadline File this return by February 28, 2022.
Electronic Filing Options Form 5081 is available for submission electronically using Michigan Treasury Online (MTO) at mto.treasury.michigan.gov or by using approved tax preparation software.

Michigan 165 - Usage Steps

Filing the Michigan Form 165, the Sales, Use, and Withholding Taxes Annual Return, is an important process for businesses to comply with tax requirements. Carefully completing this form ensures taxes are accurately reported and paid, avoiding possible penalties. The steps outlined below will guide taxpayers through the process, making it clearer and more manageable. Remember, timely filing is crucial, and for most, taking advantage of electronic submission through Michigan Treasury Online (MTO) can streamline the process.

  1. Begin by visiting Michigan Treasury Online (MTO) at mto.treasury.michigan.gov to file electronically, as encouraged by the Michigan Department of Treasury.
  2. Enter the Taxpayer’s Business Name and the Business Account Number (FEIN or TR Number) at the top of the form.
  3. Fill in the business Street Address, including City, State, and ZIP Code.
  4. Under PART 1: SALES AND USE TAX, report your total gross sales, rentals of tangible property and accommodations, and telecommunications services in the spaces provided.
  5. Add the amounts from lines 1, 2, and 3 to determine the total for line 4.
  6. For ALLOWABLE DEDUCTIONS (lines 5a - 5l), enter any applicable exemptions and deductions, including resale, agricultural production, and government exemption amounts.
  7. Calculate the Taxable Balance on line 6 by subtracting total allowable deductions from the total amount on line 4.
  8. Determine the Gross Tax Due by applying the 6% tax rate to the taxable balance.
  9. If tax was collected in excess, note this on line 8; otherwise, calculate the sum of the taxes due before any discounts on line 9.
  10. Calculate any Discount Allowed for timely payments and subtract this from your total tax due to find the Total Tax Due on line 11.
  11. Under PART 2, report any use tax on items for business or personal use not previously taxed.
  12. In PART 3: WITHHOLDING TAX, provide information on gross Michigan payroll and total Michigan income tax withheld.
  13. Complete the SUMMARY section to consolidate all taxes due and payments made.
  14. Under PART 5, ensure that the return is signed and dated by an authorized individual. If a preparer is used, their information must also be included.
  15. Review the form to ensure all entries are correct and complete.
  16. If submitting by mail, prepare a check payable to “State of Michigan,” including the account number, “SUW Annual,” and the tax year on the check. Mail the form and payment to the provided address.

After submission, keep a copy of the form and any payment confirmation for your records. Promptly address any correspondence from the Michigan Department of Treasury to resolve issues efficiently. Remember, filing and payment accuracy not only complies with state regulations but also contributes to the smooth operation of your business.

Learn More on This Form

FAQs about Michigan 165 Form

What is the Michigan 165 form used for?

The Michigan 165 form, also known as Form 5081, serves as the 2021 Sales, Use, and Withholding Taxes Annual Return. This form is utilized by businesses to report and pay annual totals for sales tax, use tax, and withholding tax. It is issued under the authority of Public Acts 167 of 1933, 94 of 1937, and 281 of 1967, all as amended. The form is mandatory for businesses operating within Michigan that are subject to these taxes.

When is the Michigan 165 form due?

The due date for filing Form 5081 is February 28, 2022. Timely submission is crucial to avoid penalties and interest charges for late filing. Businesses should ensure that they compile all necessary data well in advance of this date to ensure an accurate and timely submission.

Can the Michigan 165 form be filed electronically?

Yes, businesses are encouraged to file Form 5081 electronically using Michigan Treasury Online (MTO) at mto.treasury.michigan.gov, or by using approved tax preparation software. The electronic filing option offers a more efficient and faster process for submitting the return. Additionally, most taxpayers will have the option to file an Annual EZ form through MTO, which simplifies the filing process by reducing the amount of required fields.

Are there any specific parts of the Michigan 165 form that require attention?

Form 5081 is comprehensive and contains several key sections that require detailed attention, including:

  • Part 1: Sales and Use Tax - Requires detailed reporting of gross sales, rentals, telecommunications services, and allowable deductions.
  • Part 2: Use Tax on Items Purchased for Business or Personal Use - Businesses must report purchases for which no tax was paid or items withdrawn for business or personal use.
  • Part 3: Withholding Tax - Requires reporting of Michigan payroll amounts, number of W-2 and 1099 forms, and total Michigan income tax withheld.
  • Part 4: Summary - Summarizes total sales, use, and withholding taxes due or paid, with sections for reporting any penalties, interest, or balance due.

Accuracy in each part is crucial for compliance and to avoid discrepancies that could lead to audits or penalties.

What if I discover an error in my filed Michigan 165 form?

If you discover an error in your Form 5081 after submission, you should file an amended return using Form 5082, the 2021 Sales, Use and Withholding Taxes Amended Annual Return. Note that Form 5081 cannot be used as an amended return. It's important to correct any errors as soon as possible to ensure compliance and correct tax reporting.

How can I ensure I'm filing the Michigan 165 form correctly?

To ensure correct filing of Form 5081, consider the following tips:

  1. Review all instructions provided in the form and on the Michigan Department of Treasury's website carefully.
  2. Compile all necessary documents and records related to sales, use, and withholding taxes in advance of preparing the form.
  3. Consider utilizing Michigan Treasury Online (MTO) for electronic filing, which can help reduce errors through automated calculations and validations.
  4. For complex situations or if you're unsure about any requirements, consult with a tax professional or contact the Michigan Department of Treasury for guidance.

Adhering to these tips can help ensure a smoother filing process and compliance with Michigan tax laws.

Common mistakes

Filing Michigan's Form 165, the Sales, Use, and Withholding Taxes Annual Return, seems straightforward, yet common mistakes often lead to errors in reporting and unnecessary delays. Identifying these mistakes helps ensure accuracy and compliance, providing peace of mind for businesses.

One common mistake involves inaccuracies in reporting total gross sales and taxable sales. Frequently, businesses either over-report or under-report these figures due to misunderstanding what constitutes taxable sales. For instance, some businesses mistakenly include non-taxable transactions in their gross sales total, leading to inflated taxable sales figures. Ensuring that only taxable sales are reported in the respective sections reduces the risk of overpaying taxes or facing penalties for underreporting.

Another error occurs with the allowable deductions section of the form. Businesses often miss out on deductions they're entitled to because they're unaware of what qualifies or fail to keep adequate records. Deductions for resale, industrial processing exemptions, and agricultural production exemptions can significantly lower tax liabilities. It's crucial for businesses to understand these exemptions thoroughly and maintain proper documentation to support their claims.

  1. Not utilizing electronic filing options. Michigan Treasury Online (MTO) offers a streamlined filing process, reducing the likelihood of errors associated with manual entry.
  2. Omitting sales tax collected in excess. Overlooking to report excess sales tax collected can result in discrepancies, leading to potential fines and audits.
  3. Incorrectly calculating discounts allowed for timely payments. This often results from misunderstanding the calculation method, affecting the final tax amount due.
  4. Failing to update the business address using the correct form. The Form 165 instructions specify that address changes should be made using the Notice of Change or Discontinuance (Form 163), not on the Form 165 itself.

Misunderstandings about the Use Tax on Items Purchased for Business or Personal Use section is yet another area prone to mistakes. Businesses sometimes neglect to report use tax on taxable items purchased from out-of-state vendors where Michigan sales tax wasn't charged at the time of purchase. Recognizing and reporting these transactions accurately ensures compliance and prevents interest and penalties on unpaid use tax.

  • Not thoroughly reviewing the form before submission: A quick review can catch simple errors like missed fields or miscalculations, significantly reducing processing delays.
  • Overlooking the signature requirement: Both the taxpayer and preparer (if applicable) must sign Form 165. Unsigned forms are considered incomplete and can result in processing delays.

In summary, while filling out Michigan's Form 165, attention to detail and a deep understanding of the form's requirements are essential. Avoiding common mistakes not only streamlines the filing process but also ensures businesses remain in good standing with the Michigan Department of Treasury.

Documents used along the form

When tackling tax obligations in Michigan, especially for businesses managing their sales, use, and withholding taxes, the journey starts with the familiar Form 5081. However, efficiently navigating through the complexities of tax reporting and compliance often requires more than just this single form. Let's explore additional forms and documents that are frequently used alongside Form 5081, providing a more complete picture of the paperwork typically involved in annual tax filing within the state of Michigan.

  • Form 5082 - 2021 Sales, Use and Withholding Taxes Amended Annual Return: For those circumstances where adjustments are needed after the initial filing, Form 5082 is crucial. It facilitates necessary corrections to previously submitted information on Form 5081.
  • Form 163 - Notice of Change or Discontinuance: Often, businesses undergo changes. Form 163 allows a business to update the Michigan Department of Treasury about changes to addresses, discontinuance, or other crucial registration information.
  • Form 3372 - Michigan Sales and Use Tax Certificate of Exemption: This certificate is essential for businesses purchasing goods tax-exempt. When items are bought for resale, agricultural production, industrial processing, or other exempt purposes, this form documents that no tax is due.
  • Form 5083 - 2021 Fuel Supplier and Wholesaler Prepaid Sales Tax Schedule: For fuel suppliers and wholesalers, this form calculates and reports the prepaid sales tax on fuel transfers, an important element of managing fuel-related sales and use taxes.
  • Form 5085 - 2021 Fuel Retailer Supplemental Schedule: Retailers of fuel use this schedule to report and reconcile differences between fuel sold and the prepaid sales tax amounts.
  • Form 5086 - Vehicle Dealer Supplemental Schedule: This e-file only schedule is pertinent for vehicle dealers, aiding in the reporting of sales tax collected on vehicle sales, another specialized facet of sales tax compliance.
  • Form 3520 - Michigan Sales and Use Tax Contractor Eligibility Statement: For contractors, this form proves eligibility for tax-exempt purchases that become part of real estate or are incorporated into construction projects for qualified nonprofit organizations and other exempt entities.

Together, these forms paint a comprehensive landscape of the reporting requirements faced by Michigan businesses in relation to sales, use, and withholding tax responsibilities. While Form 5081 lays the groundwork, each supplemental form addresses specific nuances ensuring thorough compliance and accurate tax practices. Understanding the purpose of each document streamlines the tax filing process, making it more manageable and less intimidating for businesses striving to adhere to Michigan's tax norms and regulations.

Similar forms

The Michigan 165 form, described for annual sales, use, and withholding taxes, bears strong resemblances to other tax documents tailored to capture both business operations and tax obligations. These similarities streamline compliance for businesses, ensuring they meet their financial and reporting responsibilities to various government bodies.

Firstly, the Michigan 165 form is similar to the IRS Form 940, which is the Federal Employer's Annual Federal Unemployment (FUTA) Tax Return. Both the Michigan 165 and IRS Form 940 are annual filings, crucial for businesses to report their yearly tax activities. Specifically, both forms calculate taxes owed based on annual monetary figures—sales and payroll, for instance—and allow for deductions in certain cases. The key similarity lies in their function to reconcile the year’s tax liabilities with any payments or credits throughout the year, ensuring accurate annual reporting and payment to tax authorities.

Another document akin to the Michigan 165 form is the IRS Form 941, the Employer’s Quarterly Federal Tax Return. Although Form 941 is filed quarterly and the Michigan 165 is annual, both serve a fundamental role in reporting tax obligations related to employee wages. Form 941 details the withholdings from employees' paychecks for federal income, social security, and Medicare taxes, mirroring the Michigan 165’s section for reporting state withholding taxes. Each form collects pertinent tax information at different intervals, emphasizing ongoing compliance with federal and state tax laws.

The Form 1099 series also shares characteristics with the Michigan 165 form, particularly in the context of withholding taxes. Forms in the 1099 series are used to report various types of income other than wages, such as freelance or contract earnings, dividends, and interest. Like the Michigan 165, these forms are fundamental for accurate tax reporting and withholding. Both types of documents ensure that income is reported, and the appropriate taxes are withheld or paid, covering different income sources and serving to maintain compliance with tax regulations.

Dos and Don'ts

When filling out the Michigan 165 form, it's crucial to follow guidelines to ensure accuracy and compliance with Michigan Department of Treasury requirements. Below are several dos and don'ts to keep in mind:

  • Do ensure all necessary fields are complete and accurate. The form requires specific information about your sales, use, and withholding taxes. Missing or incorrect information can lead to processing delays or errors in your tax calculations.
  • Don't use this form as an amended return. If you need to amend your return, refer to the 2021 Sales, Use and Withholding Taxes Amended Annual Return (Form 5082) as mentioned in the form's instructions.
  • Do file by the deadline. The form is due by February 28, 2022, and timely submission is essential to avoid late filing penalties.
  • Don't use the form for monthly/quarterly returns. This form is specifically for the annual return, not for replacing monthly or quarterly filings.
  • Do review the allowable deductions section carefully. Deductions can lower your taxable balance, so it’s important to accurately report exempt sales, bad debts, and other deductions you’re entitled to claim.
  • Don't include information not applicable to your business. Only enter figures for taxes your business is registered and/or liable for. Including unnecessary information can complicate processing.
  • Do utilize Michigan Treasury Online (MTO) for electronic filing. Electronic submission is encouraged for efficiency and may be required for businesses of a certain size.
  • Don't send wage statements with your mailed annual return. If you're submitting paper forms, remember wage statements must be submitted separately by the designated due date.
  • Do sign and date the return. The signature certifies that the information provided is accurate to the best of your knowledge. Preparers must also include their identification and contact information.

Adhering to these rules will help streamline the submission process, ensuring compliance and accuracy in your tax filing endeavors. Remember, the Michigan Department of Treasury provides resources and assistance for those who need further guidance on filling out the form or understanding tax obligations.

Misconceptions

  • A common misconception is that the Michigan 165 form is only applicable for small businesses; however, this form is relevant for all entities that have sales, use, and withholding tax obligations in Michigan, regardless of size.

  • Many believe the Michigan 165 form can be used for amended returns. In fact, an amended return requires the use of Form 5082, as explicitly stated within the form instructions.

  • There's a misconception that the form can replace monthly or quarterly returns. Instead, it serves as an annual summary and does not eliminate the need for periodic tax filings throughout the year.

  • Some think that electronic filing through Michigan Treasury Online (MTO) is optional. While paper filing is still accepted, the state encourages electronic submissions for efficiency and accuracy. Taxpayers with 250 or more employees must file their withholding return electronically.

  • It's mistakenly believed that the use tax section of the form is only for large-ticket items or business equipment purchases. Actually, it encompasses all purchases for which Michigan sales tax was not paid, including out-of-state online transactions for business or personal use.

  • Another misconception is that the sales and use tax sections are interchangeable. Each section has a distinct purpose: sales tax for tangible personal property ownership transferred within Michigan and use tax for items sourced to Michigan but where ownership transfers outside Michigan, among other scenarios.

  • Users often misunderstand the withholding tax section, thinking it applies only to traditional employee wages. This section also encompasses pensions, annuities, and other forms of taxable compensation.

  • There's a false assumption that if no taxes are owed, filing the form is unnecessary. If a business inserts zero or leaves any line reporting sales, use, or withholding tax blank, they are certifying no tax is owed. Failing to file can still result in penalties if this is inaccurate.

  • Some mistakenly believe that updating the business address on this form will update the business's main address for all correspondence. Address changes must be separately reported using Form 163 or updated online via MTO.

  • Finally, there's a misconception about the payment threshold. While the form states not to pay if the amount due is less than $1, it is crucial to correctly calculate sales, use, and withholding tax owed to ensure compliance and avoid inadvertently falling below this threshold due to incorrect math.

Key takeaways

Filling out the Michigan 165 form, officially known as the 2021 Sales, Use and Withholding Taxes Annual Return (Form 5081), is a vital part of maintaining compliance with state regulations. Here are key takeaways to ensure you correctly complete and use the form:

  1. Electronic filing is encouraged through Michigan Treasury Online (MTO) at mto.treasury.michigan.gov, offering a streamlined and efficient process for submitting the return.
  2. The form is due by February 28, 2022, and is critical for reporting sales, use, and withholding taxes annually. Ensuring timely submission helps avoid penalties and interest charges.
  3. Amendments cannot be made using this form. If you need to make corrections, refer to the 2021 Sales, Use and Withholding Taxes Amended Annual Return (Form 5082) instead.
  4. This document is not suitable for replacing monthly or quarterly returns, emphasizing its role as an annual recapitulation tool.
  5. Specific sections of the form, such as PART 1 for Sales and Use Tax, require detailed reporting on gross sales, rentals, and telecommunications services, among others.
  6. Allowable deductions are outlined, including exemptions for resale, agricultural production, interstate commerce, and more, to help businesses accurately calculate their taxable balance.
  7. Detailed instructions for each part of the form assist taxpayers in reporting use tax on items for business or personal use, withholding tax, and summarizing total tax dues.
  8. A section for penalties and interest calculation is provided for cases of late filing or payment, highlighting the importance of adhering to deadlines.
  9. The form includes a certification area that must be signed by the taxpayer and the preparer, making it mandatory to acknowledge the accuracy and completeness of the information provided.

Understanding and following the guidelines provided in the 2021 Form 5081 instructions can significantly ease the reporting process, ensuring that businesses remain in good standing with Michigan's tax obligations.

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