The Michigan 5092 form, issued by the Michigan Department of Treasury, serves as an Amended Monthly/Quarterly Return document for Sales, Use, and Withholding Taxes under the authority of Public Acts 167 of 1933 and 94 of 1937, as amended. It allows businesses to correct previously submitted tax figures for sales, rentals, and services, along with withholding taxes and use tax on purchases, ensuring accurate tax reporting and compliance. Accurately filling out this form is crucial for businesses to amend their tax liabilities and to rectify any errors or changes in their tax situation.
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The Michigan Department of Treasury's Form 5092, designed for the 2015 tax period, serves a vital role for businesses adjusting their Sales, Use, and Withholding Taxes for monthly or quarterly returns. The form, a reflection of meticulous tax reporting requirements, enables taxpayers to rectify previously submitted information, ensuring their financial obligations to Michigan are accurate and up to date. This necessity arises under the authority of Public Acts 167 of 1933 and 94 of 1937, as amended, highlighting the state's approach towards comprehensive financial oversight. Within its sections, businesses can elucidate corrections across diverse tax categories such as sales, rentals and services, use on purchases, including specific adjustments like incorrect amounts previously reported or claiming unclaimed pre-paid tax, each necessitating detailed justification for amendments. Moreover, the structure of the form accommodates a wide range of taxpayers, from out-of-state retailers to local service providers, adding layers of complexity in terms of how taxable activities are reported and recalculated. Notably, provisions for penalties and interest for late submissions underscore the importance of adherence to filing deadlines and accuracy in reporting, vital for businesses navigating the nuances of Michigan's tax landscape.
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.
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
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)
10.
Total amount applied for this return period including overpayments available from previous periods or
amount previously paid for this return period
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)
12.
Penalty paid with this return (for late iling)
13.
Interest paid with this return (for late iling)
14.
TOTAl PAyMEnT DUE. Add lines 11, 12 and 13
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
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,
•If the tax is more than $5,400 and paid by the 20th,
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).
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.
Line 8: Enter the total Michigan income tax withheld for the tax period.
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.
Once you've decided to amend your business's previous tax filings related to sales, use, and withholding taxes, the Michigan 5092 form is your necessary next step. Navigating through it can seem daunting, but breaking down the process into manageable chunks can simplify the task. Remember, accuracy is key in completing this form to ensure your adjustments are processed correctly. Here's a straightforward guide to filling it out, ensuring every box is ticked for a smoother amendment process.
After submitting your amended return, the Michigan Department of Treasury will process your adjustments, which may lead to a revised calculation of your tax obligations. It's important to keep a copy of the amended return for your records. Should there be any discrepancies or questions from the department, having detailed records will facilitate resolving these issues promptly.
The Michigan 5092 form is an amended monthly/quarterly return for sales, use, and withholding taxes. It is specifically designed for making corrections to previously filed returns for these tax types within the same year. Taxpayers need to use this form if they need to adjust the amount of tax liability, correct reported figures, or claim previously unclaimed pre-paid sales tax, among other reasons.
Any taxpayer who has previously filed a sales, use, or withholding tax return in Michigan and needs to amend that filing due to incorrect information or changes in tax liability should use the Michigan 5092 form. This includes businesses and individuals who are registered with the Michigan Department of Treasury to collect or withhold these taxes.
The Michigan 5092 form is divided into several sections that need to be completed based on the type of amendment required:
Corrections are made by entering the corrected figures in the designated lines for each section (sales and use tax, use tax on purchases, and withholding tax). Taxpayers must also select a reason code for the amendment and, if "Other" is selected, provide a detailed explanation for the changes being reported.
Reason codes are provided in the instructions for the form and help identify the reason for the amendment. They include:
If "Other" is selected, the specific reason must be detailed on the form.
If additional tax is due with the amended return, penalties and interest are applied. The penalty is 5% of the underpaid tax and increases by an additional 5% per month or part thereof, after the second month, up to a maximum of 25%. Interest is charged daily at the average prime rate plus 1 percent. The current interest rate can be found on the Michigan Department of Treasury website.
The completed Michigan 5092 form, along with any payment due, should be made out to the “State of Michigan” and mailed to the Michigan Department of Treasury at P.O. Box 30324, Lansing, MI 48909-7824. Taxpayers should also include their account number on the check to ensure proper processing.
Filling out the Michigan 5092 form, which is used for amending sales, use, and withholding taxes, can be tricky. Mistakes can lead to unnecessary delays or even penalties. Here are six common mistakes people make:
These errors can lead to a range of issues, from minor processing delays to significant financial penalties. For this reason, it's crucial to review the form carefully before submission. Double-check your math, ensure all necessary sections are completed, and verify that the person signing the form is authorized to do so. Should you encounter any difficulties, consulting with a professional or the Michigan Department of Treasury directly could provide clarity and prevent costly mistakes.
Remember, the goal is to report accurately and truthfully to the best of your knowledge. The state of Michigan provides resources and assistance for those looking to amend their tax returns. Taking advantage of these can help avoid these common pitfalls and ensure that the process is smooth and error-free.
When dealing with Michigan's Sales, Use, and Withholding Taxes Amended Monthly/Quarterly Return, specifically the Michigan Department of Treasury 5092 form, various other forms and documents may also be relevant to ensure thorough and compliant tax filing. Below is a list of such forms, each serving a specific purpose in the broader framework of tax reporting and amendment in Michigan.
Each of these forms plays a critical role in the comprehensive process of reporting and amending sales, use, and withholding taxes in Michigan. Taxpayers should ensure they utilize the correct forms corresponding to their specific needs and circumstances, often requiring careful attention to the types of taxes being amended and the tax periods in question. Comprehensive understanding and correct use of these forms contribute to accurate tax filing and can help in avoiding errors and potential penalties.
The Michigan 5092 form, which serves as a tool to amend sales, use, and withholding taxes within a specified monthly or quarterly period, shares similarities with several other tax documents. These similarities can be found in the form structure, intended use, and the specific tax adjustments they allow.
One document similar to the Michigan 5082 form is the IRS Form 941-X, which is the Adjusted Employer’s Quarterly Federal Tax Return or Claim for Refund. Both forms allow for the correction of previously filed tax returns. While the Michigan 5092 is oriented towards adjusting sales, use, and withholding taxes on a state level, the IRS Form 941-X is used to amend federal withholdings, including Social Security and Medicare taxes. The common ground lies in their purpose to correct errors, report amendments, and claim refunds for overpayments, thereby keeping tax records accurate.
Another related document is the Form 1040X, the Amended U.S. Individual Income Tax Return. Much like the Michigan 5092 form, Form 1040X is used to make corrections to previously filed income tax returns. Whether it's adjusting income figures, changing filing status, or claiming additional deductions and credits, both forms serve the essential function of updating tax information. While the 1040X pertains to individual income tax amendments on the federal level, the Michigan 5092 encompasses business-related sales, use, and withholding tax amendments at the state level.
Lastly, the Michigan Form 5083, titled Sales, Use and Withholding Taxes Monthly/Quarterly Return, also shares functionality with the 5092 form. While Form 5083 is used for the initial reporting of sales, use, and withholding taxes for a specific period, the 5092 form is utilized to amend those reports if inaccuracies or changes occur. Both are integral to maintaining accurate and compliant tax filings for businesses within Michigan, ensuring the correct amount of tax is reported and paid to the state's Department of Treasury.
When filling out the Michigan 5092 form, focusing on accuracy and thoroughness is essential for ensuring that your business's sales, use, and withholding taxes are correctly amended. Below are some recommended do's and don'ts to guide you through the process:
Adhering to these guidelines will help ensure the smooth processing of your amended return, avoiding common pitfalls that could lead to errors or misinterpretations of your tax responsibilities.
When it comes to understanding the Michigan Department of Treasury 5092 form for Sales, Use, and Withholding Taxes Amended Monthly/Quarterly Return, there are a few common misconceptions. Let’s clear up some of those misunderstandings:
This isn’t true. While the form certainly allows businesses to amend their sales tax reported, it also covers use tax and withholding tax. This means if a business made an error in the amount of tax withheld from employees or in the use tax due on items purchased for business or personal use, this form would be the correct avenue to report those corrections as well.
Actually, the form has limitations on the tax years it can amend. Specifically, the 5092 form is designed for amending monthly/quarterly periods within the current year. If a business needs to amend a return for a year prior to 2015, for instance, they would need to use Form 165, not Form 5092.
This is not correct. Part of the amendment process might involve recalculating the allowable discount rates for sales and use tax. Depending on the filing frequency, there’s a specific formula to calculate these discounts, which could lead to a lesser tax due than initially thought.
Unfortunately, this is incorrect. Amending a return to report additional tax does not waive the associated penalties and interest for late payment. The form does guide taxpayers on how to compute penalty and interest due if the return is filed with additional tax owed, emphasizing the need to address these charges alongside the amendment.
There’s a significant responsibility that comes with reporting zeros on this form. By entering zero for any tax type, a taxpayer is certifying that no tax is owed for that period. Should it later be determined that tax was indeed owed, the taxpayer would be liable for the tax amount in addition to potential penalties and interest. It’s a declaration that should be made with absolute certainty.
It's important to approach the 5092 form with a good understanding of its scope and requirements. Misconceptions can lead to errors in filing, potentially resulting in unnecessary fines or penalties. When in doubt, consulting with a professional or directly with the Michigan Department of Treasury can provide clarity and ensure compliance.
Filing the Michigan 5092 form correctly is essential for businesses that need to amend their Sales, Use, and Withholding Taxes for monthly or quarterly periods within the current year. Here are some key takeaways to ensure accuracy and compliance:
Finally, always double-check your entries on the form for accuracy before submission. Include any payments made during the return period, accounting for overpayments or amounts previously paid. If additional tax is due upon filing the amendment, be prepared to calculate and include penalty and interest. The Michigan Department of Treasury's website is a valuable resource for current rates and formulas to assist with these calculations.
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