Free Michigan 514 Template Prepare Document Here

Free Michigan 514 Template

The Michigan 514 form, issued by the Michigan Department of Treasury, serves as a request for a Conditional Tax Clearance. This is particularly relevant for businesses such as sole-proprietorships, partnerships, limited liability companies, or corporations that have sold most of their assets but intend to keep the corporate entity active for tax purposes until they decide on filing a Certificate of Dissolution. To ensure a smooth process in winding down or transitioning your business, click the button below to learn more about how to properly fill out and submit this form.

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In the business landscape of Michigan, navigating tax obligations requires careful attention, particularly when a business undergoes significant transitions. The Michigan Department of Treasury's Form 514 stands as a crucial document for businesses at such a juncture. This form facilitates the process of obtaining a Conditional Tax Clearance, a necessary step for sole proprietorships, partnerships, limited liability companies, or corporations that have sold most of their assets while intending to keep the corporate entity active for future tax filings. The form's development is rooted in a series of legislative acts, from as early as Public Act 144 of 1921 to as recent as Public Act 94 of 1937, showcasing its grounded relevance in Michigan's tax law. Essential for entities in the midst of restructuring or dissolution, the form requires comprehensive detailing of the business's credentials, assets disposition, and ongoing tax liabilities. By providing the Michigan Department of Treasury with a clear picture of the business's current standings, including any changes in operations or ownership, businesses can assure their compliance with state tax requirements, mitigating potential legal complications and solidifying their future dealings with clarity and adherence to the law.

Sample - Michigan 514 Form

Michigan Department of Treasury 514 (Rev. 09-12)

Date

Conditional Tax Clearance Request

Issued under the provision of Public Act 144 of 1921, as amended; Public Act 265 of 1947, as amended; Public Act 281 of 1967, as amended; Public Act 119 of 1980, as amended; Public Act 167 of 1933, as amended; and Public Act 94 of 1937, as amended.

IMPORTANT: This is a request for a Michigan Conditional Tax Clearance by a sole-proprietorship, partnership, limited liability company or corporation that has sold most of its assets, but the corporate shell will remain to continue iling tax returns (when due) until the corporation later determines whether it will ile a Certiicate of Dissolution with the Corporation Division.

This form must be completed in its entirety.

Name of Sole-Proprietorship, Partnership or Corporation, Limited Liability Company

 

 

 

Federal Employer Identiication Number or TR Number

 

 

 

 

 

 

Owner(s) Name(s) (if sole-proprietorship or partnership)

 

 

 

Social Security Number(s)

 

1.

 

 

 

 

 

 

 

1.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.

 

 

 

 

 

 

 

2.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Doing Business As (trade name)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Business Street Address of Location Requesting Clearance

City

 

 

State

 

ZIP Code

 

 

 

 

 

 

 

 

 

 

 

 

 

If a Corporation, Date Incorporated in Michigan (mm/dd/yyyy)

Date Business Started at This Location (mm/dd/yyyy)

 

 

 

 

 

 

 

 

 

 

 

 

Date Business Discontinued at This Location (mm/dd/yyyy)

Ending Date of Last Payroll at This Location (mm/dd/yyyy)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Are you continuing business activity after clearance?

If Yes, Expected Gross Receipts for the Year

 

 

 

 

 

Yes

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Residence Address of Discontinued Taxpayer

Residence Telephone Number (including area code)

 

 

 

 

 

 

 

Does taxpayer operate more than one place of business?

If multiple locations, is clearance requested for the above location only?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

No

 

 

Yes

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Names and Addresses of Business Locations Still in Operation (use reverse side if necessary)

 

 

 

 

 

 

 

 

 

 

Have you sold or disposed of business to another entity?

If Yes, Date of Sale (mm/dd/yyyy)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If Yes, Name and Address of Purchaser

 

 

 

 

 

 

 

 

 

 

Purchaser’s Federal Employer Identiication Number or TR Number

Is money being held in escrow pending receipt of a tax clearance?

 

 

 

 

 

 

 

Yes

 

No

Amount if Yes:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Business Name and Address of Holder of Escrow Money

 

 

 

Attention:

 

 

 

 

 

 

 

Holder’s Telephone Number (include area code)

Month(s) Included on Final Federal 941 Return

 

 

 

 

 

 

 

 

 

 

Name and Location of Holder of Seller’s Books and Records

 

 

 

 

 

 

 

 

Certiication: I declare under penalty of perjury that I am the owner, oficer or, member of the business on which tax clearance is requested and that the information is true (Submit a Limited Power of Attorney (Form 3840) if not the owner, oficer, or member).

Print Name

Title

 

 

Signature

 

A business requesting a Michigan Conditional Tax Clearance should forward all uniled Michigan tax returns (up to the date of discontinuance) together with all remittances for those returns with this form to the address below. Mail form directly to: Tax Clearance

Section, Michigan Department of Treasury, P.O. Box 30168, Lansing, MI 48909.

File Details

Fact Name Fact Detail
Issuance Authority Michigan Department of Treasury Form 514 is issued under the authority of several public acts, notably Public Act 144 of 1921, Public Act 265 of 1947, Public Act 281 of 1967, Public Act 119 of 1980, Public Act 167 of 1933, and Public Act 94 of 1937, all as amended.
Purpose The purpose of the form is to request a Michigan Conditional Tax Clearance for a business (sole-proprietorship, partnership, limited liability company, or corporation) that has sold most of its assets but the corporate entity will continue to exist.
Completion Requirement The form mandates complete information submission for processing.
Applicant Information Applicants must provide detailed information, including name of the business entity, federal employer identification number or TR number, and owner(s) information if applicable.
Business Details Information about the business, such as trade name, business address, incorporation date in Michigan, and operational dates must be provided.
Future Business Activity Applicants must indicate whether the business will continue operations and provide expected gross receipts for the year if applicable.
Sale of Business Details of any sale or disposition of the business to another entity must be included, along with the purchaser's information.
Escrow Information If applicable, information regarding funds held in escrow pending receipt of tax clearance and escrow holder details must be provided.
Submission Details A completed form, along with any uninitialized Michigan tax returns and payments, should be mailed to the Tax Clearance Section, Michigan Department of Treasury, at the address provided on the form.

Michigan 514 - Usage Steps

Filling out the Michigan 514 form is a straightforward process, but it's important to pay close attention to detail. This form is essential for businesses in particular situations looking for a conditional tax clearance from the state. Carefully completing this form ensures that all necessary information is accurately conveyed to the Michigan Department of Treasury. Follow these steps to fill out the form correctly:

  1. At the top of the form, enter the current Date.
  2. Under "Name of Sole-Proprietorship, Partnership or Corporation, Limited Liability Company," input the legal name of your business.
  3. Enter your "Federal Employer Identification Number or TR Number" in the space provided.
  4. If you’re filling this out for a sole-proprietorship or partnership, provide the "Owner(s) Name(s)" and corresponding "Social Security Number(s)."
  5. Include the "Doing Business As (trade name)" if it's different from the legal name.
  6. Fill in the "Business Street Address of Location Requesting Clearance" along with the city, state, and ZIP code.
  7. If applicable, enter the "Date Incorporated in Michigan" in the provided format.
  8. Specify the "Date Business Started at This Location" and the "Date Business Discontinued at This Location."
  9. Indicate the "Ending Date of Last Payroll at This Location."
  10. Answer Yes or No to "Are you continuing business activity after clearance?" If yes, estimate the "Expected Gross Receipts for the Year."
  11. Provide the "Resolvency Address of Discontinued Taxpayer" and "Residence Telephone Number."
  12. Respond to whether the taxpayer operates more than one place of business and if clearance is requested for this location only.
  13. If you've sold or disposed of the business to another entity, indicate this, provide the "Date of Sale," and the new owner's details including "Name and Address of Purchaser" and their "Federal Employer Identification Number or TR Number."
  14. State if money is being held in escrow pending receipt of a tax clearance, the "Amount if Yes," and the "Business Name and Address of Holder of Escrow Money" along with their contact information.
  15. List the "Month(s) Included on Final Federal 941 Return" and the "Name and Location of Holder of Seller’s Books and Records."
  16. Finally, complete the certification section with your "Print Name," "Title," and "Signature."

Once the form is filled out, gather any unfiled Michigan tax returns up to the date of discontinuance along with the corresponding payments. Mail the completed Michigan 514 form and any additional documents to the address provided at the bottom of the form: Tax Clearance Section, Michigan Department of Treasury, P.O. Box 30168, Lansing, MI 48909. This step is crucial for processing your request for a conditional tax clearance.

Learn More on This Form

What is a Michigan 514 form?

The Michigan 514 form is a Conditional Tax Clearance Request used by businesses such as sole-proprietorships, partnerships, limited liability companies, or corporations. It's required when these entities have sold most of their assets, but the corporate entity remains active to continue filing tax returns until it decides whether to file a Certificate of Dissolution with the Corporation Division.

Who needs to complete the Michigan 514 form?

This form must be completed by businesses that have undergone the sale of most of their assets but are keeping the corporate shell active for the purpose of continuing to file tax returns. This includes sole-proprietorships, partnerships, limited liability companies, or corporations considering eventually dissolving.

What information is required on the Michigan 514 form?

The form requires detailed information about the business, including:

  • The name and federal identification number of the business.
  • Owner(s) name(s) and social security number(s) if applicable.
  • Business and residence addresses.
  • Details about the business's operational status, including dates relating to the incorporation, commencement, and discontinuation at the location in question, as well as information on the final payroll date.
  • Expected gross receipts if the business is continuing activities after clearance.
  • Information on whether the business operates more than one location and if clearance is requested for all locations or just specific ones.
  • Details of any sale or disposal of the business, including the purchaser's information.
  • Disclosure if money is being held in escrow pending tax clearance, and if so, the amount.

Where should the completed Michigan 514 form be sent?

The completed Michigan 514 form, along with all unfiled Michigan tax returns and corresponding payments, should be mailed to the Tax Clearance Section, Michigan Department of Treasury, P.O. Box 30168, Lansing, MI 48909.

Is there a penalty for submitting false information on the form?

Yes, submitting false information on the Michigan 514 form is subject to penalties under perjury laws. The form requires a certification declaring that the information provided is true, to be signed by the owner, officer, or member of the business.

Can someone else submit the form on behalf of the business owner or officer?

Yes, a Limited Power of Attorney (Form 3840) can be submitted if someone other than the owner, officer, or member of the business is completing and submitting the form. This ensures that the individual has the authority to act on behalf of the business in matters related to the Michigan 514 form.

What happens after submitting the form?

After submitting the Michigan 514 form along with required documents and payments, the Michigan Department of Treasury will review the submission to determine if the business meets the conditions for a tax clearance. The process involves ensuring that all tax obligations up to the date of discontinuance have been fulfilled.

Is it necessary for a business to request clearance for each location if operating in multiple locations?

Yes, if a business operates multiple locations and is seeking conditional tax clearance, it must indicate whether clearance is being requested for all locations or just specific ones. If for specific locations, these must be detailed in the submission.

What does conditional tax clearance mean?

Conditional tax clearance refers to the temporary approval that the business has met its tax obligations up until the point of the request. This clearance is necessary for businesses planning to dissolve but must remain compliant with state tax filing requirements in the interim or if continuing business activities after the sale of its assets.

Common mistakes

Filling out the Michigan Department of Treasury 514 form, or the Conditional Tax Clearance Request, is a critical step for businesses looking to ensure their tax obligations are in order post-asset sale. Unfortunately, businesses often make mistakes that can delay or complicate the process. Being aware of these common errors can help streamline the clearance process.

  1. Not Completing the Form in Its Entirety: Every section of the Michigan 514 form is essential. Leaving sections blank can result in processing delays or requests for additional information. Make sure to answer every question, even if the response is "not applicable" or "N/A."

  2. Inaccurate or Missing Identification Numbers: The form requires precise identification numbers, including the Federal Employer Identification Number (FEIN) or TR Number, and Social Security Numbers (SSNs) if it's a sole proprietorship or partnership. Providing incorrect information can lead to significant delays.

  3. Incorrect Business Information: It's crucial to ensure that all the business information provided, such as the business name, address, and the date the business was incorporated in Michigan, is accurate and matches state records.

  4. Failing to Provide Closure Details: The form asks for specific closure details, including the last day of business, the ending date of the last payroll, and whether you're continuing any form of business activity. Omitting these details can cause confusion and delays.

  5. Omitting Details of New Ownership: If the business has been sold or transferred to another entity, details of the transaction, including the sale date, new owner's name, and their identification numbers, must be provided. Neglecting this section can create legal issues down the line.

  6. Failure to Declare Escrow Details: If money is being held in escrow pending tax clearance, this must be declared, including the amount and the holder's contact details. Overlooking this information can lead to complications in completing the tax clearance process.

  7. Not Including Additional Locations: If the business operates more than one location but is only seeking clearance for one, it is necessary to clarify this on the form. Furthermore, details of any locations still in operation need to be disclosed.

  8. Inadequate Signatory Authorization: The form requires a declaration under penalty of perjury by the business owner, officer, or member. Submitting the form without the appropriate signature or without a Limited Power of Attorney (Form 3840) if someone else is signing can invalidate the request.

Understanding and avoiding these common mistakes can help ensure that your Michigan Conditional Tax Clearance Request is processed efficiently and accurately. It's always advisable to review the form thoroughly before submission, ensuring all information is correct and complete. For questions or concerns, consulting with a professional experienced in Michigan state tax law can provide additional guidance and support.

Documents used along the form

When dealing with the discontinuation of a business or a transfer of assets in Michigan, various documents complement the Michigan Department of Treasury 514 form. These forms are crucial for ensuring compliance with state tax laws and procedures.

  • Business Tax Registration Certificate (Form 518): This is the initial registration form for new businesses, and it's used to apply for a Michigan Sales Tax License, a Withholding Tax Account, and other tax-related identities. When a business is discontinued or sold, this certificate may need to be closed or updated with the relevant information.
  • Articles of Dissolution (for Corporations): When a corporation decides to terminate its existence, the Articles of Dissolution need to be filed with the Michigan Department of Licensing and Regulatory Affairs (LARA). This document formally ends the corporation's legal existence upon approval by the state.
  • Certificate of Dissolution (for LLCs): Similar to corporations, limited liability companies (LLCs) must file a Certificate of Dissolution with LARA when they wish to dissolve. This document is essential for formally concluding an LLC's activities in Michigan.
  • Limited Power of Attorney (Form 3840): This form permits an individual to act on behalf of the business regarding tax matters. It is necessary when the person handling the Conditional Tax Clearance Request (Form 514) is not an owner, officer, or member of the entity requesting clearance.

These documents are instrumental in the seamless execution of business changes such as dissolution, sale, or asset transfer. Each form serves its unique purpose in the process, ensuring legal and tax obligations are met efficiently while undergoing significant transitions.

Similar forms

The Michigan 514 form is similar to other documents used for tax and business clearance purposes in different jurisdictions. These forms play a critical role in ensuring businesses comply with local tax obligations and regulatory requirements when undergoing significant transitions such as asset sales, reorganization, or dissolution. Two documents that share similarities with the Michigan 514 form are the California Certificate of Revivor and the New York State Tax Clearance Certificate.

The California Certificate of Revivor is akin to the Michigan 514 form in several aspects. Firstly, it is used by businesses seeking to restore their good standing in the state registry after suspension or forfeiture due to non-compliance with tax requirements. Like the Michigan 514, applicants must provide detailed information about their business, including federal and state tax identification numbers, the business name, and address. Both documents necessitate a declaration of compliance with past tax obligations and may require additional information related to the business' intentions moving forward. The primary similarity lies in their purpose to ensure entities have met all tax-related criteria before proceeding with business operations or formal changes in status.

Similarities to the New York State Tax Clearance Certificate are also evident. This document is paramount for corporations, limited liability companies, or partnerships that are dissolving or withdrawing from the state. It assures that all tax liabilities have been settled up to the point of dissolution or withdrawal, paralleling the Michigan 514’s role in certifying a business’ tax status before it can finalize significant transitions. Both forms require thorough accounting of the entity’s tax history and projections (if continuing operations), ensuring that any potential liabilities are addressed. Additionally, these documents often act as a prerequisite for further legal or business actions, such as the sale of assets or dissolution proceedings, highlighting their importance in the broader regulatory landscape.

Dos and Don'ts

When filling out the Michigan 514 form, it's crucial to pay attention to details and follow the instructions carefully. Here is a list of things you should and shouldn't do to ensure the process goes smoothly.

Do:

  • Ensure that all sections of the form are completed in full. Incomplete forms may result in processing delays.
  • Provide the accurate Federal Employer Identification Number or TR Number as this is crucial for tax purposes.
  • Include correct contact information, including the business address and telephone number, to avoid any communication issues.
  • Specify the date the business was incorporated in Michigan, started, discontinued at the location, and the ending date of the last payroll, following the format mm/dd/yyyy.
  • Answer truthfully to the question about continuing business activities after clearance and provide an estimate of the expected gross receipts for the year if applicable.
  • Indicate whether the business operates more than one location and if clearance is requested for the specified location only.
  • Disclose any sale or disposal of the business to another entity, including the date of sale and the purchaser’s information.
  • Sign the certification section to declare under penalty of perjury that the information provided is true and accurate.
  • Mail all unfilled Michigan tax returns up to the date of discontinuance along with any remittances for those returns with the form.
  • Use the correct address for the Tax Clearance Section when mailing the form to ensure it reaches the intended department.

Don't:

  • Leave any sections blank. If a section does not apply, mark it as N/A (Not Applicable).
  • Guess any information. If unsure, seek accurate details before filling out the form to avoid errors.
  • Submit the form without checking for accuracy. Review all entries before mailing.
  • Forget to include the name and address of the purchaser if the business was sold or disposed of to another entity.
  • Overlook attaching a Limited Power of Attorney (Form 3840) if you're not the owner, officer, or member of the business.
  • Ignore the requirement for including the month(s) included on the final Federal 941 Return if applicable.
  • Fail to provide the business name and address of the holder of escrow money if money is being held in escrow pending receipt of a tax clearance.
  • Misplace the form or send it to the wrong section of the Michigan Department of Treasury, leading to unnecessary delays.
  • Assume the form is processed immediately. Allow sufficient time for processing.
  • Disregard the need to keep a copy of the filled form and any correspondence for your records.

Misconceptions

Many misconceptions exist regarding the Michigan 514 form, also known as the Conditional Tax Clearance Request. Understanding these misconceptions is crucial for businesses navigating the tax clearance process. Below is a list of nine common misconceptions and clarifications about the Michigan 514 form:

  • Only corporations can use it: It's a common misconception that the Michigan 514 form is exclusively for corporations. In reality, sole-proprietorships, partnerships, limited liability companies (LLCs), as well as corporations, can request a conditional tax clearance using this form.
  • It's for businesses ceasing operations only: While the form is often used by businesses that are winding down, it's also for those transferring most of their assets but planning to continue filings or deciding on future activities. The corporate shell remains active for tax purposes until a decision on dissolution is made.
  • It's a one-size-fits-all document: Despite its standardized format, the 514 form requires detailed and specific information about the business requesting clearance. Each section must be completed fully and accurately to reflect the unique attributes of the business.
  • No need to submit until dissolution: Contrary to this belief, businesses should submit the Michigan 514 form when they have sold most of their assets, not just when they are dissolving. This ensures compliance with state tax obligations throughout the transition phase.
  • Submitting the form is the last step: Actually, the form is part of the ongoing communication with the Michigan Department of Treasury. After submission, businesses might need to provide additional information or take further actions based on the department's requirements.
  • Only requires business information: The form requests personal information as well, particularly for sole-proprietorships and partnerships. Owner(s) names and social security numbers are required alongside business details.
  • Clearance is automatic: Submitting the form doesn't guarantee clearance. The Michigan Department of Treasury reviews the submitted information and any accompanying tax returns and payments before issuing clearance.
  • All locations must be closed for clearance: The form allows businesses to request clearance for specific locations while maintaining operations at others. It's not necessary for all business locations to discontinue operations for clearance to be requested or issued.
  • Escrow details only matter if money is held: While indicating whether escrow is involved is necessary, providing the name and address of the escrow holder, even if no money is currently held, is crucial for a comprehensive understanding of the business's financial transactions related to the asset sale.

Correcting these misconceptions is imperative for businesses to navigate the process efficiently and comply with Michigan's tax laws. Understanding the scope, requirements, and intentions behind the Michigan 514 form facilitates smoother transitions and clearer communication with state tax authorities.

Key takeaways

Understanding how to properly fill out and utilize the Michigan 514 form, a Conditional Tax Clearance Request, is crucial for businesses going through changes in their status or ownership. Here are key takeaways to ensure the process is handled correctly:

  • The Michigan 514 form is specifically designed for sole-proprietorships, partnerships, limited liability companies, or corporations that have sold most of their assets but intend to keep the corporate entity active for possible future activities.
  • It’s critical to fill out every section of the form completely to avoid delays or rejections. Incomplete forms can slow down the process significantly.
  • Businesses must report any changes in ownership, the sale of business assets, or discontinuation of business operations at a specific location through this form.
  • This form requires detailed information about the business requesting clearance, including Federal Employer Identification Number (FEIN) or TR Number, owner(s) name(s), and business addresses.
  • If your business has multiple locations but only seeks clearance for one, it’s important to indicate this clearly on the form to avoid confusion.
  • In cases where the business assets are sold or transferred to another entity, details of the transaction including the date of sale and information about the purchaser must be provided.
  • Any money held in escrow pending receipt of the tax clearance should be reported, including the amount and the holder of the escrow funds.
  • Upon completing the form, submit it along with any unpaid Michigan tax returns up to the date of discontinuance and relevant payments to the Tax Clearance Section of the Michigan Department of Treasury.

Following these guidelines will help ensure that the process of requesting a Michigan Conditional Tax Clearance is as smooth and efficient as possible, paving the way for a smooth transition in your business operations or ownership.

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