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The Michigan 5092 form serves as a critical tool for businesses and individuals seeking to amend their sales, use, and withholding tax returns for specific monthly or quarterly periods. Issued by the Michigan Department of Treasury, this form is underpinned by the authority of public acts that date back to the 1930s. It allows taxpayers to correct previously submitted tax returns by providing updated figures and necessary explanations for the amendments. Key sections of the form include detailed calculations for gross sales, taxable amounts, and the corresponding tax due, which is calculated at a rate of 6%. Additionally, the form incorporates provisions for claiming allowable discounts, thereby incentivizing timely payments. Taxpayers must also indicate the reason for amending their returns, selecting from a predefined list of codes that cover scenarios such as increasing or decreasing tax liabilities and correcting erroneous information. The 5092 form not only facilitates compliance with tax obligations but also serves as a declaration of the taxpayer's commitment to accuracy and transparency, as it requires a certification under penalty of perjury. Understanding the intricacies of this form is essential for effective tax management and avoiding potential penalties associated with late filings or inaccuracies.

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Michigan Department of Treasury 5092 (08-14)

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

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

Taxpayer’s Business Name

 

 

 

 

 

Business Account Number (FEIN or TR Number)

 

 

 

 

 

 

 

 

 

Tax type being amended

 

 

 

 

 

Return Period Ending (MM-YYYY)

 

 

 

 

 

 

 

 

 

 

 

Sales Tax

 

Use: Sales and Rentals

 

Withholding Tax

 

Use Tax on Purchases

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reason Code for Amending Return (See Instr.)

If other, provide explanation

PART 1: SAlES AnD USE TAx

1. Gross sales, rentals and services

1a.

CORRECTED

Sales

1b.

CORRECTED

Use: Sales and Rentals

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

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

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

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

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

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

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

2a.

3a.

4a.

5a.

6a.

A. Sales Tax

XXXXXXX

2b.

3b.

4b.

5b.

6b.

B. Use Tax

XXXXXXX

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

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

 

by 6% (0.06)

7.

PART 3: WIThhOlDIng TAx

8. Total amount of Michigan income tax withheld

8.

PART 4: TOTAl TAx/PAyMEnT DUE

9.

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

 

 

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

9.

10.

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

 

 

amount previously paid for this return period

10.

11.

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

 

 

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

11.

12.

Penalty paid with this return (for late iling)

12.

13.

Interest paid with this return (for late iling)

13.

14.

TOTAl PAyMEnT DUE. Add lines 11, 12 and 13

14.

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

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

Printed Name

Title

Date

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

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

+ 0000 2015 88 01 27 5

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

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

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

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

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

01Increasing tax liability

02Decreasing tax liability

03Incorrect information/igures reported on original return

04Original return was missing information/incomplete

05Claiming previously unclaimed pre-paid sales tax

06Dispute an adjustment

07Tax Exempt

08Other

PART 1: SAlES AnD USE TAx

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

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

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

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

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

Telecommunications Services: Enter gross income from telecommunications services.

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

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

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

Monthly Filer

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

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

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

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

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

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

Quarterly Filer

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

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

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

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

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

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

Accelerated Filer

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

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

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

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

PART 3: WIThhOlDIng TAx

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

PART 4: TOTAl TAx/PAyMEnT DUE

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

future tax periods (skip lines 10-14).

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

how to Compute Penalty and Interest

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

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

Form Specifications

Fact Name Details
Form Purpose The Michigan 5092 form is used to amend monthly or quarterly returns for Sales, Use, and Withholding Taxes.
Governing Laws This form is issued under the authority of Public Acts 167 of 1933 and 94 of 1937, as amended.
Tax Types It addresses Sales Tax, Use Tax, and Withholding Tax. Taxpayers must specify which type they are amending.
Amendment Reason Codes Taxpayers must provide a reason code for the amendment, which can include increasing or decreasing tax liability.
Discount Eligibility Taxpayers may be eligible for discounts on sales and use tax, depending on their filing frequency and the amount due.
Filing Frequency The form can be used for monthly or quarterly filings, and specific calculations apply based on the frequency.
Penalties for Late Filing Late filing incurs penalties starting at 5% of the tax due, which increases monthly, up to a maximum of 25%.
Submission Instructions Returns and payments should be sent to the Michigan Department of Treasury, P.O. Box 30324, Lansing, MI 48909-7824.

Michigan 5092: Usage Guidelines

Completing the Michigan 5092 form requires careful attention to detail. This form is essential for amending sales, use, and withholding tax returns for the specified period. Once the form is filled out, it must be submitted along with any payment due to the Michigan Department of Treasury.

  1. Begin by entering your Taxpayer’s Business Name in the designated field.
  2. Provide your Business Account Number, which can be either your FEIN or TR Number.
  3. Select the Tax type you are amending from the options: Sales Tax, Use Tax, or Withholding Tax.
  4. Fill in the Return Period Ending date in the format MM-YYYY.
  5. Indicate the Reason Code for Amending Return by selecting the appropriate two-digit code. If your reason is "Other," write a brief explanation.

For Part 1, Sales and Use Tax:

  1. Enter the total Gross sales, rentals, and services in line 1.
  2. For line 1a, provide the CORRECTED Sales amount.
  3. For line 1b, provide the CORRECTED Use: Sales and Rentals amount.
  4. Calculate the Total sales and/or use tax by multiplying the taxable amount by 6% and enter it in line 2.
  5. Enter any Total pre-paid tax from Forms 5083, 5085, or 5086 in line 3.
  6. Calculate the Remaining amount of sales and use tax eligible for discount by subtracting line 3 from line 2 and enter it in line 4.
  7. Determine the Total of allowable discounts by multiplying line 4 by your applicable discount rate and enter it in line 5.
  8. Calculate the Total sales and use tax due by subtracting line 5 from line 4 and enter it in line 6.

For Part 2, Use Tax on Items Purchased for Business or Personal Use:

  1. Enter the Total amount of use tax from purchases and withdrawals from inventory in line 7.

For Part 3, Withholding Tax:

  1. Enter the Total amount of Michigan income tax withheld for the period in line 8.

For Part 4, Total Tax/Payment Due:

  1. Calculate the Amount of sales, use, and withholding tax due by adding lines 6a, 6b, 7, and 8 in line 9.
  2. If applicable, enter the Total amount applied for this return period in line 10.
  3. Determine the Amount of tax due by subtracting line 10 from line 9 and enter it in line 11.
  4. Enter any Penalty paid with this return for late filing in line 12.
  5. Enter any Interest paid with this return for late filing in line 13.
  6. Calculate the Total payment due by adding lines 11, 12, and 13 and enter it in line 14.

Finally, sign the form in the Taxpayer Certification section, providing your printed name, title, and date. Ensure that payment is made out to "State of Michigan," and include your account number on the check. Submit the completed form and payment to the Michigan Department of Treasury at the specified address.

Your Questions, Answered

What is the Michigan 5092 form used for?

The Michigan 5092 form is used to amend monthly or quarterly returns for sales, use, and withholding taxes. If a taxpayer needs to correct previous tax filings for the current year, this form is the appropriate document to use. It allows for adjustments to be made to sales tax, use tax, and withholding tax amounts reported earlier.

Who needs to file the Michigan 5092 form?

Any business or individual who has previously submitted a sales, use, or withholding tax return in Michigan and needs to make corrections should file the Michigan 5092 form. This includes those who may have discovered errors in their reported figures or wish to claim previously unreported tax credits.

What information is required on the Michigan 5092 form?

When filling out the form, you will need to provide your business name, account number, the tax type being amended, and the return period ending date. Additionally, you must report corrected figures for gross sales, total tax, and any discounts. If you are amending for a specific reason, you must select a reason code and provide an explanation if necessary.

How do I calculate the total tax due on the Michigan 5092 form?

To calculate the total tax due, you need to add together the amounts from several lines on the form. This includes sales and use tax amounts and any withholding tax. If you have any allowable discounts, subtract those from the total tax calculated. If your total tax due is negative, this indicates an amount available for future tax periods.

What happens if I file the Michigan 5092 form late?

If you file the form late and owe additional tax, you will incur penalties and interest. The penalty starts at 5% of the tax due and increases by an additional 5% for each month it remains unpaid, up to a maximum of 25%. Interest is also charged daily based on the average prime rate plus 1%. This can add up quickly, so timely filing is crucial.

Can I use the Michigan 5092 form to amend returns from prior years?

No, the Michigan 5092 form is only for amending returns from the current year. If you need to amend tax returns from years prior to 2015, you must use Form 165. It is essential to use the correct form for the correct tax year to ensure compliance with Michigan tax laws.

Where do I send my completed Michigan 5092 form?

Once you have completed the Michigan 5092 form, you should mail it along with any payment due to the Michigan Department of Treasury at P.O. Box 30324, Lansing, MI 48909-7824. Be sure to include your account number on your payment to ensure it is processed correctly.

Common mistakes

  1. Failing to include the Taxpayer’s Business Name and Business Account Number. This information is crucial for processing the return correctly.

  2. Leaving the Return Period Ending date blank or incorrectly filled. This can lead to confusion about which tax period the return applies to.

  3. Not selecting the correct Tax type being amended. Ensure you check the appropriate box for Sales Tax, Use Tax, or Withholding Tax.

  4. Incorrectly calculating the Total sales and/or use tax. Make sure to multiply the taxable amount by 6% accurately.

  5. Omitting the Reason Code for Amending Return. This code is essential for the processing of the amendment.

  6. Reporting negative figures on lines where they are not allowed, such as Total sales tax or Total use tax. Negative amounts can lead to rejection of the return.

  7. Forgetting to calculate allowable discounts correctly. Discounts apply only to a portion of the tax collected, so ensure calculations are accurate.

  8. Not signing the return. The Taxpayer Certification requires a signature from the taxpayer or an official representative.

  9. Neglecting to include any penalty or interest due with the return. This can lead to additional fees and complications.

  10. Sending the return and payment to the wrong address. Always verify the correct mailing address to avoid delays.

Documents used along the form

The Michigan 5092 form is an essential document for businesses needing to amend their sales, use, and withholding tax returns. In addition to this form, several other documents may be required to ensure compliance with state tax regulations. Below is a brief overview of these related forms and documents.

  • Form 5083: This form is used to report prepaid sales tax. Businesses must complete it to account for any prepaid sales tax that should be included in their amended return.
  • Form 5085: This document serves a similar purpose as Form 5083 but is specifically for reporting prepaid use tax. It is necessary for businesses that have prepaid use tax to include in their amended filings.
  • Form 5086: This form is used for electronic filing of prepaid sales and use tax. It helps streamline the reporting process for those who prefer to submit their taxes online.
  • Form 165: If a taxpayer needs to amend returns from tax years prior to 2015, this form is required. It is essential for ensuring that past tax liabilities are correctly adjusted.
  • Taxpayer Certification: This section of the 5092 form requires a signature from the taxpayer or an official representative, confirming that the information provided is accurate and complete. It is a crucial step in the filing process.
  • Payment Voucher: If there is a tax due, a payment voucher may be included with the return. This document facilitates the payment process and ensures that the payment is correctly applied to the taxpayer’s account.

Understanding these forms and documents is vital for businesses navigating the complexities of tax amendments in Michigan. Each plays a unique role in ensuring compliance and accuracy in tax reporting. By being diligent in completing these forms, taxpayers can avoid potential penalties and ensure their tax obligations are met effectively.

Similar forms

The Michigan 5092 form serves as an amended return for sales, use, and withholding taxes. Several other documents share similarities with this form in terms of purpose and structure. Here are four such documents:

  • Form 165: This form is used to amend tax years prior to 2015. Like the 5092, it allows taxpayers to correct previously submitted tax information, ensuring accurate reporting of tax liabilities.
  • Form 5083: This document is a prepayment form for sales tax. It is similar in that it requires detailed reporting of sales figures and tax calculations, and it plays a role in the overall tax payment process.
  • Form 5085: This form is used for reporting and prepaying use tax. It shares the same structure as the 5092, requiring taxpayers to provide information about taxable purchases and calculate the associated tax due.
  • Form 5086: This is another prepayment form related to withholding tax. Like the 5092, it necessitates accurate reporting of tax withheld and serves as a means for taxpayers to reconcile their tax obligations.

Dos and Don'ts

When filling out the Michigan 5092 form, it is important to follow certain guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do.

  • Do use the correct form for the tax year you are amending. Form 5092 is specifically for the current year.
  • Do provide accurate figures. Ensure that all amounts reported reflect the correct sales, use, and withholding taxes.
  • Do check the appropriate boxes for each tax type you are amending. This helps to clarify which taxes are affected.
  • Do include an explanation if you select "Other" for the reason code. Clarity in your reasoning can prevent confusion.
  • Do sign and date the form. An unsigned return may be considered invalid.
  • Don't leave any required fields blank. Each line must be completed to avoid delays or penalties.
  • Don't use negative figures for sales, use, or withholding tax amounts. Negative amounts are not valid.
  • Don't forget to calculate any applicable discounts. Discounts can significantly affect the total tax due.
  • Don't submit the form without reviewing it for accuracy. Errors can lead to penalties or interest charges.
  • Don't send payment without including your account number on the check. This helps ensure your payment is applied correctly.

Misconceptions

Understanding the Michigan 5092 form can be challenging. Here are four common misconceptions about this important tax document.

  • Misconception 1: The Michigan 5092 form can be used for any tax year.
  • This is incorrect. The Michigan 5092 form is specifically designed to amend monthly or quarterly tax returns for the current year only. For tax years prior to 2015, taxpayers must use Form 165.

  • Misconception 2: Reporting zero on any line means no tax is owed.
  • While it may seem straightforward, entering a zero or leaving a line blank certifies that no tax is owed for that category. If it is later determined that tax is owed, the taxpayer may face penalties and interest for the deficiency.

  • Misconception 3: Discounts on taxes can be applied universally.
  • Discounts are not a one-size-fits-all solution. They vary based on the filing frequency and specific conditions. Taxpayers must calculate discounts according to established formulas that depend on the amount of tax due and the payment date.

  • Misconception 4: The reason for amending the return is optional.
  • This is misleading. Taxpayers must provide a reason code for any amendments made on the form. Failure to do so could lead to complications and may delay processing.

Key takeaways

Key Takeaways for Filling Out and Using the Michigan 5092 Form:

  • The Michigan 5092 form is used to amend sales, use, and withholding taxes for the current year.
  • Ensure you complete the form with corrected figures for accuracy.
  • Identify the tax type you are amending and check the appropriate box on the form.
  • If you select "Other" for the reason code, provide a clear explanation.
  • Be aware that inserting a zero or leaving a line blank certifies that no tax is owed for that type.
  • Calculate the total sales and use tax by multiplying the taxable amount by 6%.
  • Discounts apply only to a portion of the sales and use tax collected, based on your filing frequency.
  • For negative amounts on line 9, skip lines 10-14; this indicates an amount available for future periods.
  • Late filing incurs penalties and interest, which can significantly increase the total amount owed.
  • Submit your payment to the Michigan Department of Treasury, ensuring to include your account number.

Following these guidelines will help ensure that your form is completed correctly and submitted on time. Be proactive in addressing any issues to avoid penalties.