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Outline

The Michigan 514 form is an essential document for businesses navigating the complexities of tax clearance in the state. Specifically designed for sole proprietorships, partnerships, limited liability companies, and corporations that have sold most of their assets, this form serves as a request for a Conditional Tax Clearance. It allows the business to maintain its corporate structure while fulfilling tax obligations until a final decision regarding dissolution is made. Completing the form requires detailed information about the business, including its name, federal identification number, and the owners' social security numbers. Additionally, it asks for the business's operational history, such as the dates of incorporation, commencement, and discontinuation at the specified location. The form also inquires about ongoing business activities and any sales or disposals of the business to other entities. It’s crucial to provide accurate information, as the form must be signed under penalty of perjury by an authorized individual. To ensure a smooth process, businesses must also submit any unfiled Michigan tax returns along with the form. This comprehensive approach helps the Michigan Department of Treasury assess tax compliance and facilitate the clearance process efficiently.

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.

Form Information

Fact Name Description
Governing Laws This form is issued under several laws, including 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.
Purpose The Michigan 514 form is a request for Conditional Tax Clearance for businesses that have sold most of their assets but will continue to file tax returns.
Eligibility Eligible entities include sole-proprietorships, partnerships, limited liability companies, and corporations.
Submission Requirements All unfiled Michigan tax returns and remittances must be submitted with the form to the Tax Clearance Section of the Michigan Department of Treasury.

Detailed Guide for Filling Out Michigan 514

After gathering all necessary information, you can proceed to fill out the Michigan 514 form. This form is essential for businesses that are in the process of selling most of their assets while retaining the corporate structure for tax purposes. Follow these steps carefully to ensure that your submission is complete and accurate.

  1. Enter your business information: Fill in the name of your sole-proprietorship, partnership, corporation, or limited liability company.
  2. Provide your identification numbers: Include your Federal Employer Identification Number or TR Number.
  3. List owner(s) names: If applicable, write down the names of the owner(s) for sole-proprietorships or partnerships along with their Social Security Numbers.
  4. Fill in the trade name: Enter the "Doing Business As" name if different from the official business name.
  5. Complete the business address: Include the street address, city, state, and ZIP code of the location requesting clearance.
  6. Provide incorporation details: If your business is a corporation, indicate the date it was incorporated in Michigan.
  7. Business timeline: Fill in the date your business started at this location and the date it was discontinued at this location.
  8. Ending date of last payroll: Specify the ending date of the last payroll at this location.
  9. Continuing business activity: Indicate whether you will continue business activity after clearance by selecting "Yes" or "No." If "Yes," provide the expected gross receipts for the year.
  10. Residence address: Fill in the residence address of the discontinued taxpayer along with the residence telephone number.
  11. Multiple locations: Answer whether the taxpayer operates more than one place of business and if clearance is requested for the location above.
  12. Business locations still in operation: List names and addresses of any business locations that are still operational. Use the reverse side if needed.
  13. Sale of business: If you have sold or disposed of the business to another entity, indicate "Yes" or "No." If "Yes," provide the date of sale and the name and address of the purchaser.
  14. Escrow money: If money is being held in escrow pending tax clearance, answer "Yes" or "No." If "Yes," include the amount and the business name and address of the holder of the escrow money.
  15. Final Federal 941 return: Indicate the month(s) included on your final Federal 941 return.
  16. Books and records: Provide the name and location of the holder of the seller's books and records.
  17. Certification: The owner, officer, or member must print their name, title, and sign the form, certifying that the information provided is true.

Once you have completed the form, gather all unfiled Michigan tax returns up to the date of discontinuance, along with any remittances for those returns. Mail the completed form and documents to the Tax Clearance Section at the Michigan Department of Treasury, P.O. Box 30168, Lansing, MI 48909.

Obtain Answers on Michigan 514

  1. What is the Michigan 514 form?

    The Michigan 514 form is a request for Conditional Tax Clearance. It is specifically for sole proprietorships, partnerships, limited liability companies, or corporations that have sold most of their assets but wish to maintain their corporate status for tax filing purposes. This form is essential to ensure compliance with various Michigan tax laws.

  2. Who needs to fill out the Michigan 514 form?

    Any business entity that has sold most of its assets and plans to continue filing tax returns must complete this form. This includes sole proprietorships, partnerships, limited liability companies, and corporations. If the business has ceased operations but will remain active for tax purposes, this form is necessary.

  3. What information is required on the form?

    The form requires several pieces of information:

    • Name of the business entity
    • Federal Employer Identification Number or TR Number
    • Owner(s) name(s) and Social Security Number(s)
    • Doing Business As (trade name)
    • Business location address
    • Date of incorporation and business activity
    • Details about any ongoing business activities

  4. How do I submit the Michigan 514 form?

    To submit the form, complete it in its entirety and mail it along with all unfiled Michigan tax returns and remittances to the Tax Clearance Section at the Michigan Department of Treasury. The mailing address is:

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

  5. What happens if I don’t submit this form?

    Failure to submit the Michigan 514 form may result in tax compliance issues. The business may face penalties or complications when attempting to dissolve or transfer assets. It is crucial to complete this process to ensure a smooth transition and avoid potential legal or financial repercussions.

  6. Is there a fee associated with the Michigan 514 form?

    No, there is no fee for submitting the Michigan 514 form. However, any outstanding tax liabilities must be settled before clearance can be granted. Ensure that all tax returns are filed and payments made to avoid delays.

  7. What should I do if I have more than one business location?

    If your business operates multiple locations, you need to specify whether the clearance is requested for the location listed on the form only. If other locations are still operational, provide their names and addresses as required. This ensures that all aspects of your business are accounted for in the clearance process.

Common mistakes

Filling out the Michigan 514 form can be straightforward, but many people still make common mistakes. One frequent error is not completing the form in its entirety. Each section is important, and leaving any part blank can delay the processing of your request.

Another mistake is providing incorrect or incomplete identification numbers. This includes the Federal Employer Identification Number (FEIN) or the TR Number. Double-check these numbers to ensure they are accurate. Missing or wrong numbers can lead to complications.

People often forget to include the names and Social Security Numbers of all owners, especially in sole proprietorships or partnerships. This information is crucial for the tax clearance request and should be filled out carefully.

Some individuals fail to indicate whether they are continuing business activities after clearance. This question is essential for the tax authority to understand your business's status. If you plan to continue operations, be sure to answer accurately.

Another common oversight is neglecting to provide the date of sale if the business has been sold. This date is vital for processing the clearance request. If the business has been sold, include the purchaser's information and their FEIN or TR Number as well.

People sometimes overlook the requirement to submit all unfiled Michigan tax returns along with the form. Not including these documents can lead to delays or denials. Be sure to gather all necessary paperwork before submitting your request.

Many forget to sign the certification section. This signature is a declaration of the truthfulness of the information provided. Without it, the form is incomplete and cannot be processed.

Lastly, failing to mail the form to the correct address can cause significant delays. Ensure you send it to the Tax Clearance Section at the Michigan Department of Treasury, as specified in the instructions. Following these guidelines can help you avoid common pitfalls and ensure a smoother process.

Documents used along the form

The Michigan 514 form is a crucial document for businesses seeking conditional tax clearance. However, it is often accompanied by other forms and documents that can help streamline the process. Understanding these documents can make it easier for you to navigate your obligations. Below are five common forms that are frequently used alongside the Michigan 514 form.

  • Limited Power of Attorney (Form 3840): This form allows an individual to designate someone else to act on their behalf in tax matters. If the person submitting the Michigan 514 form is not the owner or an officer of the business, this form must be included to authorize another individual to handle the tax clearance request.
  • Final Federal 941 Return: This is a report that businesses file to the IRS to summarize their payroll tax obligations. It is important to submit the final 941 return for the months leading up to the discontinuance of business, as it provides necessary information about the business's tax status.
  • Certificate of Dissolution: If a business decides to formally dissolve, this document is filed with the state. While it is not required to submit this certificate with the 514 form, it may be relevant if the business is concluding its operations permanently.
  • Escrow Agreement: If there is money being held in escrow pending the receipt of a tax clearance, this agreement outlines the terms under which the funds are held. It should include details about the amount and the parties involved, ensuring clarity in the transaction.
  • Business Records Certification: This certification confirms the location and status of the business's books and records. It is important for verifying compliance and ensuring that all necessary documentation is available for review during the tax clearance process.

By gathering these documents along with the Michigan 514 form, you can facilitate a smoother tax clearance process. Always ensure that you provide accurate and complete information to avoid delays. If you have any questions, seeking professional advice can be beneficial.

Similar forms

The Michigan 514 form is a Conditional Tax Clearance Request. It shares similarities with several other documents used in various business and tax situations. Below is a list of six documents that are comparable to the Michigan 514 form, along with explanations of their similarities.

  • IRS Form 8822: This form is used to notify the IRS of a change of address. Like the Michigan 514, it requires accurate information about the business and its owners. Both forms ensure that the correct tax records are maintained and updated.
  • IRS Form 941: This is the Employer's Quarterly Federal Tax Return. Similar to the Michigan 514, it involves reporting and clearing tax obligations. Both forms require detailed financial information and deadlines for compliance.
  • Michigan Form 5674: This form is used for business tax registration in Michigan. Like the Michigan 514, it collects essential business information to ensure proper tax management and compliance with state regulations.
  • Form 1065: The U.S. Return of Partnership Income is similar in that it reports income, deductions, and other tax-related information for partnerships. Both forms require detailed financial disclosure and are crucial for tax clearance processes.
  • Michigan Corporate Income Tax (CIT) Form: This form is used to report corporate income tax in Michigan. Similar to the Michigan 514, it ensures that businesses fulfill their tax obligations and maintain compliance with state laws.
  • Limited Power of Attorney (Form 3840): This document allows an individual to act on behalf of a business in tax matters. Like the Michigan 514, it is essential for ensuring that the appropriate parties are authorized to handle tax-related issues.

Dos and Don'ts

When filling out the Michigan 514 form, it's essential to follow specific guidelines to ensure your application is processed smoothly. Below are six important do's and don'ts to keep in mind.

  • Do complete the form in its entirety. Incomplete forms can lead to delays.
  • Do provide accurate information, including the Federal Employer Identification Number or TR Number.
  • Do include the names and addresses of all business locations still in operation if applicable.
  • Do ensure that all signatures are provided where required.
  • Don't forget to attach any unfiled Michigan tax returns with your application.
  • Don't submit the form without checking for errors or omissions. Double-checking can save time.

By adhering to these guidelines, you can help facilitate a smoother process for obtaining your Michigan Conditional Tax Clearance.

Misconceptions

  • Misconception 1: The Michigan 514 form is only for corporations.
  • This form is applicable to various business structures, including sole proprietorships, partnerships, and limited liability companies. It is not limited to corporations alone.

  • Misconception 2: Completing the form is optional if the business has already ceased operations.
  • Filing the Michigan 514 form is mandatory for businesses that have sold most of their assets but intend to remain as a corporate entity for tax purposes. This form ensures compliance with tax obligations.

  • Misconception 3: The form can be submitted without all tax returns and remittances.
  • All unfiled Michigan tax returns must accompany the form. Failing to include these documents may delay the clearance process.

  • Misconception 4: Once the form is submitted, the business is automatically dissolved.
  • Submitting the Michigan 514 form does not equate to dissolving the business. The corporate shell remains intact to file tax returns until a formal Certificate of Dissolution is filed.

  • Misconception 5: The form does not require signatures from business owners.
  • The form must be signed by an owner, officer, or member of the business. This signature certifies that the information provided is true and accurate.

  • Misconception 6: There is no need to provide information about other business locations.
  • If the business operates multiple locations, it is essential to indicate this on the form. This information is crucial for the tax clearance process.

Key takeaways

Filling out the Michigan 514 form requires attention to detail. Here are key takeaways to keep in mind:

  1. Purpose: The Michigan 514 form is a request for Conditional Tax Clearance for businesses that have sold most of their assets but will continue filing tax returns.
  2. Eligibility: This form is applicable to sole proprietorships, partnerships, limited liability companies, and corporations.
  3. Complete Information: Ensure that all sections of the form are filled out completely. Incomplete forms may delay processing.
  4. Owner Information: Include the names and Social Security Numbers of all owners if applicable.
  5. Business Details: Provide accurate details about your business, including the trade name, address, and dates related to incorporation and operation.
  6. Escrow Money: If money is held in escrow pending tax clearance, indicate this on the form and provide the necessary details.
  7. Final Returns: Submit all unfiled Michigan tax returns along with the form to avoid complications.
  8. Certification: The form must be signed by an authorized individual who can certify the accuracy of the information provided.
  9. Mailing Instructions: Send the completed form and accompanying documents to the Tax Clearance Section at the specified address to ensure proper processing.

By following these takeaways, you can streamline the process of obtaining a Conditional Tax Clearance in Michigan.