Michigan Department of Treasury
This form cannot be used as an
5081 (Rev. 04-18), Page 1 of 2
amended return; see the 2019
2019 Sales, Use and Withholding Taxes Annual Return
Sales, Use and Withholding
Taxes Amended Annual Return
Issued under authority of Public Acts 167 of 1933, 94 of 1937, and 281 of 1967, all as amended.
(Form 5082).
File this return by February 28, 2020. Do not use this form to replace a monthly/quarterly return.
Taxpayer’s Business Name Business Account Number (FEIN or TR Number)
Street Address City State ZIP Code
PART 1: SALES AND USE TAX
A. Sales B. Use: Sales & Rentals
1. Total gross sales for tax year being reported........................................... 1.
2.
XXXXXXX
Rentals of tangible property and accommodations ................................. 2.
3. Telecommunications services .................................................................. 3.
XXXXXXX
.................................................................................4. Add lines 1, 2 and 3 4.
5. ALLOWABLE DEDUCTIONS A. Sales Tax B. Use Tax
a. Resale, sublease or subrent ............................................................. 5a.
b. Industrial processing exemption ....................................................... 5b.
c. Agricultural production exemption .................................................... 5c.
d. Interstate commerce ......................................................................... 5d.
e. Nontaxable services billed separately .............................................. 5e.
f. Bad debts ......................................................................................... 5f.
g. Food for human/home consumption ................................................. 5g.
h. Government exemption .................................................................... 5h.
i. Michigan motor fuel tax .................................................................... 5i.
XXXXXXX
j. Direct payment deduction ................................................................. 5j.
k. Other exemptions and/or deductions (see instructions) ................... 5k.
XXXXXXX
l. Tax included in gross sales............................................................... 5l.
m. Total allowable deductions. Add lines 5a - 5l. ................................... 5m.
6. Taxable balance. Subtract line 5m from line 4 ......................................... 6.
7. Gross tax due. Multiply line 6 by 6% (0.06). ............................................ 7.
8. Tax collected in excess of line 7 .............................................................. 8.
9. Tax due before discount allowed. Add lines 7 and 8................................ 9.
10. Total discount allowed (see instructions) ................................................. 10.
+ 0000 2019 68 01 27 9
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2019 Form 5081, Page 2 of 2
Taxpayer’s Business Name Business Account Number
A. Sales Tax B. Use Tax
11. Total tax due. Subtract line 10 from line 9 ............................................... 11.
12. Tax payments and credits in current year (after discounts) ..................... 12.
PART 2: USE TAX ON ITEMS PURCHASED FOR BUSINESS OR PERSONAL USE
13. Purchases for which no tax was paid or inventory purchased or withdrawn for business or personal use .... 13.
14. Total use tax on purchases due. Multiply Line 13 by 6% (0.06) ..................................................................... 14.
15. Use tax paid on purchases and withdrawals in current year .......................................................................... 15.
PART 3: WITHHOLDING TAX
16. Gross Michigan payroll, pension and other taxable compensation ................................................................ 16.
17. Total number of W-2 and 1099 forms ............................................................................. 17.
18. Total Michigan income tax withheld per W-2 and 1099 forms ........................................................................ 18.
T 19. otal Michigan income tax withholding paid during current tax year .............................................................. 19.
PART 4: SUMMARY
20. Total sales, use and withholding tax due. Add lines 11A, 11B, 14 and 18 ...................................................... 20.
otal sales, use and withholding tax paid. Add lines 12A, 12B, 15 and 19 ..................................................... 21.
22. If line 21 is greater than line 20, enter the dierence here. If not, skip to line 25 ...........................................
21. T
22.
23. Amount of line 22 to be credited forward. Treasury will send notication when the credit forward is veried
and available .................................................................................................................................................. 23.
24. REFUND. Subtract line 23 from line 22 .......................................................................................................... 24.
25. If line 21 is less than 20, enter balance due ................................................................................................... 25.
26. Penalty for late ling or late payment (see instructions) ................................................................................. 26.
27. Interest for late payment (see instructions) .................................................................................................... 27.
28. TOTAL PAYMENT DUE. Add lines 25, 26 and 27 .......................................................................................... 28.
PART 5: SIGNATURE (All information below is required.)
Taxpayer Certication. I declare under penalty of perjury that the information in this Preparer Certication. I declare under penalty of perjury that this
return and attachments is true and complete to the best of my knowledge. return is based on all information of which I have any knowledge.
Preparer’s Signature
, Member,
By checking this box, I authorize Treasury to discuss my return with my preparer.
Signature of Taxpayer or Ocial Representative (must be Owner, Ocer Preparer’s Business Address
Manager, or Partner)
Print Taxpayer or Ocial Representative’s Name Date
Title Telephone Number Preparer’s Identication Number Preparer’s Telephone Number
File and pay this return for free on Michigan Treasury Online at mto.treasury.michigan.gov.
Alternatively, make check payable to “State of Michigan.” Write the account number, “SUW Annual” and tax year on the check.
Send the return and payment due to: Michigan Department of Treasury, P.O. Box 30401, Lansing, MI 48909-7901
+ 0000 2019 68 02 27 7
2019 Form 5081, Page 3
Instructions for 2019 Sales, Use and
Withholding Taxes Annual Return (Form 5081)
NOTE: The address field on this form is required to be Line 5a: Resale, Sublease or Subrent. Enter resale, sublease
completed but will not be used to replace an existing valid or subrent exemption claims.
address for the purpose of correspondence or refunds.
Line 5b: Industrial Processing Exemption. The property
Update address and other registration information using
sold must be for direct use in producing a product for
Michigan Treasury Online (MTO) at mto.treasury.
eventual sale at retail or to be affixed to and made a
michigan.gov or mail a Notice of Change or Discontinuance
structural part of real estate located in another state.
(Form 163).
Line 5c: Agricultural Production Exemption. The
IMPORTANT: This is a return for sales tax, use tax and/
property sold must be for direct use in agricultural
or withholding tax. If the taxpayer inserts a zero on or leaves
production.
blank any line reporting sales tax, use tax or withholding
Line 5d: Interstate Commerce. Enter sales made in
tax, the taxpayer is certifying that no tax is owed for that
interstate commerce. To claim such a deduction, the
tax type. Only enter figures for taxes the business is
property must be delivered by the business to the out-of-state
registered and/or liable for. If it is determined that tax is
purchaser. Property transported out-of-state by the purchaser
owed the taxpayer will be liable for the deficiency as well as
does not qualify as interstate commerce. Documentation of
penalty and interest. Form 5081 is available for submission
out-of-state shipments must be retained in business records to
electronically using MTO at mto.treasury.michigan.gov or
support this deduction.
by using approved tax preparation software.
PART 1: SALES AND USE TAX
Line 5e: Nontaxable Services Billed Separately. Enter
charges for nontaxable services billed separately, such as
Line 1A: Total Gross Sales for Tax Year being Reported.
repair or maintenance, if these charges were included in
Enter total sales, including cash, credit and installment
gross receipts on line 1. Costs, such as delivery or installation
transactions, of tangible personal property. Include any costs
charges, that are incurred before the completion of the
incurred before ownership of the property is transferred
transfer of ownership of taxable property are included in the
to the buyer, including installation, shipping, handling, and
tax base and may not be subtracted.
delivery charges. Dealers do not reduce sales reported here
Line 5f: Bad Debts. Deduct the amount of bad debts from
by any trade-in value.
business proceeds if all of the following criteria are met:
Providers of nontaxable services (that do not involve the sale
The debts are charged off as uncollectible on business
or lease of tangible personal property) should not report those
books and records at the time the debts become worthless
sales.
The debts are deducted on the return for the period during
Line 1B: Out-of-state Retailers Who do Not Have Retail
which the bad debts are written off as uncollectible
Stores in Michigan: Enter total sales, including cash, credit,
and installment transactions, of tangible personal property.
The debts are eligible to be deducted for federal income
tax purposes.
Line 2B: Rental of Tangible Property and
Accommodations.
A bad debt deduction may also be claimed by a third-party
lender provided the retailer who reported the tax and the
Lessors of tangible personal property: Enter amount of
lender financing the sale executed and maintained a separate
total rental receipts.
written election designating which party may claim the
P ersons providing accommodations: This includes but is
deduction. Certain additional conditions must be met. See
not limited to total hotel, motel, and vacation home
MCL 205.54i, 205.99a, and RAB 2015-27.
rentals, and assessments imposed under the Convention
Line 5g: Food for Human/Home Consumption. Enter the
and Tourism Act, the Convention Facility Development
total of retail sales of grocery-type food, excluding tobacco
Act, the Regional Tourism Marketing Act, and the
and alcoholic beverages. Prepared food is subject to tax. See
Community Convention or Tourism Marketing Act.
MCL 205.54g and MCL 205.94d for more information.
Line 3B: Telecommunications Services. Gross income
from telecommunications service.
Line 5h: Government Exemption. Direct sales to the
United States Government, State of Michigan, or its political
Line 5a-5l: Allowable Exemptions and/or Deductions. Use
subdivisions are exempt.
lines 5a - 5l to deduct from gross sales the nontaxable sales
included in line 4. Deductions taken for tax exempt sales
Line 5i: Michigan Motor Fuel Tax. Motor fuel retailers
must be substantiated in business records. A completed copy
may deduct the Michigan motor fuel taxes that were included
of Michigan Sales and Use Tax Certificate of Exemption
in gross sales on line 1 and paid to the State or the distributor.
(Form 3372) or the same information in another format
Line 5j: Direct Payment Deduction. Enter sales made to
must be obtained from the purchaser. For more information
purchasers that claimed direct pay exemption from sales
on exemption documentation, see Revenue Administrative
and use taxes. If you accepted Michigan’s Sales and Use Tax
Bulletin (RAB) 2016 -14.
Certificate of Exemption (Form 3372), the box in Section
3 for “Other” should substantially include the following
statement: “Direct pay authorized under Account Number
[listing either the Federal Employer Identification Number or
the Michigan Treasury Registration Number].” MCL 205.98.
Line 5k: Other Exemptions and/or Deductions. Identify
exemptions or deductions not covered in items 5a through 5j
on this line. Examples of exemptions or deductions are:
Allowable trade-in values on vehicle sales. Motor vehicle,
recreational vehicle, and watercraft dealers may be eligible
to deduct a limited trade-in value under MCL 205.51(d).
Taxes paid to Secretary of State are not reported here.
Instead, they are reported on the Vehicle Dealer
Supplemental Schedule (Form 5086, e-file only).
Direct sales, not for resale, to certain nonprofit agencies,
churches, schools, hospitals, and homes for the care of
children and the aged, to the extent the property is used to
carry out the nonprofit purpose of the organization.
Limitations apply to vehicles. All sales must be paid for
directly from the funds of the exempt organization to
qualify.
Assessments imposed under the Convention and Tourism
Act, the Convention Facility Development Act, the
Regional Tourism Marketing Act, or the Community
Convention or Tourism Marketing Act. Hotels and motels
may deduct the assessments included in gross sales and
rentals provided use tax on the assessments was not
charged to the customers.
Credits allowed to customers for sales tax originally paid
on merchandise voluntarily returned, provided the return
is made within the time period for returns stated in the
taxpayer’s refund policy or 180 days after the initial sale,
whichever is earlier. Repossessions are not allowable
deductions.
Sales to contractors of materials which will become part
of a finished structure for a qualified exempt nonprofit
hospital, qualified exempt nonprofit housing entity or
church sanctuary, or materials to be affixed to and made a
structural part of real estate located in another state. The
purchaser will provide a Michigan Sales and Use Tax
Contractor Eligibility Statement (Form 3520). See RAB
2016 -18.
Vehicle sales to non-reciprocal states for which no tax was
paid to Secretary of State.
Qualified nonprofit organizations may take a deduction
for the sale of the first $10,000.00 of tangible personal
property in a calendar year for fund-raising purposes if
the aggregate sales at retail in the calendar year are less
than $25,000.00. For qualifications, see RAB 1995-3.
Line 5l: Tax Included in Gross Sales. If you have tax
included in your gross sales, divide your gross sales by
17.6667 and enter the amount.
Line 8: If more tax was collected than the amount on line 7,
enter the difference.
Line 10: Total Discount Allowed.
Annual filers: Enter $72 if the tax due on line 9 is $108 or
more. If tax due is less than $108, calculate the discount
by multiplying line 9 by 2/3 (0.6667).
Accelerated/Monthly/Quarterly filers: Enter total
discounts allowed for the year.
Line 12: Enter total payments plus credits from 2019 Fuel
Supplier and Wholesaler Prepaid Sales Tax Schedule
(Form 5083), 2019 Fuel Retailer Supplemental Schedule
(Form 5085), and 2019 Vehicle Dealer Supplemental
Schedule (Form 5086), if applicable, made for the current tax
year.
Note: all prepaid sales tax schedules are e-le only.
PART 2: USE TAX ON ITEMS PURCHASED FOR
BUSINESS OR PERSONAL USE
Line 13: Enter purchases for which no tax was paid,
including property withdrawn from inventory for business
or personal use. For Manufacturer/Contractors, alternative
measures of the use tax base should be reported (see
MCL 205.93a(1)(f) and (g) and RAB 2016-24 for more
information). For all other taxpayers, report the “purchase
price” as defined in MCL 205.92(f).
PART 3: WITHHOLDING TAX
Line 17: Enter the number of your W-2 and 1099 statements.
Line 18: Enter the total Michigan income tax withheld for
the return year.
Line 19: Enter the total Michigan income tax withholding
previously paid for the return year. (Do not include penalty
and interest).
PART 4: SUMMARY
Line 24: Enter the amount of overpayment from line 22 to be
refunded. Refunds will not be made in amounts of less than
$1.
Line 25: If line 21 (tax paid) is less than line 20 (tax due),
enter the additional tax due. Pay any amount greater than or
equal to $1.
Line 28: Total Payment Due. Add lines 25, 26 and 27. Make
check payable to “State of Michigan.Write the account
number, “SUW Annual” and the tax year on the check. Do
not pay if the amount due is less than $1.
How to Compute Penalty and Interest
If the return is filed after February 28 and no tax is due,
compute penalty at $10 per day up to a maximum of $400.
If the return is filed with additional tax due, include penalty
and interest with the payment. Penalty is 5% of the tax due
and increases by an additional 5% per month or fraction
thereof, after the second month, to a maximum of 25%.
Interest is charged daily using the average prime rate, plus 1
percent.
Refer to www.michigan.gov/taxes for current interest rate
information or help in calculating late payment fees.
Wage Statements and Reporting
Wage statements are federal forms and include W-2s and
1099s. W-2 statements must be furnished to employees by
January 31. See IRS form instructions to determine the
deadline to furnish 1099 forms to recipients. State copies of
wage statements are due to the Department of Treasury on
2019 Form 5081, Page 4
2019 Form 5081, Page 5
or before January 31. Wage statement copies, or the ability to Alternatively, wage statements can be mailed separately to
recreate the data, should be retained in business records for the address below. Do not include a copy of the annual return
seven years. with the wage statements.
Michigan is now participating in the combined federal/state Michigan Department of Treasury
1099 filing program. The IRS will share this information Lansing, MI 48930
with Michigan. If there is no Michigan individual income
Employers with 250 or more employees must report using
tax withholding reported and the 1099s were filed using
magnetic media. Smaller employers are encouraged to use
this program, the Michigan requirement for reporting non-
magnetic media reporting, but are not required to send state
employee compensation paid to Michigan residents has been
copies of federal wage statements in this manner. Filing and
satisfied. This rule applies for tax years 2014 and beyond. If
format instructions are available on Transmittal for Magnetic
Michigan income tax was withheld, the taxpayer needs to file
Media Reporting of W-2s, W-2Gs, and 1099s to the State of
as any other filer who has paid Michigan individual income
Michigan (Form 447).
tax withholding.
For tax years 2017 and beyond, electronic upload of wage
For tax years 2015 and beyond, you may electronically
statement information through MTO or electronic filing of
upload wage statement information through Michigan
W-2 data using computer software programs is magnetic
Treasury Online (MTO). Visit michigan.gov/mtobusiness
media compliant.
for MTO guides and tutorials as well as file format and size
restrictions for wage statement upload.
Tax Assistance
You may also electronically file W-2 data in the Social
For assistance, call 517-636-6925. Assistance is available
Security Administrations EFW2 format, when using
using TTY through the Michigan Relay Center by calling
computer software programs to e-file Form 5081. Check with
711.
your software provider for more details.