Michigan Department of Treasury - City Tax Administration 5469 (Rev. 11-19) 2020 City of Detroit Income Tax Withholding Guide Who Must Withhold? rendered or work performed regardless of whether such services or work are performed in or out of the city; and Every employer that has a location in the City of Detroit, or is • All compensation of a nonresident for services rendered or doing business in the City of Detroit, even if it has no location work performed in the City of Detroit where the City of Detroit in the City of Detroit, is required to withhold income tax from is the predominant place of employment. its employees. An employer is any individual, partnership, association, corporation, non-profit organization, governmental Vacation, holiday, sick, severance and bonus pay to body or unit or agency, or any other entity that employs one or nonresidents who perform part but not all of their work or more persons on a salary, bonus, wage, commission or other services in the City of Detroit are taxable in the same ratio as basis whether or not the employer is a business. their normal activities. For example: Example: A nonresident employee who is subject to ○ A construction firm from Ohio doing work in the City withholding on 60% of their earnings, because 60% of their of Detroit is required to withhold income tax from its work is performed in the City of Detroit, is also subject to employees. withholding on 60% of their vacation, holiday, sick pay, ○ An employer that has locations both in and out of severance pay, bonus pay or wage payments during periods of the City of Detroit must withhold income tax from all sickness. employees working in the City of Detroit, and from all City of Detroit resident employees working in or out of the Payments Not Subject to Withholding City of Detroit. Withholding does not apply to: ○ A non-profit organization in the City of Detroit is • Wages paid to domestic help; required to withhold income tax from its employees • Fees paid to independent contractors who are not employees; (although it is not engaging in business activity in the • Payment to a nonresident employee for work or services usual sense). performed in the City of Detroit, if the predominant place of ○ Employers that are not required to withhold City of employment is not the City of Detroit; Detroit income tax may register and withhold for the convenience of their City of Detroit resident employees. • Payment to a nonresident employee for work or services Convenience withholders must comply with the rendered outside the City of Detroit; registration and filing requirements outlined in these • Pensions and annuities, worker’s compensation and similar instructions. benefits; • Amounts paid for sickness, personal injury or disability NOTE: Employers withholding City income tax are required (so called excludable sick pay) to the same extent that these to file the City of Detroit Income Tax Withholding Monthly/ amounts are exempt from federal income tax, but the employer Quarterly Return (Form 5323) either monthly ($1,200 or more must withhold from such payments if federal tax is withheld; withheld per year) or quarterly ($1,199 or less withheld per • Amounts paid to an employee as reimbursement for year) AND the City of Detroit Income Tax Withholding Annual expenses incurred in performing services. Reconciliation (Form 5321). An individual with income described in the first three bullets Employees Who are Subject to Withholding above is not subject to withholding on such income. The An employer either required to withhold or voluntarily individual is nevertheless required to file an annual return and registered for withholding must withhold on compensation paid report such income if the individual is a City of Detroit resident, to the following employees: or is a nonresident earning such income in the City of Detroit. • All residents of the City of Detroit whether or not they work Employee’s Withholding Exemption Certification inside the City of Detroit; and for the City of Detroit (DW-4), Form 5527 • All nonresidents of the City of Detroit who have the City of To determine each employee’s place of residence and Detroit as their predominant place of employment (see below). predominant place of employment, an employer must have An employee is anyone from whom an employer withholds each employee fill out an Employee’s Withholding Exemption either federal income tax or social security tax. Certificate for the City of Detroit (DW-4), Form 5527. Only one Form 5527 is required for each employee, even though the Compensation Subject to Withholding employee may be subject to withholding for two cities. City of Detroit income tax must be withheld from: When properly filled out, Form 5527 provides the employee’s • All compensation (salaries, wages, commissions, severance city of residence and the two cities or communities in which pay, bonuses, etc.) of a City of Detroit resident for services the employee earns the greatest percentage of compensation These instructions are interpretations of the Detroit Income Tax Ordinance. The Detroit Income Tax Ordinance will prevail in any disagreements between the instructions and the Detroit Income Tax Ordinance. 1 |
from the employer. Most employees will only have one city The above method is applicable to all City of Detroit of employment and will check the 81%-100% field as the withholding for regular payrolls. For bonuses or other taxable percentage of compensation earned in that city. Form 5527 is earnings paid in addition to regular payroll, do not adjust for also the employee’s statement of the number of dependency exemptions. Withhold the correct tax percentage from the exemptions claimed. entire bonus or other taxable earnings amount. If an employee fails or refuses to complete Form 5527 upon Resident – Employment in Other City Levying a the request of the employer, tax shall be withheld from the Tax employee’s compensation at the resident tax rate without any consideration of exemptions. When a resident is employed at a job in a city other than the City of Detroit and the other city levies an income tax, the Do not mail Form 5527 to the city or the Michigan employer must withhold separately for both the City of Detroit Department of Treasury; these are for the employer’s use and and the other city. The rate of income tax to be withheld for must be retained in the employer’s files. the City of Detroit depends on the tax rate of the other city. Compute the City of Detroit withholding rate by subtracting the Income Tax Rates other city’s nonresident tax rate from 2.4%. The City of Detroit income tax rate for residents is 2.4% (multiply by 0.024). The City of Detroit income tax rate for Nonresident – Employment Partly in Detroit nonresidents is 1.2% (multiply by 0.012). If a nonresident of the City of Detroit works less than 100% of the time within the City of Detroit for an employer, the amount Calculating the Amount to Withhold withheld should be based only on wages earned in the City of The City of Detroit income tax is a straight percentage on Detroit. If gross pay is $200.00 and only 60% of the employee’s compensation after an adjustment for personal and dependency work is in the City of Detroit, the gross pay for the City of exemptions. Each exemption is valued at $600.00 per year. Detroit tax purposes is 60% of $200.00 or $120.00. In this For the various pay periods, the exemption translates to the example, compute the amount to be withheld for the City of amounts in the table below. Detroit as if the employee earned $120.00 gross pay. Weekly ............................................................ $11.54 Nonresident – Predominant Place of Bi-weekly ........................................................ $23.08 Employment Semi-monthly ................................................. $25.00 Monthly ........................................................... $50.00 Nonresidents of the City of Detroit are subject to withholding only if the City of Detroit is their predominant place of Per diem/daily ................................................. $ 1.64 employment. The predominant place of employment is Exemptions are allowed for the employee, spouse, and other that city imposing a tax under a uniform city income tax dependents allowed under federal rules. Additional exemptions ordinance other than the city of residence, in which the are allowed if either the employee or spouse is 65 years of age employee estimates he will earn the greatest percentage of his or older, or blind (this is different from the federal rule). compensation from the employer, which percentage is 25% or Individuals who may be claimed as an exemption on the more. individual return of another taxpayer should report zero The City of Detroit is a nonresident’s predominant place of personal exemptions on Form 5527. employment if: The amounts in the preceding table are used to adjust gross • The nonresident employee earns a greater percentage of pay for payroll withholding. The adjustment is the number compensation in the City of Detroit than any other Michigan of exemptions on Form 5527 multiplied by the exemption city with an income tax, except the employee’s city of value. On a weekly payroll for a wage earner with three (3) residence; and exemptions, the adjustment is 3 times $11.54, or $34.62. • This greater percentage constitutes 25% or more of the nonresident employee’s total compensation from the employer. The following is a description of the most commonly used method to compute income tax withholding: Payment of Tax Withheld • Multiply gross earnings by the percent earned in the City of Payment of tax withheld may be made in the following ways: Detroit for nonresidents or use gross earnings for residents. • Paper check via U.S. mail or courier with the filing of a • Multiply number of exemptions by the appropriate paper return. exemption value (from the prior table). • Paper check via U.S. mail or courier with the City of Detroit • Subtract the result of Step 2 from the result of Step 1. Income Tax Withholding E-file Payment Voucher (Form 5322), • Multiply the result from Step 3 by: when the return was previously e-filed. ○ 2.4% (0.024) for residents; or • Electronically via ACH debit when e-filing the return. ○ 1.2% (0.012) for nonresidents. • Electronically via ACH debit when using Treasury’s online EXAMPLE: Gross pay is $200.00 per week and the wage payment system at www.michigan.gov/biztaxpayments. earner lives in the City of Detroit and has 3 exemptions. The The City of Detroit Electronic Funds Transfer (EFT) Debit amount taxed is $165.38 ($200.00 - $34.62). Apply the 2.4% Application, Account Update (Form 5473) must be submitted to resident rate ($165.38 x 0.024), and withhold $3.97 from the Treasury for approval before payments can be made using the employee for the week. online payment system. 2 |
• Electronically through your financial institution via ACH www.michigan.gov/businesstaxes for information on credit with an addendum file. The Instructions for Payment of obtaining an FEIN and to register a new business (located Michigan Sales, Use, Withholding and Other Michigan Business under “New Business Registration”). Returns received without Taxes Using Electronic Funds Transfer (EFT) Credit (Form a registered account number will not be processed until such 2329) lists the requirements for making ACH credit payments. time as a number is provided. Forms are available on the Michigan Department of Treasury’s Changes to Account: Changes to your account such as address Web site at www.michigan.gov/citytax. and adding City of Detroit corporate income tax or City of Detroit income tax withholding (if already registered with Due Dates Treasury) can be made by completing the City of Detroit Notice Monthly returns: The City of Detroit Income Tax Withholding of Change (Form 5439). Monthly/Quarterly Return (Form 5323) and payments (if NOTE: Changes requested on Form 5439 will ONLY update applicable) are due on the 15th day of the month following the your City of Detroit income tax withholding accounts. To month in which the tax was withheld. make changes to State of Michigan Business Taxes please visit Quarterly returns: Form 5323 and payments (if applicable) www.michigan.gov/businesstaxes. are due on the 15th day of the month following each quarter. Sale or Discontinuance: An employer who sells, goes out For the 2020 tax year, these due dates are April 15, July 15 of business or permanently ceases to be an employer must and October 15, 2020, and January 15, 2021. file W-2s and a Form 5321 by the date the final withholding payment is due. You must indicate within Form 5321 the Date NOTE: Form 5323 must be filed even if there is no tax and Reason Code for Discontinuance. Do not use Form 5439 to liability for the period. report a sale or discontinuance. NOTE: If a due date falls on a holiday or weekend, the due date shifts to the first business day following the holiday or Annual Reports weekend. Employers doing business within the city designated on the Annual Reconciliation: The City of Detroit Income Tax City of Detroit Income Tax Withholding Annual Reconciliation Withholding Annual Reconciliation (Form 5321) and payments (Form 5321), and are reporting local withholding for a city on a (if applicable) for tax year 2020 are due February 28, 2021. 1099-R, must also report 1099-R information to the Michigan Department of Treasury on or before the last day of February. Correction of Errors When submitting W-2 forms by paper, they must be included Employer’s errors of over or under withholding should be with Form 5321. Form 5321 is available on the Michigan corrected as follows: Department of Treasury’s Web site. • If an error is discovered in the same period (month or A copy of Form W-2 issued to each employee subject to the quarter) in which it was made, the employer shall make the City of Detroit income tax must be filed whether the tax was necessary adjustment in a subsequent payment. Only the withheld or not. The Form W-2 must provide the following corrected amount should be included in the return to the city; information: • If an error is discovered in a subsequent period of the • The name, address and federal identification number of the same calendar year, the employer shall make the necessary employer. adjustment on a subsequent payment and report it as an • The name, home address and social security number of the adjustment on the next return; employee. • If an error is discovered in the following calendar year, • The total gross wages paid the employee for the year even the employer shall notify the City Income Tax Division of the if the total wages did not have City of Detroit income tax Michigan Department of Treasury of the error by filing an withheld. amended Form 5321 including corrected W-2 forms (W-2C), if • The total City of Detroit income tax withheld for the year. applicable, and: The amount of tax withheld must be clearly labeled as being ○ Pay any additional tax due; or City of Detroit income tax withheld, and the label must be in ○ Make a written request for refund of an overpayment the appropriate box on Form W-2. Failure to properly and including a specific explanation of the error. clearly label the City of Detroit income tax withheld in the locality box of Form W-2 makes the form unacceptable. NOTE: Overpayments of withholding will not be credited Improperly labeled W-2 forms do not satisfy the withholding toward tax due in future years. tax reporting requirements of the Detroit Income Tax Ordinance. Registration, Changes to Account, and Sale or Discontinuance Employers wishing to purchase one of the commercially available W-2 forms in order to combine the city, state and Registration: Taxpayers must first be registered for State federal reporting in one operation are permitted to do so, of Michigan withholding taxes before filing a City of Detroit providing one copy is submitted to the City of Detroit by the Income Tax Withholding Annual Reconciliation (Form 5321). If the taxpayer does not have a Federal Employer Identification employer. Number (FEIN), the taxpayer must obtain an FEIN before Employers may file W-2 forms via CD-ROM in lieu of paper filing a City of Detroit income tax withholding return. Visit W-2s. Information and specifications for filing via CD-ROM 3 |
are available on the Michigan Department of Treasury’s Web Electronic Filing site at michigan.gov/taxes; see the Transmittal for Magnetic Media Reporting of W-2, W-2G & 1099s (Form 447). Filing of tax returns electronically is accurate, convenient, and secure. The City of Detroit Withholding e-file program Some computer software programs allow the electronic filing provides Michigan taxpayers the opportunity to e-file City of of W-2 data in the Social Security Administrations EFW2 Detroit income tax withholding returns, including amended format, when Form 5321 is e-filed. Check with your software returns, that were prepared using a computer software provider for more details. program. Some computer software programs also allow Forms, Instructions and Information taxpayers to make an electronic payment via EFT Debit when e-filing their return. If an error occurs on a return, the e-file Income tax forms, instructions and additional software sends an error message and allows the tax preparer information are available on the Treasury Web site at to immediately correct the mistake before the return is www.michigan.gov/citytax. transmitted. Additional information is available at 517-636-5829. There is no e-file mandate for City of Detroit income tax Assistance is available using TTY through the Michigan Relay withholding returns. However, e-file returns have significantly Service by calling 1-800-649-3777 or 711. Customer service less chance of error and are processed faster than paper returns. representatives are available from 8 a.m. to 4:45 p.m., Monday When e-filing, do not mail a paper copy of your return, unless through Friday. Call 517-636-5829 for printed material in an requested by Treasury to do so. For more information on alternate format. Treasury’s E-file Programs, visit www.MIfastfile.org. Self-Service Options. Visit our secure Web site at www. michigan.gov/citytax to check the status of your return. This service is available 24 hours a day, seven days a week. • IMPORTANT: To obtain information about your account using the Internet, you will need the following information from your City of Detroit return: ○ Federal Employer Identification Number (FEIN). ○ City (Detroit). ○ Form number of return filed (Form 5321 or 5323). ○ Tax year of return. ○ Whether the item in question is a monthly/quarterly or annual return. Electronic Funds Transfer (EFT) Debit and Credit Payments EFT Debit: Your existing Treasury user ID and password can be used to access both the online payment process and the existing touch-tone phone system once you have added City of Detroit Withholding Tax. If you do not have a user ID and password and/or have not added City of Detroit Withholding Tax, you must complete and submit the City of Detroit Electronic Funds Transfer (EFT) Debit Application, Account Update (Form 5473). (See www.michigan.gov/citytax for more information.) If submitting an EFT Debit payment using a computer software program, an EFT Debit Application is not required. EFT Credit: Follow instructions on the Instructions for Payments of Michigan Sales, Use, Withholding, and Other Michigan Business Taxes Using Electronic Funds Transfer (EFT) Credit (Form 2329) to submit an EFT Credit payment. 4 |