Michigan Department of Treasury - City Tax Administration; 5469 (Rev. 09-22) 2023 City of Detroit Income Tax Withholding Guide Example: A nonresident employee who is subject to withholding Who Must Withhold? on 60% of their earnings, because 60% of their work is performed Every employer that has a location in the City of Detroit, or is in the City of Detroit, is also subject to withholding on 60% of doing business in the City of Detroit, even if it has no location their vacation, holiday, sick pay, severance pay, bonus pay or wage in the City of Detroit, is required to withhold income tax from payments during periods of sickness. its employees. An employer is any individual, partnership, association, corporation, non-profit organization, governmental Payments Not Subject to Withholding body or unit or agency, or any other entity that employs one or Withholding does not apply to: more persons on a salary, bonus, wage, commission or other basis whether or not the employer is a business. • Wages paid to domestic help; • Fees paid to independent contractors who are not employees; For example: • Payment to a nonresident employee for work or services ○ A construction firm from Ohio doing work in the City performed in the City of Detroit, if the predominant place of of Detroit is required to withhold income tax from its employment is not the City of Detroit; employees. • Payment to a nonresident employee for work or services ○ An employer that has locations both in and out of the rendered outside the City of Detroit; City of Detroit must withhold income tax from all employees • Pensions and annuities, worker’s compensation and similar working in the City of Detroit, and from all City of Detroit benefits; resident employees working in or out of the City of Detroit. • Amounts paid for sickness, personal injury or disability (so ○ A non-profit organization in the City of Detroit is required called excludable sick pay) to the same extent that these amounts to withhold income tax from its employees (although it is not are exempt from federal income tax, but the employer must engaging in business activity in the usual sense). withhold from such payments if federal tax is withheld; ○ Employers that are not required to withhold City of • Amounts paid to an employee as reimbursement for expenses Detroit income tax may register and withhold for the incurred in performing services. convenience of their City of Detroit resident employees. An individual with income described in the first three bullets Convenience withholders must comply with the registration above is not subject to withholding on such income. The and filing requirements outlined in these instructions. individual is nevertheless required to file an annual return and NOTE: Employers withholding City income tax are required to report such income if the individual is a City of Detroit resident, or file the City of Detroit Income Tax Withholding Monthly/Quarterly is a nonresident earning such income in the City of Detroit. Return (Form 5323) either monthly ($1,200 or more withheld per year) or quarterly ($1,199 or less withheld per year) AND the City Employee’s Withholding Exemption Certification of Detroit Income Tax Withholding Annual Reconciliation (Form for the City of Detroit (DW-4), Form 5527 5321). To determine each employee’s place of residence and predominant place of employment, an employer must have each employee fill Employees Who are Subject to Withholding out an Employee’s Withholding Exemption Certificate for the City An employer either required to withhold or voluntarily registered of Detroit (DW-4), Form 5527. Only one Form 5527 is required for withholding must withhold on compensation paid to the for each employee, even though the employee may be subject to following employees: withholding for two cities. • All residents of the City of Detroit whether or not they work When properly filled out, Form 5527 provides the employee’s inside the City of Detroit; and city of residence and the two cities or communities in which the • All nonresidents of the City of Detroit who have the City of employee earns the greatest percentage of compensation from the Detroit as their predominant place of employment (see below). employer. Most employees will only have one city of employment An employee is anyone from whom an employer withholds either and will check the 81%-100% field as the percentage of federal income tax or social security tax. compensation earned in that city. Form 5527 is also the employee’s statement of the number of dependency exemptions claimed. Compensation Subject to Withholding If an employee fails or refuses to complete Form 5527 upon the City of Detroit income tax must be withheld from: request of the employer, tax shall be withheld from the employee’s • All compensation (salaries, wages, commissions, severance compensation at the resident tax rate without any consideration of pay, bonuses, etc.) of a City of Detroit resident for services exemptions. rendered or work performed regardless of whether such services or Do not mail Form 5527 to the city or the Michigan Department work are performed in or out of the city; and of Treasury; these are for the employer’s use and must be retained • All compensation of a nonresident for services rendered or in the employer’s files. work performed in the City of Detroit where the City of Detroit is the predominant place of employment. Income Tax Rates Vacation, holiday, sick, severance and bonus pay to nonresidents The City of Detroit income tax rate for residents is 2.4% (multiply who perform part but not all of their work or services in the City by 0.024). The City of Detroit income tax rate for nonresidents is of Detroit are taxable in the same ratio as their normal activities. 1.2% (multiply by 0.012). 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 |
work is in the City of Detroit, the gross pay for the City of Detroit Calculating the Amount to Withhold tax purposes is 60% of $200.00 or $120.00. In this example, The City of Detroit income tax is a straight percentage on compute the amount to be withheld for the City of Detroit as if the compensation after an adjustment for personal and dependency employee earned $120.00 gross pay. exemptions. Each exemption is valued at $600.00 per year. For the various pay periods, the exemption translates to the amounts in the Nonresident – Predominant Place of table below. Employment Weekly ................................................................ $11.54 Nonresidents of the City of Detroit are subject to withholding only Bi-weekly ............................................................ $23.08 if the City of Detroit is their predominant place of employment. Semi-monthly ..................................................... $25.00 The predominant place of employment is that city imposing a tax Monthly............................................................... $50.00 under a uniform city income tax ordinance other than the city of residence, in which the employee estimates he will earn the Per diem/daily..................................................... $ 1.64 greatest percentage of his compensation from the employer, which Exemptions are allowed for the employee, spouse, and other percentage is 25% or more. dependents allowed under federal rules. Additional exemptions The City of Detroit is a nonresident’s predominant place of are allowed if either the employee or spouse is 65 years of age or employment if: older, or blind (this is different from the federal rule). • The nonresident employee earns a greater percentage of Individuals who may be claimed as an exemption on the individual compensation in the City of Detroit than any other Michigan city return of another taxpayer should report zero personal exemptions with an income tax, except the employee’s city of residence; and on Form 5527. • This greater percentage constitutes 25% or more of the The amounts in the preceding table are used to adjust gross nonresident employee’s total compensation from the employer. pay for payroll withholding. The adjustment is the number of exemptions on Form 5527 multiplied by the exemption value. On Payment of Tax Withheld a weekly payroll for a wage earner with three (3) exemptions, the Payment of tax withheld may be made in the following ways: adjustment is 3 times $11.54, or $34.62. • Paper check via U.S. mail or courier with the filing of a paper The following is a description of the most commonly used method return. to compute income tax withholding: • Paper check via U.S. mail or courier with the City of Detroit Income Tax Withholding E-file Payment Voucher (Form 5322), • Multiply gross earnings by the percent earned in the City of when the return was previously e-filed. Detroit for nonresidents or use gross earnings for residents. • Electronically via ACH debit when e-filing the return. • Multiply number of exemptions by the appropriate exemption • Electronically via ACH debit when using Treasury’s online value (from the prior table). payment system at www.michigan.gov/biztaxpayments. The City • Subtract the result of Step 2 from the result of Step 1. of Detroit Electronic Funds Transfer (EFT) Debit Application, • Multiply the result from Step 3 by: Account Update (Form 5473) must be submitted to Treasury for ○ 2.4% (0.024) for residents; or approval before payments can be made online. ○ 1.2% (0.012) for nonresidents. • Electronically through your financial institution via ACH credit EXAMPLE: Gross pay is $200.00 per week and the wage earner with an addendum file. The Instructions for Payment of Michigan lives in the City of Detroit and has 3 exemptions. The amount taxed Sales, Use, Withholding and Other Michigan Business Taxes Using is $165.38 ($200.00 - $34.62). Apply the 2.4% resident rate ($165.38 Electronic Funds Transfer (EFT) Credit (Form 2329) lists the x 0.024), and withhold $3.97 from the employee for the week. requirements for making ACH credit payments. The above method is applicable to all City of Detroit withholding Forms are available on the Michigan Department of Treasury’s for regular payrolls. For bonuses or other taxable earnings paid in Web site at www.michigan.gov/citytax. addition to regular payroll, do not adjust for exemptions. Withhold the correct tax percentage from the entire bonus or other taxable Due Dates earnings amount. Monthly returns: The City of Detroit Income Tax Withholding Monthly/Quarterly Return (Form 5323) and payments (if Resident – Employment in Other City Levying a applicable) are due on the 15th day of the month following the Tax month in which the tax was withheld. When a resident is employed at a job in a city other than the City Quarterly returns: Form 5323 and payments (if applicable) are due of Detroit and the other city levies an income tax, the employer on the 15th day of the month following each quarter. For the 2023 must withhold separately for both the City of Detroit and the other tax year, the due dates are April 15, July 15 and October 15, 2023, city. The rate of income tax to be withheld for the City of Detroit and January 15, 2024. depends on the tax rate of the other city. Compute the City of NOTE: Form 5323 must be filed even if there is no tax liability Detroit withholding rate by subtracting the other city’s nonresident for the period. Do not use this form for payment of penalty and tax rate from 2.4%. interest only. Nonresident – Employment Partly in Detroit NOTE: If filing of City Withholding tax is no longer required, If a nonresident of the City of Detroit works less than 100% of Form 5321 must be completed to discontinue. See Form 5321 for the time within the City of Detroit for an employer, the amount additional instructions. withheld should be based only on wages earned in the City of NOTE: If a due date falls on a holiday or weekend, the due date Detroit. If gross pay is $200.00 and only 60% of the employee’s shifts to the first business day following the holiday or weekend. 2 |
Annual Reconciliation: The City of Detroit Income Tax (Form 5321), and are reporting local withholding for a city on a Withholding Annual Reconciliation (Form 5321) and payments (if 1099-R, must also report 1099-R information to the Michigan applicable) for tax year 2023 are due February 29, 2024. Department of Treasury on or before the last day of February. When submitting W-2 forms by paper, they must be included with NOTE: An Annual Reconciliation is required in addition to the monthly or quarterly filing. It is necessary to file using the form Form 5321. Form 5321 is available on the Michigan Department of Treasury’s Web site. from the appropriate year; do not alter a return from a prior year. Go online to www.michigan.gov/citytax for forms and instructions. A copy of Form W-2 issued to each employee subject to the City of Detroit income tax must be filed whether the tax was withheld or Correction of Errors not. The Form W-2 must provide the following information: Employer’s errors of over or under withholding should be • The name, address and federal identification number of the corrected as follows: employer. • If an error is discovered in the same period (month or quarter) • The name, home address and social security number of the in which it was made, the employer shall make the necessary employee. adjustment in a subsequent payment. Only the corrected amount • The total gross wages paid the employee for the year even if the should be included in the return to the city; total wages did not have City of Detroit income tax withheld. • If an error is discovered in a subsequent period of the same • The total City of Detroit income tax withheld for the year. calendar year, the employer shall make the necessary adjustment The amount of tax withheld must be clearly labeled as being on a subsequent payment and report it as an adjustment on the City of Detroit income tax withheld, and the label must be in the next return; appropriate box on Form W-2. Failure to properly and clearly label • If an error is discovered in the following calendar year, the the City of Detroit income tax withheld in the locality box of Form employer shall notify the City Income Tax Division of the Michigan W-2 makes the form unacceptable. Improperly labeled W-2 forms Department of Treasury of the error by filing an amended Form do not satisfy the withholding tax reporting requirements of the 5321 including corrected W-2 forms (W-2C), if applicable, and: Detroit Income Tax Ordinance. ○ Pay any additional tax due; or ○ Make a written request for refund of an overpayment Employers wishing to purchase one of the commercially available including a specific explanation of the error. W-2 forms in order to combine the city, state and federal reporting in one operation are permitted to do so, providing one copy is NOTE: Overpayments of withholding will not be credited toward submitted to the City of Detroit by the employer. tax due in future years. Employers may file W-2 forms via CD-ROM in lieu of paper Registration, Changes to Account, and Sale W-2s. Information and specifications for filing via CD-ROM are or Discontinuance available on the Michigan Department of Treasury’s Web site at michigan.gov/taxes; see the Transmittal for Magnetic Media Registration: Taxpayers must first be registered for State of Reporting of W-2, W-2G & 1099s (Form 447). Michigan withholding taxes before filing a City of Detroit Income Tax Withholding Annual Reconciliation (Form 5321). Some computer software programs allow the electronic filing of If the taxpayer does not have a Federal Employer Identification W-2 data in the Social Security Administrations EFW2 format, Number (FEIN), the taxpayer must obtain an FEIN before when Form 5321 is e-filed. Check with your software provider for filing a City of Detroit income tax withholding return. Visit more details. www.michigan.gov/businesstaxes for information on obtaining an FEIN and to register a new business (located under “New Forms, Instructions and Information Business Registration”). Returns received without a registered Income tax forms, instructions and additional information are account number will not be processed until such time as a number available on the Treasury Web site at www.michigan.gov/citytax. is provided. Additional information is available at 517-636-5829. Assistance Changes to Account: Changes to your account such as address is available using TTY through the Michigan Relay Service by and adding City of Detroit corporate income tax or City of Detroit calling 711. income tax withholding (if already registered with Treasury) can be made by completing the City of Detroit Notice of Change Self-Service Options. Visit our secure Web site at www. (Form 5439). michigan.gov/citytax to check the status of your return. This service is available 24 hours a day, seven days a week. NOTE: Changes requested on Form 5439 will ONLY update your City of Detroit income tax withholding accounts. To • IMPORTANT: To obtain information about your account make changes to State of Michigan Business Taxes please visit using the Internet, you will need the following information from www.michigan.gov/businesstaxes. your City of Detroit return: Sale or Discontinuance: An employer who sells, goes out of ○ Federal Employer Identification Number (FEIN). business or permanently ceases to be an employer must file W-2s ○ City (Detroit). and a Form 5321 by the date the final withholding payment is due. ○ Form number of return filed (Form 5321 or 5323). You must indicate within Form 5321 the Date and Reason Code ○ Tax year of return. for Discontinuance. Do not use Form 5439 to report a sale or ○ Whether the item in question is a monthly/quarterly or discontinuance. annual return. Annual Reports Employers doing business within the city designated on the City of Detroit Income Tax Withholding Annual Reconciliation 3 |
Electronic Funds Transfer (EFT) Debit and Credit Electronic Filing Payments Filing of tax returns electronically is accurate, convenient, and EFT Debit: Your existing Treasury user ID and password can be secure. The City of Detroit Withholding e-file program provides used to access both the online payment process and the existing Michigan taxpayers the opportunity to e-file City of Detroit touch-tone phone system once you have added City of Detroit income tax withholding returns, including amended returns, Withholding Tax. If you do not have a user ID and password and/ that were prepared using a computer software program. Some or have not added City of Detroit Withholding Tax, you must programs also allow taxpayers to make an electronic payment via complete and submit the City of Detroit Electronic Funds Transfer EFT Debit when e-filing. If an error occurs on a return, the e-file (EFT) Debit Application, Account Update (Form 5473). (See software sends an error message and allows the tax preparer to www.michigan.gov/citytax for more information.) If submitting immediately correct the mistake before the return is transmitted. payment using a software program, Form 5473 is not required. There is no e-file mandate for City of Detroit income tax withholding returns. However, e-file returns have less chance of EFT Credit: Follow instructions on the Instructions for Payments error and are processed faster than paper returns. When e-filing, of Michigan Sales, Use, Withholding, and Other Michigan do not mail a paper copy of your return, unless requested by Business Taxes Using Electronic Funds Transfer (EFT) Credit Treasury to do so. Visit www.MIfastfile.org for more information (Form 2329) to submit an EFT Credit payment. on Treasury’s E-file Programs. 4 |