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OpenAccountants/Michigan/MI Detroit Individual Return

MI Detroit Individual Return

Detroit (Michigan) city individual income tax for residents, non-residents who work in Detroit, or part-year residents.

Applicable period 2025Built by Michael Cutajar and the OpenAccountants team· Last updated May 28, 2026

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Built by Michael Cutajar and the OpenAccountants team. Written from the official sources it cites.

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Key figures — Michigan, 2025

Every figure is drawn from this Guide and cited to its source.

Detroit special rate authority

Detroit is the only Michigan city with a 2.4%/1.2% rate. The Uniform City Income Tax Act caps non-Detroit cities at 1.0% resident / 0.5% non-resident; Detroit has special statutory authority for the higher rate under MCL 141.503(3).MCL 141.503(3)

Domicile definition

A taxpayer is a Detroit resident for the tax year if their **domicile** — their fixed, permanent, principal home — is within the boundaries of the City of Detroit during the year.MCL 141.604

ZIP code not dispositive; verify boundary

A "Detroit ZIP code" is not dispositive — many suburbs (Highland Park, Hamtramck, Grosse Pointe, Dearborn, Ferndale) share parts of 482xx ZIP codes but are independent municipalities. **Always verify the street address against the City of Detroit boundary using the City Assessor's property search before declaring residency.** Highland Park and Hamtramck are physically enclosed by Detroit but are separate cities with their own income taxes (Highland Park 2.0%/1.0%; Hamtramck 1.0%/0.5%).City of Detroit Assessor's property search

Part-year filing requirement

If the taxpayer moved into or out of Detroit during the year, Form 5120 is required. The taxpayer apportions income between the resident period (taxed at 2.4%) and the non-resident period (Detroit-source only, taxed at 1.2%).Form 5120

Pattern A rules

- Taxes all income wherever earned at 2.4%. - Reports federal AGI starting point (Form 1040, Line 11). - Applies Detroit additions / subtractions on the front of Form 5118. - Claims personal exemptions ($600 × dependents). - Receives credit for tax paid to **another** Michigan city on non-Detroit-source wages (e.g., resident who works in Grand Rapids) — Form 5118 credit line — limited to lower of the other city's tax or Detroit's tax on the same income. - Files Form 5121 if there was any city withholding from W-2s.Form 5118

Pattern B rules

- Taxes only Detroit-source income at 1.2%. - Detroit-source income for non-residents (MCL 141.613) is limited to: 1. **Compensation** for work physically performed in Detroit (apportioned by days worked in Detroit / total work days); 2. **Net profit** from a business / profession carried on in Detroit, to the extent of the in-city business allocation percentage (Form 5327); 3. **Capital gains** and **rental income** from real or tangible personal property located in Detroit; 4. **Distributive share** of partnership / S-corp net profit attributable to Detroit business activity (see Section 7). - A non-resident generally does **not** owe Detroit tax on interest, dividends, pension, IRA distributions, Social Security, unemployment, or capital gains on intangibles — these are taxed only to Detroit residents.MCL 141.613

Pattern C rules

- The year is split at the date of move. The taxpayer files a single Form 5120 combining: - The resident period: tax all income earned during that period at 2.4%; - The non-resident period: tax only Detroit-source income earned during that period at 1.2%. - Income is allocated by actual date received (cash basis) or by reasonable proration where the income is not date-identifiable (e.g., bonus tied to full year — typically prorated by days).Form 5120

Days-worked apportionment formula

Detroit uses a strict **days-worked-in-Detroit / total-work-days** ratio for non-resident wages. The formula appears on Form 5121 Part 3: ``` Detroit-source wages = Total wages × (Days actually worked in Detroit ÷ Total days actually worked) ``` Total work days = total compensated days minus vacation, holiday, sick, and paid leave days. The standard year is approximately 240–260 work days depending on the employer's calendar.Form 5121 Part 3

Treasury telecommuting position

This is the live audit issue for tax years 2020 onward. **Michigan Treasury's official position** (per the FAQ at michigan.gov/taxes covid19-tele, and the EY Tax News 2023-0758 summary): > A non-resident employee who telecommutes from a location **outside** Detroit does **not** owe Detroit tax on compensation for days worked from that outside location, even if the employer is based in Detroit. This means the standard apportionment is honored: a non-resident who spent 60 days physically in the Detroit office and 180 days working from their home in Royal Oak in 2025 would apportion 60/240 = 25% of their salary to Detroit. **However**, Detroit does **not** apply the "convenience of the employer" rule used by New York and Pennsylvania. The work-from-home days for the employer's convenience are still treated as days outside Detroit. The corollary the Treasury emphasizes (Regulation 13.2 of the legacy Detroit Income Tax Ordinance, carried forward): **"The mere fact that a non-resident employee takes work home with them and performs such work at their home does not permit allocation of compensation."** This applies to **occasional** off-hours work at home — a non-resident who normally works in the Detroit office and answers email evenings/weekends from home in the suburbs cannot claim those off-hours as "days outside Detroit." The allocation requires that the home location be the **regular, scheduled** work location for entire workdays.Michigan Treasury COVID-19 telecommuting FAQ; Regulation 13.2, legacy Detroit Income Tax Ordinance

Default to 100% without documentation

Without contemporaneous documentation, Treasury defaults to **100% Detroit-source** apportionment for any W-2 showing Detroit withholding. This is a frequent audit adjustment.Treasury audit guidance

Origin-based sourcing rule

In *Honigman Miller Schwartz and Cohn LLP v. City of Detroit*, 505 Mich 284 (2020), the Michigan Supreme Court adopted an **origin-based sourcing rule** under MCL 141.623 for the sales factor used in business apportionment. The Court held that services rendered by attorneys physically working in the Detroit office were Detroit sales **regardless of where the client was located**. **Implication for self-employed non-residents:** if a non-resident sole proprietor performs services at a Detroit work location (e.g., a freelance software developer who commutes into a Detroit co-working space or client site), the income attributable to that physical work in Detroit is Detroit-source — even if the client is in California. This origin-based sourcing is the city analog of the more familiar "where the service is performed" rule. Conversely, a non-resident who performs all work remotely from their home outside Detroit, billing Detroit-based clients, has **no Detroit-source income** from those services, because no physical work occurs in Detroit. *Honigman* supports this conclusion by negative implication.Honigman Miller Schwartz and Cohn LLP v City of Detroit, 505 Mich 284 (2020); MCL 141.623

Resident Schedule C treatment

A full-year Detroit resident sole proprietor reports the full federal Schedule C net profit on Form 5118 (after subtracting the ½ SE tax deduction and SE health insurance) at 2.4%. There is no apportionment — residents are taxed on worldwide income.Form 5118

Business allocation formula intro

A non-resident sole proprietor with any Detroit business activity must file **Form 5327 — Business Income Apportionment Schedule**. Form 5327 computes the in-city percentage as the average of three factors (MCL 141.621–141.624):MCL 141.621–141.624

Business allocation percentage formula

``` Business allocation % = (Property% + Payroll% + Sales%) / 3 ``` If a taxpayer has **no payroll** (one-person consultancy) or **no property** (no fixed location), the denominator of the average is reduced to exclude factors with both numerator and denominator zero (a "missing-factor" adjustment, MCL 141.624). For a typical solo freelance software developer with **no employees, no Detroit real estate, and all work done remotely from a home office outside Detroit**, all three factors will be zero in Detroit, and the allocation will be 0%. No Detroit tax is owed on the Schedule C even if some clients are Detroit-based.MCL 141.624

Home office location requirement

The home office must be located **inside Detroit city limits** for any allocation to Detroit to result from home-based work. Verify the address against the Detroit boundary as described in Section 3.Section 3 boundary verification

Credit computation formula

A full-year Detroit resident who earns wages or business income taxed by **another** Michigan city (Grand Rapids, Lansing, Flint, Pontiac, Hamtramck, Highland Park, etc.) receives a non-refundable credit on Form 5118. ``` Credit = lesser of: (a) the other city's tax actually paid on the doubly-taxed income, or (b) Detroit's 2.4% tax on the same doubly-taxed income. ``` This credit prevents double city-level taxation but does not refund any excess. Note: this is **not** a credit for Michigan state tax (no such credit exists at the city level) and not a credit for federal tax.Form 5118

No city-level homestead credit

Detroit does **not** offer a city-level homestead property tax credit on the Detroit return. The Michigan state-level credit is claimed on Form MI-1040CR (the Homestead Property Tax Credit) filed with the Michigan state return, not with Form 5118. Some practitioner guides conflate this — be careful. `[VERIFY:]` Confirm against TY 2025 5313 City Book that no new Detroit-specific homestead credit has been introduced for 2025.Form MI-1040CR

Renaissance Zone abatement

Designated Detroit Renaissance Zones (e.g., portions of Midtown, the Eastern Market area, and several industrial zones — see City of Detroit Planning Department list) qualify residents and businesses located in the Zone for an income tax abatement under MCL 125.2681 et seq. The abatement phases out in the last three years of the Zone's designation. This is taken as a deduction line on Form 5118, not a tax credit.MCL 125.2681 et seq.

Apportionment percentage calc

``` Apportionment % = (0% + 13.9%) / 2 = 6.96% ``` (Payroll factor excluded because both numerator and denominator are zero; the average is taken over the remaining two factors per MCL 141.624.)MCL 141.624

Rendered from the canonical facts model. General reference only — confirm with a qualified professional before acting.

The full Guide

Detroit Individual City Income Tax Skill — Residents, Non-Residents, Part-Year

Scope. This skill covers the Detroit individual city income tax return (Forms 5118 / 5119 / 5120, administered by the Michigan Department of Treasury under the Uniform City Income Tax Act, MCL 141.501–141.787). It covers full-year Detroit residents, non-residents who earn Detroit-source compensation or business income, and part-year residents. Sole proprietors and single-member LLCs disregarded for federal tax are the primary users.

Companion skills.

  • mi-payroll.md covers the employer side (Form 5321 withholding, Form 5469 employer guide, Form 5323). This skill covers the taxpayer side only.
  • mi-income-tax.md covers the Michigan state return (MI-1040). Detroit filings are administered separately and are not integrated with MI-1040, but share the April 15 deadline.

Quality tier. Q3 — AI-drafted from public Michigan Treasury sources on 2026-05-28; not independently verified by a Michigan-licensed practitioner. All outputs require credentialed reviewer sign-off before filing.

Section 1: Metadata

Section 1 metadata table

FieldValue
JurisdictionDetroit, Michigan (US-MI, sub-state)
Tax typeCity individual income tax
Primary formsForm 5118 (Resident) / Form 5119 (Non-Resident) / Form 5120 (Part-Year)
Tax year2025 (returns filed in 2026)
Administering authorityMichigan Department of Treasury — City Tax Administration (since 2015)
Statutory basisUniform City Income Tax Act, MCL 141.501–141.787 (Act 284 of 1964); Detroit Income Tax Ordinance adopted thereunder
Filing deadlineApril 15, 2026
Version0.1
Last updated2026-05-28
Verified bypending
ValidationAI-drafted — Q3

Administrative history

Administrative history table

PeriodAdministrator
Pre-2015City of Detroit — Income Tax Division (Coleman A. Young Municipal Center)
2015 onwardMichigan Department of Treasury, City Tax Administration — under inter-governmental agreement with the City of Detroit per 2014 PA 198–202; state collects, all revenue net of administration retained by the city

The 2014/2015 transition replaced the legacy Form D-1040(R) / D-1040(NR) / D-1040(L) with the current 5118 / 5119 / 5120 series. Some practitioner and software documentation still references "D-1040" — it is the predecessor of Form 5118.

Sources consulted

Sources consulted table

#SourceURL
12025 City of Detroit Individual Income Tax Returns Forms and Instructions (5313 City Book)https://www.michigan.gov/taxes/-/media/Project/Websites/taxes/Forms/City-IIT/TY2025/5313_City-Book.pdf
2Form 5118 (2025) — Detroit Resident Income Tax Returnhttps://www.michigan.gov/taxes/-/media/Project/Websites/taxes/Forms/City-IIT/TY2025/5118.pdf
3Form 5119 (2025) — Detroit Non-Resident Income Tax Returnhttps://www.michigan.gov/taxes/-/media/Project/Websites/taxes/Forms/City-IIT/TY2025/5119.pdf
4Form 5120 (2025) — Detroit Part-Year Resident Income Tax Return — Instructionshttps://www.michigan.gov/taxes/-/media/Project/Websites/taxes/Forms/City-IIT/TY2025/5120-Instr.pdf
5Form 5121 (2025) — City of Detroit Withholding Tax Schedulehttps://www.michigan.gov/taxes/-/media/Project/Websites/taxes/Forms/City-IIT/TY2025/5121.pdf
6Form 5469 (2025) — City of Detroit Income Tax Withholding Guidehttps://www.michigan.gov/taxes/-/media/Project/Websites/taxes/Forms/City-Withholding/TY2025/5469_ty2025.pdf
7Uniform City Income Tax Act (Act 284 of 1964)https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-284-of-1964
8MCL 141.613 — Non-resident income subject to taxhttps://www.legislature.mi.gov/Laws/MCL?objectName=mcl-141-613
9MCL 141.651 — Employer withholdinghttps://www.legislature.mi.gov/Laws/MCL?objectName=mcl-141-651
10Honigman Miller Schwartz and Cohn LLP v City of Detroit, 505 Mich 284 (2020)https://www.courts.michigan.gov/4a4dbc/siteassets/case-documents/opinions-orders/msc-term-opinions-(manually-curated)/19-20/157522.pdf
11Michigan Treasury — Remote work / telecommuting guidance for city income taxhttps://www.michigan.gov/taxes/questions/iit/accordion/covid19-tele/how-will-telecommuting-affect-an-employees-nonresident-city-income-tax-return
12Michigan Treasury — Detroit Individual Income Tax filing landing pagehttps://www.michigan.gov/taxes/citytax/detroit/individual

Section 2: Quick reference — rates, exemption, thresholds

Tax rates (TY 2025)

Tax rates table

Taxpayer statusRateSource
Detroit resident2.4% on all income, wherever earnedMCL 141.611; Detroit Ordinance
Non-resident1.2% on Detroit-source income onlyMCL 141.611; MCL 141.613
Part-year resident2.4% on income earned while resident + 1.2% on Detroit-source income earned while non-residentForm 5120 instructions
  • Detroit special rate authority — Detroit is the only Michigan city with a 2.4%/1.2% rate. The Uniform City Income Tax Act caps non-Detroit cities at 1.0% resident / 0.5% non-resident; Detroit has special statutory authority for the higher rate under MCL 141.503(3). (MCL 141.503(3))

Personal exemption (TY 2025)

Personal exemption table

ItemAmountSource
Personal / dependent exemption$600 eachForm 5118 (2025) line instructions

Detroit's exemption is not indexed and has remained at $600 for many years. It is distinct from the Michigan state personal exemption ($5,800 in 2026) — they are not coordinated.

Filing deadline and extensions

Filing deadline and extensions table

ItemValue
Annual return dueApril 15, 2026 (for TY 2025)
Extension requestForm 5209 (City Application for Extension) — must be filed by April 15 with payment of estimated balance due
Automatic federal extensionDoes not automatically extend the Detroit return — separate Form 5209 required
Electronic filingAvailable via Michigan Treasury Online (MTO) and most major tax software

Estimated tax

Estimated tax table

ItemValue
Threshold to require estimated paymentsExpected city tax liability after withholding ≥ $100
Estimated voucherForm 5123 — City Estimated Individual Income Tax Voucher
Quarterly due datesApril 15, June 15, September 15, January 15
Underpayment penalty formForm 5338 (sometimes referenced as Form 5125 in older releases — [VERIFY:] confirm with Treasury 2025 instructions)

Penalty and interest

Penalty and interest table

ItemRate / Amount
Late filing penalty5% of unpaid tax for first 2 months; +5% per month thereafter, max 25%
Late payment penalty1% per month, max 25%
InterestDaily rate set by Treasury (federal short-term rate +1%, recomputed semi-annually)

Section 3: Detroit residency determination

Detroit residency is determined independently from Michigan state residency. A taxpayer can be a Michigan domiciliary for state purposes but non-resident of Detroit for city purposes (very common — anyone domiciled in the Detroit metro area outside the city limits). The reverse is rare but possible (Detroit resident temporarily absent from Michigan).

Domicile test for Detroit (MCL 141.604)

  • Domicile definition — A taxpayer is a Detroit resident for the tax year if their domicile — their fixed, permanent, principal home — is within the boundaries of the City of Detroit during the year. (MCL 141.604)

Domicile factors table (MCL 141.604)

FactorIndicia of Detroit domicile
Voter registration addressDetroit precinct
Driver license addressDetroit street address
Family home locationHouse/apartment within Detroit city limits
Mail deliveryDetroit address as principal mailing address
Bank account addressDetroit address
Length of physical presenceGreater part of the year within Detroit
Children's school enrollmentDetroit Public Schools Community District
  • ZIP code not dispositive; verify boundary — A "Detroit ZIP code" is not dispositive — many suburbs (Highland Park, Hamtramck, Grosse Pointe, Dearborn, Ferndale) share parts of 482xx ZIP codes but are independent municipalities. Always verify the street address against the City of Detroit boundary using the City Assessor's property search before declaring residency. Highland Park and Hamtramck are physically enclosed by Detroit but are separate cities with their own income taxes (Highland Park 2.0%/1.0%; Hamtramck 1.0%/0.5%). (City of Detroit Assessor's property search)

Part-year residency

  • Part-year filing requirement — If the taxpayer moved into or out of Detroit during the year, Form 5120 is required. The taxpayer apportions income between the resident period (taxed at 2.4%) and the non-resident period (Detroit-source only, taxed at 1.2%). (Form 5120)

Section 4: The three filing patterns

Pattern A — Full-year Detroit resident (Form 5118)

  • Pattern A rules — - Taxes all income wherever earned at 2.4%. - Reports federal AGI starting point (Form 1040, Line 11). - Applies Detroit additions / subtractions on the front of Form 5118. - Claims personal exemptions ($600 × dependents). - Receives credit for tax paid to another Michigan city on non-Detroit-source wages (e.g., resident who works in Grand Rapids) — Form 5118 credit line — limited to lower of the other city's tax or Detroit's tax on the same income. - Files Form 5121 if there was any city withholding from W-2s. (Form 5118)

Pattern B — Non-resident with Detroit-source income (Form 5119)

  • Pattern B rules — - Taxes only Detroit-source income at 1.2%. - Detroit-source income for non-residents (MCL 141.613) is limited to: 1. Compensation for work physically performed in Detroit (apportioned by days worked in Detroit / total work days); 2. Net profit from a business / profession carried on in Detroit, to the extent of the in-city business allocation percentage (Form 5327); 3. Capital gains and rental income from real or tangible personal property located in Detroit; 4. Distributive share of partnership / S-corp net profit attributable to Detroit business activity (see Section 7). - A non-resident generally does not owe Detroit tax on interest, dividends, pension, IRA distributions, Social Security, unemployment, or capital gains on intangibles — these are taxed only to Detroit residents. (MCL 141.613)

Pattern C — Part-year resident (Form 5120)

  • Pattern C rules — - The year is split at the date of move. The taxpayer files a single Form 5120 combining: - The resident period: tax all income earned during that period at 2.4%; - The non-resident period: tax only Detroit-source income earned during that period at 1.2%. - Income is allocated by actual date received (cash basis) or by reasonable proration where the income is not date-identifiable (e.g., bonus tied to full year — typically prorated by days). (Form 5120)

Section 5: Income inclusions and exclusions

Detroit treatment of common income items

Income treatment table

Income typeDetroit resident (2.4%)Detroit non-resident (1.2%)Statutory basis
W-2 wages, salary, bonus, commissionTaxable on all wagesTaxable only on wages for work physically done in Detroit (apportion)MCL 141.612 / 141.613
Self-employment net profit (Schedule C)Taxable on full net profitTaxable on Detroit-apportioned share (Form 5327)MCL 141.613(b)
Partnership K-1 (ordinary business income)Taxable on full distributive shareTaxable on distributive share apportioned to Detroit business activityMCL 141.613(c)
S-corp K-1 (ordinary business income)Taxable if elected to pass through; see Section 9 (S-corp treatment note)Generally not taxable to non-resident shareholder for city income tax purposes — Detroit treats S-corps differently from federal[VERIFY:] Detroit Ordinance §6; Form 5119 instructions
Interest (bank, brokerage)TaxableNot taxableMCL 141.612
DividendsTaxableNot taxableMCL 141.612
Capital gain — intangibles (stocks, mutual funds)TaxableNot taxableMCL 141.613
Capital gain — real property in DetroitTaxableTaxable (Detroit-source)MCL 141.613(d)
Rental income — Detroit propertyTaxableTaxableMCL 141.613(d)
Rental income — non-Detroit propertyTaxableNot taxableMCL 141.613
Pension / annuity (private, state, federal)NOT TAXABLE — Detroit excludes retirement incomeNot taxableDetroit Ordinance — retirement exclusion
IRA distributions (incl. Roth conversions)NOT TAXABLENot taxableDetroit Ordinance — retirement exclusion
401(k) / 403(b) distributionsNOT TAXABLENot taxableDetroit Ordinance — retirement exclusion
Social Security benefitsNOT TAXABLENot taxableDetroit Ordinance
Unemployment compensationNOT TAXABLENot taxableDetroit Ordinance; Form 5118 instructions
Military pay (active duty)NOT TAXABLENot taxableDetroit Ordinance — military exclusion
Worker's comp / disabilityNOT TAXABLENot taxableDetroit Ordinance
State / federal income tax refundsNOT TAXABLE (Detroit does not pick up federal AGI inclusion of state refunds)Not taxableForm 5118 subtraction line
Gambling winningsTaxable on full amountTaxable if won at a Detroit-licensed casino (MotorCity, MGM Grand, Hollywood/Greektown)MCL 141.613(g) [VERIFY]
Alimony received (pre-2019 decrees)TaxableNot taxableConforms to federal AGI definition

Key takeaway: Detroit is more generous than the Michigan state return for retired taxpayers — pensions, IRAs, Social Security, and 401(k) distributions are entirely outside the Detroit base. This means a retired Detroit resident with only investment income and pensions typically owes zero Detroit tax even though they may owe Michigan state tax.

Adjustments / deductions allowed (Form 5118, page 2)

Deductions table

DeductionAllowed?Notes
IRA contribution (above-the-line)Yes, to extent allowed federallyMirrors federal Form 1040 Schedule 1 deduction
Self-employment tax deduction (½ SE tax)YesMirrors federal §164(f)
Self-employed health insuranceYesMirrors federal §162(l)
Self-employed retirement (SEP, Solo 401(k))YesMirrors federal §404 deduction
Alimony paid (pre-2019 decrees)Yes
Moving expensesYes, if moving into Detroit for a new principal job location; tied to historical federal §217 rulesForm 5118 specific deduction line
Renaissance Zone deductionYes, if the taxpayer's residence or business is within a designated Detroit Renaissance ZoneMCL 125.2681 et seq.; Form 5118 specific line

Section 6: Apportionment rules for non-residents

Wage / salary apportionment — the "days worked in Detroit" formula

  • Days-worked apportionment formula — Detroit uses a strict days-worked-in-Detroit / total-work-days ratio for non-resident wages. The formula appears on Form 5121 Part 3: Detroit-source wages = Total wages × (Days actually worked in Detroit ÷ Total days actually worked) Total work days = total compensated days minus vacation, holiday, sick, and paid leave days. The standard year is approximately 240–260 work days depending on the employer's calendar. (Form 5121 Part 3)

Post-COVID remote work treatment

  • Treasury telecommuting position — This is the live audit issue for tax years 2020 onward. Michigan Treasury's official position (per the FAQ at michigan.gov/taxes covid19-tele, and the EY Tax News 2023-0758 summary): > A non-resident employee who telecommutes from a location outside Detroit does not owe Detroit tax on compensation for days worked from that outside location, even if the employer is based in Detroit. This means the standard apportionment is honored: a non-resident who spent 60 days physically in the Detroit office and 180 days working from their home in Royal Oak in 2025 would apportion 60/240 = 25% of their salary to Detroit. However, Detroit does not apply the "convenience of the employer" rule used by New York and Pennsylvania. The work-from-home days for the employer's convenience are still treated as days outside Detroit. The corollary the Treasury emphasizes (Regulation 13.2 of the legacy Detroit Income Tax Ordinance, carried forward): "The mere fact that a non-resident employee takes work home with them and performs such work at their home does not permit allocation of compensation." This applies to occasional off-hours work at home — a non-resident who normally works in the Detroit office and answers email evenings/weekends from home in the suburbs cannot claim those off-hours as "days outside Detroit." The allocation requires that the home location be the regular, scheduled work location for entire workdays. (Michigan Treasury COVID-19 telecommuting FAQ; Regulation 13.2, legacy Detroit Income Tax Ordinance)

Documentation required for non-resident allocation < 100%

Documentation table

DocumentationSource
Employer letter listing actual days in Detroit vs. days at remote locationForm 5119 instructions; Form 5121
Work-log / calendar / timesheet evidenceTreasury audit guidance
W-2 box 20 city code (DET or DETRO) reconciliation to Form 5121Form 5121 Part 3
  • Default to 100% without documentation — Without contemporaneous documentation, Treasury defaults to 100% Detroit-source apportionment for any W-2 showing Detroit withholding. This is a frequent audit adjustment. (Treasury audit guidance)

Honigman v. City of Detroit (Mich. 2020) — sourcing rule for services

  • Origin-based sourcing rule — In Honigman Miller Schwartz and Cohn LLP v. City of Detroit, 505 Mich 284 (2020), the Michigan Supreme Court adopted an origin-based sourcing rule under MCL 141.623 for the sales factor used in business apportionment. The Court held that services rendered by attorneys physically working in the Detroit office were Detroit sales regardless of where the client was located. Implication for self-employed non-residents: if a non-resident sole proprietor performs services at a Detroit work location (e.g., a freelance software developer who commutes into a Detroit co-working space or client site), the income attributable to that physical work in Detroit is Detroit-source — even if the client is in California. This origin-based sourcing is the city analog of the more familiar "where the service is performed" rule. Conversely, a non-resident who performs all work remotely from their home outside Detroit, billing Detroit-based clients, has no Detroit-source income from those services, because no physical work occurs in Detroit. Honigman supports this conclusion by negative implication. (Honigman Miller Schwartz and Cohn LLP v City of Detroit, 505 Mich 284 (2020); MCL 141.623)

Section 7: Self-employed taxpayer treatment

Schedule C net profit — resident

  • Resident Schedule C treatment — A full-year Detroit resident sole proprietor reports the full federal Schedule C net profit on Form 5118 (after subtracting the ½ SE tax deduction and SE health insurance) at 2.4%. There is no apportionment — residents are taxed on worldwide income. (Form 5118)

Schedule C net profit — non-resident: Form 5327 business allocation

  • Business allocation formula intro — A non-resident sole proprietor with any Detroit business activity must file Form 5327 — Business Income Apportionment Schedule. Form 5327 computes the in-city percentage as the average of three factors (MCL 141.621–141.624): (MCL 141.621–141.624)

Business allocation factors table (Form 5327; MCL 141.621–141.624)

FactorNumeratorDenominator
PropertyAvg. cost of real and tangible personal property used in business in DetroitTotal avg. cost of all business property
PayrollTotal compensation paid to employees for work done in DetroitTotal compensation paid to all employees
Sales / receiptsGross revenue from services performed in Detroit (origin-based per Honigman) and from sales delivered to a Detroit destinationTotal gross revenue
  • Business allocation percentage formula — Business allocation % = (Property% + Payroll% + Sales%) / 3 If a taxpayer has no payroll (one-person consultancy) or no property (no fixed location), the denominator of the average is reduced to exclude factors with both numerator and denominator zero (a "missing-factor" adjustment, MCL 141.624). For a typical solo freelance software developer with no employees, no Detroit real estate, and all work done remotely from a home office outside Detroit, all three factors will be zero in Detroit, and the allocation will be 0%. No Detroit tax is owed on the Schedule C even if some clients are Detroit-based. (MCL 141.624)

Home office consideration

  • Home office location requirement — The home office must be located inside Detroit city limits for any allocation to Detroit to result from home-based work. Verify the address against the Detroit boundary as described in Section 3. (Section 3 boundary verification)

Section 8: Credits

Credit for tax paid to another Michigan city (resident only)

  • Credit computation formula — A full-year Detroit resident who earns wages or business income taxed by another Michigan city (Grand Rapids, Lansing, Flint, Pontiac, Hamtramck, Highland Park, etc.) receives a non-refundable credit on Form 5118. Credit = lesser of: (a) the other city's tax actually paid on the doubly-taxed income, or (b) Detroit's 2.4% tax on the same doubly-taxed income. This credit prevents double city-level taxation but does not refund any excess. Note: this is not a credit for Michigan state tax (no such credit exists at the city level) and not a credit for federal tax. (Form 5118)

Detroit homestead property tax credit

  • No city-level homestead credit — Detroit does not offer a city-level homestead property tax credit on the Detroit return. The Michigan state-level credit is claimed on Form MI-1040CR (the Homestead Property Tax Credit) filed with the Michigan state return, not with Form 5118. Some practitioner guides conflate this — be careful. [VERIFY:] Confirm against TY 2025 5313 City Book that no new Detroit-specific homestead credit has been introduced for 2025. (Form MI-1040CR)

Renaissance Zone deduction (effectively a credit)

  • Renaissance Zone abatement — Designated Detroit Renaissance Zones (e.g., portions of Midtown, the Eastern Market area, and several industrial zones — see City of Detroit Planning Department list) qualify residents and businesses located in the Zone for an income tax abatement under MCL 125.2681 et seq. The abatement phases out in the last three years of the Zone's designation. This is taken as a deduction line on Form 5118, not a tax credit. (MCL 125.2681 et seq.)

Section 9: Tier 1 deterministic rules + Tier 2 judgment rules

Tier 1 — deterministic

Tier 1 rules table

Rule IDRuleSource
DET-T1-01Resident rate = 2.4%; Non-resident rate = 1.2% (TY 2025)MCL 141.611; Detroit Ordinance
DET-T1-02Personal exemption = $600 per individual / dependent (TY 2025)Form 5118 (2025)
DET-T1-03Filing deadline = April 15 of the year following the tax yearMCL 141.671
DET-T1-04Resident is taxed on income wherever earned; non-resident is taxed only on Detroit-source incomeMCL 141.612, 141.613
DET-T1-05Social Security, unemployment compensation, military pay, pensions, IRA / 401(k) distributions are excluded from Detroit baseDetroit Ordinance — retirement exclusion
DET-T1-06Non-resident interest, dividends, and intangible-asset capital gains are NOT Detroit-sourceMCL 141.613
DET-T1-07Non-resident wage apportionment uses days-actually-worked-in-Detroit / total-work-daysForm 5121 Part 3; MCL 141.612
DET-T1-08Resident gets credit for tax paid to another Michigan city, capped at Detroit's 2.4% on same incomeForm 5118 credit line; MCL 141.689
DET-T1-09Estimated tax required if expected liability after withholding ≥ $100Form 5123 instructions
DET-T1-10Forms: 5118 (Resident), 5119 (Non-Resident), 5120 (Part-Year). Form 5121 attached if any W-2 city withholding.Treasury 2025 City Book
DET-T1-11Federal extension does NOT extend Detroit return — Form 5209 requiredForm 5209 instructions
DET-T1-12Origin-based sourcing for service revenue under Honigman (2020)505 Mich 284

Tier 2 — requires judgment

Tier 2 rules table

Rule IDRuleGuidance
DET-T2-01Detroit-vs-Michigan domicile — taxpayer can be a Michigan resident and Detroit non-resident, or vice versa. Verify physical address against Detroit boundary (City Assessor parcel map). Highland Park and Hamtramck are NOT Detroit.Use Detroit Open Data parcel viewer to confirm.
DET-T2-02Remote work allocation — non-resident working some days at Detroit office and some days at home in suburbs allocates by actual days. Treasury does NOT apply convenience-of-employer doctrine. Documentation (employer letter, calendar) required to support < 100%.Without docs, audit default is 100% Detroit.
DET-T2-03"Occasional work at home" trap — Regulation 13.2 still bars allocation for incidental off-hours email/calls from home. The home must be the regular full-day work location.Distinguish full-time WFH from "took work home."
DET-T2-04Spouse in different residency status — if one spouse is a Detroit resident and the other is not, they must file Detroit returns separately (Form 5118 for the resident; Form 5119 for the non-resident if they have Detroit-source income). They cannot file a joint Detroit return combining both residencies.Use separate filing statuses on each form.
DET-T2-05Part-year residency split date — use actual move-in / move-out date. Income received before move-in date that was earned during a period of non-residency stays in the non-resident bucket.Cash-basis allocation.
DET-T2-06S-corp distributive share — Detroit treats S-corps as separate taxable entities (NOT flow-through to shareholders for city tax purposes — different from federal). The S-corp pays Detroit corporate income tax on the entity's apportioned income; the resident shareholder is generally not double-taxed on the K-1 ordinary income.This is a significant Detroit-specific deviation from federal pass-through. Flag for reviewer. [VERIFY:] Detroit Ordinance §6 and current treatment.
DET-T2-07Partnership distributive share — Detroit follows the federal flow-through treatment for partnerships. Resident partners include full distributive share; non-resident partners include Detroit-apportioned share via Form 5327 at the partnership level.Different from S-corp treatment.
DET-T2-08Renaissance Zone qualification — depends on physical residence/business location within a designated Zone for the full taxable year and on Zone phase-out schedule.Verify Zone status with Detroit Planning Dept.
DET-T2-09Multi-Michigan-city situation — resident of Detroit working in Grand Rapids: claim credit on Form 5118. Non-resident of Detroit working partly in Detroit and partly in Lansing: file Form 5119 for Detroit days, file Lansing's CF-1040 separately for Lansing days.Separate non-resident returns for each city.
DET-T2-10Estimated tax safe harbors — Detroit has no statutory safe-harbor structure as detailed as the federal §6654; Treasury historically waives penalty if total payments ≥ prior year's liability and ≥ 70% of current year.[VERIFY:] current safe-harbor mechanics from Form 5338 instructions.

Section 10: Worked examples

Example 1 — Detroit resident sole prop with all-Detroit clients

Facts. Maya is a freelance software developer, single, age 34, domiciled year-round in a rented apartment on East Lafayette Street, Detroit (verified within Detroit city limits). She runs a single-member LLC disregarded for federal tax. 2025 federal Schedule C net profit: $110,000. She has no W-2 income. She paid $7,773 of ½ SE tax deduction and $8,400 of self-employed health insurance.

Detroit computation (Form 5118)

LineItemAmount
1Federal AGI (from Form 1040 Line 11)$93,827
Subtractions (none — no pensions, SS, etc.)$0
Additions (none)$0
Detroit AGI$93,827
Less: personal exemption (1 × $600)$(600)
Detroit taxable income$93,227
Detroit tax @ 2.4%$2,237

No credit for tax paid to other city. No Detroit withholding. Full $2,237 owed on Form 5118, due April 15, 2026. Maya should have been making quarterly estimates on Form 5123 because liability exceeded $100.

Example 2 — Detroit resident employee at a Detroit firm

Facts. Marcus, married filing jointly, age 41, domiciled in a single-family home on Conant Street, Detroit. His spouse Tasha is also a Detroit resident. Marcus earns $82,000 W-2 wages from a Detroit-headquartered employer; Detroit withholding (Box 19) of $1,968. Tasha earns $46,000 W-2 from an employer in Warren, MI (no Detroit withholding — Warren has no city income tax). They have two minor children. No other income.

Detroit computation (Form 5118 — joint)

LineItemAmount
1Federal AGI$128,000
Additions / subtractions$0
Detroit AGI$128,000
Less: personal exemptions (4 × $600)$(2,400)
Detroit taxable income$125,600
Detroit tax @ 2.4%$3,014
Less: Detroit withholding (Form 5121)$(1,968)
Balance due$1,046

Because both spouses are Detroit residents, both incomes are taxed at the 2.4% resident rate. Tasha's Warren wages are fully taxable to Detroit because Warren imposes no offsetting city tax (no credit available).

Example 3 — Non-resident sole prop with some Detroit clients (apportionment edge case)

Facts. Priya is a freelance UX designer domiciled in Ferndale, MI (outside Detroit). Single, age 29. 2025 federal Schedule C net profit: $95,000. She works from her Ferndale home office most days, but spent 32 full days physically at a client site in Detroit (an automotive firm in the New Center area), where she conducted user-testing sessions. She has no employees and no business property in Detroit. Total work days for the year: 230.

Apportionment analysis (Form 5327) (Form 5327)

FactorNumeratorDenominatorPercentage
Property$0 (no Detroit business property)~$2,000 (home office equipment, all in Ferndale)0%
Payroll$0 (no employees)$0 (no employees)Excluded (missing factor)
Sales / receipts (services)Services performed in Detroit = revenue earned on the 32 days physically in Detroit (origin-based per Honigman); estimate revenue tied to those 32 days ≈ $95,000 × (32/230) = $13,217$95,00013.9%
  • Apportionment percentage calc — Apportionment % = (0% + 13.9%) / 2 = 6.96% (Payroll factor excluded because both numerator and denominator are zero; the average is taken over the remaining two factors per MCL 141.624.) (MCL 141.624)

Detroit computation (Form 5119)

LineItemAmount
Schedule C net profit$95,000
Less: ½ SE tax deduction$(6,712)
Less: SE health insurance$(6,000)
Net business income$82,288
× Detroit apportionment 6.96%$5,727
Less: personal exemption (1 × $600)$(600)
Detroit taxable income$5,127
Detroit tax @ 1.2%$62

Below the $100 threshold for required estimated payments. Priya should keep contemporaneous records (Detroit client engagement letter, calendar, mileage log, client sign-in records) to support the 32 days during any audit. Without documentation, Treasury may default the apportionment to 100% Detroit-source ($82,288 × 1.2% = $987), a ~$925 adjustment.

Section 11: Refusal catalogue

Refusal catalogue table

IDSituationAction
DET-R-01Multi-state apportionment beyond Michigan (e.g., taxpayer also has income sourced to Ohio, Illinois)Refuse — out of scope; refer to a multi-state practitioner
DET-R-02Ownership of a partnership or S-corp with operations in multiple Michigan cities (Detroit + Grand Rapids + Lansing)Refuse — multi-city apportionment requires entity-level review
DET-R-03Detroit corporate income tax (Form 5297 / 5301) — this skill is individual onlyRefuse — separate skill required
DET-R-04Amended Detroit return (Form 5118-X equivalent)Refuse — out of scope; refer to reviewer
DET-R-05Detroit casino gaming winnings allocation for non-residentsRefuse — narrow specialty; refer to reviewer
DET-R-06Renaissance Zone qualification dispute or Zone phase-out year mechanicsRefuse — refer to Detroit Planning Dept. and reviewer
DET-R-07Estate / trust filing a Detroit return (Form 5462)Refuse — fiduciary filing out of scope
DET-R-08Highland Park, Hamtramck, or other Michigan city return (not Detroit)Refuse — different jurisdiction; use city's own forms
DET-R-09Tax year other than the current TY 2025Refuse — rates and forms may differ; verify against year-specific Treasury instructions
DET-R-10"Convenience of employer" argument by a Detroit employer for an out-of-state remote workerRefuse — not applicable in Michigan; flag as an audit risk if it arises
DET-R-11Detroit residency dispute with the City Assessor / Treasury (boundary question, multiple homes)Refuse — refer to reviewer; gather documentary evidence first
DET-R-12S-corp K-1 with mixed-location business activity owned by Detroit residentRefuse — Detroit's separate-entity treatment of S-corps requires entity-level analysis (see DET-T2-06)

Section 12: Form mapping

Form mapping table

Detroit formWhat it coversFederal / state counterpart
Form 5118Detroit Resident Individual Income Tax ReturnForm 1040 (federal); MI-1040 (state) — neither integrates
Form 5119Detroit Non-Resident Individual Income Tax ReturnN/A — city-only
Form 5120Detroit Part-Year Resident Income Tax ReturnN/A — city-only
Form 5121City of Detroit Withholding Tax Schedule (attached to 5118/5119/5120 when W-2 city withholding shown)Federal Form W-2 box 19/20 reconciliation
Form 5123City Estimated Individual Income Tax Voucher (quarterly)Federal 1040-ES; MI-1040ES
Form 5209City Application for Extension of Time to FileFederal Form 4868 (does NOT extend Detroit)
Form 5327Business Income Apportionment Schedule (for non-resident Schedule C / partnership income)N/A — city-only
Form 5338Underpayment of Estimated Tax Penalty ComputationFederal Form 2210; MI Form MI-2210
Form 5469City of Detroit Income Tax Withholding Guide (employer reference; see mi-payroll.md)IRS Publication 15 (Circular E)
Form 5462City Income Tax Return for Estates and Trusts (out of scope for this skill)Federal Form 1041

Section 13: Provenance and self-checks

Provenance

  • All rates, exemption amounts, and form names sourced from the Michigan Department of Treasury 2025 City of Detroit Individual Income Tax Returns Forms and Instructions (Form 5313 City Book).
  • Statutory citations to the Uniform City Income Tax Act (MCL 141.501–141.787) and Detroit-specific provisions of that Act.
  • Case law citation to Honigman Miller Schwartz and Cohn LLP v. City of Detroit, 505 Mich 284 (2020).
  • Treasury policy on remote-work apportionment sourced from the official Treasury FAQ (michigan.gov/taxes COVID-19 telecommuting accordion) and cross-checked against EY Tax News 2023-0758 secondary summary.

Self-checks before completing a Detroit return

  1. Verify residency by physical street address against Detroit boundary — not by ZIP code, not by "metro Detroit."
  2. Confirm form choice: 5118 (resident) / 5119 (non-resident) / 5120 (part-year) matches actual residency history.
  3. If W-2 shows Box 19 Detroit withholding, attach Form 5121.
  4. If non-resident allocating < 100% Detroit, confirm employer letter and day-by-day documentation are in client file.
  5. If self-employed non-resident, confirm Form 5327 factors are computed and supported.
  6. Confirm Detroit subtractions for pensions, IRA, Social Security, unemployment, military pay where applicable.
  7. Confirm personal exemption ($600 × dependent count) is claimed.
  8. Confirm no double-counting against MI-1040 (Detroit return is independent — does not flow to or from MI-1040).
  9. Confirm federal extension was not relied on for Detroit deadline — if extension needed, Form 5209 must be on file.
  10. Confirm quarterly estimated payments were made if prior year liability exceeded $100.

Known uncertainties — [VERIFY:]

  • Exact underpayment penalty form number for TY 2025 (5125 vs 5338) — confirm against current Treasury form catalogue.
  • S-corp shareholder treatment for Detroit resident — Detroit Ordinance §6 historically treated S-corps as separate taxable entities, but practice may have evolved; confirm before relying on DET-T2-06.
  • Whether the Detroit homestead-credit equivalent exists at the city level for TY 2025 — confirmed absent in older years but [VERIFY:] against current City Book.
  • Treatment of gambling winnings from Detroit casinos for non-residents — confirm against MCL 141.613(g) and current Treasury policy.
  • Detroit estimated-tax safe-harbor structure (prior-year vs current-year) — confirm against Form 5338 instructions for TY 2025.

Disclaimer

This skill and its outputs are provided for informational and computational purposes only and do not constitute tax, legal, or financial advice. Open Accountants and its contributors accept no liability for any errors, omissions, or outcomes arising from the use of this skill. All outputs must be reviewed and signed off by a qualified professional before filing or acting upon.

The most up-to-date, verified version of this skill is maintained at openaccountants.com.

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