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Form 4797 Lansing Michigan: What You Should Know

Michigan Income Tax Law and may not comply with the actual law. The Michigan Income Tax Law states that if you purchase or exchange real property for another building that does not have a dwelling on it, you must deduct any fair market value difference. See Michigan Income Tax Law, Section 2706(1). The fair market value is determined by using a comparable transaction. If you purchase a dwelling after buying a property, and convert that dwelling into an income-producing property, you will treat the purchase as follows: If you have a gain from the disposition of the property at sale, the entire gain will be deducted from your adjusted gross income. If you do not have a gain (but do have a deduction) from the disposition of the property, you may not deduct any of that gain at all. A deduction for the gain is also allowed if you sold the property for a gain equal to the fair market value of the property acquired at the expense of the deduction allowed under this section. However, if you sell the property for a gain equal to the fair market value of the property acquired at the expense of the deduction allowed under this section, the gain is deducted by the seller as part of the price of the property and your adjusted gross income is prorated between adjusted gross income for each taxable year in which the capital gain applies to you. The amount of the deduction, if any, is prorated among the taxable years for which that amount is allocable. For more information on determining the fair rate of capital gain (FR CGA section 40.2) on an election to purchase a non-exempt property, see this page. You may have to file an additional return if you bought a property that later became a dwelling. See section 280E of the Michigan Income Tax Law. Sales of property held for a period ending in the same taxable year in which you disposed. If property you sold was acquired in any year by you from a person, partnership or corporation (including a trust), and you disposed of that property only in the same taxable year, you may have to file Form 4797 (Form 4797) to claim any gain. Taxes paid, or amounts withheld, from the sale of property do not add to your adjusted gross income if you are classified for federal income tax purposes as a married couple filing a joint return, or a single individual filing jointly.

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