It is imperative that I preface this informative post with the following: Neither Derek Bauer, the Door to Dreams Team or its members, Real Estate One, or Max Broock are providing any legal advice or counsel, as we can not and do not. Please seek any legal advice from licensed, legal professionals. This is purely informative, and currently a hot topic in Michigan real estate for Sellers. In-fact, many recent, current, and future Sellers may not even be aware.
Currently, a Seller pays $3.75 for every $500 increment of sales price to the State of Michigan, and $.55 for every $500 increment of sales price to their respective county.
Below, I am posting exact verbiage taken from the, STATE REAL ESTATE TRANSFER TAX ACT (EXCERPT) Act 300 of 1993. More specifically, MCLA 207.526 - Written instruments and transfers of property exempt from tax.
Of PARTICULAR interest is exemption (t), which is highlighted for your convenience. After reviewing exemption (t), scroll down to the bottom for the remainder of this post (PLEASE NOTE THAT THIS EXEMPTION RECENTLY CHANGED FROM, "T," TO "U," SO BE SURE YOU CITE THE PROPER EXEMPTION WHEN CLAIMING IT!!!!:
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(a) |
A written instrument in which the value of the consideration is less than $100.00. |
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(b) |
A written instrument evidencing a contract or transfer that is not to be performed wholly within this state only to the extent the written instrument includes land lying outside of the state. |
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(c) |
A written instrument that this state is prohibited from taxing under the United States constitution or federal statutes. |
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(d) |
A written instrument given as security or an assignment or discharge of the security interest. |
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(e) |
A written instrument evidencing a lease, including oil and gas lease, or transfer of a leasehold interest. |
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(f) |
A written instrument evidencing an interest that is assessable as personal property. |
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(g) |
A written instrument evidencing the transfer of a right and interest for underground gas storage purposes. |
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(h) |
Any of the following written instruments |
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[i] |
A written instrument in which the grantor is the United States, this state, a political subdivision or municipality of this state, or an officer of the United States, or this state, or a political subdivision or municipality of this state acting in his or her official capacity. |
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[ii] |
A written instrument given in lieu of foreclosure of a loan made, guaranteed or insured by the United States, the state, a political subdivision or municipality of this state, or an officer of the United States, or this state, a political subdivision or municipality of this state acting in his or her official capacity. |
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[iii] |
A written instrument given to the United States, the state, or one of their officers acting in an official capacity as grantee, pursuant to the terms of guarantee or insurance of a loan guaranteed or insured by the grantee. |
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(i) |
A conveyance from a husband or wife or husband and wife creating or disjoining a tenancy by the entireties in the grantors or the grantor and his or her spouse. |
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(j) |
A conveyance from a mother or father to a son or daughter or stepchild or adopted child. |
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(k) |
A conveyance from a grandmother or grandfather to a grandchild or step-grandchild or adopted grandchild. |
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(l) |
A judgment or order of a court of record making or ordering a transfer, unless a specific monetary consideration is specified or ordered by the court for the transfer. |
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(m) |
A written instrument used to straighten boundary lines if no monetary consideration is given. |
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(n) |
A written instrument to confirm title already vested in a grantee, including a quitclaim deed to correct a flaw in title. |
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(o) |
A land contract in which legal title does not pass to the grantee until the total consideration specified in the contract has been paid. |
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(p) |
A written instrument evidencing the transfer of mineral rights and interests. |
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(q) |
A written instrument creating a joint tenancy between two or more persons if at least one of the persons already owns the property. |
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(r) |
A transfer made pursuant to a bona fide sales agreement made before the date the tax is imposed. If the sales agreement cannot be withdrawn or altered, or contains a fixed price not subject to change or modification. However, a sales agreement for residential construction may be adjusted up to 15% to reflect changes in construction specifications. |
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(s) |
A written instrument evidencing a contract or transfer of property to a person sufficiently related to the transferor to be considered a single employer with the transferor under section 414(b) or (c) of the Internal revenue code of 1986, as amended. |
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(t) |
A written instrument conveying an interest in homestead property for which a homestead exemption is claimed under either the school code of 1976, Act No. 451 of the Public Acts of 1976, being sections 380.1 to 380.1852 of the Michigan Compiled Laws or the state education tax act, Act No. 331 of the Public Acts of 1993, being sections 211.901 to 211.906 of the Michigan Compiled Laws. If the state equalized valuation of that homestead property is equal to or lesser than the state equalized valuation on the date of purchase or on the date of acquisition by the seller or the transferor for that same interest in property. If after an exemption is claimed under this sub-section, the sale or transfer of homestead property is found by the treasurer to be at a value other than the true cash value, then a penalty equal to 20% of the tax shall be assessed in addition to the tax due under this act to the seller or transferor. |
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(u) |
A written instrument transferring an interest in property pursuant to a foreclosure of a mortgage including a written instrument given in lieu of foreclosure of a mortgage. This exemption does not apply to a subsequent transfer of the foreclosed property by the entity that foreclosed on the mortgage. |
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If you have sold inside of the last 4 (four) years, paid this tax and now feel it may have been in error, you MAY be entitled to a refund.
If so, feel free to contact me, Derek Bauer, and I will research this for you. We take pride in keeping current with the latest in Michigan Real Estate, and want to inform as many as possible.
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Derek Bauer is an Associate Broker and Realtor® with Real Estate One, Michigan's Largest Real Estate company. Derek is also the lead of the Derek Bauer's, "Door to Dreams Team." As a Certified Distressed Property Expert, Derek is helping homeowners avoid, and even reverse, foreclosure. Learn more at http://DoorToDreams.com. Derek Bauer is licensed in Real Estate in the State of Michigan, is not an attorney, and can not and does not provide legal advice and/or counsel.




