Michigan Property Transfer Tax Relief

Attorney General Mike Cox has issued an opinion which should afford some Michigan home sellers a certain measure of relief in this difficult real estate environment of declining market values.

The Attorney General's opinion deals with an obscure provision in the General Property Tax Act, MCL 207.526(t), which exempts from a seller from paying state transfer tax provided the following requirements are met:

(a) The property must have been occupied as a principal residence, classified as exempt from taxes for school operating purposes under MCL 211.7cc;

(b) The property's SEV for the calendar year in which the transfer is made must be less than or equal to the property's SEV for the calendar year in which the transferor acquired the property; and

(c) The property cannot be transferred for a consideration exceeding its true cash value for the year of transfer.

In his opinion, the Attorney General provides hypothetical examples to help illustrate how the exemption is to be applied under commonly arising factual scenarios. The examples assume that a husband and wife purchased or acquired real property in 2006, occupied the property as their principal residence, and conveyed the parcel to another person in 2008.

EXAMPLE 1:

SEV when acquired in 2006 = $74,000.00.

SEV when transferred in 2008 = $72,000.00.

TCV in 2008 = $144,000.00.

Transfer or sale price in 2008 = $140,000.00.

OUTCOME: This transfer qualifies for exemption from the state real estate transfer tax because the SEV for 2008, the year of sale, is less than the SEV for 2006, the year of acquisition, and the sale price does not exceed the true cash value.

EXAMPLE 2:

SEV when acquired in 2006 = $74,000.00.

SEV when transferred in 2008 = $72,000.00.

TCV in 2008 = $144,000.00.

Transfer or sale price in 2008 = $148,000.00.

OUTCOME: This transfer is not exempt under MCL 207.526(t) because the sale price exceeds the true cash value for 2008, the year of sale.

EXAMPLE 3:

SEV when acquired in 2006 = $74,000.

SEV when sold in 2008 = $75,000.

OUTCOME: This transfer, regardless of the sale price, is not exempt under MCL 207.526(t) because the SEV for 2008, the year of sale, exceeds the SEV for 2006, the year of acquisition.

How much money could this save you? The state transfer tax is $3.75 for each $500.00or fraction of $500.00 of the total value of the interests in real property being transferred. MCL 207.525. (This equates to approximately ¾ of 1% of the value of the property.)