Do you qualify for the Real Estate Transfer Tax Refund?

***See below for some details and examples of how the refund works:

 

State of Michigan Governor Rick Snyder today signed into law legislation that makes permanent the conclusion of the Michigan Supreme Court’s decision discussed below. ***The new law makes the refund available retroactively to homeowner’s that sold a principal residence after June 24, 2011.

 

Eligibility for Exemption:

July of 2015, the Michigan Supreme Court issued an expansive opinion that provides many more Michigan homeowners the right to claim an exemption from the State Real Estate Transfer Tax Act assessment of $7.50 for every $1,000 in value that was sold. In order to claim the exemption, the below conditions must be met at the time of sale:

  1. The property must be claimed as the seller’s principal residence.
  2. The tax assessed value of the property (or, state equalized value “SEV”) must be lower in the year of the sale than the year in which the property was purchased.
  3. The property was sold for a price in which a willing buyer and a willing seller would arrive through arm’s length transactions.

According to the Michigan Department of Treasury Form 2796 (Application for State Real Estate Transfer Tax (SRETT) Refund), transfer tax refunds can be applied for up to four years and 15 days from the date of sale.

The SRETT can be a significant amount of money, and should not be ignored. For example, if the sales price of your house was $200,000, you could be eligible for a $1,500 refund.

 

Legal Updates:

While this exemption has been available in Michigan for a number of years, the Michigan Supreme Court opinion greatly expanded who is eligible for it. In 2008, a Michigan Attorney General opinion said that in order to be eligible for the exemption, the property must also be sold for less than 2 times the SEV value. (And a Michigan Court of Appeals decision from 2014 said that the property must be sold for exactly 2 times SEV.) The Supreme Court of Michigan has now overruled that additional condition, making the exemption available no matter what the sales price (so long as it was a legitimate arms-length transaction).

 

Below are 2 examples to illustrate the change in policy:

Example #1:

SEV at time of purchase in 2006: $60,000

SEV at time of sale in 2015: $50,000

Sales price: $98,000

This transaction would have always been eligible for the exemption according to the 2008 Attorney General opinion, because the SEV at time of sale was lower than the SEV at time of purchase, and the sales price was less than 2xSEV at time of sale.

Example #2:

SEV at time of purchase in 2006: $60,000

SEV at time of sale in 2015: $50,000

Sales price: $110,000

This transaction would not have previously been eligible for the exemption because the sales price was greater than 2x the SEV in the year of sale. But the exemption is now available to sellers in arms-length transactions (Please note: sales at auction, or sales where the purchase price was reduced to avoid the tax, would still not be eligible).

 

**A similar exemption may be available for the County Real Estate Transfer Tax. While Counties may have varying approaches to refunds, it may be worth contacting your County Treasurer to inquire about the process

 

****Please call/text or email me if you think you may qualify and would like additional information including help with the forms the State of Michigan is requiring.  

 

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Mitch Cripe

Mitch Cripe

Previews Property Specialist
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