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FAQ
State Real Estate Transfer Tax
Bankruptcy & Receiverships
Would transfer fees be owed by any of the participants in the transfer of real estate out of Chapter 11 bankruptcy proceedings if the transfer took place before the plan confirmation?
Is a court-ordered sale of property by a bankruptcy judge for a specified amount taxable?
Is a conveyance by a receiver, administrator or trustee, whether special or general, in a bankruptcy or insolvency proceeding exempt from the SRETT?
Is a conveyance to a receiver, administrator or trustee, whether special or general, in a bankruptcy or insolvency proceeding, exempt from the SRETT?
When a trustee in U.S. Bankruptcy Court sells real property in the performance of their duties, does exemption (h)(i) apply?
Consideration
Exemption (a) exempts "a written instrument in which the value of the consideration for the property is less than $100."
A deed is received by a register of deeds with a consideration and also exemption citations on it. If the consideration is on the deed, does the seller have to pay the revenue stamps?
Deeds
A person owns a lot and wants to begin construction of a home. The builder requires the lot to be put in the building company's name (quit claim deed).
When is a transfer of property deemed to have taken place?
Are the SRETT exemption affidavit and a copy of the sales agreement still required to claim an exemption under MCL 207.526(s) of the SRETT?
When real estate is being conveyed subject to an existing mortgage, what do we use as the value?
Easements
Is the grant of an easement for consideration over $100 subject to SRETT?
Eminent Domain
A public authority, having power of eminent domain (condemnation), adopts a resolution of necessity for a public improvement.
Estates
The personal representative of an estate transfers title of real property, without consideration, to a person as a beneficiary or distributee under the will of the decedent (testate), or under the laws of decedent and distribution (intestate).
Property from the estate of a decedent is willed to a son who waives his rights to the property. A grandson then contracts to buy the property from the estate. Is the transfer taxable?
In a probate estate under independent probate, the sole heir will receive (without consideration) a deed from the personal representative as there is no provision for an order assigning residue. Does this transfer qualify as exempt?
The personal representative of the estate of a decedent sells real property to a son or daughter of the decedent. Is this transfer exempt?
Taxpayer sets up a living (grantor) trust. When the grantor dies, the property passes to the beneficiaries of the trust. Is this transfer exempt?
In a probate estate, two heirs are agreeing to an unequal assignment of the real estate.
In a probate estate where the real estate is assigned to the heirs by court order, is a transfer affidavit required?
Familial Transfers
Is a transfer from a grantor to his or her child (including stepchild or adopted child) and the child's spouse exempt under MCL 207.526(j) of the SRETT?
Is a transfer from a person to his or her son-in-law or daughter-in-law alone (i.e., not to his or her son or daughter) entitled to an exemption under MCL 207.526(j) of the SRETT?
Is a transfer from a son or daughter to his or her parent or parents entitled to an exemption under MCL 207.526(j) of the SRETT?
Government Agencies & Organizations
Are conveyances by the state exempt from tax under MCL 207.526(h)(i)?
Are conveyances by a city, village, township or county exempt from tax under MCL 207.526(h)(i)?
Are transfers by a community foundation exempt under MCL 207.526(h)(i)?
Are conveyances by publicly supported state colleges, universities, or community or junior colleges exempt under MCL 207.526 (h)(i)?
Are conveyances by private colleges, universities or institutions of higher learning exempt under MCL 207.526(h)(i)?
Are conveyances by a public school, public charter school or university school exempt from tax under MCL 207.526(h)(i)?
Are conveyances by private schools exempt under MCL 207.526(h)(i)?
Are conveyances by parochial or religious schools exempt under MCL 207.526(h)(i)?
Homestead Property
Is a transfer of homestead property for which a homestead exemption is claimed under the School Code of 1976 or the State Education Tax Act exempt under MCL 207.526(u) of the SRETT Act?
Indian Reservations
Are transfers made by a federally recognized "Indian" community, or an enrolled member of such a community, of lands or interest in lands under the jurisdiction or trusteeship of the Bureau of Indian Affairs, exempt from tax?
Judgments
If a court orders, grants or assigns a party to a divorce title to marital property and orders that person to pay his or her ex-spouse a specific price for the ex-spouse's interest in the property, is the transfer subject to the SRETT?
Is a sheriff's deed given according to a sale on a writ of execution to satisfy a judgment exempt from SRETT under MCL 207.526(h)(i)?
Joint Tenancies
A person creates a joint tenancy with her two daughters. Upon the person's death, the two daughters, as survivors, continue as joint tenants.
How may tenancies in common and joint tenancies be distinguished from each other for the purpose of an exemption under MCL 207.526(r) of the SRETT?
Land Contracts
On a pre-95 land contract: The original purchaser "assigns interest" to another buyer in 1995. Is this a taxable transaction?
Does MCL 207.526(o) exempt the payment of the SRETT for a sale on a land contract?
If the tax is paid early, before the completion of a land contract, can a refund be requested?
Is the sale of development rights to a township under a development rights installment purchase contract and deed of conservation easement subject to the SRETT?
A sales agreement originally dated July 1994 has been extended several times, but the sales price remained fixed. An extension was done in 1995.Is this sale exempt from the SRETT?
When a purchaser defaults on a land contract, the original seller may go to court to foreclose on the land contract.
Mortgages
Is the grant or assignment of a mortgagee's interest exempt from SRETT under MCL 207.526(d)?
Is a transfer by sheriff's deed or county clerk's deed given in foreclosure of a mortgage exempt from the SRETT?
Non Profit Organizations
Certain lands owned by nonprofit charitable institutions are exempt from real property taxes under MCL 211.7(o) of the General Property Tax Act. Are conveyances to such organizations exempt from the SRETT by virtue of the character of such organizations?
Are conveyances by such organizations exempt from the SRETT by virtue of the character of such organizations?
Certain lands of nonprofit theater, library, education or scientific institutions are exempt from real property taxes under MCL 211.7(n) of the General Property Tax Act.
Are conveyances by such organizations exempt from the SRETT by virtue of the nature of such organizations?
Houses of worship, parsonages, and certain buildings or facilities owned or used by religious societies are exempt from real property taxes under MCL 211.7(s). Are conveyances to such religious societies exempt from the SRETT?
Are conveyances by such religious societies exempt from the SRETT by virtue of the character of such organizations?
Options
Is an option agreement considered a bona fide sales agreement for the purposes of a claim of exemption under MCL 207.526(s) of the SRETT?
Partitions
If tenants in common or joint tenants partition a parcel, i.e., split a parcel into pieces, one owned by each, is the transfer of title taxable?
If two parties exchange or trade title to lands or interests in lands, is the transfer taxable?
Partnerships
Will the transfer of property from a partnership to a limited liability company be taxable under the SRETT? The existing partners in the partnership will also be the members of the limited liability company.
Refund of Tax
Can a refund of taxes erroneously paid be requested by the purchaser of a property?
Tax Returns
Are SRETT returns or copies of the returns received by the Department of Treasury covered by the confidentiality provisions of the Revenue Act MCL 205.28 (1)(f)?
Tenancies by the Entireties
If a husband and wife convey property to the wife's mother for life and the remainder to the wife and the wife's sister, how is the transaction taxed?
Would MCL 207.526(j) apply in the case of a son or daughter purchasing real property from the estate of his or her deceased parent?
Trusts
A person created an inter vivos revocable trust with himself or herself as the life beneficiary. Upon the person's death, the trustee conveyed the real property to the named beneficiaries for no consideration. Is this conveyance exempt from the SRETT?
What is the taxability of an irrevocable qualified personal residence trust where the grantor and his or her spouse retain a term of years before the children or other beneficiaries obtain any interest in the residence?
Would there be a SRETT assessed on the "sale" of a property from the when the purchaser is the income beneficiary?
Valuation
Warranty deeds transferring property in various subdivisions show a selling price less a membership certificate to arrive at the price of a lot. On what amount would the SRETT be charged?