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Real Estate Transfer Tax
MCL
207.505 Sec 5 (County) MCL 207.526 Sec. 6 (State)
A written instrument subject
to the tax imposed by MCL 207.505 Sec. 5 and MCL 207.526 Sec 6 shall state on
its face the TOTAL CONSIDERATION of the real property, or a Real
Estate Transfer Valuation Affidavit disclosing the total consideration
shall be filed at the time the instrument is presented for recording (see
above named acts for details).
No filing fee is charged for filing
the "Real Estate Transfer Valuation Affidavit", but a statement
must be made on the face of the instrument
that a real estate transfer valuation affidavit is being filed.
Transfer tax imposed
by each act shall be collected unless the transfer is exempt from
either or both acts. Any exemptions to the above named acts must be stated
on the face of the instrument presented for recording.
The tax shall be upon
the person who is the seller or the grantor.
In the case of an
exchange of two properties, the deeds transferring title to each are subject
to Michigan Real Estate Transfer Tax, and in each case shall be computed on
the basis of the actual value of the property conveyed.
Documentary stamps
shall be purchased only in the county in which the property is
located.
Conveyances affecting property
situated in more than one county must state the portion of the sale price
attributable to each parcel lying in the separate counties and transfer tax
must be paid to each county for that portion of the sale price.
An instrument of
foreclosure is subject to transfer tax based on the sale price stated on the
face of the instrument.
A conveyance of an
easement or a right of way is subject transfer tax.
RealEstate Transfer Tax
Act # 134 of 1966, as amended.
MCL 207.505
Sec. 5. The following instruments and transfers shall be exempt from this
act:
(a) Instruments where
the value of the consideration is less than $ 100.00.
(b) Instruments
evidencing contracts or transfers which are not to be performed wholly within
this state insofar as such instruments include land lying outside of this
state.
(c) Written
instruments which this state is prohibited from taxing under the constitution
or statutes of the United States.
(d) Instruments or
writings given as security or any assignment or discharge thereof.
(e) Instruments
evidencing leases, including oil and gas leases, or transfers of such
leasehold interests.
(f) Instruments evidencing
any interests which are assessable as personal property.
(g) Instruments
evidencing the transfer of rights and interests for underground gas storage
purposes.
(h) Instruments (i) in which the grantor is the United States, the
state, any political subdivision or municipality thereof, or officer thereof
acting in his official capacity; (ii) given in foreclosure or in lieu
of foreclosure of a loan made, guaranteed or insured by the United States,
the state, any political subdivision or municipality thereof or officer
thereof acting in his official capacity; (iii) given to the United
States, the state, or I of their officers as grantee, pursuant to the terms
or guarantee or insurance of a loan guaranteed or insured by the grantee.
(i)
Conveyances 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.
0) Judgments or orders
of courts of record making or ordering transfers, except where a specific
monetary consideration is specified or ordered by the court therefor.
(k) Instruments used
to straighten boundary lines where no monetary consideration is given.
(l) Instruments to
confirm titles already vested in grantees, such as quitclaim deeds to correct
flaws in titles.
(m) Land contracts
whereby the legal title does not pass to the grantee until the total
consideration specified in the contract has been paid.
(n) Instruments
evidencing the transfer of mineral rights and interests.
(o) Instruments creating
a joint tenancy between 2 or more persons where at least I of the persons
already owned the property.
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