Free Michigan 2766 Template Prepare Document Here

Free Michigan 2766 Template

The Michigan 2766 form, officially known as the Property Transfer Affidavit, is a mandatory document issued by the Michigan Department of Treasury under the authority of Public Act 415 of 1994. It is required to be filed by the new owner of real estate or certain types of personal property transfers with the local assessor within 45 days of the property transfer. The purpose of this form is to ensure that the transfer of ownership is properly recorded and the property's taxable value is correctly adjusted.

To ensure compliance with Michigan law and avoid potential penalties, it's essential to accurately complete and promptly submit the Michigan 2766 form. For more information and assistance in filling out this form, click the button below.

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In the world of real estate transactions within the state of Michigan, the Michigan Department of Treasury L-4260 2766 form, more commonly known as the Property Transfer Affidavit, plays a critical role. Mandated by the Public Act 415 of 1994, its filing is not just a formality but a requirement whenever there's a change in ownership of real estate or certain types of personal property, even when a deed is not recorded. This form, which must be submitted to the local assessor's office within 45 days of the property transfer, serves multiple purposes: it informs the assessor's office of the change in ownership, aids in updating the public record, and impacts the taxable value of the property. The contents of the form are extensive, requiring details about the property's address, the identities of both the seller and the buyer, the purchase price, and other specific transaction details. Additionally, it covers a variety of scenarios including exemptions from certain increases in taxable value that might result from ownership changes under certain conditions, such as transfers between family members or into trusts. There are significant consequences for failing to file this affidavit within the specified timeframe, ranging from additional taxes to penalties. The form, which emphasizes the transparency and accuracy in real estate transaction records, underscores the importance of the document not just for the new owner, but for the local government's assessment and taxation processes, making it indispensable in the conveyance of property in Michigan.

Sample - Michigan 2766 Form

Michigan Department of Treasury

L-4260

2766 (Rev. 01-15)

 

Property Transfer Afidavit

This form is issued under authority of P.A. 415 of 1994. Filing is mandatory.

This form must be iled whenever real estate or some types of personal property are transferred (even if you are not recording a deed). The Afidavit must be iled by the new owner with the assessor for the city or township where the property is located within 45 days of the transfer. The information

on this form is NOT CONFIDENTIAL.

1.

Street Address of Property

 

 

 

 

2. County

 

 

3. Date of Transfer (or land contract signed)

 

 

 

 

 

 

 

 

 

 

 

4.

Location of Real Estate (Check appropriate ield and enter name in the space

below.)

5.

Purchase Price of Real Estate

 

 

City

 

Township

 

Village

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6.

Seller’s (Transferor) Name

 

 

 

 

 

 

 

 

 

 

 

7.

Property Identiication Number (PIN). If you don’t have a PIN, attach legal description.

8.

Buyer’s (Transferee) Name and Mailing Address

PIN. This number ranges from 10 to 25 digits. It usually includes hyphens and sometimes includes

 

 

 

letters. It is on the property tax bill and on the assessment notice.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.

Buyer’s (Transferee) Telephone Number

 

 

 

 

 

 

 

 

 

 

 

Items 10 - 15 are optional. However, by completing them you may avoid further correspondence.

10.Type of Transfer. TRANSFERS include deeds, land contracts, transfers involving trusts or wills, certain long-term leases and interest in a business. See page 2 for list.

 

 

Land Contract

 

 

 

Lease

 

 

 

 

Deed

 

Other (specify) _______________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11. Was property purchased from a inancial institution?

12. Is the transfer between related persons?

 

13. Amount of Down Payment

 

 

Yes

 

No

 

 

Yes

 

 

 

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14. If you inanced the purchase, did you pay market rate

of interest?

 

 

15. Amount Financed (Borrowed)

 

 

Yes

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXEMPTIONS

Certain types of transfers are exempt from uncapping. If you believe this transfer is exempt, indicate below the type of exemption you are claiming. If you claim an exemption, your assessor may request more information to support your claim.

Transfer from one spouse to the other spouse

Change in ownership solely to exclude or include a spouse

Transfer between certain family members *(see page 2)

Transfer of that portion of a property subject to a life lease or life estate (until the life lease or life estate expires)

Transfer to effect the foreclosure or forfeiture of real property

Transfer by redemption from a tax sale

Transfer into a trust where the settlor or the settlor’s spouse conveys property to the trust and is also the sole beneiciary of the trust Transfer resulting from a court order unless the order speciies a monetary payment

Transfer creating or ending a joint tenancy if at least one person is an original owner of the property (or his/her spouse)

Transfer to establish or release a security interest (collateral)

Transfer of real estate through normal public trading of stocks

Transfer between entities under common control or among members of an afiliated group Transfer resulting from transactions that qualify as a tax-free reorganization

Transfer of qualiied agricultural property when the property remains qualiied agricultural property and afidavit has been iled. Transfer of qualiied forest property when the property remains qualiied forest property and afidavit has been iled.

Transfer of land with qualiied conservation easement (land only - not improvements)

Other, specify: __________________________________________________________________________________________________

CERTIFICATION

I certify that the information above is true and complete to the best of my knowledge.

Signature

Date

Name and title, if signer is other than the owner

Daytime Phone Number

E-mail Address

2766, Page 2

Instructions:

This form must be iled when there is a transfer of real property or one of the following types of personal property:

Buildings on leased land.

Leasehold improvements, as deined in MCL Section 211.8(h).

Leasehold estates, as deined in MCL Section 211.8(i) and (j).

Transfer of ownership means the conveyance of title to or a present interest in property, including the beneicial use of the property. For complete descriptions of qualifying transfers, please refer to MCL Section 211.27a(6)(a-j).

Excerpts from Michigan Compiled Laws (MCL), Chapter 211

*Section 211.27a(7)(t): Beginning December 31, 2014, a transfer of residential real property if the transferee is the transferor’s or the transferor’s spouse’s mother, father, brother, sister, son, daughter, adopted son, adopted daughter, grandson, or granddaughter and the residential real property is not used for any commercial purpose following the conveyance. Upon request by the department of treasury or the assessor, the transferee shall furnish proof within 30 days that the transferee meets the requirements of this subparagraph. If a transferee fails to comply with a request by the department of treasury or assessor under this subparagraph, that transferee is subject to a ine of $200.00.

Section 211.27a(10): “... the buyer, grantee, or other transferee of the property shall notify the appropriate assessing ofice in the local unit of government in which the property is located of the transfer of ownership of the property within 45 days of the transfer of ownership, on a form prescribed by the state tax commission that states the parties to the transfer, the date of the transfer, the actual consideration for the transfer, and the property’s parcel identiication number or legal description.”

Section 211.27(5): “Except as otherwise provided in subsection (6), the purchase price paid in a transfer of property

is not the presumptive true cash value of the property transferred. In determining the true cash value of transferred property, an assessing oficer shall assess that property using the same valuation method used to value all other property of that same classiication in the assessing jurisdiction.”

Penalties:

Section 211.27b(1): “If the buyer, grantee, or other transferee in the immediately preceding transfer of ownership of property does not notify the appropriate assessing ofice as required by section 27a(10), the property’s taxable value shall be adjusted under section 27a(3) and all of the following shall be levied:

(a)Any additional taxes that would have been levied if the transfer of ownership had been recorded as required under this act from the date of transfer.

(b)Interest and penalty from the date the tax would have been originally levied.

(c)For property classiied under section 34c as either industrial real property or commercial real property, a penalty in the following amount:

(i)Except as otherwise provided in subparagraph (ii), if the sale price of the property transferred is $100,000,000.00 or less, $20.00 per day for each separate failure beginning after the 45 days have elapsed, up to a maximum of $1,000.00.

(ii)If the sale price of the property transferred is more than $100,000,000.00, $20,000.00 after the 45 days have elapsed.

(d)For real property other than real property classiied under section 34c as industrial real property or commercial real property, a penalty of $5.00 per day for each separate failure beginning after the 45 days have elapsed, up to a maximum of $200.00.

File Details

Fact Name Description
Form Purpose The Michigan Department of Treasury L-4260 2766 form, also known as the Property Transfer Affidavit, is used to report the transfer of real estate or certain types of personal property to the local assessor's office.
Issuing Authority This form is issued under the authority of Public Act 415 of 1994, which mandates its filing for property transfers.
Filing Requirement Filing this affidavit is mandatory and must be done by the new owner of the property within 45 days from the date of the transfer to avoid penalties.
Governing Law The form is governed by several sections of the Michigan Compiled Laws (MCL), specifically Chapter 211, which outlines property tax provisions including the requisites for property transfer disclosures and penalties for non-compliance.
Penalties for Non-Compliance Failure to file the Property Transfer Affidavit within the 45-day time frame can result in additional taxes, interest, penalties, and for certain properties, a specific daily fine until the maximum penalty is reached.

Michigan 2766 - Usage Steps

After acquiring real estate or certain types of personal property, it's crucial to officially document the change of ownership. The Michigan Department of Treasury mandates the filling and submission of the Property Transfer Affidavit, form L-4260 2766, for this purpose. It is to be submitted within 45 days following the property transfer. The form assists in recording the property's change of hands, which can influence property taxes and ownership records. Proper completion ensures transparency and legality in the transfer process. Here are the steps to fill out the form accurately.

  1. Enter the Street Address of the Property being transferred.
  2. Fill in the County where the property is located.
  3. Specify the Date of Transfer, or if a land contract was signed, the date of that signing.
  4. Identify the Location of Real Estate. Check the appropriate field (City, Township, Village) and enter the name in the space provided.
  5. State the Purchase Price of Real Estate.
  6. Provide the Seller’s (Transferor) Name.
  7. Enter the Property Identification Number (PIN). If unavailable, attach a legal description of the property.
  8. Input the Buyer’s (Transferee) Name and Mailing Address.
  9. Add the Buyer’s (Transferee) Telephone Number.
  10. Specify the Type of Transfer by checking the appropriate box (Land Contract, Lease, Deed, Other) and specify if other.
  11. Indicate if the property was purchased from a financial institution by selecting Yes or No.
  12. Answer if the transfer is between related persons by selecting Yes or No.
  13. State the Amount of Down Payment.
  14. Confirm if you financed the purchase at market rate interest, selecting Yes or No.
  15. Provide the Amount Financed (Borrowed).
  16. If applicable, identify any exemptions from uncapping that you are claiming by checking the corresponding boxes or specifying under "Other, specify".
  17. Sign the certification to attest the information provided is true and complete to the best of your knowledge. Include the Date, your Name and Title if you are not the owner, a Daytime Phone Number, and E-mail Address.

After completing the form, it should be submitted to the assessor of the city or township where the property is located. Timely submission avoids potential penalties and ensures the property records accurately reflect the new ownership. Keep a copy for your records and monitor for any follow-up communication from the assessor's office.

Learn More on This Form

What is the Michigan 2766 form?

The Michigan 2766 form, also known as the Property Transfer Affidavit, is a document required by the state anytime real estate or certain types of personal property are transferred. The form must be submitted to the local assessor of the city or township where the property is located within 45 days of the transfer. It serves to inform the assessor of a change in property ownership.

When must the Michigan 2766 form be filed?

This form must be filed within 45 days of the transfer of the property. Failure to submit the form within this period can result in penalties.

Who is required to file the Michigan 2766 form?

The new owner of the property is responsible for filing the Property Transfer Affidavit with the local assessor's office.

What information is needed to complete the form?

  1. Street address of the property
  2. County where the property is located
  3. Date of the transfer
  4. Type of property location (city, township, village)
  5. Purchase price of the real estate
  6. Seller's (Transferor's) name
  7. Property Identification Number (PIN) or legal description if PIN is unavailable
  8. Buyer’s (Transferee's) name and mailing address
  9. Buyer's telephone number
  10. Type of transfer
  11. Additional information regarding the financing and the relationship between the buyer and seller, if applicable.

Are there any exemptions when filing the Michigan 2766 form?

Yes, certain types of property transfers are exempt from uncapping. These exemptions include transfers between spouses, certain family members, to establish or release a security interest, and transfers into a trust where the settlor is the sole beneficiary, among others. The form includes a section to indicate if an exemption is being claimed.

What happens if the form isn't filed within 45 days?

If the form is not filed within the 45-day window, the property’s taxable value may be adjusted, and the owner could face penalties including additional taxes, interest, and a monetary penalty that depends on the value and classification of the property.

Can the Michigan 2766 form be filed electronically?

The specific filing methods can vary by township or city. While some localities may allow for electronic filing, others may require the form to be submitted in person or via mail. It is recommended to check with the local assessor’s office to determine the accepted filing methods.

What happens after filing the Michigan 2766 form?

After the form is submitted, the local assessor will review the information to update the property’s record to reflect the new ownership and assess any changes to the property’s taxable value based on the transfer. The assessor may request additional information if exemptions are claimed.

Common mistakes

When filling out the Michigan 2766 form, also known as the Property Transfer Affidavit, there are a few common mistakes that can lead to delays and potential penalties. It’s important for new property owners to pay close attention to detail and provide accurate and complete information to ensure their paperwork is processed smoothly.

One of the first errors often made is not providing the correct Property Identification Number (PIN). The PIN is a critical piece of information that ranges from 10 to 25 digits and includes hyphens and sometimes letters. It can usually be found on the property tax bill or the assessment notice. Without the correct PIN, the application may be delayed or rejected, as this number ensures that the property is accurately identified within the city or township records.

Another common mistake involves the address section. Applicants sometimes provide incomplete or incorrect addresses for the property. It's crucial to provide the full street address, including any unit or apartment numbers, to ensure there are no confusions regarding the property's location.

  1. Not filing within the 45-day deadline. It’s mandatory to submit this form within 45 days of the property transfer. Failing to do so can lead to penalties.
  2. Incorrectly specifying the type of transfer. The form requires details about the nature of the property transfer, including deeds, land contracts, and transfers involving trusts or wills among others. Accurately identifying the type of transfer ensures the proper handling of the affidavit.
  3. Omitting the purchase price or providing an inaccurate figure. The purchase price must be clearly stated as it may affect tax assessments.
  4. Skipping optional items that could prevent future correspondence. Though items 10 through 15 are marked as optional, completing them can streamline the process and eliminate the need for follow-up from the assessor's office.

In addition to these mistakes, many overlook the importance of exemptions. There are specific types of property transfers that are exempt from certain taxes and uncapping. If applicable, identifying the correct exemption could save significant time and money, but failing to indicate an exemption or choosing the wrong one could lead to unnecessary tax implications.

  • Assuming information is confidential and not verifying it's accurate and complete. All information on the Michigan 2764 form is public, emphasizing the importance of accuracy.
  • Incorrectly believing that they don’t need to file if not recording a deed. This form must be filed whenever real estate or certain types of personal property are transferred, regardless of deed recording.

It’s crucial for property owners to carefully review the entire form before submission, ensuring all information is complete and accurate, to avoid these common mistakes. Double-checking details like the PIN, correctly specifying the type of transfer, and not missing the filing deadline can save a lot of time and potential penalties.

Documents used along the form

When handling the transfer of property in Michigan, particularly with the use of the Michigan Department of Treasury L-4260 2766 form, commonly known as the Property Transfer Affidavit, there are several other documents and forms that are often used alongside it to ensure a smooth and legal transfer process. These documents are crucial for a variety of reasons, including the verification of information, compliance with state law, and the protection of both the buyer and seller's interests.

  • Warranty Deed: A legal document that guarantees the property is free from claims and liens and confirms the seller has the right to sell the property. It is essential for transferring the property's ownership from the seller to the buyer.
  • Quit Claim Deed: Unlike a warranty deed, this document transfers only the interest the seller has in the property, without any guarantees or warranties. It's often used between family members or to clear title issues.
  • Title Insurance Policy: This insurance protects the buyer from potential loss or damage due to defects in the property's title. It's a critical form of financial protection against claims or legal fees that might arise from disputes over property ownership.
  • L-4260A: The "Request for Nonconsideration" form, used in situations where the property transfer should not lead to an increase in the property's taxable value due to certain types of ownership changes, like adding or removing a spouse's name.
  • Seller's Disclosure Statement: A document where the seller provides detailed information about the property's condition, including any known problems or defects. This form is crucial for the buyer's knowledge and protection.
  • Land Contract: Used when the purchase is not financed through a traditional lender but instead paid directly to the seller in installments. This contract outlines the sale terms, including payment schedule, interest rate, and consequences of default.
  • Homestead Exemption Forms: These documents are used to apply for a homestead exemption, which can reduce the property tax burden on a primary residence. Eligibility requirements and benefits vary by location.

In addition to the Michigan 2766 form, these documents play essential roles in property transactions, serving to protect the interests of all parties involved and ensuring compliance with state laws and regulations. Whether you are buying or selling property, understanding and properly utilizing these forms will facilitate a more secure and efficient transfer process.

Similar forms

The Michigan 2766 form, known as the Property Transfer Affidavit, serves a specific purpose in the real estate process, requiring new property owners to declare the transfer to the local assessor. This document shares similarities with other legal forms, each having its core function in the realm of property transfers and real estate documentation.

One document similar to the Michigan 2766 form is the HUD-1 Settlement Statement. Used in real estate transactions involving federally related mortgage loans, the HUD-1 itemizes all charges to the buyer and the seller. Both documents play pivotal roles at different stages of property transactions, providing detailed financial information. Whereas the Michigan 2766 form focuses on the transfer aspect and notification to the local government, the HUD-1 Settlement Statement gives a comprehensive breakdown of costs involved in the closing of a real estate transaction.

Another document that shares similarities with the Michigan 2766 form is the Grant Deed. Like the Property Transfer Affidavit, a Grant Deed is used to transfer property from one party to another. Both documents are essential for the legal transfer of ownership; however, their functions diverge significantly. The Grant Deed acts as a legal document that ensures the property has not been sold to someone else and is clear of liens and encumbrances at the time of sale. In contrast, the Michigan 2766 form is specifically used to notify the local assessor of the change in ownership for assessment purposes, without providing the warranties of a Grant Deed.

In comparison, the Quit Claim Deed also bears resemblances to the Michigan 2766 form in the aspect of property transfer between parties. However, unlike the Michigan 2766 form which is an affidavit filed with the city or township assessor, a Quit Claim Deed is a legal document that transfers the grantor's rights to a property without any warranties or guarantees that the title is clear. This type of deed is often used between family members or to clear a title, highlighting the contrast in protection and assurance between it and the more procedural nature of the Michigan 2766 form.

Dos and Don'ts

Filling out the Michigan 2766 form, known as the Property Transfer Affidavit, is a pivotal step in the property transfer process and requires meticulous attention to detail. Here are some do's and don'ts to guide you through the completion of this form:

Do:

  • Provide accurate information: Ensure that all the information provided on the form, including the street address of the property, the county, and the date of transfer, among other details, is accurate and true to the best of your knowledge.
  • Understand the exemptions: Familiarize yourself with the list of exemptions provided under the "EXEMPTIONS" section. If you believe your property transfer qualifies for an exemption, clearly indicate the type of exemption you are claiming.
  • Meet the deadline: Submit the affidavit to the assessor for the city or township where the property is located within 45 days of the transfer to avoid penalties.
  • Sign and certify: Ensure the form is signed by the new owner, and that the name, title (if applicable), daytime phone number, and email address of the person signing are clearly provided. This is a certification that the information on the form is true and complete to the best of your knowledge.

Don't:

  • Forget the Property Identification Number (PIN): Do not leave the section for the Property Identification Number blank. If you don't have a PIN, attach a legal description of the property instead.
  • Omit optional items if relevant: Items 10 to 15 are optional but completing them can prevent further correspondence and speed up the process. Provide this information if applicable.
  • Assume confidentiality: Be aware that the information you provide on this form is not confidential. Handle personal details with the understanding that they can be accessed as public records.
  • Ignore the potential for penalties: Be fully cognizant of the ramifications of not fulfilling your obligations related to the Property Transfer Affidavit, including additional taxes, interest, penalties, and for specific property classifications, significant fines.

Misconceptions

When dealing with the Michigan 2766 form, also known as the Property Transfer Affidavit, there are a number of misconceptions that people frequently encounter. Here's a closer look at some of the most common misunderstandings and the reality behind them:

  • Confidentiality: Many people assume that the information provided on the Michigan 2766 form is confidential. However, the form explicitly states that the information on it is not confidential. This means that the details you provide can be accessed by the public.

  • Filing Requirement: Some might think filing the form is optional or only necessary under certain conditions. In truth, filing this affidavit is mandatory whenever real estate or some types of personal property are transferred, regardless of whether a deed is being recorded.

  • Filing Deadline: There's a misconception that there's flexibility on the 45-day filing deadline. Actually, the new owner must file the form with the local assessor within 45 days of the transfer to avoid penalties.

  • Types of Transfers Covered: A common misunderstanding is that the form is only for the transfer of residential properties. In reality, the form covers the transfer of real estate and some types of personal property, making its scope much broader than some assume.

  • Purchase Price Disclosure: It's often thought that stating the purchase price on the form automatically sets the property's tax value. The purchase price, while required on the form, is not the presumptive true cash value of the property for tax purposes.

  • Exemptions to Uncapping: There is confusion about transfer exemptions leading to the uncapping of property value for taxation. Several transfers are exempt, such as between certain family members, but the specific conditions and types of transfers that qualify are outlined in detail in the law.

  • Penalty Exceptions: Another misconception is that penalties for late filing are rare or easily waived. However, state law specifies penalties for failing to notify the appropriate assessing office within the 45-day timeframe, including additional taxes, interest, and a daily fine.

  • Scope of Information Required: People often believe that completing items 1-9 on the form is sufficient. While items 10-15 are optional, completing the entire form can provide the assessor with enough information to potentially avoid further correspondence or questions.

  • Property Identification Number (PIN) Necessity: There's a notion that a PIN must be known and provided at the time of filing. If you don't have a PIN, the form allows for the attachment of a legal property description instead, ensuring you can still comply with the filing requirements.

By understanding these aspects of the Michigan 2766 form, property owners and transferees can better navigate the process of transferring property and ensure compliance with state requirements, helping to avoid penalties and delays.

Key takeaways

Understanding the Michigan 2766 form, officially known as the Property Transfer Affidavit, is essential for anyone involved in a property transfer in Michigan. Here are seven key takeaways to help guide you through the process:

  • The Michigan 2766 form must be filed whenever there is a transfer of real estate or certain types of personal property, not just when a deed is recorded. This is crucial for maintaining accurate records with the local assessor.
  • Filing this form is mandatory and must be done within 45 days of the property transfer. Failure to file within this period can result in penalties, including additional taxes, interest, and fines.
  • The form requires detailed information about the property, including the street address, county, date of transfer, and purchase price. It's important to have all relevant documents on hand to ensure accurate reporting.
  • There is a section on the form for identifying the type of transfer, which can include deeds, land contracts, trust transfers, and more. Understanding the nature of your property transfer will help you select the correct option.
  • Certain property transfers are exempt from triggering a reassessment of the property's taxable value. These exemptions include transfers between family members, transfers to trusts where the settlor is the beneficiary, and several others.
  • In case you don't have a Property Identification Number (PIN), you must attach a legal description of the property. The PIN is a crucial identifier for property transactions and tax purposes.
  • The form ends with a certification by the signer that all provided information is true and complete. This underscores the importance of accuracy in filling out the form to avoid legal complications or penalties.

Filing the Michigan 2766 form promptly and accurately is a key responsibility when transferring property. It helps ensure that property records are up-to-date and that both buyers and sellers meet their legal obligations. Understanding the specifics of this form can save you time and help avoid penalties associated with late or incorrect filings.

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