The Michigan Department of Treasury 2796 form is a crucial document for anyone looking to request a refund of the State Real Estate Transfer Tax (SRETT) they've paid. This application comes into play when a property seller discovers that their property sale qualifies for a tax exemption under specific conditions outlined by Michigan law. By meticulously filling out this form and providing the necessary documentary evidence, sellers can reclaim funds rightfully theirs, making it an essential step for eligible individuals.
To make this process as smooth as possible, ensure you've carefully reviewed the eligibility criteria and gathered all required documentation. Take the first step towards reclaiming what's yours by clicking the button below to fill out your Michigan 2796 form.
The Michigan Department of Treasury's Application for State Real Estate Transfer Tax (SRETT) Refund, as delineated by Form 2796, represents a critical procedural document for individuals or entities seeking reimbursement of SRETT paid upon the transfer of property, under specific qualifying conditions. Issued under the authority of Public Act 330 of 1993, this form is instrumental in facilitating refunds when a property sale or transfer qualifies for exemption according to the criterion set forth in MCL 207.526. Applicants are required to submit this form, accompanied by necessary documentary proof, within a specified timeline of four years and fifteen days from the transaction date to validate their claim. Besides providing a structured breakdown for identification details and the basis for exemption claim, the form mandates the attachment of supporting documents like the recorded deed, tax statements, and evidence of the SRETT paid, among others. Notably, it addresses a gamut of exemptions that cater to various scenarios, from transactions involving minimal consideration to transfers affected by foreclosure. The process underscored by the form and its comprehensive documentation requirement demonstrates Michigan’s commitment to ensuring equity and legal compliance in real estate transactions, while offering a recourse for refund claims under stipulated exemptions.
Michigan Department of Treasury 2796 (Rev. 08-12)
Application for State Real Estate Transfer Tax (SRETT) Refund
Issued under authority of Public Act 330 of 1993.
When a Seller of property pays the SRETT to a County Treasurer, and later determines that the sale (transfer) of the property qualiies
for exemption under MCL 207.526 (see Page 2), the Seller(s) may request a refund of the SRETT paid to a County Treasurer from the
Michigan Department of Treasury by iling this form and submitting documentary evidence to support the refund request. This form must be iled within four years and 15 days from the date of sale or transfer of the property.
Type or print in blue or black ink.
PART 1: IDENTIFICATION
Name(s) of ALL Seller(s) - (refund check will be made payable to ALL seller(s) as listed on the recorded deed)
Social Security or Federal ID Number(s) of ALL Seller(s)
Address where refund check is to be mailed
City and State
ZIP Code
Telephone Number
PART 2: BASIS FOR EXEMPTION: (see Page 2 for list of exemptions)
State Exemption Being Claimed Under PA 330 of 1993, as Amended
Amount of SRETT Refund Requested
PART 3: RECORDED DEED
Date of Transfer of Property (MM/DD/YYYY)
Tax Parcel/Sidwell ID Number
Taxing Entity (City, Township, Village)
PART 4: REQUIRED DOCUMENTATION
Attach a copy of the recorded deed, copies of tax statements or other appropriate documentation to support your refund request.
Please note that to qualify for a refund of the SRETT under “u”, (1) the SEV of the property in the year of sale must be equal to or less than the SEV in the year of purchase; (2) the property must qualify for 100% Principal Residence Exemption and, (3) the sales price of
the property cannot exceed the true cash value of the property in the year of sale. (For additional information, please refer to Attorney
General Opinion No. 7214, available at www.michigan.gov/ag). If claiming exemption under “u”, please submit ALL of the following:
1.Proof of date of purchase/SEV in year of purchase
2.Proof of date of sale/SEV in year of sale
3.Proof that property qualiied for the Principal Residence Exemption
4.Proof of SRETT paid to Register of Deeds (copy of recorded deed containing Real Estate Transfer Tax stamp, oficial receipt from county treasurer, or form L-4258, Real Estate Transfer Tax Valuation Afidavit)
5.Proof of sales price of property
PART 5: SELLER’S CERTIFICATION
I declare under penalty of perjury that the information on this form and attachments is true and complete to the best of my knowledge.
Signature(s) of ALL Seller(s)
Date
Questions may be directed to Treasury’s Technical Services Section at 517-636-4230. Assistance is available using TTY through the
Michigan Relay Service by calling 1-800-649-3777 or 711. Please allow 4 – 6 weeks for processing.
MAILING INSTRUCTIONS: Mail this application and copies of supporting documentation to:
Michigan Department of Treasury
Technical Services Section
P.O. Box 30698
Lansing, MI 48909-8198
TREASURY USE ONLY
Reviewed by
Treasury Approval Signature
Printed Name
Title
Amount Approved for Refund
2796, Page 2
Exemptions to State Real Estate Transfer Tax (SRETT)
Under Section 6 of PA 330 of 1993, as amended, you may claim an exemption from the SRETT for one of the reasons listed below. Enter the section number for the exemption you are claiming in Part 2 of form 2796.
(a)A written instrument in which the value of the consideration for the property is less than $100.00.
(b)A written instrument evidencing a contract or transfer that is not to be performed wholly within this state only to the extent the written instrument includes land lying outside of this state.
(c)A written instrument that this state is prohibited from taxing under the United States constitution or federal statutes.
(d)A written instrument given as security or an assignment or discharge of the security interest.
(e)A written instrument evidencing a lease, including an oil and gas lease, or a transfer of a leasehold interest.
(f)A written instrument evidencing an interest that is assessable as personal property.
(g)A written instrument evidencing the transfer of a right and interest for underground gas storage purposes.
(h)Any of the following written instruments:
(i)A written instrument in which the grantor is the United States, this state, a political subdivision or municipality of this state, or an oficer of the United States or of this state, or a political subdivision or municipality of this state, acting in his or her oficial capacity.
(ii)A written instrument given in foreclosure or in lieu of foreclosure of a loan made, guaranteed, or insured by the United States, this state, a political subdivision or municipality of this state, or an oficer of the United States or of this state, or a political subdivision or municipality of this state, acting in his or her oficial capacity.
(iii)A written instrument given to the United States, this state, or 1 of their oficers acting in an oficial capacity as grantee, pursuant to the terms or guarantee or insurance of a loan guaranteed or insured by the grantee.
(i)A conveyance 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.
(j)A conveyance from an individual to that individual’s child, stepchild, or adopted child.
(k)A conveyance from an individual to that individual’s grandchild, step-grandchild, or adopted grandchild.
(l)A judgment or order of a court of record making or ordering a transfer, unless a speciic monetary consideration is speciied or ordered by the court for the transfer.
(m)A written instrument used to straighten boundary lines if no monetary consideration is given.
(n)A written instrument to conirm title already vested in a grantee, including a quitclaim deed to correct a law in title.
(o)A land contract in which the legal title does not pass to the grantee until the total consideration speciied in the contract has been paid.
(p)A conveyance that meets 1 of the following:
(i)A transfer between any corporation and its stockholders or creditors, between any limited liability company and its members or creditors, between any partnership and its partners or creditors, or between a trust and its beneiciaries or creditors when the transfer
is to effectuate a dissolution of the corporation, limited liability company, partnership, or trust and it is necessary to transfer the title of real property from the entity to the stockholders, members, partners, beneiciaries, or creditors.
(ii)A transfer between any limited liability company and its members if the ownership interests in the limited liability company are held by the same persons and in the same proportion as in the limited liability company prior to the transfer.
(iii)A transfer between any partnership and its partners if the ownership interests in the partnership are held by the same persons and in the same proportion as in the partnership prior to the transfer.
(iv)A transfer of a controlling interest in an entity with an interest in real property if the transfer of the real property would qualify for exemption if the transfer had been accomplished by deed to the real property between the persons that were parties to the transfer of the controlling interest.
(v)A transfer in connection with the reorganization of an entity and the beneicial ownership is not changed.
(q)A written instrument evidencing the transfer of mineral rights and interests.
(r)A written instrument creating a joint tenancy between 2 or more persons if at least 1 of the persons already owns the property.
(s)A transfer made pursuant to a bona ide sales agreement made before the date the tax is imposed under sections 3 and 4, if the sales agreement cannot be withdrawn or altered, or contains a ixed price not subject to change or modiication.
(t)A written instrument evidencing a contract or transfer of property to a person suficiently related to the transferor to be considered a single employer with the transferor under section 414(b) or (c) of the internal revenue code of 1986, 26 USC 414.
(u)A written instrument conveying an interest in property for which an exemption is claimed under section 7cc of the general property tax act,
1893 PA 206, MCL 211.7cc, if the state equalized valuation of that property is equal to or lesser than the state equalized valuation on the date of purchase or on the date of acquisition by the seller or transferor for that same interest in property. If after an exemption is claimed under this subsection, the sale or transfer of property is found by the treasurer to be at a value other than the true cash value, then a penalty equal to
20% of the tax shall be assessed in addition to the tax due under this act to the seller or transferor.
(v)A written instrument transferring an interest in property pursuant to a foreclosure of a mortgage including a written instrument given in lieu of foreclosure of a mortgage. This exemption does not apply to a subsequent transfer of the foreclosed property by the entity that foreclosed on the mortgage.
(w)A written instrument conveying an interest from a religious society in property exempt from the collection of taxes under section 7s of the general property tax act, 1893 PA 206, MCL 211.7s, to a religious society if that property continues to be exempt from the collection of taxes under section 7s of the general property tax act, 1893 PA 206, MCL 211.7s.
After completing the sale of a property, you might find that you qualify for an exemption under specific conditions that exempt you from the State Real Estate Transfer Tax (SRETT) in Michigan. If you've realized this after the fact, the Michigan Department of Treasury allows property sellers to request a refund for the SRETT paid. This process involves submitting the 2796 form alongside necessary documentation evidencing your eligibility for the refund. The procedure must be initiated within a specific timeframe post-sale, making timeliness crucial. The steps outlined below are designed to guide you through filling out this form accurately to facilitate a smooth refund process.
Allow 4 – 6 weeks for the processing of your application. During this time, the Michigan Department of Treasury will review your submission for compliance with the exemption criteria. Successful applications will result in a refund of the SRETT paid. If further clarifications or additional documentation is required, the Treasury will reach out to you using the contact information provided on the form. Submitting your application promptly and ensuring all documentation is complete and accurate can expedize the review process.
The Michigan 2796 form is an application for the refund of the State Real Estate Transfer Tax (SRETT) paid to a County Treasurer. Individuals who have sold property and paid the SRETT, but later find that the sale qualifies for an exemption, can use this form to request a refund. The form is issued under the authority of Public Act 330 of 1993.
To qualify for a SRETT refund, the sale of the property must meet certain exemptions listed under MCL 207.526. Key conditions include the property's state equalized valuation (SEV) being equal to or less than the SEV at the time of purchase, the property must have qualified for a 100% Principal Residence Exemption, and the sales price cannot exceed the true cash value of the property in the year of sale. Documentation supporting these conditions must be submitted with the Michigan 2796 form.
Applicants must submit the Michigan 2796 form within four years and 15 days from the date of sale or transfer of the property. This deadline ensures that the request is processed and considered for a refund in a timely manner. It's crucial to gather and submit all required documentation before this deadline to qualify for a refund.
Once you have completed the Michigan 2796 form and collected all required documentation, the entire package should be mailed to the Michigan Department of Treasury, Technical Services Section, P.O. Box 30698, Lansing, MI 48909-8198. Please allow 4 – 6 weeks for processing. If you have questions or need assistance during the process, you can contact Treasury's Technical Services Section at 517-636-4230 or reach out via TTY through the Michigan Relay Service by calling 1-800-649-3777 or 711.
Filling out the Michigan Department of Treasury 2796 form, which is crucial for applying for a State Real Estate Transfer Tax (SRETT) Refund, often comes with its share of challenges. Common mistakes can delay or even derail the refund process. Awareness and attention to detail can significantly improve the chances of a successful submission.
One of the first mistakes many make is incorrectly filling out the personal information in Part 1. This part requires the name(s) of all sellers as listed on the recorded deed, along with their Social Security or Federal ID numbers, and their mailing address. Ensuring accuracy here is critical as this information is used not only for identifying the applicant but also for mailing the refund check. Typos, using nicknames instead of legal names, or leaving out a seller can cause significant delays.
To optimize the chances for a successful SRETT refund application, applicants are encouraged to:
By avoiding these common mistakes, sellers can streamline the refund process, ensuring that their application is processed efficiently and accurately. It's always advisable to consult the instructions or seek assistance if there are any uncertainties during the application process to avoid any of the aforementioned pitfalls.
When dealing with real estate transactions in Michigan, specifically those that might qualify for a State Real Estate Transfer Tax (SRETT) refund as outlined in the Michigan Department of Treasury 2796 form, various forms and documents play crucial roles in supporting or processing the refund request. These materials ensure that applicants submit accurate and complete information required for a successful application. Following is an overview of related forms and documents often utilized alongside the Michigan 2796 form.
These documents collectively support the Michigan 2796 form application, ensuring that the request for an SRETT refund is backed by solid evidence and compliant with Michigan's legal requirements. Careful preparation and submission of these documents can streamline the refund process, helping sellers to reclaim taxes that they are duly entitled to. Individuals are encouraged to consult with professionals or local authorities if they need clarification or assistance in gathering these materials.
The Michigan 2796 form, utilized for requesting a State Real Estate Transfer Tax (SRETT) Refund, shares similarities with multiple other documents in terms of its application process and objectives. These include documents for refund requests or tax exemptions on property transfers and sales.
IRS Form 843: Claim for Refund and Request for Abatement is one example. This form is used to request a refund of certain federal taxes, penalties, fees, or interest. Similar to the Michigan 2796 form, applicants must provide specific details about the tax matter, substantiate their request with documentation, and file within a designated timeframe. The importance of providing adequate supporting evidence and a clear justification for the refund request echoes the process outlined in the Michigan 2796 form, emphasizing the need for a detailed submission to secure a refund or abatement.
The Property Tax Exemption Request Form, often used by non-profit organizations to seek exemption from property taxes, parallels the Michigan 2796 form in its basis for exemption. Applicants must identify the specific exemption clause they believe applies to their situation, provide documentation to support their claim, and adhere to filing deadlines. Both forms necessitate a thorough understanding of the law’s exemptions, as well as meticulous documentation to prove eligibility. Similarly, they both serve the purpose of reducing financial burdens through tax-related benefits, underlining their role in financial management and compliance.
Local Municipality Deed Transfer Tax Forms, required in many jurisdictions for the transfer of property, also share similarities. These forms typically require the recording of a property deed, tax parcel ID, and details about the sale or transfer, much like the Michigan 2796 form. They may also involve submitting proof of eligibility for certain exemptions from the deed transfer tax, necessitating a detailed application process. The focus on documenting the sale or transfer specifics, alongside claiming possible tax relief, reflects the intricate nature of real estate transactions and the associated tax implications.
When completing the Michigan Department of Treasury 2796 form, an Application for State Real Estate Transfer Tax (SRETT) Refund, individuals must adhere to specific guidelines to ensure their application is processed efficiently and accurately. Here are essential do's and don'ts to consider:
Understanding the Michigan Department of Treasury 2796 form, used for applying for a State Real Estate Transfer Tax (SRETT) refund, is crucial for property sellers. However, several misconceptions surround its use and requirements. Let's debunk some of these myths to ensure sellers are well-informed.
In truth, any seller, whether an individual, a corporation, or any other entity listed on the recorded deed, can file this application as long as they meet the qualifications for a refund.
While timeliness is important, sellers actually have four years and 15 days from the date of the sale or transfer to file for a refund. This window allows for ample time to gather necessary documentation and ensure eligibility.
The 2796 form is straightforward and designed to be user-friendly. It requires basic information about the seller, the property, the basis for the exemption being claimed, and accompanying documentation.
Only sales meeting specific criteria outlined under MCL 207.526 qualify for an exemption and potential refund. It's important to review these exemptions closely to determine eligibility.
While consulting with a professional can be helpful, especially in complex situations, many sellers successfully complete and submit the form without legal assistance by carefully following the instructions provided.
The Michigan Department of Treasury permits copies of the recorded deed, tax statements, and other relevant documentation to support your refund request. Original documents are not required.
Filing the form starts the review process, but the refund is subject to approval based on the eligibility of the sale for exemption and the accuracy of the documentation provided.
The SRETT refund application is strictly for properties located within Michigan, given that it's a state-specific tax.
There is no filing fee for the Michigan 2796 form, making it cost-effective for sellers to apply for a potential refund.
After submission, the processing time can take 4 to 6 weeks, as each application is thoroughly reviewed to ensure it meets all required criteria for a refund.
Dispelling these myths is crucial for a proper understanding of the Michigan 2796 form and the SRETT refund process. By equipping yourself with accurate information, you can navigate the process more effectively and maximize your chances of a successful refund application.
When dealing with the Michigan Department of Treasury 2796 form, used for applying for a State Real Estate Transfer Tax (SRETT) Refund, it's important to understand the nuances to ensure proper completion and submission. Below are key takeaways regarding the process:
It's crucial for applicants to carefully review all exemptions listed under Section 6 of PA 330 of 1993, as amended, to accurately identify and claim eligibility for an SRETT refund. Attention to detail and adherence to submission guidelines can facilitate a smoother refund process.
Michigan Secretary of State Affidavit Form - Service fees for the original and graphic amateur radio plates, as noted in the MV-74 form, are modest in comparison to the personalized plate value.
How to Start a 501c3 in Michigan - Aids Michigan entities in securing a treasury-issued letter clarifying their tax compliance, distinct from good standing documents.
Electronic Certificate of Origin - A necessary form in Michigan that solidifies the legitimacy of a product’s origin for trade purposes.