HOUSE BILL No. 4643

 

 

May 23, 2017, Introduced by Reps. Maturen, Lucido, Iden, Sheppard, Crawford, Hughes, Glenn, Griffin and Hoitenga and referred to the Committee on Tax Policy.

 

     A bill to amend 1993 PA 330, entitled

 

"State real estate transfer tax act,"

 

by amending section 6 (MCL 207.526), as amended by 2015 PA 217.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 6. The following written instruments and transfers of

 

property are exempt from the tax imposed by this act:

 

     (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 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 officer of the United States or of this state, or a

 

political subdivision or municipality of this state, acting in his

 

or her official 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 officer of the United States or of this state, or a

 

political subdivision or municipality of this state, acting in his

 

or her official capacity.

 

     (iii) A written instrument given to the United States, this

 

state, or 1 of their officers acting in an official 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 spouse or married couple 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 specific monetary consideration is

 

specified 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 confirm title already vested in a

 

grantee, including a quitclaim deed to correct a flaw in title.

 

     (o) A land contract in which the legal title does not pass to

 

the grantee until the total consideration specified 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 beneficiaries 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, beneficiaries, 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 beneficial 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 fide 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

 

fixed price not subject to change or modification.

 

     (t) A written instrument evidencing a contract or transfer of

 

property to a person sufficiently 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 later of the

 

first tax day after the issuance of a certificate of occupancy for

 

the residence or the date of acquisition of the property by the

 

seller or transferor for that same interest in property and the

 

transaction was for a price at which a willing buyer and a willing

 

seller would arrive through an arms-length negotiation.

 

Notwithstanding section 22 of 1941 PA 122, MCL 205.22, and section

 

3(4) of this act, if the seller or the buyer who has paid the tax

 

on behalf of the seller believes that the property was eligible for

 

an exemption under this subdivision at the time of transfer, the

 

seller or the buyer who has paid the tax on behalf of the seller

 

may request a refund from the department in a form and manner

 

determined by the department. This subdivision is retroactive and

 

applies to a sale, exchange, assignment, or transfer on or after

 

June 24, 2011.

 

     (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.