Michigan Department of Treasury 2856, Formerly C-4381 (1-00) GUIDELINES For the Michigan Homestead Property Tax Exemption Program These guidelines are compiled questions and answers from the previous four volumes of published questions and answers. It amends outdated information and includes new information. GUIDELINES FOR THE MICHIGAN HOMESTEAD PROPERTY TAX EXEMPTION Filing Deadlines Yes. If you purchase a new home and move into it before the filing deadline you may claim an exemption on the new home before 1. Is there a filing deadline to request a the filing date. Filing an Affidavit for homestead exemption? Homestead Exemption (form 2368) available at the closing or from your local assessor may Homestead exemption affidavits must be qualify new residences. delivered to the local unit of government or postmarked no later than May 1st of the first year of the exemption. 5. I moved to a different home after May 1st. May I claim my new home? 2. What years taxes are affected by the No. Since you did not own and occupy the homestead exemption? home before the filing date, you may not file a claim. However, the previous owner may Homestead exemptions filed by May 1st will have claimed the property and that exemption reduce school taxes beginning with that remains in effect until December 31st. You calendar year. may file a claim for your new home before May 1 of the following year by filing a Homestead Exemption Affidavit (form 2368) 3. If I was eligible for the exemption on May that is available at closing or from your local 1st but did not file timely, may I still file assessor. my claim? Public Act 74 of 1995 provides for an 6. I began construction on a new home in exemption to be filed by mail or in person at January and owned and occupied it as my the July or December Board of Review for principal residence by May 1. May I claim the year of the claim, or the following year’s an exemption for the current year’s taxes? July or December Board of Review. To petition the Board of Review you must Yes. If you own and occupy a dwelling as submit a signed Affidavit for Homestead your principal residence by May 1, you may Exemption (form 2368). A petition to the file a claim for exemption with your local December Board of Review must be made unit of government by May 1. at least five days before the date of the Board of Review. 7. May an assessor deny an erroneous claim for the current year exemption before the Example: A claim for exemption in 2000 may Board of Review meets so the tax bills are be taken to the July or December Board of issued correctly? Review in 2000 or 2001. Yes. The local assessor may deny a claim for exemption for the current year as long as 4. I moved to a different home before the the denial is issued to the taxpayer within May 1st filing deadline. May I claim my the year being denied. Only Michigan new home? Department of Treasury may deny prior years. 8. May a closing agent be held liable by a your permanent home. Your permanent buyer or seller if the buyer isn’t granted a home is the place you intend to return to homestead exemption because the closing whenever you go away. A temporary absence agent did not provide the appropriate from Michigan, such as spending the winter forms at closing or did not submit their in a southern state, does not make you a part- forms timely? year resident. No. Closing agents are required to provide an affidavit and rescind form at closing. 2. What determines principal residence? However, Public Act 415 of 1994 provides that there is no legal course of action against The criteria Treasury uses to determine the closing agent, by the buyer or the seller, principal residence includes such things as: if the agent fails to provide a homestead where you are registered to vote; the address exemption form or fails to file the form with on your driver’s license; where your children the local tax collecting unit when requested attend school; and the address from which to do so by the buyer or seller. you file your income tax returns. 9. What are the qualifications to be able to 3. I own two homes in Michigan. For which appeal under Public Act 415? home do I claim exemption? The sale must have taken place since Claim the exemption for the home you December 31, 1993. The closing statement occupy as your principal residence (see the preparer didn’t properly present the tests in #2). homestead form or file it if requested to do so. The buyers may appeal to Treasury within 30 days of their first notification that 4. I have a home in Michigan and one in an exemption is not posted. another state. May I claim an exemption on my Michigan home? 10. What information must be submitted with You must be a Michigan resident to claim a Public Act 415 appeal? this exemption. You may claim your Michigan home only if you own and occupy A. Copy of warranty deed or land contract it as your principal residence. You may not to show proof of ownership. have more than one principal residence. B. Copy of driver license, voter registration, or other documents to show proof of occupancy. 5. I own property in Michigan, but moved C. Completed Homestead Affidavit. to another state and established residency D. Letter indicating what years you are there. May I still claim my Michigan appealing for. home? No. Only Michigan residents are eligible for Residency this exemption. If you wish to reestablish Michigan residency in order to claim this exemption, you must do so before the filing 1. Who is a Michigan resident? deadline. Reestablishing your residency would include such things as registering to You are a Michigan resident if Michigan is vote in the township or city where your home -2- is located; registering your vehicle in 4. I own my home but rent an apartment Michigan; and getting a Michigan driver’s closer to my work. My apartment address license or a Michigan personal identification is where I’m registered to vote and is the card. As a Michigan resident you may be address on my driver’s license. May I still liable for Michigan income taxes. claim my home? No. Your apartment is considered your 6. I temporarily work and live outside principal residence. Since you vote in the Michigan (e.g. teaching sabbatical, township where the apartment is located and military assignment, etc.), but remain a the apartment is the address on your driver’s Michigan resident and own a home in license. Michigan. May I claim an exemption on my Michigan home? 5. I purchased my principal residence on a Yes, unless you rent the home to another land contract. May I claim the exemption? person. Yes. Complete the affidavit using your name, address, social security number and Ownership signature, not the information of the land contract holder. 1. May renters file for this exemption? 6. I am leasing my home with an option to No. You must own your principal residence buy. May I claim my home? to claim an exemption for it. No. Leasing with an option to buy is considered a rental agreement, so the home 2. My children co-own my home. Do they is ineligible. Once you exercise the option also have to sign the affidavit even though to buy, you may claim an exemption. they don’t live with me? No. Only co-owners who occupy the home 7. I am a senior citizen living in my home. I as their principal residence must be listed on sold my home to my daughter and did not the affidavit and sign it. If your children also keep a life estate, but we have a verbal own and occupy their own home they may agreement that I may remain here until I file a claim for their principal residence, not die or choose to leave. May I claim my yours. home? The law allows the claim to be filed only by 3. My children own my home, but I hold a an owner who occupies the property. You life estate. May I claim the exemption? may claim your home only if you and your daughter sign a written agreement (which Yes. Complete the affidavit using your name, you can write yourselves) by the filing address, social security number and deadline. The agreement must specify that signature. Your children should not sign the you may remain in the home until you choose affidavit. (Person with life estate must have to leave or until you die. This agreement been a prior owner.) should be notarized and/or recorded with the Register of Deeds. -3- 8. My sister and I each own and occupy a original home will remain on until the end separate home on the same parcel of of that year and your new home would also property, which we co-own. May we claim qualify. an exemption for both homes? Yes. 5. I own the lot adjoining and contiguous to my home. It has a different property identification number than the parcel on Qualified Homestead Property which my homestead is located. May I also claim an exemption on this property? 1. I have moved several times in the last year. You may claim an exemption on this property Which home do I claim? as long as the property claimed is adjoining or contiguous to your home.