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Marcus is a Michigan real estate salesperson whose client, a seller, asks him to explain who pays the real estate transfer tax at closing and whether any exemptions might apply. The seller is transferring the property to her adult daughter as a gift for no monetary consideration. Which of the following statements is most accurate regarding the Michigan Real Estate Transfer Tax in this scenario?

Correct Answer

C) The transfer may qualify for an exemption because transfers between family members for no consideration are exempt under Michigan law

Under the Michigan Real Estate Transfer Tax Act (MCL 207.505), certain transfers are exempt from the state real estate transfer tax. Transfers between family members, including transfers between a parent and child, particularly those made for no or nominal consideration, qualify for exemption. The seller's transfer to her adult daughter as a gift with no monetary consideration would likely qualify for this family transfer exemption, meaning no transfer tax would be due.

Answer Options
A
The buyer's daughter must pay the transfer tax because she is receiving title to the property
B
The seller must pay the full transfer tax because all transfers of Michigan real property are taxable
C
The transfer may qualify for an exemption because transfers between family members for no consideration are exempt under Michigan law
D
The transfer tax is split equally between the seller and the buyer's daughter as required by Michigan statute

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Related Topics & Key Terms

Key Terms:

transfer_taxfamily_transfer_exemptionseller_obligationMCL_207_505gift_transfer

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