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Sandra is transferring her residential property in Lansing to her adult daughter as a gift. The property has a fair market value of $250,000, but no money changes hands. Sandra's agent tells her the Michigan real estate transfer tax will be based on the $250,000 fair market value. Is the agent correct, and does a transfer tax exemption apply?

Correct Answer

A) The agent is incorrect; transfers between family members are exempt from Michigan real estate transfer tax under MCL 207.505

Under MCL 207.505(1)(a), transfers of property between family members — including parent to child — are exempt from Michigan's state real estate transfer tax. The county transfer tax under MCL 207.526 also provides a similar exemption for family transfers. Because no consideration is exchanged and the transfer is between family members, Sandra owes no transfer tax.

Answer Options
A
The agent is incorrect; transfers between family members are exempt from Michigan real estate transfer tax under MCL 207.505
B
The agent is incorrect; only transfers between spouses are exempt, so a parent-to-child transfer is fully taxable
C
The agent is correct; the tax is calculated on the $250,000 value, but Sandra may apply for a refund after filing
D
The agent is correct; no exemption exists for gifts, so the tax is calculated on the $250,000 fair market value

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Related Topics & Key Terms

Key Terms:

transfer_taxexemptionsfamily_transfermcl_207_505

Related Concepts

Homestead portability allows homeowners to transfer a portion of their accumulated homestead tax savings to a new homestead in the same state.

The income approach estimates a property's value based on the income it generates by converting net operating income into a value estimate using a capitalization rate. It is the preferred method for income-producing properties.

Many states have laws to limit how much property taxes can increase each year, regardless of market value fluctuations.

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