Michigan PDF Forms

Michigan PDF Forms

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Documents used along the form

The Michigan 4816 form is a crucial document used when a Principal Residence Exemption (PRE) is denied, particularly in situations involving property transfers. Alongside this form, several other documents are often required to ensure proper processing and compliance with state regulations. Below is a list of additional forms and documents commonly associated with the Michigan 4816 form.

  • PRE Denial Notice: This document informs the property owner of the denial of their PRE application. It must be attached to the Michigan 4816 form as proof of the denial.
  • Deed or Land Contract: A copy of the deed or land contract is necessary to verify the transfer of property from the seller to the bona fide purchaser. This document confirms the legal ownership and transaction details.
  • Tax Bill Statement: This statement outlines the taxes due for the property, including any additional taxes resulting from the PRE denial. It provides clarity on the financial obligations of the seller.
  • Affidavit of Ownership: This document may be required to affirm the identity of the seller and their ownership of the property at the time of the PRE denial.
  • Seller's Current Mailing Address: Providing the current mailing address of the seller is essential for billing purposes. This ensures that any tax bills are sent to the correct location.
  • Release of Liability Form: Essential for participants, this form ensures that all risks associated with activities are acknowledged and helps protect individuals from potential legal claims. For more information, visit legalpdf.org.
  • Supporting Documentation: Any additional documentation that supports the circumstances of the property transfer or the PRE denial may be necessary. This can include correspondence or records that clarify the situation.
  • Federal Employer Identification Number (FEIN): If the seller is a business entity, the FEIN must be provided. This number is used for tax identification purposes and is crucial for accurate billing.
  • Contact Information for Local Unit: The contact details of the local unit or county treasurer who prepared the form are required. This facilitates communication and ensures any questions can be addressed promptly.

Each of these documents plays a vital role in the processing of the Michigan 4816 form. Providing complete and accurate information helps to avoid delays and ensures that all parties involved understand their responsibilities regarding taxes following a PRE denial. Understanding the requirements can make a significant difference in the efficiency of the billing process.

Michigan 4816 Preview

Michigan Department of Treasury 4816 (07-10)

Request to Bill Seller Following a Principal Residence Exemption (PRE) Denial

Issued under authority of Public Act 206 of 1893.

Read the instructions before completing the form. This form and required documents must be submitted by the county or local treasurer

(whoever is in possession of the tax roll) when requesting that the Department of Treasury bill a seller for additional taxes, interest and penalties resulting from a PRE denial where the property has been transferred to a bona ide purchaser. Incomplete forms or a failure to

provide the required documentation will result in inaccurate billings or delays in processing. Use a separate form for each property tax identiication number.

PART 1: PROPERTY INFORMATION

Property Tax Identiication Number

Street Address

 

 

County

 

 

Township or City Name (Check appropriate box, write in name)

ZIP Code

 

 

Township

 

City

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PART 2: PRE DENIAL AND INTEREST INFORMATION — A copy of the denial notice must be attached.

Who denied the PRE?

Department of Treasury

County

Township/City Assessor

Date of Denial (MM/DD/YYYY)

To whom was the denial issued? (Must not be the current owner.)

 

 

In the table below, list the denied years to be billed and the corresponding tax information.

DENIAL YEAR

SchOOL OPERATINg

MILLAgE RATE

TAxABLE vALuE

DuE DATE

(Summer, Winter, combined)

PART 3: BILLINg INFORMATION — A copy of the deed, land contract or other legally executed document transferring the property from the seller to the bona ide purchaser must be attached.

First and last name of seller(s) to be billed. (Must not be the current owner. See instructions for details.)

Company Name (if applicable)

Federal Employer Identiication Number (FEIN)

Current Mailing Address

City

State

ZIP Code

Is the seller(s) to be billed the same person(s) or entity that was issued the denial notice and listed in Part 2?

Yes

No

If answered “no,” explain here and attach any supporting documents. (It is a rare exception for the two to be different. See instructions for details.)

PART 4: cOuNTY OR LOcAL uNIT cONTAcT INFORMATION

Name of Person Who Prepared Form (Print or Type)

Title

Name of County or Local Unit

Preparer’s Signature

Date

Telephone Number

E-mail Address

Mail completed form and supporting documentation to: Michigan Department of Treasury, PRE Unit, P.O. Box 30440, Lansing, MI 48909.

4816, Page 2

Instructions for Form 4816

Request to Bill Seller Following a Principal Residence Exemption (PRE) Denial

This form must be submitted by the county or local treasurer (whoever is in possession of the tax roll) when requesting that the

Department of Treasury (Department) bill a seller for additional taxes, interest and penalties resulting from a PRE denial where the property has been transferred to a bona ide purchaser. Speciically, Subsections 6, 8 and 11 of Michigan Compiled Laws 211.7cc state that “if the property has been transferred to a bona ide purchaser before additional taxes were billed to the seller as a result of the

denial of a claim for exemption, the taxes, interest, and penalties shall not be a lien on the property and shall not be billed to the bona

ide purchaser ….” The local tax collecting unit in possession of the tax roll then notiies the Department, which “shall then assess the

owner who claimed the exemption under this section for the tax, interest, and penalties accruing as a result of the denial of the claim for exemption ….” In other words, the seller (the person denied) is responsible for all additional taxes, interest and penalties due for

the years up to and including the year of the sale if the purchaser is a “bona ide purchaser.” The PRE is not removed in these bona ide purchaser situations.

A “bona ide purchaser” is one who purchases in good faith for valuable consideration. Therefore, a person who receives property

through an inheritance, foreclosure or one who receives property through a quit claim without valuable consideration, would not qualify as a bona ide purchaser. If the new owner is not a bona ide purchaser, the taxes are added back to the tax roll and the purchaser is responsible for the additional taxes, interest and penalties which become a lien on the property.

There are rare situations, however, where the person(s) or entity that was denied the PRE lost the property in a foreclosure or some other circumstance to an “acquiring entity,” which then subsequently sold the property to a bona ide purchaser. In these situations, the “acquiring entity” that sold the property would be responsible for the additional taxes, interest and penalties although the denial notice was issued to the prior owner. In these unusual circumstances, since the property was not acquired for valuable consideration, the transfer to the “acquiring entity” is not considered a bona ide purchase. As a result, the “acquiring entity” is responsible for the additional taxes, interest and penalties. If this rare situation occurs, explain in Part 3 the circumstances involved and attach any supporting documents. If the “acquiring entity” has not sold the property to a bona ide purchaser, the billing of additional taxes, interest and penalties must occur at the county or local unit level (whichever is in possession of the tax roll) since the transfer was not a bona ide purchase.

In order for the Department to process a request to bill the seller (the person or entity who was issued the denial notice) for additional taxes, interest and penalties in a bona ide purchaser situation, this form must be completed with the required documents attached. Upon

review of the completed form and supporting documents, the Department will process and issue a bill, which will include additional taxes and applicable interest and penalties, to the person(s) or entity listed in Part 3.

PART 1: PROPERTY INFORMATION

All of the information in Part 1 must be provided to the Department to process the request. Use a separate form for each property tax identiication number.

PART 2: PRE DENIAL INFORMATION

A copy of the PRE denial notice relating to the property in Part 1 must be submitted with this form. The date of the denial notice must be listed on the form along with the person(s) or entity that issued the denial notice. If the denial notice was issued to the current owner of

the property, the billing of additional taxes, interest and penalties must occur at the county or local unit level (whichever is in possession of the tax roll) and does not qualify as a bona ide purchaser situation. In addition, if the purchaser is not a “bona ide purchaser,” as described earlier, the billing also must occur at the county or local level.

For each year the PRE was denied, requiring the Department to bill the seller, list the school operating millage rate, taxable value, and the due date of the school operating taxes (summer, winter, or combined summer/winter).

PART 3: BILLINg INFORMATION

A copy of the deed, land contract or other legally executed document transferring the property from the seller to the bona ide purchaser must be submitted with this form. Each seller to be billed must be listed including a current mailing address (if the mailing address is available). If the seller is a company, the complete company name, address, and Federal Employer Identiication Number (FEIN), if available, must be provided.

PART 4: cOuNTY OR LOcAL uNIT cONTAcT INFORMATION

Complete the contact information in the event the Department has a question or needs clariication. The completed form and supporting documents must be mailed to the address at the bottom of the form. Failure to provide complete information or adequate supporting documentation will result in delays in processing.

If you have any questions, call the PRE Unit at (517) 373-1950 or e-mail PTE-Section@michigan.gov.

Similar forms

  • Form 1040: U.S. Individual Income Tax Return - Like the Michigan 4816 form, this document is used to report financial information to a governmental body. Both require accurate details about the property or income involved and necessitate supporting documents to ensure proper processing.

  • Confidentiality Agreement: This document is essential for safeguarding sensitive information during business transactions or partnerships. It establishes trust between parties, ensuring that details remain within agreed boundaries. A well-drafted Confidentiality Agreement can significantly reduce the risk of unauthorized disclosures.
  • Form 1099: Miscellaneous Income - This form, similar to the Michigan 4816, serves to report income that is not covered by standard employment. Both documents require detailed information about the parties involved and can lead to further financial implications if not completed correctly.

  • Form W-2: Wage and Tax Statement - This form is similar in that it provides essential information regarding tax obligations. Both require accuracy and can result in penalties if errors are made in reporting the necessary information.

  • Form 4506: Request for Copy of Tax Return - Like the Michigan 4816, this form involves a request for documentation from a government agency. Both require specific details to process the request and can involve fees for retrieval of the documents.

  • Form 1041: U.S. Income Tax Return for Estates and Trusts - This document is similar in that it addresses tax obligations for specific entities. Both forms require detailed information about financial transactions and necessitate supporting documentation to avoid complications.

  • Form 8822: Change of Address - This form, like the Michigan 4816, requires accurate information about individuals or entities involved. Both are important for ensuring that the correct parties receive necessary communications from the government.

  • Form 706: United States Estate (and Generation-Skipping Transfer) Tax Return - Similar to the Michigan 4816, this form deals with tax liabilities and necessitates comprehensive information about property and ownership. Both require careful attention to detail to prevent financial repercussions.

  • Form 990: Return of Organization Exempt from Income Tax - This form is used by non-profit organizations to report financial information. Like the Michigan 4816, it requires accurate reporting and can have significant implications for the organization’s tax status.

  • Form 941: Employer's Quarterly Federal Tax Return - This document is similar in that it reports tax obligations for employers. Both forms require precise information and can lead to penalties for inaccuracies in reporting.

  • Form 1098: Mortgage Interest Statement - This form is used to report mortgage interest paid. Like the Michigan 4816, it requires detailed information about financial transactions and is critical for accurate tax reporting.

Misconceptions

Misconception 1: The Michigan 4816 form can be submitted by anyone.

This form must be submitted by the county or local treasurer who possesses the tax roll. Only authorized individuals can complete and send this form to the Department of Treasury. If someone else tries to submit it, the request will likely be rejected.

Misconception 2: The seller is not responsible for any additional taxes if the property has been sold.

In fact, the seller is responsible for all additional taxes, interest, and penalties due for the years leading up to the sale if the buyer is a bona fide purchaser. This means that the seller will still face financial obligations even after the property has changed hands.

Misconception 3: The denial notice is not necessary when filing the form.

A copy of the denial notice must be attached to the form. Without it, the request may be delayed or deemed incomplete. This document is crucial for verifying the legitimacy of the PRE denial.

Misconception 4: All property transfers qualify as bona fide purchases.

Not all transfers meet the criteria for a bona fide purchase. For instance, properties acquired through inheritance or foreclosure do not qualify. If the new owner is not a bona fide purchaser, they may be responsible for the additional taxes, interest, and penalties.

Detailed Instructions for Using Michigan 4816

Completing the Michigan 4816 form requires careful attention to detail. It is essential to gather all necessary documents and information before beginning. This form is used to request that the Department of Treasury bill a seller for additional taxes, interest, and penalties resulting from a Principal Residence Exemption (PRE) denial. Ensure that each section is filled out accurately and completely to avoid delays in processing.

  1. Gather Required Documents: Collect the PRE denial notice, a copy of the deed or land contract, and any other supporting documents related to the property transfer.
  2. Complete Part 1: Property Information: Enter the Property Tax Identification Number, street address, county, township or city name, and ZIP code.
  3. Complete Part 2: PRE Denial and Interest Information: Attach a copy of the denial notice. Indicate who denied the PRE (Department of Treasury, County, or Township/City Assessor) and the date of denial. Specify to whom the denial was issued, ensuring it is not the current owner. List the denied years and corresponding tax information in the provided table.
  4. Complete Part 3: Billing Information: Attach a copy of the deed or other legal document transferring the property. List the first and last names of the seller(s) to be billed, ensuring they are not the current owner. If applicable, provide the company name and Federal Employer Identification Number (FEIN). Include the current mailing address and answer whether the seller(s) are the same as those issued the denial notice. If not, provide an explanation and any supporting documents.
  5. Complete Part 4: County or Local Unit Contact Information: Fill in the name of the person who prepared the form, their title, and the name of the county or local unit. Include the preparer's signature, date, telephone number, and email address.
  6. Mail the Completed Form: Send the completed form along with all supporting documentation to the Michigan Department of Treasury, PRE Unit, P.O. Box 30440, Lansing, MI 48909.

After submitting the form, the Department will review the information provided. If everything is in order, they will process the request and issue a bill for any additional taxes, interest, and penalties to the appropriate seller. It is important to keep a copy of the completed form and all attachments for your records.

Dos and Don'ts

When filling out the Michigan 4816 form, it is important to follow specific guidelines to ensure accuracy and timely processing. Here are some do's and don'ts to consider:

  • Do read the instructions carefully before starting the form.
  • Do provide complete and accurate information for all required fields.
  • Do attach a copy of the PRE denial notice as instructed.
  • Do use a separate form for each property tax identification number.
  • Do include all necessary supporting documents, such as the deed or land contract.
  • Don't leave any fields blank; incomplete forms can cause delays.
  • Don't submit the form without verifying that all required attachments are included.
  • Don't use the same form for multiple properties; each property requires its own submission.
  • Don't forget to provide accurate contact information for follow-up questions.