Blank Michigan 4816 PDF Form

Blank Michigan 4816 PDF Form

The Michigan Department of Treasury 4816 form is a request to bill a seller following a denial of a Principal Residence Exemption (PRE). This form is essential for counties or local treasurers to request the Department to bill sellers for additional taxes, interest, and penalties due to a PRE denial when the property has been sold to a bona fide purchaser. To ensure accurate processing, it is crucial to fill out the form completely and attach all required documents.

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The Michigan 4816 form is a crucial document for local treasurers and property sellers navigating the complexities of Principal Residence Exemption (PRE) denials. When a property is denied a PRE and subsequently sold to a bona fide purchaser, this form initiates the process of billing the seller for any additional taxes, interest, and penalties that arise from the denial. It is essential to complete this form accurately, as any omissions or errors can lead to delays or incorrect billings. The form requires detailed property information, including the property tax identification number and the address, as well as specifics about the PRE denial, such as the issuing authority and the denial date. Additionally, it mandates the inclusion of supporting documents, like the denial notice and proof of the property transfer, to ensure compliance with state laws. Each property must be submitted on a separate form, emphasizing the need for thoroughness. Completing the Michigan 4816 form correctly is not just a bureaucratic necessity; it is a vital step in ensuring that all parties involved are held accountable and that the tax implications of a PRE denial are properly addressed.

Document Sample

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 [email protected].

File Specifics

Fact Name Details
Form Purpose The Michigan 4816 form is used to request that the Department of Treasury bill a seller for additional taxes, interest, and penalties following a Principal Residence Exemption (PRE) denial.
Governing Law This form is governed by Public Act 206 of 1893 and Michigan Compiled Laws 211.7cc.
Submission Requirement The form must be submitted by the county or local treasurer who has possession of the tax roll.
Denial Notice Requirement A copy of the PRE denial notice must be attached to the form for processing.
Bona Fide Purchaser Definition A bona fide purchaser is someone who buys property in good faith for valuable consideration, not through inheritance or foreclosure.
Tax Liability If the property is sold to a bona fide purchaser, the seller remains responsible for taxes, interest, and penalties up to the year of sale.
Contact Information For questions, contact the PRE Unit at (517) 373-1950 or email [email protected].

How to Use Michigan 4816

Filling out the Michigan 4816 form is an important step in addressing issues related to a Principal Residence Exemption (PRE) denial. It is essential to provide accurate information and attach the necessary documentation to ensure proper processing. Following the steps below will help guide you through the completion of this form.

  1. Obtain the Form: Download the Michigan 4816 form from the Michigan Department of Treasury website or acquire a physical copy from your local treasurer's office.
  2. Fill Out Property Information: In Part 1, provide the property tax identification number, street address, county, township or city name, and ZIP code. Make sure to check the appropriate box for township or city.
  3. Attach Denial Notice: In Part 2, attach a copy of the PRE denial notice. Indicate who issued the denial (Department of Treasury, County, or Township/City Assessor) and the date of denial in the specified format (MM/DD/YYYY).
  4. List Denied Years: Below the denial information, create a table listing the denied years, including the school operating millage rate, taxable value, and due date for each year.
  5. Provide Billing Information: In Part 3, include the first and last names of the seller(s) to be billed. If applicable, add the company name and Federal Employer Identification Number (FEIN). Provide the current mailing address, city, state, and ZIP code.
  6. Confirm Seller Information: Indicate whether the seller(s) to be billed are the same as those listed in Part 2. If not, explain the discrepancy and attach any supporting documents.
  7. Complete Contact Information: In Part 4, provide the name and title of the person who prepared the form, along with the name of the county or local unit. Include the preparer's signature, date, telephone number, and email address.
  8. Review and Mail: Carefully review the completed form and ensure all required documents are attached. Mail the form and documents to the Michigan Department of Treasury, PRE Unit, P.O. Box 30440, Lansing, MI 48909.

Once the form is submitted, the Department of Treasury will process the request and issue a bill to the seller for any additional taxes, interest, and penalties resulting from the PRE denial. It is crucial to ensure that all information is accurate and complete to avoid delays in processing.

Your Questions, Answered

  1. What is the Michigan 4816 form?

    The Michigan 4816 form is a request to bill a seller following a Principal Residence Exemption (PRE) denial. It is issued under the authority of Public Act 206 of 1893. This form is specifically used by county or local treasurers to request the Department of Treasury to bill a seller for additional taxes, interest, and penalties resulting from a PRE denial when the property has been transferred to a bona fide purchaser.

  2. Who needs to submit the Michigan 4816 form?

    The form must be submitted by the county or local treasurer who is in possession of the tax roll. This submission occurs when there is a need to bill a seller for additional taxes due to a PRE denial. It is important that the form is filled out completely and accurately to avoid delays.

  3. What information is required on the form?

    The form requires several key pieces of information:

    • Property Tax Identification Number
    • Street Address, County, and Township or City Name
    • Date of the PRE denial and the issuing authority
    • Details about the seller(s) to be billed, including their mailing address and, if applicable, their Federal Employer Identification Number (FEIN)
    • A copy of the PRE denial notice and the deed or land contract transferring the property
  4. What happens if the form is incomplete?

    If the form is incomplete or if required documents are not attached, it may result in inaccurate billings or delays in processing. It is crucial to ensure that all sections of the form are filled out and that all necessary documentation is included before submission.

  5. What is a bona fide purchaser?

    A bona fide purchaser is someone who purchases property in good faith and for valuable consideration. This means that the buyer has paid a fair price for the property. Situations such as inheritance or foreclosure do not qualify as bona fide purchases. If the property has not been transferred to a bona fide purchaser, the taxes will revert to the tax roll, and the new owner may be responsible for those additional taxes.

  6. What documentation must be attached to the form?

    Two primary documents must be attached to the Michigan 4816 form:

    • A copy of the PRE denial notice
    • A copy of the deed, land contract, or other legally executed document that shows the transfer of property from the seller to the bona fide purchaser
  7. What should I do if the seller to be billed is different from the person who received the denial notice?

    If the seller to be billed is not the same person or entity that received the denial notice, it is necessary to explain this difference in Part 3 of the form. Supporting documents should also be attached to clarify the situation. This is an unusual circumstance, so providing detailed information is essential.

  8. How will I know if my request has been processed?

  9. Where should I send the completed form?

    The completed Michigan 4816 form and all supporting documentation should be mailed to the following address: Michigan Department of Treasury, PRE Unit, P.O. Box 30440, Lansing, MI 48909. It is advisable to keep copies of everything sent for your records.

Common mistakes

  1. Incomplete Property Information: Failing to provide all required details in Part 1 can lead to processing delays. Each property tax identification number must be accompanied by the correct street address, county, township or city name, and ZIP code.

  2. Missing Denial Notice: Not attaching a copy of the PRE denial notice in Part 2 is a common oversight. This document is essential for the Department to verify the denial and process the billing accurately.

  3. Incorrect Seller Information: Listing the current owner as the seller in Part 3 can result in significant issues. The seller must be the individual or entity that was denied the PRE, not the new owner.

  4. Failure to Attach Supporting Documents: Omitting necessary documents such as the deed or land contract can lead to rejection of the form. Each submission must include all required documentation to ensure timely processing.

Documents used along the form

When dealing with the Michigan 4816 form, several other documents and forms may be necessary to ensure a smooth process. These documents help provide the required information and context for the request being made. Here’s a brief overview of some key forms that are often used alongside the Michigan 4816 form:

  • PRE Denial Notice: This document serves as official notification from the relevant authority regarding the denial of the Principal Residence Exemption (PRE). It must be attached to the Michigan 4816 form to confirm the denial date and the entity that issued it.
  • Deed or Land Contract: A copy of the deed or land contract is essential to prove the transfer of property from the seller to the bona fide purchaser. This document verifies the legal ownership and is necessary for accurate billing of taxes.
  • Supporting Documentation: Any additional documents that clarify the circumstances of the property transfer or the denial can be included. This might consist of correspondence, affidavits, or other relevant records that provide context to the situation.
  • Federal Employer Identification Number (FEIN): If the seller is a business entity, the FEIN is required for identification purposes. This number helps the Department of Treasury accurately bill the correct entity for the additional taxes.
  • Contact Information Form: While not a specific form, ensuring that the contact information of the person preparing the Michigan 4816 form is complete is crucial. This allows the Department to reach out for any clarifications or questions regarding the submission.

Gathering these documents not only supports your request but also helps avoid delays in processing. Each piece of information plays a vital role in ensuring that the billing process is handled correctly and efficiently. Always double-check that you have everything needed before submitting your forms to avoid complications.

Similar forms

The Michigan 4800 form, similar to the Michigan 4816 form, serves as a request for a property tax exemption. Both forms require detailed property information, including the property tax identification number and the address. The 4800 form is specifically used for claiming a Principal Residence Exemption (PRE) for the first time, while the 4816 form is utilized after a PRE denial. Each form necessitates the submission of supporting documents, such as proof of residency or ownership, to substantiate the claim or the request for billing. Both forms are critical in ensuring that the correct tax status is applied to a property, thereby impacting the financial responsibilities of the property owner.

Another document that parallels the Michigan 4816 form is the Michigan 4806 form, which is used for reporting changes in ownership or occupancy that may affect a property’s tax exemption status. Like the 4816, the 4806 requires detailed information about the property and the parties involved. This form is particularly important when a property undergoes a transfer that could lead to a reassessment of its tax exemption eligibility. Both forms demand accuracy and completeness in their submissions, as any discrepancies could lead to complications in tax billing or exemption status.

The Michigan 4905 form also shares similarities with the 4816 form, as it is utilized for requesting a reassessment of property taxes. This form is typically filed when property owners believe their tax assessment is incorrect. Both forms require a thorough explanation of the circumstances surrounding the request, and both necessitate the submission of supporting documentation to validate the claims made. The 4905 form focuses more on the assessment process, while the 4816 specifically addresses the implications of a PRE denial, but both are essential in the broader context of property tax management.

The Michigan 4988 form is another document that relates to property tax exemptions. It is used for reporting the loss of a property tax exemption due to changes in ownership or use. Similar to the 4816, the 4988 form requires the property owner to provide specific details about the property and the circumstances leading to the loss of exemption. Both forms emphasize the importance of timely and accurate reporting to avoid unexpected tax liabilities. The primary difference lies in the context of use; while the 4816 addresses billing following a denial, the 4988 focuses on notifying authorities of a change in exemption status.

The Michigan 4906 form also parallels the 4816 form in that it is used to appeal a property tax assessment. This form is typically submitted when a property owner disagrees with the assessed value of their property. Both forms require detailed information about the property and the reasons for the appeal or request. The 4906 form is more focused on valuation disputes, while the 4816 form is concerned with the consequences of a PRE denial. Nevertheless, both forms play crucial roles in ensuring that property owners have avenues to address their tax concerns.

Additionally, the Michigan 4907 form is relevant as it is used to apply for a property tax exemption for certain types of property. This form, like the 4816, requires comprehensive property information and supporting documentation. Both forms are designed to facilitate the accurate assessment of tax liabilities and exemptions, ensuring that property owners are billed correctly based on their eligibility. The 4907 form, however, is proactive in nature, while the 4816 form is reactive, addressing issues arising from a denial.

The Michigan 4909 form also shares characteristics with the 4816 form, as it is used to report a property’s change in use that may affect its tax status. This form requires the property owner to provide detailed information about the property and the nature of the change. Both forms emphasize the need for accurate reporting to ensure compliance with tax regulations. The 4909 form focuses on changes in use, whereas the 4816 form deals specifically with the ramifications of a PRE denial, but both are integral to the management of property tax obligations.

Lastly, the Michigan 4910 form is another document that is similar to the 4816 form in that it is used for requesting a review of property tax records. This form is essential for property owners who believe there are errors in their tax records. Both forms require a thorough explanation and supporting documentation to support the request. While the 4910 form is aimed at correcting record inaccuracies, the 4816 form deals with the consequences of a PRE denial. Nonetheless, both forms are vital tools for property owners seeking to ensure their tax records reflect their true tax obligations.

Dos and Don'ts

When filling out the Michigan 4816 form, it is essential to ensure accuracy and completeness. Here are some important dos and don'ts to keep in mind:

  • Do read all instructions carefully before starting the form.
  • Do include a copy of the PRE denial notice with your submission.
  • Do provide accurate property tax identification numbers for each property.
  • Do attach all required documents, such as the deed or land contract.
  • Do ensure that all contact information is complete and up-to-date.
  • Don't leave any sections of the form blank; incomplete forms can lead to delays.
  • Don't submit multiple properties on a single form; use a separate form for each property.
  • Don't forget to sign and date the form before submission.
  • Don't include documents that are not required, as this may complicate processing.
  • Don't hesitate to reach out for assistance if you have questions about the form.

Misconceptions

Here are ten common misconceptions about the Michigan 4816 form, along with clarifications for each:

  1. The Michigan 4816 form is only for homeowners. This form is actually used by county or local treasurers to bill sellers for additional taxes after a Principal Residence Exemption (PRE) denial, regardless of ownership status.
  2. Only the current owner needs to fill out the form. The form must be completed by the county or local treasurer, not the current owner. They are responsible for submitting it to the Department of Treasury.
  3. A denial notice is not required with the form. A copy of the PRE denial notice must be attached. Without it, the form will be incomplete.
  4. All properties require only one form submission. A separate form is needed for each property tax identification number. This ensures accurate processing.
  5. The seller being billed is always the current owner. The seller to be billed must not be the current owner. This often leads to confusion about who is liable for the taxes.
  6. All purchasers qualify as bona fide purchasers. Only those who purchase property in good faith and for valuable consideration qualify. Inheritances or foreclosures do not meet this criterion.
  7. The PRE is automatically removed upon denial. The PRE is not removed in bona fide purchaser situations, meaning the seller remains responsible for the taxes.
  8. Once the form is submitted, the process is quick. Incomplete forms or missing documentation can lead to delays. Proper completion is crucial for timely processing.
  9. There are no exceptions to who can be billed. In rare cases, if the property was transferred to an “acquiring entity” before being sold to a bona fide purchaser, that entity may be billed instead.
  10. Supporting documents are optional. Supporting documents, such as a deed or land contract, are mandatory. Failure to include them can result in processing issues.

Key takeaways

Key Takeaways for Using the Michigan 4816 Form:

  • This form is used to request the Department of Treasury to bill a seller for additional taxes, interest, and penalties after a Principal Residence Exemption (PRE) denial.
  • Ensure all required documentation, including the denial notice and transfer documents, are attached to avoid processing delays.
  • Each property tax identification number requires a separate form, and accurate property information must be provided in Part 1.
  • If the seller listed is not the same as the person who received the denial notice, provide an explanation and any supporting documents in Part 3.