Disagree with your local Assessor - Paying to much for Property Taxes?

It is that time of the year again when property owners get their assessments for the local assessor.  If you feel the amount is too high, check out the video below and let us know if you have any questions.  

If you do not wish to appeal yourself (it's an easy process) then there are attorneys I can recommend who will do this for you.  The initial process with the local tax board of review is free and they will give you 10 minutes to make your case then get back to you two weeks later.  If you disagree with their determination, then the appeal application to the state is free for your Home or $75 for investment property at this state level. 

Check out the suggestions in the video and keep in touch.  

Ready for your Transfer Tax Refund?

Usually, tax info in NOT good news, but hold on, I have some great information for you.  

As a Seller, Have you had a closing since 2011?  If so you maybe eligible for a refund of the state transfer tax you paid at closing.  The amount you would have paid would have been equal to roughly about $8 / per thousand of your sales price.  (Sale price / 1000 x 8.00)

The Michigan Supreme Court recently interpreted one of the exemptions to the State Real Estate Transfer Tax, greatly increasing the number of sales that qualify for the exemption. If the State Equalized Value (SEV) of the Home at the time you bought it is more than the SEV at the time you sell/sold it (it decreased in assessed value), and the sale was an “arm’s-length” or fair market transaction, the sale is exempt from the State Transfer Tax.  

Previously, you also had to show you sold the home for less than twice the SEV. You no longer have to meet that second requirement, meaning many are entitled to a refund of the State Transfer Tax.

Call or email me if you have any questions.  I have an attorney I can refer you too if you want to check to see if you are eligible and want to petition the state for a refund.  Their fee is quite reasonable and well work the extra money you will be left with after the refund.  

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For decades, Home ownership in the United States has been partially subsidized by the tax savings associated with owning a home. Many homeowners qualify for certain tax deductions and tax credits that make home ownership more affordable.  In order to utilize certain deductions, a homeowner must itemize their tax deductions. But almost everyone is eligible to benefit from one or more of the tax benefits of home ownership. Here are a few to consider as of the date of this article:

1. Property Taxes Deduction: In many areas, property taxes can be one of the most significant costs of homeownership. Therefore, the ability to deduct residential property taxes from taxable income is an incredible savings. A property tax deduction is essentially a tax-deductible tax, so that the homeowner does not pay income tax on money that was used to pay property taxes. This particular deduction may only be used for the period of time the homeowner actually owns the home. Back taxes paid as part of the purchase arrangement may not be deducted. But anything going to the Seller on the settlement statement for property taxes the seller paid in advance can be deducted. Homeowners can only deduct the amount of property tax actually paid to their local municipality for the tax year. However, if the property taxes are held in escrow for paying taxes at a later time, the deduction cannot be taken until such time as the money is paid out of the escrow account to the taxing authority. Many local assessments for improvements or other city/county fees that one may find on their property tax bill are not deductible. Also, if any (typically partial) refund of the property tax occurs, the amount of the deduction is generally reduced by the amount of the refund.


2. Mortgage Interest Deduction: For many homeowners, the mortgage interest tax deduction is the most valuable tax deduction, and can be used to deduct interest paid on a mortgage of up to one million ($1,000,000.00). When a homeowner receives their first Form 1098 from their lender, they should know that its potential value is vast and to consult with a tax professional as to how best to take advantage of this benefit. This deduction is especially useful for most new homeowners, as the initial mortgage payments for new homeowners are primarily comprised of interest for the first several years, making for a larger deduction (until more of the payment is comprised of principal when there is less interest paid and less interest to deduct). Prepaid mortgage interest paid at closing may also add to the amount of this deduction.


3. Mortgage Insurance Premiums Deduction: Many home buyers whose initial down payment is less than 20% of the purchase price are required to pay private mortgage insurance or "PMI." This insurance can be a significant expense. Homeowners may generally deduct the premiums paid for such mortgage insurance for the current tax year on a primary residence and a non-rental second or vacation home. However, eligibility for this deduction is phased out based on income levels (check with your tax professional).


4. Points Deduction: If an owner paid discount points or "points" (or sometimes "loan discounts") to reduce the interest rate on borrowed funds as part of the purchase or refinance of a home, the cost of these points can be deductible in the year they were paid or over the life of the mortgage, depending on the type of loan and the unique qualities of the taxpayer.


5. Energy Credits: Some homeowners can receive a tax credit (either federal, state or local) for a portion of the cost of materials used for energy efficient upgrades to their residence (including doors, windows, furnaces and air conditioners, roofing materials, insulation, solar panels, water heaters, geo thermal heat pumps, fuel cells, wind turbines, and other energy efficient upgrades).


6. Home Office Deduction: Many home owners, who use a portion of their home for office purposes, may be able to claim a tax deduction for the pro-rata portion of costs related to the office space (e.g. repairs, mortgage, insurance, utilities, and depreciation). To utilize this deduction, the home office must be used exclusively and regularly as a place of business, a place to meet clients/patients for business purposes, a place of storage (e.g. for inventory or records used in the business), or a place where a majority of business work is done.


7. Gain on Sale Exclusion: Individuals can exclude up to $250,000 of gain from a primary residence from taxable income, and married couples can exclude up to $500,000 of gain. To qualify, the seller(s) must have lived in the home as a primary residence for two of the prior five years before the sale.


8. selling Costs Deduction: If the seller’s gain from the sale of a home does not qualify for the exclusion in #7 above, or the gain exceeds the maximum amount of the exclusion in #7, the costs associated with selling the home may also be available to reduce the tax burden of the seller. For example, the following costs may be deductible: title insurance, advertising and marketing expenses, broker fees, or repairs (if made within 90 days of the sale and with the intent to facilitate a sale).


9. Home Improvement Loan Interest Deduction: Interest on loans for home improvements may be deductible, provided the loan was used for a "capital improvement," such as building a deck, installing a new water heater system, or building a garage or otherwise expanding the size of the home. Many s1maller items, such as wallpaper, paint, carpet, etc. are not considered "capital improvements."


10. Construction Loan Interest Deduction: Interest on a loan used to construct a new principal residence or vacation home for personal use may be deductible for the first 24 months of the loan.


11. Loan Forgiveness Exclusion: As of the date of this article, the Mortgage Debt Forgiveness Relief Act of 2007 was extended to allow debt that is forgiven by lenders in short sale situations to be excluded from taxable income, rather than being taxed as debt forgiveness income.


12.  IRA Penalty Exemption: The ten (10) percent penalty for the early withdrawal of IRA funds can be avoided if the withdrawal of such funds is used toward the purchase of a home within 120 days of the withdrawal. This benefit is limited to a withdrawal of up to $10,000 in IRA funds for each spouse, and only if each spouse did not own a home within the two years prior to the new home purchase.

These tax benefits represent some of the biggest tax benefits of homeownership. Other tax benefits also exist. And the above analysis is an informational summary only and is not to be used, and is not intended to be used, as tax advice. When it comes to tax matters, a tax professional, Certified Public Accountant, or tax attorney should be consulted for the particular circumstances of each taxpayer, to ensure that no tax benefit opportunities are missed and to ensure compliance with law. 

HOMESTEAD TAX CREDITS - The state of Michigan has a homestead tax credit for owner occupied residences.  This amounts to approximately a 33% discount on your annual local and state property taxes.  There are deadlines for filing this paperwork however in order to get your tax savings.  There is also options to get more than one homestead credit though in most cases it is limited to just one per person/household.  CALL us to discuss your situation as they there are complex rules and regulations which vary by individual case.  

Interested in new listing updates?  Just click on the link above "Get Listing Updates" to receive new listings the day they come out automatically.  You can also contact us by using one of the options found after clicking on our home button above or call our office direct line at 734-996-0000 and ask for Tom Stachler.

New Changes in the State of Michigan Homestead Exemption Filing Dates

Good News.  The Michigan Association of Realtors was instrumental in helping get this signed yesterday. The former deadline date of May 1st for your homestead exemption and discount on property taxes for Michigan property has been changed.  

See the information below regarding your Michigan Property tax homestead exemption and tax discount.

Congress Passes Tax Credit Closing Extension

Congress passed an extension of the closing deadline for the Homebuyer Tax Credit, the Homebuyer Assistance and Improvement Act (H.R. 5623). 

This extension applies only to transactions that have ratified contracts in place as of April 30, 2010, that have not yet closed. The legislation is designed to create a seamless extension; the new closing deadline for eligible transactions is now September 30, 2010. There will be no gap between June 30 and the date the President signs the bill into law. 

Contact our office for further details and as always you can get new listing update reports at www.shelterquest1.com

Well its that time of year again when we get our notice's from the local tax assessor.  The notice will contain your new tax assessment and what we can expect to pay for property taxes.  Remember you can appeal this decision if you do not agree.  Generally there will be instructions with your assessment that tell you how to sign up for to appeal initially to the local Tax Board of Review. 

I am please to announce that this past year I was notified that I would be getting back two checks for different properties that I had appealed to the State Tax Tribunal.  It should be noted that initially I did not receive any adjustments on the local level.  Initially, your case is reviewed by individuals appointed by local government that is very concerned about declining tax revenue due to declining tax values (Tax Board of Review).  No mystery here why they smile and tell you they will take your matter into consideration and then send you a denial letter once you are out of their door and confrontation range.  I have a few suggestions if you think your taxable value is higher than 50% of your market value and you want to lower your tax bill.

You will need to start by requesting a meeting with your tax board of review. This is a panel that will meet for several weeks straight following the mailing of your assessment and you need to request a time slot right away while they are convened.  Being a broker I can put together a market report showing comps or sold price data on similar properties.  I did this in the past but was unsuccessful on my appeals.   I would recommend that you spend $2-300. dollars for a formal appraisal.  The appraisal should be dated December 31st of the previous year which is the value date that your assessor is trying to establish.  Often, several of us in the community will go together and negociate a discounted price with a local appraiser for doing several appraisals at once for this purpose.  This makes the process much easier both at the local and state levels.  You now have an unbiased, third party market value opinion to present initially to the Tax board of Review and if needed, the State Tax Tribunal appeal.  I recommend this approach highly.  To start, you will make several copies (4) to supply to the local board and assessor at your first meeting which generally only last 15 minutes or less.  From my own past experience, this yields limited or no satisfaction at the local level, but you could get lucky.  You will receive an opinion from the Board of Review within a few weeks after your informal meeting along with instructions on how to appeal to the State Tax Tribunal.  Unhappy with the results?.... then don't stop and send a copy of your appraisal to the State if you disagree and then be prepared to wait up to two years for a notice from them, though you should receive a confirmation of receipt and case number within 60 days.  You can check you status online to by going to the State Web site as well.  If this is concerning your Home or principle residence, the appeal to the State is Free.  If its for investment property, then there is a $75. charge.  I have found far more receptive ears at the State level, so don't be shy about taking this final step.  

Of course there are more formal approaches involving hiring a tax attorney, but generally most people do not wish to speculate spending money on their fee's.  This is something you will need to weight vs. the potential return. 

Please call me if you have any questions or would like for me to send you some comps just to see if you should start with the appraisal route.  Remember, I got back thousands on each of my appeals to the state so think positive.  

Please scroll down and review other older posts herein for info on this and similar topics while your in this category.  

Good luck!

Principal Residence Exemption

Sellers who have taken advantage of the opportunity to retain two principal residence exemptions must file Form 4640 by December 31.

Legislation (signed in 2008) enables that the seller can retain an additional exemption for up to three years on property previously exempt as the owner's principal residence if the following criteria are met:

• the property is not occupied
• the property is for sale
• the property is not leased or available for Lease
• the property is not used for any business or commercial purpose.

For your convenience, a copy of Form 4640 is available at link to the form on the Michigan Government website.

With lower property values due to our struggling economy, many homeowners have been able to take advantage of an exemption contained in the Michigan Transfer Tax Act.  If a seller meets the criteria, they would be exempt from paying the state transfer tax.  Following are the criteria:

1. The property must have been occupied as a principle residence – classified as homestead property.
2. The property’s SEV for the calendar year in which the transfer is made must be less than or equal to the property’s SEV for the calendar year in which the seller acquired the property.
3. The property cannot be transferred for consideration exceeding its “true cash value” for the year of the transfer.

For example:
If the SEV of the homestead principle residence when acquired in 2005 is $100,000 and the current SEV on the property is $90,000, then the first two criteria have been met.  To establish the “true cash value” of the property, you must double the current SEV at the time of transfer.  In this scenario, the true cash value would be $180,000.  If the property sold for $170,000, then the 3rd criteria has been met of Exemption “u” as designated by the Michigan Transfer Tax Act.

If you believe you may be eligible, you have up to 4 years from the transfer date to file for the exemption.  It is also important to note that there are no similar exemptions in the County Real Estate Transfer Tax Act.

To see if you as a seller are eligible, please contact our office for a copy of the “Transfer Tax Exemption Worksheet.”   

As always, thank you for your consideration and referrals.

 ECONOMIC RECOVERY ACT OF 2008