STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Senators Hildenbrand, Rocca, Proos, Kowall, Colbeck, Pavlov, Emmons, Hune, Marleau,
Green, Hansen, Pappageorge and Walker
ENROLLED SENATE BILL No. 349
AN ACT to amend 1893 PA 206, entitled �An act to provide for the assessment of rights and interests, including
leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied;
making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture
and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and
not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of
money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in
connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe
certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers,
departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses
incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of
acts,� by amending section 7cc (MCL 211.7cc), as amended by 2010 PA 17.
The People of the State of Michigan enact:
Sec. 7cc. (1) A principal residence is exempt from the tax levied by a local school district for school operating
purposes to the extent provided under section 1211 of the revised school code, 1976 PA 451, MCL 380.1211, if an owner
of that principal residence claims an exemption as provided in this section. Notwithstanding the tax day provided in
section 2, the status of property as a principal residence shall be determined on the date an affidavit claiming an
exemption is filed under subsection (2).
(2) Except as otherwise provided in subsection (5), an owner of property may claim 1 exemption under this section
by filing an affidavit on or before May 1 for taxes levied before January 1, 2012 or, for taxes levied after December 31,
2011, on or before June 1 for the immediately succeeding summer tax levy and all subsequent tax levies or on or before
November 1 for the immediately succeeding winter tax levy and all subsequent tax levies with the local tax collecting
unit in which the property is located. The affidavit shall state that the property is owned and occupied as a principal
residence by that owner of the property on the date that the affidavit is signed. The affidavit shall be on a form
prescribed by the department of treasury. One copy of the affidavit shall be retained by the owner, 1 copy shall be
retained by the local tax collecting unit until any appeal or audit period under this act has expired, and 1 copy shall be
forwarded to the department of treasury pursuant to subsection (4), together with all information submitted under
subsection (26) for a cooperative housing corporation. The affidavit shall require the owner claiming the exemption to
indicate if that owner or that owner�s spouse has claimed another exemption on property in this state that is not
rescinded or a substantially similar exemption, deduction, or credit on property in another state that is not rescinded.
If the affidavit requires an owner to include a social security number, that owner�s number is subject to the disclosure
restrictions in 1941 PA 122, MCL 205.1 to 205.31. If an owner of property filed an affidavit for an exemption under this
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Act No. 114
Public Acts of 2012
Approved by the Governor
May 1, 2012
Filed with the Secretary of State
May 1, 2012
EFFECTIVE DATE: May 1, 2012
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section before January 1, 2004, that affidavit shall be considered the affidavit required under this subsection for a
principal residence exemption and that exemption shall remain in effect until rescinded as provided in this section.
(3) Except as otherwise provided in subsection (5), a husband and wife who are required to file or who do file a joint
Michigan income tax return are entitled to not more than 1 exemption under this section. For taxes levied after
December 31, 2002, a person is not entitled to an exemption under this section if any of the following conditions occur:
(a) That person has claimed a substantially similar exemption, deduction, or credit on property in another state that
is not rescinded.
(b) Subject to subdivision (a), that person or his or her spouse owns property in a state other than this state for
which that person or his or her spouse claims an exemption, deduction, or credit substantially similar to the exemption
provided under this section, unless that person and his or her spouse file separate income tax returns.
(c) That person has filed a nonresident Michigan income tax return, except active duty military personnel stationed
in this state with his or her principal residence in this state.
(d) That person has filed an income tax return in a state other than this state as a resident, except active duty
military personnel stationed in this state with his or her principal residence in this state.
(e) That person has previously rescinded an exemption under this section for the same property for which an
exemption is now claimed and there has not been a transfer of ownership of that property after the previous exemption
was rescinded, if either of the following conditions is satisfied:
(i) That person has claimed an exemption under this section for any other property for that tax year.
(ii) That person has rescinded an exemption under this section on other property, which exemption remains in effect
for that tax year, and there has not been a transfer of ownership of that property.
(4) Upon receipt of an affidavit filed under subsection (2) and unless the claim is denied under this section, the
assessor shall exempt the property from the collection of the tax levied by a local school district for school operating
purposes to the extent provided under section 1211 of the revised school code, 1976 PA 451, MCL 380.1211, as provided
in subsection (1) until December 31 of the year in which the property is transferred or, except as otherwise provided in
subsection (5), is no longer a principal residence as defined in section 7dd. The local tax collecting unit shall forward
copies of affidavits to the department of treasury according to a schedule prescribed by the department of treasury.
(5) Except as otherwise provided in this subsection, not more than 90 days after exempted property is no longer
used as a principal residence by the owner claiming an exemption, that owner shall rescind the claim of exemption by
filing with the local tax collecting unit a rescission form prescribed by the department of treasury. If an owner is eligible
for and claims an exemption for that owner�s current principal residence, that owner may retain an exemption for not
more than 3 tax years on property previously exempt as his or her principal residence if that property is not occupied,
is for sale, is not leased, and is not used for any business or commercial purpose by filing a conditional rescission form
prescribed by the department of treasury on or before May 1 with the local tax collecting unit. Beginning in the 2012
tax year, subject to the payment requirement set forth in this subsection, if a land contract vendor, bank, credit union,
or other lending institution owns property as a result of having foreclosed on that property and that property had been
exempt under this section immediately preceding the foreclosure, that land contract vendor, bank, credit union, or other
lending institution may retain an exemption on that property under this section if that property is not occupied, is for
sale, is not leased to any person other than the person who claimed the exemption under this section immediately
preceding the foreclosure, and is not used for any business or commercial purpose. A land contract vendor, bank, credit
union, or other lending institution may claim an exemption under this subsection by filing a conditional rescission form
prescribed by the department of treasury with the local tax collecting unit within the time period prescribed in
subsection (2). Property is eligible for a conditional rescission if that property is available for lease and all other
conditions under this subsection are met. A copy of a conditional rescission form shall be forwarded to the department
of treasury according to a schedule prescribed by the department of treasury. An owner or a land contract vendor, bank,
credit union, or other lending institution that files a conditional rescission form shall annually verify to the assessor of
the local tax collecting unit on or before December 31 that the property for which the principal residence exemption is
retained is not occupied, is for sale, is not leased except as otherwise provided in this section, and is not used for any
business or commercial purpose. If an owner or a land contract vendor, bank, credit union, or other lending institution
does not annually verify by December 31 that the property for which the principal residence exemption is retained is
not occupied, is for sale, is not leased except as otherwise provided in this section, and is not used for any business or
commercial purpose, the assessor of the local tax collecting unit shall deny the principal residence exemption on that
property. Except as otherwise provided in this section, property subject to a conditional rescission is leased, the local
tax collecting unit shall deny that conditional rescission and that denial is retroactive and is effective on December 31
of the year immediately preceding the year in which the property subject to the conditional rescission is leased. An
owner who fails to file a rescission as required by this subsection is subject to a penalty of $5.00 per day for each
separate failure beginning after the 90 days have elapsed, up to a maximum of $200.00. This penalty shall be collected
under 1941 PA 122, MCL 205.1 to 205.31, and shall be deposited in the state school aid fund established in section 11 of
article IX of the state constitution of 1963. This penalty may be waived by the department of treasury. If a land contract
vendor, bank, credit union, or other lending institution retains an exemption on property under this subsection, that
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land contract vendor, bank, credit union, or other lending institution shall pay an amount equal to the amount that land
contract vendor, bank, credit union, or other lending institution would have paid under section 1211 of the revised school
code, 1976 PA 451, MCL 380.1211, if an exemption had not been retained on that property, together with an administration
fee equal to the property tax administration fee imposed under section 44. The payment required under this subsection
shall be collected by the local tax collecting unit at the same time and in the same manner as taxes collected under this
act. The administration fee shall be retained by the local tax collecting unit. The amount collected that the land contract
vendor, bank, credit union, or other lending institution would have paid under section 1211 of the revised school code,
1976 PA 451, MCL 380.1211, if an exemption had not been retained on that property shall be distributed to the
department of treasury for deposit into the state school aid fund established in section 11 of article IX of the state
constitution of 1963. If a land contract vendor, bank, credit union, or other lending institution transfers ownership of
property for which an exemption is retained under this subsection, that land contract vendor, bank, credit union, or
other lending institution shall rescind the exemption as provided in this section and shall notify the treasurer of the local
tax collecting unit of that transfer of ownership. If a land contract vendor, bank, credit union, or other lending institution
fails to make the payment required under this subsection for any property, the local tax collecting unit shall deny that
conditional rescission and that denial is retroactive and is effective on December 31 of the immediately preceding year.
If the local tax collecting unit denies a conditional rescission, the local tax collecting unit shall remove the exemption of
the property and any additional taxes, penalties, and interest shall be collected as provided in this section.
(6) Except as otherwise provided in subsection (5), if the assessor of the local tax collecting unit believes that the
property for which an exemption is claimed is not the principal residence of the owner claiming the exemption, the
assessor may deny a new or existing claim by notifying the owner and the department of treasury in writing of the
reason for the denial and advising the owner that the denial may be appealed to the residential and small claims division
of the Michigan tax tribunal within 35 days after the date of the notice. The assessor may deny a claim for exemption
for the current year and for the 3 immediately preceding calendar years. If the assessor denies an existing claim for
exemption, the assessor shall remove the exemption of the property and, if the tax roll is in the local tax collecting unit�s
possession, amend the tax roll to reflect the denial and the local treasurer shall within 30 days of the date of the denial
issue a corrected tax bill for any additional taxes with interest at the rate of 1.25% per month or fraction of a month
and penalties computed from the date the taxes were last payable without interest or penalty. If the tax roll is in the
county treasurer�s possession, the tax roll shall be amended to reflect the denial and the county treasurer shall within
30 days of the date of the denial prepare and submit a supplemental tax bill for any additional taxes, together with
interest at the rate of 1.25% per month or fraction of a month and penalties computed from the date the taxes were last
payable without interest or penalty. Interest on any tax set forth in a corrected or supplemental tax bill shall again
begin to accrue 60 days after the date the corrected or supplemental tax bill is issued at the rate of 1.25% per month or
fraction of a month. Taxes levied in a corrected or supplemental tax bill shall be returned as delinquent on the March 1
in the year immediately succeeding the year in which the corrected or supplemental tax bill is issued. If the assessor
denies an existing claim for exemption, the interest due shall be distributed as provided in subsection (23). However, if
the property has been transferred to a bona fide 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 fide purchaser, and the local tax collecting unit if the local tax collecting unit has possession of the
tax roll or the county treasurer if the county has possession of the tax roll shall notify the department of treasury of
the amount of tax due, interest, and penalties through the date of that notification. The department of treasury 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, if any, as for unpaid taxes provided under 1941 PA 122, MCL 205.1 to
205.31, and shall deposit any tax or penalty collected into the state school aid fund and shall distribute any interest
collected as provided in subsection (23). The denial shall be made on a form prescribed by the department of treasury.
If the property for which the assessor has denied a claim for exemption under this subsection is located in a county in
which the county treasurer or the county equalization director have elected to audit exemptions under subsection (10),
the assessor shall notify the county treasurer or the county equalization director of the denial under this subsection.
(7) If the assessor of the local tax collecting unit believes that the property for which the exemption is claimed is not
the principal residence of the owner claiming the exemption and has not denied the claim, the assessor shall include a
recommendation for denial with any affidavit that is forwarded to the department of treasury or, for an existing claim,
shall send a recommendation for denial to the department of treasury, stating the reasons for the recommendation.
(8) The department of treasury shall determine if the property is the principal residence of the owner claiming the
exemption. The department of treasury may review the validity of exemptions for the current calendar year and for the
3 immediately preceding calendar years. Except as otherwise provided in subsection (5), if the department of treasury
determines that the property is not the principal residence of the owner claiming the exemption, the department shall
send a notice of that determination to the local tax collecting unit and to the owner of the property claiming the
exemption, indicating that the claim for exemption is denied, stating the reason for the denial, and advising the owner
claiming the exemption of the right to appeal the determination to the department of treasury and what those rights of
appeal are. The department of treasury may issue a notice denying a claim if an owner fails to respond within 30 days
of receipt of a request for information from that department. An owner may appeal the denial of a claim of exemption
to the department of treasury within 35 days of receipt of the notice of denial. An appeal to the department of treasury
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shall be conducted according to the provisions for an informal conference in section 21 of 1941 PA 122, MCL 205.21.
Within 10 days after acknowledging an appeal of a denial of a claim of exemption, the department of treasury shall notify
the assessor and the treasurer for the county in which the property is located that an appeal has been filed. Upon
receipt of a notice that the department of treasury has denied a claim for exemption, the assessor shall remove the
exemption of the property and, if the tax roll is in the local tax collecting unit�s possession, amend the tax roll to reflect
the denial and the local treasurer shall within 30 days of the date of the denial issue a corrected tax bill for any
additional taxes with interest at the rate of 1.25% per month or fraction of a month and penalties computed from the
date the taxes were last payable without interest and penalty. If the tax roll is in the county treasurer�s possession, the
tax roll shall be amended to reflect the denial and the county treasurer shall within 30 days of the date of the denial
prepare and submit a supplemental tax bill for any additional taxes, together with interest at the rate of 1.25% per
month or fraction of a month and penalties computed from the date the taxes were last payable without interest or
penalty. Interest on any tax set forth in a corrected or supplemental tax bill shall again begin to accrue 60 days after
the date the corrected or supplemental tax bill is issued at the rate of 1.25% per month or fraction of a month. The
department of treasury may waive interest on any tax set forth in a corrected or supplemental tax bill for the current
tax year and the immediately preceding 3 tax years if the assessor of the local tax collecting unit files with the
department of treasury a sworn affidavit in a form prescribed by the department of treasury stating that the tax set
forth in the corrected or supplemental tax bill is a result of the assessor�s classification error or other error or the
assessor�s failure to rescind the exemption after the owner requested in writing that the exemption be rescinded. Taxes
levied in a corrected or supplemental tax bill shall be returned as delinquent on the March 1 in the year immediately
succeeding the year in which the corrected or supplemental tax bill is issued. If the department of treasury denies an
existing claim for exemption, the interest due shall be distributed as provided in subsection (23). However, if the
property has been transferred to a bona fide 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 fide purchaser, and the local tax collecting unit if the local tax collecting unit has possession of the tax
roll or the county treasurer if the county has possession of the tax roll shall notify the department of treasury of the
amount of tax due and interest through the date of that notification. The department of treasury shall then assess the
owner who claimed the exemption under this section for the tax and interest plus penalty accruing as a result of the
denial of the claim for exemption, if any, as for unpaid taxes provided under 1941 PA 122, MCL 205.1 to 205.31, and shall
deposit any tax or penalty collected into the state school aid fund and shall distribute any interest collected as provided
in subsection (23).
(9) The department of treasury may enter into an agreement regarding the implementation or administration of
subsection (8) with the assessor of any local tax collecting unit in a county that has not elected to audit exemptions
claimed under this section as provided in subsection (10). The agreement may specify that for a period of time, not to
exceed 120 days, the department of treasury will not deny an exemption identified by the department of treasury in the
list provided under subsection (11).
(10) A county may elect to audit the exemptions claimed under this section in all local tax collecting units located in
that county as provided in this subsection. The election to audit exemptions shall be made by the county treasurer, or
by the county equalization director with the concurrence by resolution of the county board of commissioners. The initial
election to audit exemptions shall require an audit period of 2 years. Before 2009, subsequent elections to audit
exemptions shall be made every 2 years and shall require 2 annual audit periods. Beginning in 2009, an election to audit
exemptions shall be made every 5 years and shall require 5 annual audit periods. An election to audit exemptions shall
be made by submitting an election to audit form to the assessor of each local tax collecting unit in that county and to
the department of treasury not later than April 1 preceding the October 1 in the year in which an election to audit is
made. The election to audit form required under this subsection shall be in a form prescribed by the department of
treasury. If a county elects to audit the exemptions claimed under this section, the department of treasury may continue
to review the validity of exemptions as provided in subsection (8). If a county does not elect to audit the exemptions
claimed under this section as provided in this subsection, the department of treasury shall conduct an audit of exemptions
claimed under this section in the initial 2-year audit period for each local tax collecting unit in that county unless the
department of treasury has entered into an agreement with the assessor for that local tax collecting unit under
subsection (9).
(11) If a county elects to audit the exemptions claimed under this section as provided in subsection (10) and the
county treasurer or his or her designee or the county equalization director or his or her designee believes that the
property for which an exemption is claimed is not the principal residence of the owner claiming the exemption, the
county treasurer or his or her designee or the county equalization director or his or her designee may, except as
otherwise provided in subsection (5), deny an existing claim by notifying the owner, the assessor of the local tax
collecting unit, and the department of treasury in writing of the reason for the denial and advising the owner that the
denial may be appealed to the residential and small claims division of the Michigan tax tribunal within 35 days after the
date of the notice. The county treasurer or his or her designee or the county equalization director or his or her designee
may deny a claim for exemption for the current year and for the 3 immediately preceding calendar years. If the county
treasurer or his or her designee or the county equalization director or his or her designee denies an existing claim for
exemption, the county treasurer or his or her designee or the county equalization director or his or her designee shall
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direct the assessor of the local tax collecting unit in which the property is located to remove the exemption of the
property from the assessment roll and, if the tax roll is in the local tax collecting unit�s possession, direct the assessor
of the local tax collecting unit to amend the tax roll to reflect the denial and the treasurer of the local tax collecting unit
shall within 30 days of the date of the denial issue a corrected tax bill for any additional taxes with interest at the rate
of 1.25% per month or fraction of a month and penalties computed from the date the taxes were last payable without
interest and penalty. If the tax roll is in the county treasurer�s possession, the tax roll shall be amended to reflect the
denial and the county treasurer shall within 30 days of the date of the denial prepare and submit a supplemental tax
bill for any additional taxes, together with interest at the rate of 1.25% per month or fraction of a month and penalties
computed from the date the taxes were last payable without interest or penalty. Interest on any tax set forth in a
corrected or supplemental tax bill shall again begin to accrue 60 days after the date the corrected or supplemental tax
bill is issued at the rate of 1.25% per month or fraction of a month. Taxes levied in a corrected or supplemental tax bill
shall be returned as delinquent on the March 1 in the year immediately succeeding the year in which the corrected or
supplemental tax bill is issued. If the county treasurer or his or her designee or the county equalization director or his
or her designee denies an existing claim for exemption, the interest due shall be distributed as provided in subsection (23).
However, if the property has been transferred to a bona fide 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 fide purchaser, and the local tax collecting unit if the local tax collecting unit has
possession of the tax roll or the county treasurer if the county has possession of the tax roll shall notify the department
of treasury of the amount of tax due and interest through the date of that notification. The department of treasury shall
then assess the owner who claimed the exemption under this section for the tax and interest plus penalty accruing as
a result of the denial of the claim for exemption, if any, as for unpaid taxes provided under 1941 PA 122, MCL 205.1 to
205.31, and shall deposit any tax or penalty collected into the state school aid fund and shall distribute any interest
collected as provided in subsection (23). The department of treasury shall annually provide the county treasurer or his
or her designee or the county equalization director or his or her designee a list of parcels of property located in that
county for which an exemption may be erroneously claimed. The county treasurer or his or her designee or the county
equalization director or his or her designee shall forward copies of the list provided by the department of treasury to
each assessor in each local tax collecting unit in that county within 10 days of receiving the list.
(12) If a county elects to audit exemptions claimed under this section as provided in subsection (10), the county
treasurer or the county equalization director may enter into an agreement with the assessor of a local tax collecting unit
in that county regarding the implementation or administration of this section. The agreement may specify that for a
period of time, not to exceed 120 days, the county will not deny an exemption identified by the department of treasury
in the list provided under subsection (11).
(13) An owner may appeal a denial by the assessor of the local tax collecting unit under subsection (6), a final
decision of the department of treasury under subsection (8), or a denial by the county treasurer or his or her designee
or the county equalization director or his or her designee under subsection (11) to the residential and small claims
division of the Michigan tax tribunal within 35 days of that decision. An owner is not required to pay the amount of tax
in dispute in order to appeal a denial of a claim of exemption to the department of treasury or to receive a final
determination of the residential and small claims division of the Michigan tax tribunal. However, interest at the rate of
1.25% per month or fraction of a month and penalties shall accrue and be computed from the date the taxes were last
payable without interest and penalty. If the residential and small claims division of the Michigan tax tribunal grants an
owner�s appeal of a denial and that owner has paid the interest due as a result of a denial under subsection (6), (8),
or (11), the interest received after a distribution was made under subsection (23) shall be refunded.
(14) For taxes levied after December 31, 2005, for each county in which the county treasurer or the county equalization
director does not elect to audit the exemptions claimed under this section as provided in subsection (10), the department
of treasury shall conduct an annual audit of exemptions claimed under this section for the current calendar year.
(15) Except as otherwise provided in subsection (5), an affidavit filed by an owner for the exemption under this
section rescinds all previous exemptions filed by that owner for any other property. The department of treasury shall
notify the assessor of the local tax collecting unit in which the property for which a previous exemption was claimed is
located if the previous exemption is rescinded by the subsequent affidavit. When an exemption is rescinded, the
assessor of the local tax collecting unit shall remove the exemption effective December 31 of the year in which the
affidavit was filed that rescinded the exemption. For any year for which the rescinded exemption has not been removed
from the tax roll, the exemption shall be denied as provided in this section. However, interest and penalty shall not be
imposed for a year for which a rescission form has been timely filed under subsection (5).
(16) Except as otherwise provided in subsection (28), if the principal residence is part of a unit in a multiple-unit
dwelling or a dwelling unit in a multiple-purpose structure, an owner shall claim an exemption for only that portion of
the total taxable value of the property used as the principal residence of that owner in a manner prescribed by the
department of treasury. If a portion of a parcel for which the owner claims an exemption is used for a purpose other
than as a principal residence, the owner shall claim an exemption for only that portion of the taxable value of the
property used as the principal residence of that owner in a manner prescribed by the department of treasury.
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(17) When a county register of deeds records a transfer of ownership of a property, he or she shall notify the local
tax collecting unit in which the property is located of the transfer.
(18) The department of treasury shall make available the affidavit forms and the forms to rescind an exemption,
which may be on the same form, to all city and township assessors, county equalization officers, county registers of
deeds, and closing agents. A person who prepares a closing statement for the sale of property shall provide affidavit
and rescission forms to the buyer and seller at the closing and, if requested by the buyer or seller after execution by
the buyer or seller, shall file the forms with the local tax collecting unit in which the property is located. If a closing
statement preparer fails to provide exemption affidavit and rescission forms to the buyer and seller, or fails to file the
affidavit and rescission forms with the local tax collecting unit if requested by the buyer or seller, the buyer may appeal
to the department of treasury within 30 days of notice to the buyer that an exemption was not recorded. If the
department of treasury determines that the buyer qualifies for the exemption, the department of treasury shall notify
the assessor of the local tax collecting unit that the exemption is granted and the assessor of the local tax collecting unit
or, if the tax roll is in the possession of the county treasurer, the county treasurer shall correct the tax roll to reflect
the exemption. This subsection does not create a cause of action at law or in equity against a closing statement preparer
who fails to provide exemption affidavit and rescission forms to a buyer and seller or who fails to file the affidavit and
rescission forms with the local tax collecting unit when requested to do so by the buyer or seller.
(19) An owner who owned and occupied a principal residence on May 1 for which the exemption was not on the tax
roll may file an appeal with the July board of review or December board of review in the year for which the exemption
was claimed or the immediately succeeding 3 years. If an appeal of a claim for exemption that was not on the tax roll is
received not later than 5 days prior to the date of the December board of review, the local tax collecting unit shall
convene a December board of review and consider the appeal pursuant to this section and section 53b. For the 2008 tax
year only, an owner of property eligible for a conditional rescission under subsection (5) who did not file a conditional
rescission form prescribed by the department of treasury with the local tax collecting unit on or before May 1, 2008 may
file an appeal with the 2008 July board of review or 2008 December board of review to claim a conditional rescission for
the 2008 tax year. For the 2008 and 2009 tax years only, an owner of property classified as timber-cutover real property
adjoining or contiguous to that owner�s principal residence who did not claim an exemption for the property classified
as timber-cutover real property under this section before May 1, 2009 or whose claim for exemption under this section
for that property classified as timber-cutover real property was denied before May 1, 2009 may file an appeal with the
2009 December board of review or the 2010 July board of review to claim an exemption under this section for that
property classified as timber-cutover real property for the 2008 and 2009 tax years.
(20) If the assessor or treasurer of the local tax collecting unit believes that the department of treasury erroneously
denied a claim for exemption, the assessor or treasurer may submit written information supporting the owner�s claim
for exemption to the department of treasury within 35 days of the owner�s receipt of the notice denying the claim for
exemption. If, after reviewing the information provided, the department of treasury determines that the claim for
exemption was erroneously denied, the department of treasury shall grant the exemption and the tax roll shall be
amended to reflect the exemption.
(21) If granting the exemption under this section results in an overpayment of the tax, a rebate, including any
interest paid, shall be made to the taxpayer by the local tax collecting unit if the local tax collecting unit has possession
of the tax roll or by the county treasurer if the county has possession of the tax roll within 30 days of the date the
exemption is granted. The rebate shall be without interest. If an exemption for property classified as timber-cutover
real property is granted under this section for the 2008 or 2009 tax year, the tax roll shall be corrected and any
delinquent and unpaid penalty, interest, and tax resulting from that property not having been exempt under this section
for the 2008 or 2009 tax year shall be waived.
(22) If an exemption under this section is erroneously granted for an affidavit filed before October 1, 2003, an owner
may request in writing that the department of treasury withdraw the exemption. The request to withdraw the
exemption shall be received not later than November 1, 2003. If an owner requests that an exemption be withdrawn,
the department of treasury shall issue an order notifying the local assessor that the exemption issued under this section
has been denied based on the owner�s request. If an exemption is withdrawn, the property that had been subject to that
exemption shall be immediately placed on the tax roll by the local tax collecting unit if the local tax collecting unit has
possession of the tax roll or by the county treasurer if the county has possession of the tax roll as though the exemption
had not been granted. A corrected tax bill shall be issued for the tax year being adjusted by the local tax collecting unit
if the local tax collecting unit has possession of the tax roll or by the county treasurer if the county has possession of
the tax roll. Unless a denial has been issued prior to July 1, 2003, if an owner requests that an exemption under this
section be withdrawn and that owner pays the corrected tax bill issued under this subsection within 30 days after the
corrected tax bill is issued, that owner is not liable for any penalty or interest on the additional tax. An owner who pays
a corrected tax bill issued under this subsection more than 30 days after the corrected tax bill is issued is liable for the
penalties and interest that would have accrued if the exemption had not been granted from the date the taxes were
originally levied.
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(23) Subject to subsection (24), interest at the rate of 1.25% per month or fraction of a month collected under
subsection (6), (8), or (11) shall be distributed as follows:
(a) If the assessor of the local tax collecting unit denies the exemption under this section, as follows:
(i) To the local tax collecting unit, 70%.
(ii) To the department of treasury, 10%.
(iii) To the county in which the property is located, 20%.
(b) If the department of treasury denies the exemption under this section, as follows:
(i) To the local tax collecting unit, 20%.
(ii) To the department of treasury, 70%.
(iii) To the county in which the property is located, 10%.
(c) If the county treasurer or his or her designee or the county equalization director or his or her designee denies
the exemption under this section, as follows:
(i) To the local tax collecting unit, 20%.
(ii) To the department of treasury, 10%.
(iii) To the county in which the property is located, 70%.
(24) Interest distributed under subsection (23) is subject to the following conditions:
(a) Interest distributed to a county shall be deposited into a restricted fund to be used solely for the administration
of exemptions under this section. Money in that restricted fund shall lapse to the county general fund on the December 31
in the year 3 years after the first distribution of interest to the county under subsection (23) and on each succeeding
December 31 thereafter.
(b) Interest distributed to the department of treasury shall be deposited into the principal residence property tax
exemption audit fund, which is created within the state treasury. The state treasurer may receive money or other assets
from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state
treasurer shall credit to the fund interest and earnings from fund investments. Money in the fund shall be considered a
work project account and at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
Money from the fund shall be expended, upon appropriation, only for the purpose of auditing exemption affidavits.
(25) Interest distributed under subsection (23) is in addition to and shall not affect the levy or collection of the county
property tax administration fee established under this act.
(26) A cooperative housing corporation is entitled to a full or partial exemption under this section for the tax year
in which the cooperative housing corporation files all of the following with the local tax collecting unit in which the
cooperative housing corporation is located if filed on or before May 1:
(a) An affidavit form.
(b) A statement of the total number of units owned by the cooperative housing corporation and occupied as the
principal residence of a tenant stockholder as of the date of the filing under this subsection.
(c) A list that includes the name, address, and social security number of each tenant stockholder of the cooperative
housing corporation occupying a unit in the cooperative housing corporation as his or her principal residence as of the
date of the filing under this subsection.
(d) A statement of the total number of units of the cooperative housing corporation on which an exemption under
this section was claimed and that were transferred in the tax year immediately preceding the tax year in which the
filing under this section was made.
(27) Before May 1, 2004 and before May 1, 2005, the treasurer of each county shall forward to the department of
education a statement of the taxable value of each school district and fraction of a school district within the county for
the preceding 4 calendar years. This requirement is in addition to the requirement set forth in section 151 of the state
school aid act of 1979, 1979 PA 94, MCL 388.1751.
(28) For a parcel of property open and available for use as a bed and breakfast, the portion of the taxable value of
the property used as a principal residence under subsection (16) shall be calculated in the following manner:
(a) Add all of the following:
(i) The square footage of the property used exclusively as that owner�s principal residence.
(ii) 50% of the square footage of the property�s common area.
(iii) If the property was not open and available for use as a bed and breakfast for 90 or more consecutive days in the
immediately preceding 12-month period, the result of the following calculation:
(A) Add the square footage of the property that is open and available regularly and exclusively as a bed and
breakfast, and 50% of the square footage of the property�s common area.
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(B) Multiply the result of the calculation in sub-subparagraph (A) by a fraction, the numerator of which is the
number of consecutive days in the immediately preceding 12-month period that the property was not open and available
for use as a bed and breakfast and the denominator of which is 365.
(b) Divide the result of the calculation in subdivision (a) by the total square footage of the property.
(29) The owner claiming an exemption under this section for property open and available as a bed and breakfast shall
file an affidavit claiming the exemption on or before May 1 with the local tax collecting unit in which the property is
located. The affidavit shall be in a form prescribed by the department of treasury.
(30) As used in this section:
(a) �Bed and breakfast� means property classified as residential real property under section 34c that meets all of the
following criteria:
(i) Has 10 or fewer sleeping rooms, including sleeping rooms occupied by the owner of the property, 1 or more of
which are available for rent to transient tenants.
(ii) Serves meals at no extra cost to its transient tenants.
(iii) Has a smoke detector in proper working order in each sleeping room and a fire extinguisher in proper working
order on each floor.
(b) �Common area� includes, but is not limited to, a kitchen, dining room, living room, fitness room, porch, hallway,
laundry room, or bathroom that is available for use by guests of a bed and breakfast or, unless guests are specifically
prohibited from access to the area, an area that is used to provide a service to guests of a bed and breakfast.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor