Form 2796 at a glance
What it is: Form 2796 is the Michigan Department of Treasury Application for State Real Estate Transfer Tax (SRETT) Refund.
Who signs: This form must be fully completed and signed by all claimants. Type or print in blue or black ink.
Issued under authority of Public Act 330 of 1993. When a principal residence is sold, State Real Estate Transfer Tax (SRETT) must be paid to the County Treasurer. If the Seller, or the Buyer who paid SRETT on behalf of the seller (under "u"), later believes that the sale or transfer of the property qualifies for exemption under MCL 207.526 (see Page 2), a request for a refund of the SRETT may be made by filing this completed form with the Michigan Department of Treasury along with the required documentation (see Part 4). Submit copies of all documentation as originals will not be returned.
To qualify for a refund of the SRETT under "u" (1) a principal residence exemption must have been claimed by the seller or transferor, and (2) the state equalized value (SEV) at the time of sale must have been equal to or less than the SEV on: the first Tax Day after a certificate of occupancy was issued or the date of the seller's acquisition of the property, whichever was later, and (3) the transaction must have been for a price at which a willing buyer and a willing seller would have arrived through an arms-length negotiation.
What to bring and attach to Form 2796
If claiming exemption under "u," the Claimant(s) must submit all of the following: 1. Proof of SRETT paid to the Register of Deeds at the time the property was sold (either a copy of a RECORDED DEED with real estate transfer tax stamp affixed by the county Register of Deeds OR form 2705 (L-4258), Real Estate Transfer Tax Valuation Affidavit validated by the county Register of Deeds and an official receipt from the county treasurer), 2. Copy of the claimant's final, signed HUD-1 Settlement Statement, Closing Disclosure Statement, or Settlement Statement clearly indicating that the claimant incurred the SRETT. 3. Proof of the original date of purchase/date of acquisition of the property, 4. Proof of SEV of the property on the date of original purchase/acquisition, 5. Proof of the SEV of the property in the year of sale.
A filled-in Form 2796 example: a seller asks for a refund
How to fill out Form 2796, box by box
Part 1: Identification
Under PART 1: IDENTIFICATION, enter the names of all claimants exactly as listed on the recorded deed, and the Social Security Number or Federal ID Number(s) of all claimants.
Enter the Mailing Address for Correspondence and/or Refund Check, then the City and State, ZIP Code and Telephone Number.
Part 2: Basis for exemption
Under PART 2: BASIS FOR EXEMPTION, enter the exemption being claimed under PA 330 of 1993, as amended, and the Amount of SRETT Refund Requested (State Tax Only).
Part 3: Recorded deed
Under PART 3: RECORDED DEED, enter the Date of Transfer of Property (MM/DD/YYYY), the Tax Parcel/Sidwell ID Number, the Taxing Entity (City, Township, Village) and the County.
More rules for Form 2796
Signatures of all claimants exactly as listed on the RECORDED DEED, and the Date.
Common questions about Form 2796
Who signs it?
This form must be fully completed and signed by all claimants. Type or print in blue or black ink.
Is there a deadline?
This form and required documents must be filed within four years and 15 days from the date of sale or transfer of the property.
Where do I file it?
Mail or fax this completed application and copies of supporting documentation to: Michigan Department of Treasury, Special Taxes Division, Miscellaneous Taxes and Fees/SRETT, PO Box 30781, Lansing MI 48909. Fax: 517-636-4593.
What am I certifying when I sign?
"I declare under penalty of perjury that the information on this form and attachments is true and complete to the best of my knowledge." A typed name in the signature field will be accepted. Typing your name in the signature field constitutes your signature.
Sources
[1] Form 2796 (Rev. 01-23), Application for State Real Estate Transfer Tax (SRETT) Refund, Michigan Department of Treasury (the Official source link on this page).