On April 8, 2008, Governor Granholm signed House Bill 4215, enacting Public
Act 96 of 2008, which amended Section
211.7cc of the
General Property Tax Act, Public Act 206 of 1893. The amendment enables a person
who has established a new principal residence to retain a PRE on property
previously exempt as the owner's principal residence. The conditional rescission
allows an owner to receive a PRE on his or her current Michigan property and on
previously exempted property simultaneously if certain criteria are met. An
owner may receive the PRE on the previous principal residence for up to three
years if that property is not occupied, is for sale, is not leased and is not
used for any business or commercial purpose.
To initially qualify for a conditional rescission, the owner must submit a
Conditional Rescission of Principal
Residence Exemption, Form 4640 to the assessor for the city or township
in which the property is located on or before May 1 of the first year of the
claim. For example, to qualify for a PRE in 2009 under a conditional rescission,
the form must be submitted on or before May 1, 2009. The owner must annually
submit form 4640 on or before December 31 to verify to the assessor that the
property for which the PRE is retained is not occupied, is for sale, is not
leased and is not used for any business or commercial purpose. In the example
above, if the conditional rescission was approved for the 2009 tax year, the
owner would be required to submit a new form by December 31, 2009 to verify
qualifications for the 2010 tax year.
Conditional Rescission of
Principal Residence Exemption (PRE) Frequently Asked Questions
