Housing

Michigan Disabled Veteran Property Tax Exemption

The entire homestead comes off the tax roll, with no ceiling on value. Three routes in, and since taxes levied on or after January 1, 2025 the exemption continues without reapplying.

Also called: property tax, 211.7b, Dannie Lee Barnes, full exemption, specially adapted housing, individually unemployable, Form 5107, December 31.

For: Veteran or service member, survivor.

Where it applies

Written for the jurisdictions listed here.

Section 211.7b exempts real property used and owned as a homestead by a disabled veteran from the collection of taxes under the General Property Tax Act. Not a share of the value and not a credit against the bill: the whole homestead comes off the roll. On a $400,000 house in a township levying 40 mills that is roughly eight thousand dollars a year, and there is no ceiling of any kind. It is the largest single benefit in the Michigan file and, measured in dollars, one of the largest in this catalog. Three routes in, and only the first is the one everybody quotes. A disabled veteran is a Michigan resident who has been determined by VA to be permanently and totally disabled as a result of military service and entitled to veterans' benefits at the 100% rate; or who holds a VA certificate showing receipt of pecuniary assistance for specially adapted housing; or who has been rated by VA as individually unemployable. The second route reaches a veteran who received an SAH grant, which is a different determination from a rating. The third asks only for an unemployability rating and, unlike South Dakota's equivalent, attaches no permanence requirement to it. The Department of Treasury's own landing page for the program still describes it as "a property tax exemption for 100% Disabled Veterans" and cites P.A. 161 of 2013. Neither the specially adapted housing route nor the unemployability route appears in that sentence, and both are in the statute. The veteran definition here is narrower than Michigan's general one. Section 211.7b(4)(c) says an individual who served in the United States Armed Forces, including the reserve components, and was discharged or released under honorable conditions. The state's uniform definition in 35.61 says "other than dishonorable", which is wider. A general discharge under honorable conditions qualifies for this exemption; an other than honorable discharge does not, although it would still make the person a veteran for most other Michigan purposes. Ownership is defined tightly. For the veteran, legal title must be held solely by the veteran or jointly by the veteran and the veteran's spouse. A house in a trust, or co-owned with an adult child, falls outside the definition. Filing. The application goes to the assessing officer for the local assessing unit after January 1 and before December 31 of the calendar year claimed, on a form prescribed by the State Tax Commission. That is an unusually long window and it closes at the end of the tax year rather than in the spring. The application when filed is open to inspection, which is the opposite of the South Dakota rule and means a neighbour can read it. The change that matters most recently. Before 2023 this exemption had to be claimed again every single year. Section 211.7b(2) as amended by 2023 PA 150 provides that an exemption granted as to taxes levied on or after January 1, 2025 remains in effect, without subsequent reapplication, until it is rescinded by the individual or denied by the assessor under section 7c. Guidance written before October 2023 tells veterans to refile annually, and a veteran who believes it will lose the exemption by not refiling. Who pays for it is the sentence that explains everything else. Upon granting the exemption, each local taxing unit shall bear the loss of its portion of the taxes. There is no state reimbursement, so the township, the county, the school district and the library each simply collect less. That is why Michigan assessors scrutinise these claims, why the 2023 legislation paired the no-reapplication rule with a mandatory audit program, and why the proration rules in subsection (3) are as detailed as they are. Proration in the year of purchase or sale. Where the veteran does not own and occupy for the whole tax year, the exemption is prorated by one of three methods: from the closing documents, which the veteran must supply with the application; or by dividing the year's taxes by 365 and multiplying by the days of qualifying ownership; or, on removal, from the date of the conveyance. There is no refund of taxes not levied in the current year that the buyer paid to the seller at closing.

Thresholds

Thresholds for Michigan Disabled Veteran Property Tax Exemption
GateRule
Permanently and totally disabled at the 100% rateSection 211.7b(4)(a) gives three routes and this catalog can test two of them. The first route is a VA determination of permanent and total disability from military service with entitlement to benefits at the 100% rate.
Permanence is part of the first routeThe statute says "permanently and totally disabled", so a total rating VA has not made permanent does not satisfy this route. The unemployability route below is the way in for a veteran without a permanence finding.
Individually unemployable, with no permanence requiredThe second route is a rating by VA as individually unemployable. Michigan attaches no permanence requirement to it, which is the difference from South Dakota, where unemployability opens the equivalent benefit only when VA has also found it permanent.
A specially adapted housing certificate is the third routeA VA certificate certifying that the veteran is receiving or has received pecuniary assistance due to disability for specially adapted housing qualifies on its own. It is an award rather than a rating, so a rating filter cannot test it.
Discharged or released under honorable conditionsSection 211.7b(4)(c) requires a discharge or release under honorable conditions, which is narrower than the "other than dishonorable" standard in Michigan’s uniform definition at 35.61. Reserve component service counts.
Title held by the veteran alone or with a spouseFor the veteran, legal title must be held solely by the veteran or jointly by the veteran and the veteran’s spouse. Property held in a trust or co-owned with anyone else is outside the definition of "owned".
File after January 1 and before December 31, and it is publicThe application goes to the local assessing officer on a State Tax Commission form within the calendar year claimed. The application when filed is open to inspection.
No reapplication for taxes levied on or after January 1, 2025An exemption granted as to taxes levied on or after January 1, 2025 continues without reapplication until rescinded by the veteran or denied by the assessor under 211.7c. The annual refiling that older guidance describes is no longer required.

Sources

Legislation

Law the tracker is watching for this entry. See the legislation tracker for every jurisdiction.

2023 PA 150 (Senate Bill 176) Ended annual reapplication for the disabled veteran property tax exemption

Catalog reconciledEnactedScope changed

Signed

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Expands benefits Ends annual reapplication for the disabled veteran property tax exemption once it is granted.

Amended MCL 211.7b so that an exemption granted as to taxes levied on or after January 1, 2025 remains in effect, without subsequent reapplication, until rescinded by the individual or denied by the assessor under the new section 7c. The act also added the proration rules in subsection (3) for a year in which the veteran does not own and occupy the homestead for the whole year, and extended the surviving spouse exemption to a homestead acquired after the veteran’s death. Tracked because guidance written before October 2023 tells veterans to refile every year, and a veteran who believes it may stop filing under the impression the exemption has lapsed, or keep filing in the belief it is required. Immediate effect October 19, 2023.

Sponsor

  • Sylvia A. SantanaSenate, District 2

Touches MCL § 211.7b

Official record

2023 PA 151 (Senate Bill 330) Created the audit, rescission and four-year clawback regime for the veteran exemption

Catalog reconciledEnactedProgram createdScope changed

Signed

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Restricts benefits Created an audit and rescission duty for the veteran exemption with a four-year clawback of erroneous exemptions.

Created MCL 211.7c, the other half of the bargain that ended annual reapplication. The individual must file a rescission form within 45 days of ceasing to own and occupy the homestead or of no longer qualifying, which includes a VA rating change. Each local assessing unit must implement a State Tax Commission audit program covering all information filed, auditing a property no more than once every three years absent a reasonable belief of ineligibility. An assessor may deny a claim for the current year and the three immediately preceding calendar years, with interest at 1 percent per month, and a denial is appealable to the residential and small claims division of the Tax Tribunal within 35 days of the notice. Tracked because the continuing exemption is widely reported and the continuing duty that came with it is not. Immediate effect October 19, 2023.

Sponsor

  • Mary CavanaghSenate, District 6

Touches MCL § 211.7c

Official record

Updated

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.