Death & Survivor Benefits

Michigan Property Tax Exemption for a Surviving Spouse

The full exemption passes to an unremarried surviving spouse and, unusually, follows them to a house bought after the veteran died. The veteran must have been eligible immediately before death.

Also called: 211.7b, surviving spouse, unremarried, homestead acquired after death, full exemption, remarry.

For: Survivor.

Where it applies

Written for the jurisdictions listed here.

Section 211.7b(1)(b) exempts real property used and owned as a homestead by the surviving spouse of a disabled veteran who, immediately before death, was eligible for the exemption. The exemption continues as long as the surviving spouse does not remarry. The clause that makes this better than most states' is the last one in the subdivision: the exemption applies to any property used and owned as a homestead by the surviving spouse, including homestead property acquired after the decedent's death. A widow who sells the family house and buys a smaller one keeps the exemption on the new house. In most of the states in this catalog the surviving spouse benefit is tied to the house the veteran lived in, and moving ends it. The two conditions to watch. The veteran must have been eligible immediately before death, so a spouse whose husband or wife died with a claim still pending at VA is outside the subdivision, however the claim is later decided. And title must be held solely by the surviving spouse; 211.7b(4)(b)(ii) says so expressly, which is a narrower ownership test than the veteran's own, since the veteran may hold jointly with a spouse. Remarriage ends it. So does ceasing to use and own the property as a homestead, and the 45-day rescission duty in 211.7c applies to the surviving spouse in the same terms as to the veteran. Like the veteran's exemption, this one continues without reapplication as to taxes levied on or after January 1, 2025, and like the veteran's it is applied for after January 1 and before December 31 at the local assessing unit on a State Tax Commission form, with the application open to inspection. A separate and smaller benefit may also be available and is easy to miss because it lives in the income tax act rather than the property tax act. The homestead property tax credit in 206.522(1)(d) has its own definition of an eligible widow or widower in 206.506, under which the widow or widower of a veteran who died in service has a taxable value allowance of $4,500 with no disability percentage requirement at all. It is worth far less than the exemption, but it reaches a survivor who cannot meet the "eligible immediately before death" test here.

Thresholds

Thresholds for Michigan Property Tax Exemption for a Surviving Spouse
GateRule
The veteran must have been eligible immediately before deathThe exemption passes only where the deceased veteran was eligible under 211.7b immediately before death. A claim still pending at VA at the date of death does not satisfy this.
It moves with the spouse to a new houseThe exemption applies to any property used and owned as a homestead by the surviving spouse, including homestead property acquired after the decedent’s death.
Title solely in the surviving spouseSection 211.7b(4)(b)(ii) requires legal title to be held solely by the surviving spouse, which is narrower than the veteran’s own ownership test.
Remarriage ends it, and the 45-day rescission duty appliesThe exemption continues as long as the surviving spouse does not remarry. Remarriage, or ceasing to own and occupy, triggers the rescission duty in 211.7c within 45 days.

Sources

Legislation

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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

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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.