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.
- MichiganState
Thresholds
| Gate | Rule |
|---|---|
| The veteran must have been eligible immediately before death | The 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 house | 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. |
| Title solely in the surviving spouse | Section 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 applies | The 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
- Michigan Compiled Laws § 211.7bOfficial
- Michigan Compiled Laws § 206.506Official
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
- Introduced Done, , step 1 of 6
- In committee Done, , step 2 of 6
- Passed one chamber Done, , step 3 of 6
- Passed both chambers Done, , step 4 of 6
- Signed by the governor Done, , step 5 of 6
- In effect Done, , step 6 of 6
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granted as to taxes levied on or after January 1, 2025 remains in effect, without subsequent reapplication, until rescinded by the individual or denied by the assessor under the new section 7c.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. Santana
Touches MCL § 211.7b
Also touches
2023 PA 151 (Senate Bill 330) Created the audit, rescission and four-year clawback regime for the veteran exemption
- Introduced Done, , step 1 of 6
- In committee Done, , step 2 of 6
- Passed one chamber Done, , step 3 of 6
- Passed both chambers Done, , step 4 of 6
- Signed by the governor Done, , step 5 of 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 Cavanagh
Touches MCL § 211.7c
Also touches
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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.