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The Michigan L 4258 form, also known as the Real Estate Transfer Tax Valuation Affidavit, plays a crucial role in real estate transactions within the state. When a seller opts not to disclose the sale amount on the deed, this form becomes necessary. It serves as a declaration of the property's value and ensures compliance with state tax regulations. The form must be filled out by either the seller or an authorized agent, capturing essential details such as the county and city of the property, names and addresses of both the seller and purchaser, and the type and date of the document involved in the transaction. Additionally, it requires information on cash payments, mortgage amounts, and the total consideration for the property. If the sale price is less than the market value, the seller must provide that market value as well. The form concludes with a certification statement that the information is accurate, requiring the seller's signature and notarization to validate the submission. This form is vital for ensuring that all parties involved in the transaction fulfill their tax obligations and maintain transparency in real estate dealings.

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Michigan Department of Treasury

L-4258 (Rev. 3/95)

REAL ESTATE TRANSFER TAX VALUATION AFFIDAVIT

This form is issued under authority of P.A. 134 of 1966 and 330 of 1993 as amended.

This form must be filed when you choose not to enter the amount paid for real estate on the deed. It is not necessary when the amount paid is entered on the deed. This form must be completed and signed by either the seller or his/her authorized agent.

1. County of Property

3. Seller's Name and Mailing Address

2. City or Township of Property

4. Purchaser's Name and Mailing Address

5. Type and Date of Document

Land Contract

Date:

DeedDate:

10. If consideration is less than market value, state market value.

6. Cash Payment

$

8. Amount of Mortgage/Land Contract

$

11. Total Consideration (Add lines 6&8)

7.Amount of County Tax

9.Amount of State Tax

12. Total Revenue Stamps

13. Legal Description of Real Estate Transferred

I certify that the information above is true and complete to the best of my knowledge.

Seller's Signature

If signer is other than the seller, print name and title.

NOTARIZATION

Subscribed and sworn to me:

Notary Public

State of Michigan; County of:

on this date

My commission expires on:

Form Specifications

Fact Name Details
Governing Laws This form is issued under P.A. 134 of 1966 and P.A. 330 of 1993, as amended.
Purpose The L-4258 form must be filed when the amount paid for real estate is not entered on the deed.
Who Completes the Form Either the seller or an authorized agent must complete and sign the form.
Required Information Information about the property, seller, purchaser, and financial details must be provided.
Market Value Disclosure If the consideration is less than market value, the market value must be stated.
Notarization Requirement The form requires notarization to validate the information provided.
Filing Deadline Submit the form at the time of the property transfer to ensure compliance.

Michigan L 4258: Usage Guidelines

Filling out the Michigan L 4258 form is an essential step when opting not to include the amount paid for real estate on the deed. This form must be completed accurately to ensure compliance with state regulations.

  1. Begin by entering the County of Property in the designated field.
  2. Next, fill in the City or Township of Property.
  3. Provide the Seller's Name and Mailing Address in the appropriate section.
  4. Then, enter the Purchaser's Name and Mailing Address.
  5. Indicate the Type and Date of Document by selecting either "Land Contract" or "Deed" and providing the respective date.
  6. List the Cash Payment amount in the designated field.
  7. Enter the Amount of Mortgage/Land Contract in the next field.
  8. If the consideration is less than market value, state the market value in the appropriate section.
  9. Calculate the Total Consideration by adding the amounts from the Cash Payment and Amount of Mortgage/Land Contract.
  10. Fill in the Amount of County Tax and Amount of State Tax.
  11. Calculate the Total Revenue Stamps based on the taxes entered.
  12. Provide the Legal Description of Real Estate Transferred.
  13. Sign the form in the Seller's Signature section. If someone else is signing, print their name and title.
  14. Finally, complete the Notarization section by having a Notary Public witness your signature and fill in the required information.

Your Questions, Answered

What is the Michigan L 4258 form?

The Michigan L 4258 form, also known as the Real Estate Transfer Tax Valuation Affidavit, is a document required by the Michigan Department of Treasury. It is used when the seller chooses not to disclose the sale price of real estate on the deed. Instead, this form provides the necessary valuation information to assess the appropriate transfer taxes. It helps ensure compliance with state laws regarding real estate transactions.

When do I need to file the L 4258 form?

You must file the L 4258 form if you decide not to enter the amount paid for real estate on the deed. If you do include the sale price on the deed, then this form is not necessary. It’s important to complete and submit the L 4258 to avoid any potential issues with tax assessments or legal requirements.

Who is responsible for completing the form?

The form must be completed and signed by either the seller or an authorized agent acting on behalf of the seller. This ensures that the information provided is accurate and reflects the seller's knowledge of the transaction.

What information do I need to provide on the form?

When filling out the L 4258 form, you’ll need to provide several key pieces of information. This includes the county and city or township where the property is located, the names and mailing addresses of both the seller and purchaser, the type and date of the document (such as a deed or land contract), and financial details such as cash payment, mortgage amount, and total consideration. Additionally, if the consideration is less than the market value, you must state the market value.

Is notarization required for the L 4258 form?

Yes, notarization is required. The seller or authorized agent must sign the form in front of a notary public. This adds a layer of authenticity and helps ensure that the information provided is truthful and complete. The notary will also provide their information, including their commission expiration date, on the form.

What happens if I do not file the L 4258 form when required?

If you fail to file the L 4258 form when it is necessary, you may face penalties or complications during the property transfer process. This could lead to issues with tax assessments or potential legal disputes. To avoid these problems, it is crucial to understand when the form is needed and to complete it accurately.

Where can I obtain the Michigan L 4258 form?

The L 4258 form can be obtained from the Michigan Department of Treasury's website or through your local county clerk's office. It is often available in both physical and digital formats, making it easy to access and complete for your real estate transaction.

Common mistakes

  1. Failing to include the County of Property. This information is crucial for processing the form correctly.

  2. Not providing the City or Township of Property. This detail helps identify the location of the real estate.

  3. Leaving out the Seller's Name and Mailing Address. This information is necessary for communication and record-keeping.

  4. Omitting the Purchaser's Name and Mailing Address. This can lead to delays in the transfer process.

  5. Incorrectly filling in the Type and Date of Document. Ensure the dates are accurate to avoid complications.

  6. Not stating the market value if the consideration is less than it. This is important for tax purposes.

  7. Forgetting to calculate the Total Consideration by adding the cash payment and the amount of mortgage/land contract. This total is vital for tax calculations.

  8. Neglecting to sign the form. The seller or authorized agent must sign to validate the information provided.

Documents used along the form

The Michigan L-4258 form serves a specific purpose in the realm of real estate transactions. However, several other documents are often utilized alongside it to ensure compliance and facilitate the transfer process. Below is a list of these essential forms and documents.

  • Deed: This legal document transfers ownership of real property from one party to another. It outlines the rights and interests being conveyed and is recorded with the county to provide public notice of the transaction.
  • Affidavit of Value: This document provides a sworn statement regarding the value of the property being transferred. It is often required to confirm the sale price for tax purposes.
  • Property Transfer Affidavit: Similar to the L-4258 form, this affidavit is filed to report the sale price of a property to the local tax assessor. It helps in determining property taxes based on the sale value.
  • Closing Statement: This document summarizes the financial aspects of the real estate transaction, including the purchase price, closing costs, and any adjustments made at closing.
  • Title Insurance Policy: This policy protects the buyer and lender from any issues related to the title of the property. It ensures that the title is clear and free from disputes or claims.
  • Land Contract: This is an agreement between the buyer and seller for the sale of property where the seller finances the purchase. The buyer makes payments over time while the seller retains legal title until paid in full.
  • Notarization Form: Required for many real estate documents, this form verifies the identity of the signer and the authenticity of their signature, ensuring the document is legally binding.
  • Transfer Tax Return: This form is used to report the transfer of property and calculate the transfer taxes owed to the state and local government, ensuring compliance with tax regulations.

Each of these documents plays a vital role in the real estate transaction process. Ensuring that they are correctly completed and filed can help prevent legal issues and facilitate a smooth transfer of property ownership.

Similar forms

  • Form L-4260: Affidavit of Transfer Tax - Similar to the L-4258, this form is used to report the transfer of real estate and includes information about the property and the parties involved. It also requires signatures and may need notarization.
  • Form L-4261: Statement of Value - This document provides a detailed account of the value of the property being transferred. Like the L-4258, it is necessary when the sale price is not recorded on the deed.
  • Form L-4262: Real Estate Transfer Tax Exemption Affidavit - This form is used to claim an exemption from transfer taxes. It requires similar property details and signatures, making it comparable to the L-4258 in its purpose of documenting real estate transactions.
  • Form L-4263: Transfer Tax Return - This return is filed to report the transfer of real property and includes information about the transaction. It shares the same goal of ensuring compliance with transfer tax regulations, much like the L-4258.
  • Form L-4264: Property Transfer Affidavit - This affidavit is used to report changes in property ownership. It requires the same type of information regarding the property and the parties involved, aligning closely with the requirements of the L-4258.

Dos and Don'ts

When filling out the Michigan L 4258 form, there are several important dos and don'ts to keep in mind. This will help ensure that your submission is accurate and accepted without delays.

  • Do ensure that all required fields are filled out completely.
  • Do include the correct names and addresses for both the seller and purchaser.
  • Do provide the total consideration accurately by adding cash payment and mortgage amounts.
  • Do sign the form yourself or have an authorized agent sign it.
  • Don't leave any sections blank; incomplete forms may be rejected.
  • Don't forget to notarize the document if required.
  • Don't use vague descriptions for the legal description of the property.
  • Don't underestimate the market value if the consideration is less than it.

By following these guidelines, you can help ensure that your Michigan L 4258 form is processed smoothly and efficiently.

Misconceptions

Understanding the Michigan L 4258 form can be challenging. Here are nine common misconceptions about this form, along with clarifications to help clear up any confusion.

  1. It’s only for certain types of properties. Many believe the L 4258 form applies only to residential properties. In reality, it is required for all real estate transactions, regardless of the property type.
  2. You must always file this form. Some people think that the L 4258 form is necessary for every transaction. However, it is only needed when the amount paid for the property is not included on the deed.
  3. Only the seller can complete the form. There’s a misconception that only the seller is allowed to fill out the L 4258. In fact, the seller or an authorized agent can complete and sign the form.
  4. The form is optional. Many assume that filing the L 4258 is optional if they don’t want to disclose the sale price. This is incorrect; it is required when the sale price is not listed on the deed.
  5. It’s only about taxes. Some think the L 4258 solely pertains to tax calculations. While it does involve tax information, it also serves to provide a valuation of the property being transferred.
  6. Notarization is not necessary. There is a belief that notarization is not required for the L 4258. However, the form must be notarized to be valid.
  7. Filing is the buyer's responsibility. Many believe it’s the buyer’s job to file this form. In reality, it’s the seller or their agent who is responsible for completing and submitting it.
  8. All information can be estimated. Some individuals think they can estimate values on the form. The law requires accurate and truthful information, especially regarding market value.
  9. It can be filed anytime after the sale. There’s a misconception that the L 4258 can be submitted at any point after the transaction. The form must be filed at the time of the deed recording.

By addressing these misconceptions, individuals can better navigate the requirements of the Michigan L 4258 form and ensure compliance with state regulations.

Key takeaways

When filling out and using the Michigan L 4258 form, keep these key takeaways in mind:

  • This form is necessary when you choose not to enter the amount paid for real estate on the deed.
  • It is not required if the purchase amount is included on the deed itself.
  • The form must be completed and signed by either the seller or their authorized agent.
  • Ensure you provide accurate details for the county and city or township of the property.
  • Include the seller's name and mailing address, as well as the purchaser's name and mailing address.
  • Indicate the type and date of the document, such as a land contract or deed.
  • If the consideration is less than market value, be sure to state the market value.
  • Calculate the total consideration by adding the cash payment and the amount of the mortgage or land contract.
  • Don't forget to have the form notarized to validate the information provided.

Completing this form accurately is crucial for a smooth real estate transaction in Michigan.