Michigan Property Transfer Affidavit: Who Files It, When, and Which Family Transfers Keep the Tax Cap

Plain-English help with Treasury Form 2766, the filing that follows every Michigan quitclaim deed.

Last updated: September 14, 2026

Within 45 days after a Michigan property changes hands, the new owner files a Property Transfer Affidavit, Treasury Form 2766, with the assessor for the city or township where the property is located. It is not filed with the register of deeds, and recording the deed does not file it for you. The assessor uses it to decide whether the property's taxable value resets the next year, and filing late costs $5 a day, up to $200 for a home the new owner lives in and up to $4,000 for any other property.

A transfer to a spouse does not reset the taxable value. Neither does a transfer of residential property to a parent, child, brother, sister, or grandchild, as long as the property is not used for any commercial purpose afterward, such as renting it out. A deed into a trust keeps the cap as well when the trust's only present beneficiary is the owner or the owner's spouse, or, for such a home, one of those relatives. The affidavit is still filed, because it is where the exemption is claimed. This page explains what the form does, who files it and where, what it asks, the penalty, and each transfer that keeps the cap. The Michigan quitclaim deed page has the deed itself, and our transfer tax exemptions page covers the separate tax paid at recording.

What the Affidavit Does

Michigan taxes property on its taxable value, and taxable value is capped. Each year it can rise by no more than 5 percent or the rate of inflation, whichever is lower, plus the value of any additions. The cap holds for as long as the same owner keeps the property. When the property has a transfer of ownership, the cap comes off: in the calendar year after the transfer, the taxable value is set to the property's state equalized value, which is half of its true cash value, and the cap starts over from there. Assessors call that uncapping.

For a house owned a long time, uncapping can be the biggest cost of the transfer. A home bought in 1998 may carry a taxable value far below half its market value today; the year after a deed to a new owner, the tax bill is figured on the higher number. The affidavit is how the assessor learns a transfer happened, when, between whom, and for what, and whether one of the statute's exceptions applies. The State Tax Commission's guidelines say the form was designed to be filed even when no uncapping should follow, so the assessor does not uncap by mistake.

Who Files It, Where, and When

The statute puts the duty on the buyer, grantee, or other transferee: the person who received the property. After a quitclaim deed from a parent to a child, the child files. After a deed into a trust, the trustee files for the trust. Where an interest in a company that owns property changes hands, the company or the buyer files. The filing goes to the assessing office of the city or township where the property is located, and the form itself says so in its first lines. A village lies inside a township, so the township assessor is usually the one, and the form asks you to name the city, township, or village.

The deadline is 45 days from the transfer, which for a deed is the date it was signed and delivered, not the date it was recorded. The register of deeds also reports recorded deeds to assessors at least once a month, but that report does not satisfy the owner's duty and does not stop the penalty. The affidavit is a public record; the form states that the information on it is not confidential. There is no filing fee.

What Form 2766 Asks For

The form is one page, with instructions and the statute's own words on the second. It asks for the property's street address and county; the date of the transfer, or the date a land contract was signed; whether the property is in a city, township, or village, and which one; the purchase price; the seller's name; the parcel identification number, which is on the tax bill and the assessment notice, or the legal description if you do not have the number; and the buyer's name, mailing address, and phone number. Items 10 through 15 are optional and cover the type of transfer, whether the parties are related, and how the purchase was financed. Filling them in can save a letter from the assessor.

Below that is the exemptions section, a checklist of the transfers that do not uncap. If yours is one of them, check the box and, for the family exemption, name the seller and buyer and their relationship. The new owner signs and certifies that the information is true. If someone other than the owner signs, the form asks for their name and title. A separate affidavit is filed for each parcel.

The Penalty for Filing Late or Not at All

If the new owner does not notify the assessor within 45 days, the statute directs the assessor to uncap the property and to levy three things: the additional taxes that would have been billed from the date of the transfer, interest and penalty on them from the date they would have been due, and a daily penalty for the late affidavit itself. For residential and other property that is not commercial or industrial, the daily penalty is $5 for each day after the 45th, up to $200 for property the new owner owns and occupies as a principal residence and up to $4,000 for any other property. The $4,000 ceiling came in with a 2024 act, effective April 2, 2025; before that every parcel stopped at $200. Commercial and industrial property carries $20 a day up to $1,000, or a flat $20,000 on a sale over $100 million.

The local city or township board may waive the daily penalty by resolution. The back taxes and interest are not waived. If the property has since been deeded on to someone who did file, the amounts are not a lien on the property; they become the personal liability of the owner who failed to file. An owner who receives a notice of uncapping may appeal to the Michigan Tax Tribunal within 35 days, but only on whether a transfer of ownership happened or on an arithmetic error, not on the property's value.

The Transfers That Do Not Uncap

The statute defines a transfer of ownership as a conveyance of title or of a present interest in property, by deed, land contract, trust, will, or long lease, and then lists the transfers that do not count. The ones a quitclaim deed runs into are these.

Two Things the Affidavit Does Not Cover

The affidavit is about property taxes going forward. It has nothing to do with the transfer tax the register of deeds collects when the deed is recorded, which has its own two statutes and its own exemption lists; a deed can be exempt from transfer tax and still be a transfer of ownership, and the other way around. Our Michigan transfer tax exemptions page covers that tax.

It also does not carry the principal residence exemption to the new owner. That exemption removes most of the school operating tax from a home its owner lives in, and it belongs to the person who claimed it. A new owner who will live in the home files Treasury Form 2368 with the same assessor, by June 1 for the summer tax bill or by November 1 for the winter bill. The seller who moved out rescinds their claim within 90 days on Form 2602. Skipping the first form means paying the full school tax until it is filed.

Three Examples

Michigan Property Transfer Affidavit — Common Questions

Is the Property Transfer Affidavit the same thing as recording the deed?

No. The deed is recorded with the county register of deeds, which puts the transfer in the land records. The Property Transfer Affidavit is filed by the new owner with the assessor for the city or township, within 45 days, and it tells the assessor whether the property's taxable value should reset. The register reports recorded deeds to assessors monthly, but that report does not take the place of the affidavit and does not stop the penalty.

Who files Form 2766 after a quitclaim deed from a parent to a child?

The child, as the new owner, files it with the assessor for the city or township where the house is located, within 45 days of the deed. The child checks the exemption box for a transfer between certain family members and names the parent and the relationship. If the house is residential and the child does not use it for a commercial purpose, the taxable value does not reset.

What happens if I file the Property Transfer Affidavit late?

The assessor uncaps the property if the transfer was one that uncaps, bills the additional tax from the date of the transfer with interest, and adds $5 for each day after the 45th, up to $200 for a home you own and occupy as your principal residence and up to $4,000 for any other property. The city or township board may waive the daily penalty by resolution. If you sold the property on before the assessor caught up, the amounts are your personal liability rather than a lien on the property.

Does a deed to my child uncap the property taxes in Michigan?

Not if the property is classified residential and your child does not use it for a commercial purpose afterward. The exemption covers a transfer to your or your spouse's mother, father, brother, sister, son, daughter, adopted son, adopted daughter, grandson, or granddaughter, and a deed to your child and the child's spouse together qualifies as well. Renting the house out after the transfer is a commercial purpose, and the assessor may ask your child for proof of the relationship within 30 days.

Do I still file the affidavit if my transfer is exempt from uncapping?

Yes. The State Tax Commission's guidelines say the affidavit must be filed only when a transfer is a transfer of ownership, and the exempt transfers are ones the statute says are not. But the assessor will see the recorded deed and has no other way to know the exemption applies. The Commission says the form was designed to be filed in exactly that case, and encourages owners to file it, because a filed affidavit with the exemption box checked is what keeps the assessor from uncapping by mistake.

🛟 Need Help With Your Michigan Deed and Affidavit?

The affidavit is the step people miss, because nothing at the register's counter mentions it and the penalty arrives a year later on the tax bill. If you would rather not track two filings in two offices, a deed preparation service can prepare the deed from your answers, but it doesn’t give legal advice or file anything, so choosing the exemption box and filing the affidavit are still up to you. If you use a prepared Michigan deed form, check whether the affidavit and its instructions come with it.

Learn more about available options on our Quitclaim Deed Help page.

Official Sources

Michigan's laws are collected in the Michigan Compiled Laws, and a citation such as MCL 211.27a is an address: the chapter number, then the section within it. Each links to the section on the Legislature's website, or to the agency's own document, and opens in a new tab.

Deadlines and penalty amounts checked against the Michigan Compiled Laws and Treasury Form 2766 on September 4, 2026.