AngryCorvair (Forum Supporter) said:
MI resident pays 6% on "bill of sale" price when the car is over 10 years old (IIRC it's 10 years, but there's definitely a cutoff). if newer than whatever that cutoff is, then it's 6% on some reference price used by the secretary of state. probably KBB or some variant thereof.
That's the first I've heard of anything like that and had to look it up. From the way it's worded on the SOS website, they're supposed to take 6% from whatever is higher between the stated sale price or a "fair market value", but no mention of any specific year cut off. However it sounds like they take 6% from the sale price at the time of transfer, and then it's up to the Treasury Department to determine what is higher and then collect and possibly penalize the purchaser for the difference:
Although the Secretary of State collects 6% tax when the title is transferred, final determination of the tax owed on vehicle transfers is made by the Michigan Department of Treasury. The tax rate is 6% of the purchase price or the retail value at the time of transfer, whichever is greater.
If Treasury's determination of tax liability differs from the amount collected when the title was transferred, the purchaser must pay the difference plus interest and possible penalty.
Found a 5 year old article about the whole thing too: https://www.crainsdetroit.com/article/20150120/NEWS01/150129984/audit-michigan-may-be-losing-taxes-in-used-vehicle-sales
Secretary of State spokesman Fred Woodhams said it's up to Michigan's tax agency, the Treasury Department, to later determine if a sales price or value doesn't appear reasonable.
"We don't inspect the vehicle for damage or how the mechanical parts are operating," Woodhams said. "It doesn't make sense for staff at the counter to ascertain the value. We accept the sale price as reported."
Spokesman Terry Stanton said he's barred by law from disclosing how often the Treasury Department challenges a used car deal. He said the department relies on the Secretary of State to flag a sale that looks fishy.
"We do not have staff whose sole responsibility is checking this documentation. ... We are working with (the Secretary of State) to develop a process that would better ensure appropriate collection of use tax on such sales," Stanton said.
I'm guessing they probably still operate that way? I know lots of guys here in MI that are habitual title sale price liars and/or buy broken cars of varying ages (IE one who buys/fixes/flips abused newish Subaru's off the top of my head) and have never heard of anyone knowingly running into this.
I had a conversation with the lady behind the counter at the SOS the last time I did a title transfer that started with her questioning my low sale price. Then she said nevermind because she initially thought the fee number on the title was for cars with an MSRP well over $100k. She then basically told me they really only look for super egregious low numbers in relation to the age of the vehicle and/or that fee number. I think she told me they're far more concerned about people frauding the tax exemption for transfers between family members (which IIRC is a new thing within the last decade) than they are people being dishonest with the sale price.