Michigan Laws 207.846 – Commercial rehabilitation exemption certificate; issuance; form; contents; effective date; maintenance of record and copies
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws 207.846
- certificate: means the certificate issued under section 6. See Michigan Laws 207.842
- Commission: means the state tax commission created by 1927 PA 360, MCL 209. See Michigan Laws 207.842
- Personal property: All property that is not real property.
- Qualified facility: means a qualified retail food establishment or a building or group of contiguous buildings of commercial property that is 15 years old or older or has been allocated for a new markets tax credit under section 45D of the internal revenue code, 26 USC 45D. See Michigan Laws 207.842
- Qualified local governmental unit: means a city, village, or township. See Michigan Laws 207.842
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Rehabilitation: means changes to a qualified facility that are required to restore or modify the property, together with all appurtenances, to an economically efficient condition. See Michigan Laws 207.842
- Taxable value: means the value determined under section 27a of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 207.842
(1) Not more than 60 days after receipt of a copy of the application and resolution adopted under section 5, the commission shall approve or disapprove the resolution.
(2) Following approval of the application by the legislative body of the qualified local governmental unit and the commission, the commission shall issue to the applicant a commercial rehabilitation exemption certificate in the form the commission determines, which shall contain all of the following:
(a) A legal description of the real property on which the qualified facility is located.
(b) A statement that unless revoked as provided in this act the certificate shall remain in force for the period stated in the certificate.
(c) A statement of the taxable value of the qualified facility, separately stated for real and personal property, for the tax year immediately preceding the effective date of the certificate after deducting the taxable value of the land and personal property other than personal property assessed pursuant to sections 8(d) and 14(6) of the general property tax act, 1893 PA 206, MCL 211.8 and 211.14.
(d) A statement of the period of time authorized by the legislative body of the qualified local governmental unit within which the rehabilitation shall be completed.
(e) If the period of time authorized by the legislative body of the qualified local governmental unit pursuant to subdivision (b) is less than 10 years, the exemption certificate shall contain the factors, criteria, and objectives, as determined by the resolution of the qualified local governmental unit, necessary for extending the period of time, if any.
(3) Except as otherwise provided in section 8(4), the effective date of the certificate is the December 31 immediately following the date of issuance of the certificate.
(4) The commission shall file with the clerk of the qualified local governmental unit a copy of the commercial rehabilitation exemption certificate, and the commission shall maintain a record of all certificates filed. The commission shall also send, by certified mail, a copy of the commercial rehabilitation exemption certificate to the applicant and the assessor of the local tax collecting unit in which the qualified facility is located.