Bill Text: MI SB1060 | 2011-2012 | 96th Legislature | Engrossed


Bill Title: Property tax; other; qualified forest property recapture tax; revise. Amends sec. 4 of 2006 PA 379 (MCL 211.1034).

Spectrum: Partisan Bill (Republican 4-0)

Status: (Engrossed - Dead) 2012-09-20 - Referred To Committee On Natural Resources, Tourism, And Outdoor Recreation [SB1060 Detail]

Download: Michigan-2011-SB1060-Engrossed.html

SB-1060, As Passed Senate, September 20, 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1060

 

 

March 29, 2012, Introduced by Senators BOOHER, GREEN, BRANDENBURG and CASPERSON and referred to the Committee on Natural Resources, Environment and Great Lakes.

 

 

 

     A bill to amend 2006 PA 379, entitled

 

"Qualified forest property recapture tax act,"

 

by amending section 4 (MCL 211.1034).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. The recapture tax under this act shall be imposed at

 

the following rate:

 

     (a) If the property is converted by a change in use and there

 

have not been 1 or more harvests of forest products on that

 

property consistent with the approved forest management plan, the

 

recapture tax shall be calculated in the following manner:

 

     (i) Multiply the property's state equalized valuation taxable

 

value at the time the property is converted by a change in use by

 

the total millage rate levied by all taxing units in the local tax

 

collecting unit in which the property is located.the number of

 

operating mills levied by the local school district in which the


 

property is located under section 1211 of the revised school code,

 

1976 PA 451, MCL 380.1211.

 

     (ii) Multiply the product of the calculation under subparagraph

 

(i) by 7.the number of years the property had been exempt as

 

qualified forest property under section 7jj of the general property

 

tax act, 1893 PA 206, MCL 211.7jj[1], before the property was

 

converted by a change in use, not to exceed the 7 years immediately

 

preceding the year in which the qualified forest property is

 

converted by a change in use.

 

     (iii) Multiply the product of the calculation under subparagraph

 

(ii) by 2.

 

     (b) If the property is converted by a change in use and there

 

have been 1 or more harvests of forest products on that property

 

consistent with the approved forest management plan, the recapture

 

tax shall be calculated in the following manner:

 

     (i) Multiply the property's state equalized valuation taxable

 

value at the time the property is converted by a change in use by

 

the total millage rate levied by all taxing units in the local tax

 

collecting unit in which the property is located.the number of

 

operating mills levied by the local school district in which the

 

property is located under section 1211 of the revised school code,

 

1976 PA 451, MCL 380.1211.

 

     (ii) Multiply the product of the calculation under subparagraph

 

(i) by 7.the number of years the property had been exempt as

 

qualified forest property under section 7jj of the general property

 

tax act, 1893 PA 206, MCL 211.7jj[1], before the property was

 

converted by a change in use, not to exceed the 7 years immediately


 

preceding the year in which the qualified forest property is

 

converted by a change in use.

 

     (c) In addition to the recapture tax calculated under

 

subdivision (a) or (b), if property is converted by a change in use

 

and the taxable value of the property was not adjusted under

 

section 27a(3) of the general property tax act, 1893 PA 206, MCL

 

211.27a, after a transfer of ownership of the property due to the

 

provisions of section 27a(7)(o) of the general property tax act,

 

1893 PA 206, MCL 211.27a, the recapture tax shall include the

 

benefit received on that property.

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