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Public Acts 261-264 of 2017 - Personal Property Changes for 2018

P.A. 261-264 changes the deadline for filing the Small Business Taxpayer exemption to February 20, 2019  and changed Form 5076 from an Affidavit to a Statement. This allows the assessor to accept either a facsimile or electronic signature on Form 5076.   

P.A. 261-264 also changed the statute to allow assessors to accept a postmark by February 20, 2019 for Form 5278 to claim the EMPP exemption

PERSONAL PROPERTY QUESTIONS AND ANSWERS - State Tax Commission

New Personal Property Exemption (PA 328 of 1998, as amended)

Personal Property Tax Exemptions


NOTICE - If you had assessable personal property in your possession on December 31, each year, you must submit a completed Form L-4175 to the assessor of the local unit where the property is located by the statutory due date, even if the assessor does not send you a form to complete.

2019 Personal Property Statement - Deadline filing date February 20, 2019

2019 Affidavit to Claim Small Business Tax Exemption Under MCL 211.9o - Deadline filing date February 20, 2019

(IMPORTANT INFORMATION: This affidavit will exempt property owned only by the entity filing the affidavit. If personal property is leased to or used by an entity other than the property’s owner, the owner of that personal property must file the affidavit for that property, not the lessee or the user. The owner may file the affidavit and claim the exemption only if the True Cash Value of all of the commercial or industrial personal property located within the city or township that is owned by, leased to, or in the possession of the owner or a related entity was less than $80,000 on December 31, "tax day" each year. Filing deadline February 20th.

MCL 211.9o

(2) An owner of eligible personal property shall claim the exemption under this section by annually filing an affidavit with the local tax collecting unit in which the eligible personal property is located not later than February 10 in each tax year. The affidavit shall be in a form prescribed by the state tax commission and shall include any address where any property owned by, leased to, or in the possession of that owner or a related entity is located within that local tax collecting unit. The affidavit shall require the owner to attest that the combined true cash value of all industrial personal property and commercial personal property in that local tax collecting unit owned by, leased to, or in the possession of that owner or a related entity on December 31 of the immediately preceding year is less than $80,000.00.

(6) If a person fraudulently claims an exemption for personal property under this section, that person is subject to the penalties provided for in section 21(2).

As a business owner you are required to file if you were in business as of December 31, each year.  It is your obligation to complete the Personal Property Statement or Affidavit and submit to your local assessing office - whether a statement was mailed to you or not.  

NOTICE: This form is issued under authority of the General Property Tax Act. Filing is mandatory. Failure to file may result in imprisonment for a period not less than thirty days, nor more than six months; a fine not less than $100, nor more than $1,000; or both fine and imprisonment at the discretion of the court. See MCL 211.21.

CAUTION: Read these instructions carefully before completing the form. Complete all sections. Because this form has been coded, it is imperative that it be returned to assure proper processing. If all of the personal property formerly in your possession has been removed from this assessing unit before December 31, each year, you must notify the assessor at once in order to change the records accordingly.  This statement is subject to audit by State Tax Commission, County Equalization Department or Assessor.

Failure to file this form by its due date will jeopardize your right to file a Section 154 appeal with the State Tax Commission.  You are advised to make a copy of the completed statement for your records. This form must be filed in the city or township where the personal property is located on December 31, each year.

Personal Property Frequently Asked Questions - State of Michigan

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In an ongoing effort to make the state a more attractive place for businesses to invest and grow, Michigan began phasing out its Personal Property Taxes for most businesses beginning in 2013.

Businesses claiming the personal property tax exemption will instead be subject to a statewide special assessment, ranging from 0.9 to 2.4 mills, to fund essential services levied by local governments. Additional property tax abatements available to Michigan businesses include:

  • locally-negotiated abatements, including 100% new personal property exemptions available in specified communities for qualified commercial businesses. PA 328 Fact Sheet  
  • 50% abatements for up to 12 years on real property for industrial processors and "high tech" companies. PA 198 Fact Sheet 
  • abatements up to 100% for rehabilitation projects. PA 198 Fact Sheet 

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ESA Topics: Industrial Processing 

Eligible Manufacturing Personal Property (EMPP) is defined as all personal property located on occupied real property if that personal property is predominantly used in industrial processing or direct integrated support.

This ESA topic will focus on Industrial Processing.

For information about Essential Services Assessment (ESA), and additional ESA Topics, visit the ESA website at www.michigan.gov/esa.  ____________________________________________________________________________________

 

This page last updated on 9/10/2018.