September 9, 2008, Introduced by Reps. Tobocman, Sak, Stahl, Jackson and Rick Jones and referred to the Committee on Tax Policy.
A bill to amend 2005 PA 210, entitled
"Commercial rehabilitation act,"
by amending section 10 (MCL 207.850).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (1) There is levied upon every owner of a qualified
facility to which a commercial rehabilitation exemption certificate
is issued a specific tax to be known as the commercial
rehabilitation tax.
(2)
The Except as otherwise
provided in subsection (8), the
amount of the commercial rehabilitation tax, in each year, shall be
determined by adding the results of both of the following
calculations:
(a) Multiplying the total mills levied as ad valorem taxes for
that year by all taxing units within which the qualified facility
is located by the taxable value of the real and personal property
of the qualified facility on the December 31 immediately preceding
the effective date of the commercial rehabilitation exemption
certificate after deducting the taxable valuation of the land and
of 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, for the tax year immediately preceding
the effective date of the commercial rehabilitation exemption
certificate.
(b) Multiplying the mills levied for school operating purposes
for that year under the revised school code, 1976 PA 451, MCL 380.1
to 380.1852, and the state education tax act, 1993 PA 331, MCL
211.901 to 211.906, by the taxable value of the real and personal
property of the qualified facility, after deducting all of the
following:
(i) The taxable value of the land and of the 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.
(ii) The taxable value used to calculate the tax under
subdivision (a).
(3) The commercial rehabilitation tax is an annual tax,
payable at the same times, in the same installments, and to the
same officer or officers as taxes imposed under the general
property
tax act, 1893 PA 206, MCL 211.1 to 211.157 211.155,
are
payable. Except as otherwise provided in this section, the officer
or officers shall disburse the commercial rehabilitation tax
payments received by the officer or officers each year to and among
this state, cities, school districts, counties, and authorities, at
the same times and in the same proportions as required by law for
the disbursement of taxes collected under the general property tax
act,
1893 PA 206, MCL 211.1 to 211.157 211.155.
(4) For intermediate school districts receiving state aid
under sections 56, 62, and 81 of the state school aid act of 1979,
1979 PA 94, MCL 388.1656, 388.1662, and 388.1681, of the amount of
commercial rehabilitation tax that would otherwise be disbursed to
an intermediate school district, all or a portion, to be determined
on the basis of the tax rates being utilized to compute the amount
of state aid, shall be paid to the state treasury to the credit of
the state school aid fund established by section 11 of article IX
of the state constitution of 1963.
(5) The amount of commercial rehabilitation tax described in
subsection
subsections (2)(a) and
(8)(a) that would otherwise be
disbursed to a local school district for school operating purposes,
and
all of the amount described in subsection subsections (2)(b)
and (8)(b), shall be paid instead to the state treasury and
credited to the state school aid fund established by section 11 of
article IX of the state constitution of 1963.
(6) The officer or officers shall send a copy of the amount of
disbursement made to each unit under this section to the commission
on a form provided by the commission.
(7) A qualified facility located in a renaissance zone under
the Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 to
125.2696, is exempt from the commercial rehabilitation tax levied
under this act to the extent and for the duration provided pursuant
to the Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 to
125.2696, except for that portion of the commercial rehabilitation
tax attributable to a special assessment or a tax described in
section 7ff(2) of the general property tax act, 1893 PA 206, MCL
211.7ff. The commercial rehabilitation tax calculated under this
subsection shall be disbursed proportionately to the taxing unit or
units that levied the special assessment or the tax described in
section 7ff(2) of the general property tax act, 1893 PA 206, MCL
211.7ff.
(8) The amount of the commercial rehabilitation tax for a
qualified retail food establishment, in each year, shall be
determined by adding the results of both of the following
calculations:
(a) Multiplying the total mills levied as ad valorem taxes for
that year by all taxing units within which the qualified facility
is located by the taxable value of the real and personal property
of the qualified facility on the December 31 immediately preceding
the rehabilitation after deducting the taxable valuation of the
land and of 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, for the tax year
immediately preceding the rehabilitation.
(b) Multiplying the mills levied for school operating purposes
for that year under the revised school code, 1976 PA 451, MCL 380.1
to 380.1852, and the state education tax act, 1993 PA 331, MCL
211.901 to 211.906, by the taxable value of the real and personal
property of the qualified retail food establishment, after
deducting all of the following:
(i) The taxable value of the land and of the 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.
(ii) The taxable value used to calculate the tax under
subdivision (a).