Sec. 9n.
(1) Beginning December 31, 2015 and each year thereafter, qualified previously existing personal property for which an exemption has been properly claimed under subsection (2) is exempt from the collection of taxes under this act.
(2) A person shall claim the exemption under this section by filing an affidavit with the assessor of the township or city in which the qualified previously existing personal property is located as provided in subsection (3). The affidavit shall be in a form prescribed by the state tax commission. An affidavit claiming an exemption under this section applies to all existing and subsequently acquired qualified previously existing personal property. The assessor of the township or city shall annually transmit the affidavits filed, or the information contained in the affidavits filed, under this section, and other parcel information required by the department of treasury, to the department of treasury in the form and in the manner prescribed by the department of treasury no later than April 1. A person claiming an exemption under this section shall rescind the claim of exemption by December 31 of the year in which exempted property is no longer eligible for the exemption by filing with the assessor of the township or city a rescission affidavit in a form prescribed by the state tax commission. The assessor of the township or city shall annually transmit the rescission affidavits filed, or the information contained in the rescission affidavits filed, under this section to the department of treasury in the form and in the manner prescribed by the department of treasury no later than April 1.
(3) If a person claiming an exemption under this section has not filed an affidavit under this section in any prior year with the assessor of the township or city in which the qualified previously existing personal property is located claiming an exemption for that qualified previously existing personal property, that person shall file the affidavit described under subsection (2) with that assessor not later than February 20 of the first year for which the person is claiming the exemption for that qualified previously existing personal property in the township or city in a manner provided by section 7(8) of the state essential services assessment act, 2014 PA 92, MCL 211.1057. If an affidavit claiming the exemption for qualified previously existing personal property under this section is filed as provided in this subsection and the person claiming an exemption for that qualified previously existing personal property complied with section 19(9) with respect to that qualified previously existing personal property in 2015, or if the filing requirement under section 19(9) was not applicable because the qualified previously existing personal property was acquired in 2015 or later, the person claiming the exemption under this section is not required to also file a statement under section 19 for that qualified previously existing personal property in the first year for which the exemption is claimed or in any subsequent year. If an affidavit claiming the exemption for qualified previously existing personal property under this section is filed as provided in this subsection but the person claiming the exemption under this section did not comply with section 19(9) with respect to that qualified previously existing personal property in 2015, the person claiming the exemption under this section shall file a statement under section 19 for that qualified previously existing personal property in the first year for which the person is claiming an exemption for that qualified previously existing personal property, but the person is not required to file a statement under section 19 for that qualified previously existing personal property in any subsequent year. If a person claiming an exemption for qualified previously existing personal property has not filed an affidavit as required under this section, that person's qualified previously existing personal property is subject to the collection of taxes under this act and that person shall file a statement under section 19.
(4) If the assessor of the township or city believes that personal property for which an affidavit claiming an exemption is filed under subsection (2) is not qualified previously existing personal property, the assessor may deny that claim for exemption by notifying the person that filed the affidavit in writing of the reason for the denial and advising the person that the denial may be appealed to the board of review under section 30 or 53b. The assessor may deny a claim for exemption under this subsection for the current year only. If the assessor denies a claim for exemption, the assessor shall remove the exemption of that personal property and amend the tax roll to reflect the denial and the local treasurer shall within 30 days of the date of the denial issue a corrected tax bill for any additional taxes.
(5) A person claiming an exemption for qualified previously existing personal property exempt under this section shall maintain books and records and shall provide access to those books and records as provided in section 22.
(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).
(7) As used in this section:
(a) "Direct integrated support", "eligible manufacturing personal property", and "industrial processing" mean those terms as defined in section 9m.
(b) "Person" means an individual, partnership, corporation, association, limited liability company, or any other legal entity.
(c) "Qualified previously existing personal property" means personal property that meets both of the following conditions:
(i) Is eligible manufacturing personal property.
(ii) Was first placed in service within this state or outside this state more than 10 years before the current calendar year.
History: Add. 2012, Act 403, Eff. Mar. 28, 2013 ;-- Am. 2013, Act 154, Imd. Eff. Nov. 5, 2013 ;-- Am. 2015, Act 119, Imd. Eff. July 10, 2015
Last modified: October 10, 2016