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Outline

The Michigan Exemption form, officially known as the Department of Treasury Form 5076, serves as a critical tool for small businesses seeking relief from personal property taxes. This form must be submitted to the local unit of government—either a city or township—where the personal property is situated. It is essential to note that the form is not to be sent to the Michigan Department of Treasury or the Michigan State Tax Commission. To qualify for the Small Business Property Tax Exemption, the combined true cash value of the eligible personal property must be less than $80,000 as of December 31, 2021. The form requires detailed information about the business, including the owner's name, contact details, and a description of the business activities. Timeliness is crucial; the form must be filed by February 22, 2022, although late submissions can be made directly to the March Board of Review, provided they are submitted before the board closes. Completeness is equally important, as any omissions can lead to denial of the exemption. Furthermore, businesses must maintain accurate records for audit purposes, ensuring compliance with state regulations. This exemption is particularly beneficial for small businesses, allowing them to allocate resources more effectively while fostering growth and sustainability.

Sample - Michigan Exemption Form

Michigan Department of Treasury 5076 (Rev. 11-22)

Parcel Number

2023

Small Business Property Tax Exemption Claim Under MCL 211.9o

This form is to be filed with the local unit (City or Township) where the personal property is located. Please contact the local unit where the personal property is located for their mailing address. This form IS NOT to be mailed to the Michigan Department of Treasury or

Michigan State Tax Commission. This form must be filed no later than February 21, 2023 (postmark is acceptable). Late filed forms may be filed directly with the 2023 March Board of Review prior to the closure of the March Board.

This form must be filled out in it’s entirety. Failure to fill out the form completely can be cause for denial of the exemption. Taxpayers should pay particular attention to including contact information, including phone number and email address.

General Information

Business Name

Name and Mailing Address of Owner(s) or Partners (if sole proprietorship or partnership) - attach a separate sheet if necessary

Name of Local Unit of Government

 

County Where the Property is Located

City:______________________ Township:______________________ Village:______________________

 

 

 

 

Parcel Number

Assumed Name(s) Used by Legal Entity (if any)

Owner Telephone Number

Date Business Began in Local Tax Collecting Unit

Description of Owner’s Business Activity

Name, Telephone Number and Email Address of the Person in Charge of Personal Property Records

Address Where Personal Property Records are Kept

Names of all other businesses having personal property, including any leasehold improvements assessed as personal property at the location(s) included in this form. (Attach additional sheets as necessary.)

List all addresses where any personal property owned by, leased to, or in the possession of the owner listed above or a related entity is located within the local tax collecting unit. (Attach additional sheets as necessary.)

Value of Personal Property

The True Cash Value of all Personal Property, as defined by MCL 211.9o, located within the local tax collecting unit indicated above, that is owned by, leased to, or in the possession of the owner or related entity, was less than $80,000 on December 31, 2022. (Enter value at right.)

Value of Personal Property

The True Cash Value of all Personal Property, as defined by MCL 211.9o, located within the local tax

Value of Personal Property

collecting unit indicated above, that is owned by, leased to, or in the possession of the owner or related

 

entity, was equal to or greater than $80,000 and less than $180,000 on December 31, 2022. (If checked,

 

 

attach a copy of Form 632, “2023 Personal Property Statement,” to this form. Enter value at right.)

 

The undersigned certifies that:

1.I am the owner of the commercial personal property and/or industrial personal property being claimed as exempt or I am the duly authorized agent.

2.The following procedures were used to determine that the True Cash Value of the Eligible Personal Property on December 31, 2022:

a)The determination of True Cash Value was based on the State Tax Commission’s recommended valuation procedures as set forth on Form 632 (L-4175), “Personal Property Statement.”

b)The determination of True Cash Value includes all assessable personal property, located within the city or township listed on this form that is owned by, leased to, or in the possession of the owner or related entity. This shall include all trade fixtures and may include leasehold improvements not assessed as real property. Attach an explanation if not all personal property is included.

3.I understand that according to MCL 211.9o, I am required to maintain and provide access to books and records for audit purposes as provided in section 22.

4.All of the information contained within Form 5076 is true and accurate and to the best of my knowledge and belief, and I acknowledge a fraudulent claim for exemption under MCL 211.9o is subject to the penalties as provided for in section 21(2).

Printed Name

Title

Signature

Date

LOCAL UNIT USE

Date Received

5076, Page 2

Instructions for Small Business Property Tax Exemption Claim Under

MCL 211.9o (Form 5076)

MCL 211.9o provides for a personal property tax exemption for “eligible personal property.” This is commonly referred to as the

Small Business Taxpayer Exemption. MCL 211.9o defines “eligible personal property” as meeting all of the following criteria:

The personal property must be classified as industrial personal property or commercial personal property as defined in MCL 211.34c or would be classified as industrial personal property or commercial personal property if not exempt and

The combined true cash value of all industrial personal property and commercial personal property owned by, leased by or in the possession of the owner or a related entity claiming the exemption is less than $180,000 in the local tax collecting unit and

The property is not leased to or used by a person that previously owned the property or a person that, directly or indirectly controls, is controlled by, or under common control with the person that previously owned the property.

Personal Property Valued Less than $80,000

In order to claim an exemption for personal property valued less than $80,000, this form must be filed with the local unit (City or Township) where the personal property is located no later than February 21, 2023 (postmark is acceptable). This form IS NOT to be mailed to the Michigan Department of Treasury or the Michigan State Tax Commission. Please contact the local unit where the personal property is located for their mailing address. Late filed forms may be filed directly with the local unit March Board of Review prior to the closure of the March Board of Review. Taxpayers must contact the local unit directly to determine the March Board of Review dates.

Taxpayers must appear in person or have a representative appear on their behalf in order to late file with the March Board of Review.

Once the exemption is granted for personal property valued at less than $80,000, the taxpayer will continue to receive the exemption until they no longer qualify for the exemption. Once they no longer qualify, the taxpayer is required to file a rescission form and a personal property statement no later than February 20th of the year that the property is no longer eligible. Failure to file the rescission form will result in significant penalty and interest as prescribed in MCL 211.9o.

This form will exempt property owned only by the entity filing the form. 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 form for that property, not the lessee or the user. The owner may file the form and claim the exemption only if the True Cash Value of all of the commercial or industrial personal property located within the local tax collecting unit 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, 2022.

This form must be filled out in it’s entirety. Failure to fill out the form completely can be cause for denial of the exemption. Taxpayers should pay particular attention to including contact information, including phone number and email address.

Once an exemption is granted for personal property valued at less than $80,000, taxpayers are not required to file a “Personal Property Statement” (Form 632) in the year they are claiming the exemption.

Personal Property Valued Greater than or Equal to $80,000 but Less than $180,000

In order to claim an exemption for personal property valued at $80,000 or more but less than $180,000, this form along Form 632 Personal Property Statement must be filed ANNUALLY with the local unit (City or Township) where the personal property is located no later than February 20 of each year (postmark is acceptable). If February 20 is a Saturday, Sunday, or legal holiday, this form and accompanying personal property statement must be filed the next day that is not a Saturday, Sunday, or legal holiday of that year. This form IS NOT to be mailed to the Michigan Department of Treasury or the Michigan State Tax Commission. Please contact the local unit where the personal property is located for their mailing address. Late filed forms may be filed directly with the local unit March Board of Review prior to the closure of the March Board of Review. Taxpayers must contact the local unit directly to determine the March Board of Review dates.

NOTICE: Questions regarding this form should be directed to the assessor of the city or township where the personal property is located. This form is issued under the authority of Public Act 206 of 1893. Additional detailed information on the Small Business Taxpayer Personal Property Exemption can be found on the State Tax Commission website at www.michigan.gov/ statetaxcommission.

Form Information

Fact Name Details
Form Title Michigan Department of Treasury 5076 (Rev. 07-21)
Purpose This form is used to claim the Small Business Property Tax Exemption under MCL 211.9o.
Filing Deadline Forms must be filed by February 22, 2022. Late submissions can be made to the March Board of Review.
Governing Law The exemption is governed by MCL 211.9o, which outlines eligibility criteria for personal property tax exemptions.
Eligibility Criteria Eligible personal property must have a true cash value of less than $80,000 as of December 31, 2021.
Filing Location Submit the form to the local unit (City or Township) where the personal property is located.
Contact Information Include complete contact details, such as phone number and email, to avoid denial of the exemption.

Detailed Guide for Filling Out Michigan Exemption

Completing the Michigan Exemption form involves providing specific information about your business and personal property. It is essential to fill out the form accurately and completely to ensure that your exemption claim is processed without issues. Below are the steps to guide you through the process of filling out the form.

  1. Obtain the Michigan Exemption form (Form 5076) from your local city or township office or download it from the Michigan Department of Treasury website.
  2. Fill in the Business Name at the top of the form.
  3. Provide the Name and Mailing Address of the owner(s) or partners. If necessary, attach a separate sheet for additional names.
  4. Indicate the Name of Local Unit of Government where the property is located.
  5. Specify the County where the property is located.
  6. Complete the City, Township, and Village fields as applicable.
  7. Enter the Parcel Number associated with the property.
  8. List any Assumed Name(s) used by the legal entity, if applicable.
  9. Provide the Owner Telephone Number.
  10. Indicate the Date Business Began in the local tax collecting unit.
  11. Describe the Owner’s Business Activity in a few words.
  12. Fill in the Name, Telephone Number, and Email Address of the person in charge of personal property records.
  13. Provide the Address Where Personal Property Records are Kept.
  14. List the names of all other businesses that have personal property at the location. Attach additional sheets if necessary.
  15. Detail all addresses where personal property owned, leased, or in possession of the owner is located within the local tax collecting unit. Attach additional sheets if needed.
  16. Review the certification section and ensure you meet all requirements. Confirm you are the owner or authorized agent of the property.
  17. Check the True Cash Value of all personal property is less than $80,000 as of December 31, 2021, and provide an explanation if not all property is included.
  18. Sign and date the form in the designated area.
  19. Submit the completed form to the local unit (City or Township) where the personal property is located by the deadline.

Obtain Answers on Michigan Exemption

  1. What is the Michigan Exemption form?

    The Michigan Exemption form, officially known as Form 5076, is used by small businesses to claim a property tax exemption on eligible personal property. This exemption is available under MCL 211.9o, which allows businesses with a True Cash Value of less than $80,000 to potentially avoid paying personal property taxes.

  2. Who needs to file this form?

    Any small business owner who has commercial or industrial personal property located within a local tax collecting unit in Michigan may need to file this form. If your business's personal property meets the eligibility criteria, you should complete and submit this form to claim the exemption.

  3. When is the deadline for filing the form?

    The form must be filed no later than February 22, 2022, and it’s important to note that a postmark is acceptable. If you miss this deadline, you may still file a late claim directly with the March Board of Review before it closes. However, you or a representative must appear in person to do so.

  4. Where do I submit the form?

    This form should be submitted to the local unit of government—either a city or township—where your personal property is located. Do not send it to the Michigan Department of Treasury or the Michigan State Tax Commission. For the correct mailing address, you should contact your local unit directly.

  5. What happens if I don’t fill out the form completely?

    It’s crucial to fill out the Michigan Exemption form in its entirety. If any section is left incomplete, it could lead to the denial of your exemption claim. Pay special attention to include all necessary contact information, such as your phone number and email address.

  6. What if my business no longer qualifies for the exemption?

    If your business no longer meets the criteria for the exemption, you are required to file a rescission form and a personal property statement by February 20th of the year in which you become ineligible. Failing to do so can result in significant penalties and interest on any additional taxes owed.

  7. Do I need to file a Personal Property Statement if I file this form?

    No, if you file Form 5076, you are not required to submit a Personal Property Statement (Form 632) for that year. This simplifies the process for small businesses claiming the exemption, allowing them to focus on their operations without the added paperwork burden.

Common mistakes

Completing the Michigan Exemption Form can be a straightforward process, but several common mistakes can lead to complications or denial of the exemption. Awareness of these potential pitfalls is essential for a successful submission.

One frequent error is failing to provide complete information. The form requires detailed contact information, including a phone number and email address. Omitting any of these details can result in delays or denial of the exemption. It is crucial to ensure that all sections of the form are filled out thoroughly and accurately.

Another mistake often made is missing the filing deadline. The form must be submitted to the local unit by February 22, 2022. Late submissions can only be accepted under specific circumstances, such as during the March Board of Review. If individuals do not adhere to this timeline, they risk losing the opportunity for exemption.

Many applicants also overlook the requirement to attach additional sheets when necessary. If the business has multiple locations or additional partners, it is important to provide that information clearly. Not including these attachments can lead to incomplete submissions, which may be grounds for denial.

Additionally, some individuals misunderstand the eligibility criteria for the exemption. The combined true cash value of all personal property must be less than $80,000. Failing to accurately assess the value of the property can result in an incorrect claim. It is advisable to review the valuation procedures carefully to ensure compliance.

Lastly, some applicants may not fully understand the implications of filing a fraudulent claim. The form includes a certification that all information is true and accurate. Misrepresentation can lead to significant penalties. It is vital to ensure that all information provided is correct and reflective of the actual circumstances.

Documents used along the form

The Michigan Exemption form is an essential document for small businesses seeking a property tax exemption. However, it is often accompanied by other forms and documents that help clarify the exemption process. Below is a list of additional documents commonly used alongside the Michigan Exemption form.

  • Personal Property Statement (Form 632): This form provides a detailed account of all personal property owned, leased, or in possession of the taxpayer. Although not required in the year of exemption filing, it may be necessary for record-keeping and future assessments.
  • Rescission Form: If a business no longer qualifies for the exemption, this form must be filed to officially notify the local unit of government. It must be submitted by February 20 of the year the property becomes ineligible to avoid penalties.
  • March Board of Review Application: If a taxpayer needs to file a late exemption claim, this application allows them to present their case to the local March Board of Review. It is crucial for those who miss the initial filing deadline.
  • Audit Records: While not a formal document, maintaining access to audit records is required. These records may include financial statements and property valuations that support the claim for exemption and ensure compliance with state regulations.

Understanding these documents can help small business owners navigate the exemption process more effectively. Proper preparation and timely submission can lead to significant tax savings and compliance with state requirements.

Similar forms

The Michigan Exemption form shares similarities with several other documents used in tax exemption claims and personal property assessments. Below are four such documents, each highlighting their similarities:

  • Personal Property Statement (Form 632): This document is required for reporting personal property owned by a business. Like the Michigan Exemption form, it requires detailed information about the property and its value. However, taxpayers who file the Michigan Exemption form are not required to submit this statement in the year they claim the exemption.
  • Property Tax Exemption Application (Form 4026): This application is used for claiming a property tax exemption on specific types of property. Both forms require the applicant to provide information about the property and the owner, and both must be filed with the local unit of government.
  • Commercial Personal Property Exemption Claim (Form 5077): Similar to the Michigan Exemption form, this document is specifically designed for commercial personal property tax exemptions. It also requires the submission to the local unit and includes information about the property’s value and the owner’s business activities.
  • Local Tax Collecting Unit Affidavit: This affidavit is often needed to verify the status of a property in relation to tax exemptions. Like the Michigan Exemption form, it requires accurate reporting of property details and is submitted to the local tax authority.

Dos and Don'ts

When filling out the Michigan Exemption form, it is important to adhere to specific guidelines to ensure the process goes smoothly. Below is a list of things to do and avoid.

  • Do fill out the form completely, ensuring all required fields are addressed.
  • Do provide accurate contact information, including phone number and email address.
  • Do submit the form to the local unit (City or Township) where the personal property is located by the deadline.
  • Do keep copies of all documents submitted for your records.
  • Don't mail the form to the Michigan Department of Treasury or Michigan State Tax Commission.
  • Don't submit the form after the deadline without consulting the local unit about the late filing process.
  • Don't omit any information, as incomplete forms may lead to denial of the exemption.
  • Don't forget to attach additional sheets if necessary for providing complete information.

Misconceptions

Misconceptions about the Michigan Exemption form can lead to confusion and missed opportunities for small business owners. Here are four common misunderstandings:

  • It must be sent to the Michigan Department of Treasury. Many believe that the Michigan Exemption form should be mailed to the state department. In reality, it must be filed with the local unit (City or Township) where the personal property is located. This is crucial to ensure proper processing.
  • Late filings are not allowed. Some individuals think that if they miss the February 22 deadline, they cannot submit the form at all. However, late forms can still be filed directly with the March Board of Review before it closes, allowing some flexibility for taxpayers.
  • Only large businesses can qualify for the exemption. There is a misconception that only bigger companies can benefit from this exemption. In fact, small businesses with a combined true cash value of less than $80,000 for their personal property can qualify, making it accessible for many.
  • Filling out the form partially is acceptable. Some people think that submitting an incomplete form will suffice. This is not the case. The form must be filled out completely, as failure to do so can result in denial of the exemption. Attention to detail is essential.

Understanding these misconceptions can help ensure that small business owners navigate the exemption process successfully and take advantage of the benefits available to them.

Key takeaways

When filling out and using the Michigan Exemption form, it is essential to understand the key aspects to ensure a smooth process. Below are important takeaways regarding the Michigan Exemption form:

  • This form is officially known as the Michigan Department of Treasury 5076 and is specifically for claiming the Small Business Property Tax Exemption.
  • It must be submitted to the local unit of government (City or Township) where the personal property is located.
  • Do not mail this form to the Michigan Department of Treasury or the Michigan State Tax Commission.
  • The deadline for filing the form is February 22, 2022, and a postmark is acceptable.
  • If the form is submitted late, it can be filed directly with the March Board of Review before it closes.
  • Completing the form in its entirety is crucial; incomplete submissions can lead to denial of the exemption.
  • Include all necessary contact information, such as phone numbers and email addresses, to facilitate communication.
  • The form requires a declaration that the True Cash Value of the personal property is less than $80,000 as of December 31, 2021.
  • Once granted, the exemption remains in effect until the taxpayer no longer qualifies, at which point a rescission form must be filed.
  • Failure to file the rescission form may result in penalties, including repayment of additional taxes with interest.

Understanding these key points can help navigate the process of claiming the Small Business Property Tax Exemption effectively. For any questions, reach out to the local assessor for assistance.