Tell Your Senators Today to Oppose or Slow Down on Personal Property Tax Bill

The Michigan Municipal League needs your help to oppose a bill related to the personal property tax that could get a vote in the state Senate as early as Tuesday, December 14th. While we prefer you call your state Senators, we’ve also created this sample letter through our Action Center that you can email to them.

House Bill 5351 passed in the House Wednesday and appears to be on a fast-track for a vote in the Senate. The bill would double the small taxpayer personal property tax exemption for small businesses from $80,000 to $160,000. No fiscal analysis of this bill has been done, but best estimates are that this change could cost local governments $40 million to $50 million in anticipated personal property tax revenue.

It is not known how many businesses will be impacted by this, and most importantly the bill DOES NOT provide a revenue replacement to local government.

There is no reason to rush this bill through the legislature because it wouldn’t take effect until Dec. 31, 2022 and wouldn’t lower the personal property tax that commercial and industrial businesses pay until July, 2023.

The League is encouraging state Senators to hold off on voting on this important issue until after the first of the year so that proper time can be spent determining the full economic impact of this legislation. We’re also encouraging legislators to identify an appropriate revenue replacement for this significant cut to local governments to avoid cuts to vital local services.

Here are some talking points to use when discussing this issue with your Senators:

  • The state is sitting on billions of dollars that could help small business immediately so why cut small business taxes that does not provide any financial relief until July of 2023?
  • If this passes, how do you plan to replace the revenue for this significant cut to local governments?
  • What’s the rush? There is no immediate need to do this now and it should be delayed until we know the true impact to local government and small business.
  • Let’s work together to find a solution that immediately helps small business and doesn’t cut local government funding.
  • This legislation is not needed to pass the broader economic development incentive package the legislature is currently considering.

Please contact your Senators today! Call them or send them this letter. Thank you!

Conversation Continues on New Personal Property Tax System

The League co-hosted a webinar this afternoon with Howard Heideman from Treasury’s Office of Revenue and Tax Analysis as a continuation of our effort to provide information and greater access to Treasury as communities move through the initial phases of implementing the state’s new personal property tax system.  More than 125 members registered for today’s presentation, which follows along with meetings held earlier this summer in Muskegon and Marquette.

See below for the full webinar and referenced documents. In addition, please visit Treasury’s Personal Property Tax Reimbursements web page for more details.

A special thank you to Howard and to Treasurer Khouri for their partnership and assistance in this outreach effort!

Personal Property Tax Implementation Webinar from Michigan Municipal League on Vimeo.

Documents referenced in webinar:

Excel:
2016 PPT Reimbursement Draft – Example City

MS Word:
Form 5429 Example With Instructions

Form 5403 Expired Tax Exemptions – Example With Instructions

 

Chris Hackbarth is the League’s director of state affairs. He can be reached at 517-908-0304and chackbarth@mml.org.

PPT Reimbursement and Budget Preparation Guidance from Michigan Department of Treasury

The Michigan Department of Treasury has asked us to share some information detailing changes to the Personal Property Tax local government reimbursements for 2016-17 budget preparation. Treasury has prepared a document below and requested the Michigan Municipal League pass it along to our members. If you have any questions, there is contact information at the end.

Here is the information from Treasury:

In 2012, legislation was passed providing new personal property tax exemptions for small taxpayers (starting in 2014) and eligible manufacturing personal property (EMPP, phase-in starting in 2016).  The Local Community Stabilization Authority (LCSA) Act, 2014 PA 86, requires reimbursement for the loss from the personal property exemptions.  The payments are made using the Authority’s share of the 6% use tax.

How the Loss in Taxable Value is Measured.  Beginning for 2016, the personal property exemption loss is calculated by subtracting each local unit’s current year taxable value of all industrial and commercial personal property from its 2013 taxable value of industrial and commercial personal property.  Calculations include IFT property, with IFT new facility TV reported at 50%.  Calculations exclude property classified as either industrial or commercial personal in one year but classified as either real property or utility personal in the other year.  County equalization directors will report the personal property exemption loss amounts to Treasury.

Millage Rates Being Reimbursed.  All types of millage are being reimbursed.  Except for local school district/ISD debt millage, reimbursements are calculated using each taxing unit’s sum of the lowest rate of each individual millage levied between 2012 and the immediately preceding year.  Treasury posts these rates on the Internet by May 1 of each year.  School districts/ISDs must report their current-year debt millage to Treasury by August 15.

Calculation of Reimbursements.  The personal property exemption loss is multiplied by the millage rates being reimbursed.  It is estimated there will be 100% reimbursement for all losses.  While all millages are being reimbursed, the reimbursements for certain losses and millage are calculated separately.  The following losses/millages are guaranteed 100% reimbursement:

  • Local school district and ISD millages;
  • Millage used to fund essential services, i.e. police, fire, ambulance and jails, including the loss from expiring tax exemptions that is reported on Form 5403 by the assessor;
  • Tax increment financing loss, including, for certain TIF plans, any loss from increased captured value; and
  • 2015 small taxpayer exemption loss.

Reimbursement for other millages may be at less than 100% or more than 100%, depending on the total calculated losses for those millages and the $ available for reimbursement.  We estimate the LCSA will have sufficient $ to reimburse all losses at 100%.

Beginning for 2019, 5% of the $ available for reimbursement under the previous paragraph will be distributed based on each taxing unit’s share of EMPP tax loss calculated using a modified acquisition cost of exempt EMPP.  That 5% is increased by 5% each year for 20 years, until no $ are distributed under the previous paragraph.

Taxing units will not have to claim reimbursement, except for tax increment financing plans, which will file Form 5176.  Reimbursements for most millage will be calculated using millage rates already available to Treasury.  Most local school districts receive reimbursement for their basic operating mills through operation of the state school aid formula.

Timing of reimbursements.  Reimbursement for county allocated millage will be paid on September 20th.  Reimbursement for other county millage, township millage, and other millage levied 100% in December will be paid the following February 20.  All other millage reimbursements will be paid on October 20th.

Fiscal Year 2016-2017 budget preparation.  In estimating FY 17 revenues, for the millage rates being reimbursed, local units should assume that their FY 17 property tax revenues from industrial/commercial personal property, including LCSA reimbursement, will equal their FY 14 property tax revenue from industrial/commercial personal property.  Millage increases after 2012 will not be reimbursed.

Total Amount of Reimbursements.  Reimbursements will total $374 million for calendar year 2016 losses, increasing to over $500 million for calendar year 2021 losses, as the EMPP exemption phases in.

For additional personal property tax reimbursement information, please email TreasORTA@michigan.gov, or call 517-373-2697.

Matt Bach is director of media relations for the Michigan Municipal League. He can be reached at mbach@mml.org.

League, MAC and MTA Issue Joint Statement on Data Center Abatement Proposals

The Michigan House Tax Policy Committee today is reviewing legislative proposals regarding what’s known as the data center issue and the Michigan Municipal League along with other organizations have distributed a joint statement regarding the legislation.

The biggest concern from the League’s perspective is ensuring that local communities continue to have the ability to establish local control on both existing and future abatement requests, like we have for other economic development abatement tools. One proposal being shopped by the existing data center industry would eliminate the current language providing local involvement in future data center investments. The League and other local government groups are opposed to this effort. We feel it is appropriate to maintain local involvement in any decision on whether to abate taxes as an economic development tool.

Here is the full statement on this issue by the League, the Michigan Association of Counties (MAC) and the Michigan Townships Association (MTA):

As the representatives of local government in Michigan, our organizations ― which are responsible for delivering the daily services Michigan residents count on ― wish to clarify our position on the various legislative proposals being discussed for the data center industry, especially those surrounding exemptions for personal property.

Local governments welcome economic development/job creation in this state and our goal is to continue to partner with the state.

If the Legislature and administration believe exemptions for existing firms and their existing equipment in a broad-based personal property exemption framework are necessary, we recommend the exemption for current equipment follow the recently adopted system for small taxpayers and manufacturers, allowing the local units to be fully reimbursed for the reductions to their tax base.

In our view, though, a blanket, state-ordered exemption would be counterproductive, given the existing economic development tools available to reduce/abate personal property for business, including data centers.

Absent a reimbursement mechanism, language similar to what the House and Senate are considering, which allows for a local unit to approve/deny a request for an abatement of data center personal property, is vital. Allowing local governments to be involved in this way ensures they are able to evaluate the local budget costs against the benefits of proposed exemptions, just as they do with all other economic development decisions.

Adoption of one of these approaches will protect existing local government budgets and preserve the role of the local unit in these critical local economic development decisions.
Thank you for your consideration. We welcome the opportunity to discuss further should you have any questions.

– Chris Hackbarth, Director of State Affairs for the Michigan Municipal League
– Judy Allen, Director of Government Relations for the Michigan Townships Association
– Steve Currie, Deputy Director for the Michigan Association of Counties

Posted by Matt Bach on behalf of Chris Hackbarth. For more information contact Hackbarth at chackbarth@mml.org and 517-908-0304.

Voters Overwhelmingly Approve Proposal 1; HUGE Victory for Michigan Communities!

The League was part of the coalition for Michigan Strong & Safe Communities, which actively supported Proposal 1.

The League was part of the coalition for Michigan Citizens for Strong & Safe Communities, which actively supported Proposal 1.

A huge thank you goes out to all the Michigan Municipal League member communities and supporters backing Proposal 1 on Tuesday’s primary ballot. The measure, which completes the plan to phase out personal property taxes that businesses pay, passed with 69 percent of the voters in support, according to preliminary results reported by mlive.com and the Detroit News with 99 percent of the precincts reporting.

Proposal 1 represented a considerable amount of negotiations and work by League staff and our members. We thank our many members who have publicly supported this proposal by passing resolutions encouraging a YES vote, doing media interviews, participating in news events and writing letters to their local newspapers. Read this article by the League’s Samantha Harkins about this history of this issue and why the League supported this measure.

“What this really means for us is stability,” Harkins, the League’s director of state affairs, told reporter Paul Egan of the Detroit Free Press for an article about Proposal 1’s passage.

Here’s an excerpt from a Michigan Public Radio piece by Jake Neher about voters approving Proposal 1. This report also includes comments by Harkins:

Communities depend on revenue from the tax to pay for things like police, fire, and roads. (Governor) Snyder says the proposal ensures they will be fully compensated for any lost revenue.

Local government groups say they agree. “I think, from the local government level, it really provides certainty for us in a way that the failure of Proposal 1 certainly would not have created that certainty,” said (Harkins). “And we’ve had a lot of uncertainty in the last decade.”

Also in the “good news for communities” category, MIRS News is reporting that 80 percent of the “new money asks” in local ballot proposals were approved by voters. That 80 percent passage rate is consistent with the results from the past several elections. Here’s a chart by MIRS that shows the local ballot proposal results by community.

Matt Bach is director of media relations for the Michigan Municipal League. He can be reached at mbach@mml.org and (734) 669-6317.

Please VOTE YES on Proposal 1 in the August 5, 2014 Primary Election

Please vote in Tuesday’s Aug. 5, 2014, primary election. On your ballot you may have a lot of things or just a few things to consider, but one of the most important issues for Michigan’s communities is Proposal 1. The League is in support of Proposal 1 and encourages our members to vote YES on Proposal 1.

This proposal represents a considerable amount of negotiations and work by League staff and our members. We thank our many members who have publicly supported this proposal by passing resolutions encouraging a YES vote, doing media interviews, participating in news events and writing letters to their local newspapers. Read this article by the League’s Samantha Harkins about this history of this issue and why the League is in support of Proposal 1.

So what happens if Proposal 1 fails?

A new community impact calculator by the Strong and Safe Communities YESon1 shows the potential losses communities could sustain if Proposal 1 is defeated and the Legislature decides to eliminate the personal property tax without any funding replacement for local municipalities. All you need to do is go to the calculator and follow the step by step instructions to see the impact on your community. For example, in Flint, if Proposal 1 fails and the PPT is eliminated without replacement that is the equivalent funding of 54 police officers, or 71 firefighters, or 464,746 meals on wheels for seniors.

Here are some details from the Strong and Safe Communities coalition about this:

A “NO” Vote on Proposal 1 and failure to pass Proposal 1 would hurt Michigan communities and Michigan small businesses. It would mean:

  • Michigan communities lose by having to go back to depending on an unreliable revenue stream for essential services like fire, police, ambulances, jails, and schools – plus other valuable local community services, including senior centers, parks and libraries.
  • Michigan businesses lose by having to go back to paying the antiquated unfair double tax that keeps them from investing and creating jobs.
  • Many community leaders across the state fear that if Proposal 1 fails in August, the legislature could still eliminate the PPT, but not reimburse local communities for that lost revenue.

Matt Bach is director of media relations for the Michigan Municipal League. He can be reached at mbach@mml.org.

 

Michigan Communities Urge Residents to Vote YES on Proposal 1; Pass Resolutions in Support

Proposal 1 Press Conference Oakland County June 2014 Brooks Patterson Barry Brickner (16)-edited-smallMore than a dozen Michigan cities and villages have approved resolutions urging residents to vote YES on Proposal 1 Aug. 5. The Michigan Municipal League is part of the vote YES on Proposal 1 Michigan Citizens for Strong and Safe Communities coalition and is encouraging our member communities to adopt a resolution. The League is then sharing the resolutions with the local media and public and those press releases can be viewed here.

We want to thank these communities for passing resolutions in support of Proposal 1: Cedar Springs, Frankenmuth, Fremont, Grayling, Hartford, Madison Heights, Mattawan, Middleville, Mt. Pleasant, Northville, Norton Shores, Pleasant Ridge, Three Oaks, Walker and Yale. If your community is not on this list but passed a resolution please email me at mbach@mml.org. We also want to thank our many members who have participated in local press conferences and editorial board meetings in support of Proposal 1.

The passage of Proposal 1 on the Aug. 5 statewide primary ballot is the final step toward completing comprehensive reform to the state’s personal property tax (PPT) – an effort the Michigan Municipal League has been heavily involved in for the last few years.

Farmington Hills Mayor Barry Brickner urges residents to vote YES on Proposal 1 during a recent Oakland County news conference.

Farmington Hills Mayor Barry Brickner urges residents to vote YES on Proposal 1 during a recent Oakland County news conference.

The PPT is a tax on business equipment that communities have relied on for years to provide essential services, such as police and fire protection, schools, libraries, ambulances, jails and roads. The League has maintained that if this tax is eliminated there must be full replacement of the revenue for local governments. Proposal 1 provides the revenue replacement and it does so without raising taxes.

Additional information:

Go here for a sample resolution. It’s important to note that it is legal for local government bodies to approve resolutions in support of ballot issues as long as no public tax dollars are expended. So resolutions are OK.

Go here to sign up to support the coalition and receive regular campaign updates.

– Send a letter to your local newspaper in support of Proposal 1. View sample letters here.

Go here to view additional photos from the recent vote YES on Proposal 1 news conference in Oakland County.

Matt Bach is director of media relations for the Michigan Municipal League. He can be reached at (734) 669-6317 and mbach@mml.org.

A list of communities that have approved resolutions urging residents to vote YES on Proposal 1.

A list of communities that have approved resolutions urging residents to vote YES on Proposal 1.

EVIP Continues to be Problematic for Communities, says League’s Samantha Harkins on MIRS Podcast

Samantha Harkins

The Michigan Municipal League’s Samantha Harkins was a guest today (Feb. 10, 2014) on the MIRSnews.com podcast and covered an array of topics including road funding, the importance of public transit, an update on the personal property tax issue and proposed changes Gov. Snyder wants to make to the Economic Vitality Incentive Program (EVIP). She even discusses Willie Wonka and the Eagles and Don Henley. This is a must listen for League members wanting to hear how the League is fighting for our communities in Lansing. Great job Samantha.

Her part starts around the 8:30 minute mark in the 20-minute weekly podcast. Listen here. Read more from Samantha Harkins and League staff on our legislative blog. Many of the topics Harkins discussed tie into the League’s placemaking message and how having vibrant communities will lead to having a better Michigan. Learn more about placemaking at placemaking.mml.org.

Matt Bach is director of media relations for the Michigan Municipal League. He can be reached at mbach@mml.org and (734) 669-6317.