Free Michigan Exemption Template Prepare Document Here

Free Michigan Exemption Template

The Michigan Exemption Form, officially known as Form 5076, is a vital document designed to enable small businesses in Michigan to claim an exemption on personal property tax under MCL 211.9o. This form must be submitted to the local unit (city or township) where the personal property is situated, not later than February 22 of the claim year, with strict adherence to detail to avoid denial of the exemption. Michigan small businesses meeting specific criteria are encouraged to see if they qualify and fill out the form by clicking the button below.

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In Michigan, small businesses have a unique tax relief opportunity through the Michigan Exemption Form, officially known as Form 5076. This form, which falls under the directives of the Michigan Department of Treasury, allows for a Small Business Property Tax Exemption, specifically designed for eligible personal property that meets certain criteria. To take advantage of this exemption, businesses must ensure their commercial or industrial personal property, located within a specific local tax collecting unit, has a combined true cash value of less than $80,000 as of December 31, 2021. The importance of filing this form correctly and timely, by February 22, 2022, cannot be overstated, as failure to do so can lead to denial of the exemption. Moreover, should businesses no longer qualify for the exemption, a rescission form, along with a personal property statement, must be submitted to avoid severe penalties and interest. The form requires detailed information about the business, including contact details, a description of the business activity, and a comprehensive list of all personal property. This exemption, aimed to support small businesses by providing tax relief, emphasizes the requirement for accuracy and completeness in its application, with guidelines and assistance available directly from local units (City or Township) or through the State Tax Commission's website.

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.

File Details

Fact Name Detail
Governing Law The Michigan Department of Treasury 5076 for Small Business Property Tax Exemption is governed by MCL 211.9o.
Filing Deadline This form must be filed no later than February 22, 2022, with the postmark date being acceptable as proof of filing on time.
Eligibility Criteria To qualify for the exemption, the combined True Cash Value of all industrial and commercial personal property owned, leased, or in possession of the owner or related entity must be less than $80,000 on December 31, 2021.
Filing Entity The form is intended for use and filing by the local unit (City or Township) where the personal property is situated and not to be mailed to the Michigan Department of Treasury or the Michigan State Tax Commission.
Consequences of Failure to File Completely Failure to completely fill out the form can result in denial of the exemption. Taxpayers are advised to include thorough contact information, including phone number and email address.

Michigan Exemption - Usage Steps

Filing the Michigan Department of Treasury 5076 form is a necessary step for small business owners in Michigan to potentially claim a personal property tax exemption under MCL 211.9o. This exemption is designed for eligible personal property classified as industrial or commercial. It's essential to adhere to the instructions meticulously to ensure the form is accepted and processed without issues. Late submissions are permitted under certain conditions but involve presenting the form directly to the local unit's March Board of Review. Accuracy and completeness are crucial when filling out this form, as any mistakes or omissions could lead to the denial of the exemption. Here’s a step-by-step guide to completing the form correctly.

  1. Identify the Parcel Number of the property for which you are claiming the exemption and record it at the top of the form.
  2. Enter the Business Name and the Name and Mailing Address of Owner(s) or Partners. If the business structure is a sole proprietorship or partnership, attach a separate sheet if necessary.
  3. Provide the Name of the Local Unit of Government where the personal property is located, including the city, township, or village.
  4. List any Assumed Name(s) the legal entity operates under, if applicable.
  5. Include the Owner Telephone Number, and the Date Business Began in the local tax collecting unit.
  6. Fill in a Description of Owner’s Business Activity.
  7. Enter the Name, Telephone Number, and Email Address of the person responsible for the personal property records.
  8. Specify the Address Where Personal Property Records are kept.
  9. Detail the Names of all other businesses having personal property at the location(s), including any leasehold improvements assessed as personal property. Attach additional sheets if necessary.
  10. 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 unit. Attach additional sheets if necessary.
  11. Certify the truthfulness of your claims regarding ownership, the True Cash Value of the personal property, and your adherence to the valuation procedures, including the determination of True Cash Value being less than $80,000 on December 31, 2021.
  12. Provide your printed name, title, and the date at the bottom of the form, then sign to certify that all the information provided is accurate and complete.

Upon completion, remember not to mail this form to the Michigan Department of Treasury or the Michigan State Tax Commission. Instead, it should be sent directly to the local unit (city or township) where the personal property is located. Contact the designated local unit to obtain the correct mailing address and to clarify any questions or concerns you may have. Timeliness in filing, thoroughness in completing the form, and transparency in communication with your local unit are vital to securing your small business property tax exemption.

Learn More on This Form

What is the Michigan Exemption Form 5076?

The Michigan Exemption Form 5072, officially known as the "Small Business Property Tax Exemption Claim Under MCL 211.9o," is a legal document used by small businesses in Michigan to claim exemption from personal property tax. If a business's personal property—classified as either industrial or commercial—is valued at less than $80,000, this form can be filed with the city or township where the property is located to seek tax relief.

Who needs to file Form 5076?

Small business owners in Michigan, including sole proprietors, partners, and other entities, who own, lease, or possess commercial or industrial personal property with a combined true cash value of less than $80,000 within a single local tax-collecting unit must file this form to qualify for the exemption.

When is the deadline to file Form 5076?

The form must be filed no later than February 22 of the tax year for which the exemption is being claimed. A postmark by this date is considered acceptable for filing. Should the form be filed late, there is still an opportunity to submit it directly to the March Board of Review before its closure.

Where should Form 5076 be filed?

Form 5076 should be filed with the local unit (city or township) where the personal property in question is located, not with the Michigan Department of Treasury or the Michigan State Tax Commission. Taxpayers should contact their local unit for the appropriate mailing address.

What happens if you file Form 5076 late?

Forms filed late can still be submitted directly to the March Board of Review of the local unit, prior to its adjournment. Taxpayers must appear in person or through a representative to file during the March Board of Review.

What information is required on Form 5076?

Form 5076 requires comprehensive information including,

  • Business name and the owners’ or partners’ details,
  • Contact information for the owner and the person in charge of the personal property records,
  • Parcel Number,
  • Assumed Name(s) used by the legal entity,
  • Description of the business activity,
  • A detailed list of all business locations and personal property within the local tax-collecting unit,
  • True Cash Value of the personal property,
  • Certification that all provided information is true and accurate.

What if the True Cash Value of the personal property changes?

If the True Cash Value of the personal property goes above $80,000 or the business no longer qualifies for the exemption for any other reason, the business owner is required to file a rescission form and a personal property statement by February 20th of the year in which the property is no longer eligible. Failure to do so could lead to penalties.

Are there penalties for incorrectly claiming the exemption?

Yes, if the exemption is erroneously claimed, the business owner is subject to repay any underpaid taxes with interest. Additionally, penalty fees computed from the date the taxes were last payable without penalty or interest may also apply.

Who can answer questions about filling out and submitting Form 5076?

Questions regarding Form 5076 should be directed to the assessor of the city or township where the personal property is located. They can provide guidance on filing, required documentation, and any specific local requirements.

Common mistakes

Filling out the Michigan Exemption Form 5076 accurately is crucial for small business owners seeking a personal property tax exemption. However, it's common for mistakes to be made during this process, some of which can have significant consequences.

One of the first mistakes often encountered is not filing the form with the correct local unit of government—either the city or township where the personal property is located. This mistake can lead to the form not being processed in time, or at all, as the instructions clearly state that the form is not to be mailed to the Michigan Department of Treasury or the Michigan State Tax Commission. It's imperative that the form is sent to the appropriate local unit, whose mailing address should be verified.

Another frequent error is missing the filing deadline. The form must be submitted no later than February 22, 2022 (with postmark being acceptable). Late filings are permitted only under specific circumstances and must be filed directly with the local unit's March Board of Review before its closure. Taxpayers need to contact the local unit directly to confirm the dates for the March Board of Review and arrange for in-person representation if necessary.

  1. Incorrectly reporting the True Cash Value of the eligible personal property is a serious mistake. An owner or duly authorized agent must certify that the True Cash Value of all the personal property located within the indicated local tax collecting unit, owned by, leased to, or in the possession of the owner or related entity, was less than $80,000 on December 31, 2021. Failure to accurately report this value or to use the State Tax Commission’s recommended valuation procedures can lead to the denial of the exemption.
  2. Omitting contact information or providing incomplete details is another common mistake. Accurate contact information, including a phone number and email address, ensures that the assessor can get in touch if there are any questions or additional documentation needed. Leaving these fields blank or incomplete can cause unnecessary delays or even result in the denial of the exemption claim.

Additionally, it's important to remember that upon ceasing to qualify for the exemption, taxpayers are required to file a rescission form and a personal property statement by February 20th of the year they are no longer eligible. Neglecting this requirement can result in significant penalties and interest for the taxpayer.

Overall, when completing Form 5076, attentiveness to detail, adherence to deadlines, and thoroughness in providing required information are paramount. By avoiding these common mistakes, business owners can navigate the process more smoothly and ensure their exemption claims are successfully filed and processed.

Documents used along the form

When submitting the Michigan Exemption Form (Form 5076) for small business property tax exemption, it's important to understand that this form is part of a broader set of documentation that might be required to successfully navigate tax exemptions and responsibilities. These additional forms and documents support the exemption claim by providing detailed information and fulfilling complementary legal requirements.

  • Personal Property Statement (Form 632): Although not required for those filing Form 5076 for the year they are claiming the exemption, this form is typically submitted by businesses to report the value of their personal property. It aids in the valuation process carried out by local tax assessors.
  • Rescission Form: Filed when a business no longer qualifies for the exemption previously claimed with Form 5076. If not filed, hefty penalties and interest may apply as the property will be considered incorrectly exempted.
  • Business Tax Registration: While not a form directly related to property tax exemption, registering the business with the Michigan Department of Treasury is a prerequisite for many tax activities and benefits, including eligibility for certain exemptions.
  • Lease Agreement(s): If personal property is leased, copies of the lease agreements may be necessary to clarify ownership and possession status, which can affect exemption eligibility.
  • Proof of Value: Documents such as purchase receipts, valuation statements, or appraisals for the personal property in question provide evidence supporting the claim that the True Cash Value is under the $80,000 threshold.
  • Affidavit of Owner: A notarized statement where the business owner or duly authorized agent affirms the accuracy of information provided in Form 5076 and other documents. This may be required by the local assessing unit to validate the exemption claim.

Each of these documents has its specific role in ensuring that the exemption process is smooth and that all eligibility criteria are transparently met. Collecting and completing the appropriate forms, along with Form 5076, well in advance of deadlines, prepares businesses for successful submissions and reviews by local tax authorities. Remember, accurate and thorough documentation is key to compliance and benefitting from tax exemptions designed to support small businesses.

Similar forms

The Michigan Exemption form is similar to various other tax forms and documents used by businesses and property owners across the United States. These documents are designed to streamline the reporting, assessment, and exemption processes within specific guidelines established by the respective state law or regulation.

Form 632 (L-4175), Personal Property Statement is closely related to the Michigan Exemption form. Like the exemption form, Form 632 is also utilized within Michigan for businesses to report their personal property. Both documents require detailed information about the business, such as ownership details, description of the business activity, and an inventory of all personal property owned or leased by the business within the local jurisdiction. The key similarity lies in their shared goal of assessing the value of business personal property to determine tax obligations. However, while Form 632 is a comprehensive statement of all personal property a business owns, the exemption form specifically seeks to establish eligibility for tax exemption when the value falls below the $80,000 threshold, outlined by MCL 211.9o.

Rescission Form serves a complementary purpose to the Michigan Exemption form. When a business no longer qualifies for the Small Business Taxpayer Exemption—either because the value of its personal property exceeds the $80,000 threshold or due to other disqualifying conditions—it must file a Rescission Form. This action is necessary to officially inform the local unit that the business no longer meets the exemption criteria, thereby avoiding potential penalties and interest for improperly claimed exemptions. The Rescission Form, therefore, operates as a critical follow-up for businesses that have previously benefited from the exemption but whose circumstances have changed.

Dos and Don'ts

When filling out the Michigan Exemption Form, certain steps should be followed diligently to ensure a successful submission. Here are key dos and don'ts:

  • Do file the form with the local unit (City or Township) where the personal property is located. This is crucial for your form to be considered valid.
  • Do make sure to file the form no later than the specified deadline to avoid any penalties. For 2022, the deadline was February 22.
  • Do fill out the form completely. Every section needs to be completed to prevent your application from being denied.
  • Do include all necessary contact information, such as phone number and email address, ensuring clear communication paths.
  • Don't mail the form to the Michigan Department of Treasury or the Michigan State Tax Commission. It should only be sent to the applicable local unit.
  • Don't wait until the last moment to file. While late forms can be filed directly with the local unit's March Board of Review, on-time filing is preferable.
  • Don't forget to sign and date the form. An unsigned form is incomplete and will not be processed.
  • Don't include personal property leased to or used by an entity other than the property's owner without acknowledging it correctly on the form.

Adhering to these guidelines will aid in the smooth processing of your Michigan Exemption Form, helping to secure the small business property tax exemption you might be eligible for. Always remember to check the most current guidelines and deadlines as these can change.

Misconceptions

Understanding the complexities of tax laws and requirements can often lead to misunderstandings, especially when it comes to submitting the necessary legal forms. The Michigan Exemption Form, also known as Form 5076, for small business property tax exemption, is no exception, with several misconceptions surrounding its use and requirements. Let’s clear up some of the most common misunderstandings.

  • It Must Be Filed with the Michigan Department of Treasury: One common mistake is the belief that this form should be sent to the Michigan Department of Treasury or the Michigan State Tax Commission. In reality, it needs to be filed with the local unit—either the City or Township—where the eligible personal property is located, and not with the state tax authorities.
  • It’s Only for Physical Property: Many people think the exemption only covers tangible, physical objects like equipment or furniture. However, it’s designed for commercial and industrial personal property, which can include leasehold improvements or trade fixtures, not just physical items.
  • Late Filing Means Automatic Denial: Another widespread belief is that if you miss the filing deadline, you're completely out of luck. This isn't entirely accurate. While it's true that the form must be filed no later than February 22nd for that tax year, late forms can be submitted directly to the March Board of Review prior to its closure for consideration.
  • Once Approved, No Further Action is Required: Some business owners think that once they’ve received the exemption, they no longer have to worry about it in subsequent years. However, if the business no longer qualifies for the exemption, a rescission form and a personal property statement must be filed by February 20th of the year the property becomes ineligible.
  • It Exempts All Business Personal Property: There’s a misunderstanding that once this exemption is filed, all personal property of the business is exempt from taxes. The truth is, to qualify for the exemption, the combined true cash value of all eligible personal property must be less than $80,000 within the local tax collecting unit. Property exceeding this value does not qualify and must be reported accurately.
  • Filing the Form is Optional: Lastly, some might think submitting Form 5076 is entirely at their discretion. While technically true, failing to submit for eligible properties means missing out on potential tax savings and could lead to compliance issues. It’s an important tax benefit that eligible small businesses should not overlook.

By understanding these key points about the Michigan Exemption Form, small business owners can ensure they navigate the process more smoothly, comply with legal requirements, and take advantage of possible tax benefits accurately. As is true with most legal proceedings, when in doubt, seeking clarification from local tax authorities or a tax professional can prevent costly errors.

Key takeaways

When filling out and using the Michigan Exemption Form 5076, it's important to understand several key points to ensure compliance and maximize the benefit for small businesses. Here are crucial takeaways:

  • The form must be submitted to the local unit (City or Township) where the personal property is located, not to the Michigan Department of Treasury or Michigan State Tax Commission. It's essential to verify the correct mailing address with the local unit where the property is situated.
  • The deadline for filing the form is notably strict, with a cut-off date of February 22, 2022. A postmark by this date is acceptable. Late submissions are permitted but must be filed directly with the local March Board of Review before it concludes its session.
  • Complete accuracy and completeness of the form are mandatory. Failure to fill out the form thoroughly may result in the denial of the exemption request. Pay special attention to providing up-to-date contact information, including a phone number and email address.
  • To qualify for the exemption, the True Cash Value of all eligible personal property within the local tax collecting unit—owned, leased to, or in possession of the owner or a related entity—must be less than $80,000 as of December 31, 2021.
  • Once granted, the exemption will continue annually until the business no longer meets the eligibility criteria. At this point, the business must file a rescission form and a personal property statement by February 20 of the year the property becomes ineligible, to avoid penalties and interest charges.
  • This exemption is specific to the entity filing the form. If personal property is leased to or used by another entity, that entity cannot claim the exemption. The exemption claim must be made by the owner of the personal property if it meets the specified requirements.

Remember, taxpayers who successfully file Form 5886 are exempt from filing a Personal Property Statement (Form 632) in the year they claim the exemption. It's advisable to contact the city or township assessor for any questions or clarifications regarding the form or the exemption process. Detailed information and guidance can also be found on the State Tax Commission's website.

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