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Michigan Business Tax
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Mi42. Are farms exempt under the MBT? Are agricultural activities taxed under the MBT? What about a taxpayer that has both retail and farm activities?
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Answer:
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Farms are not expressly exempt under the MBT. However, the tax base
attributable to the production of agricultural goods by a person whose primary
activity is the production of agricultural goods is exempt. MCL 208.1207(1)(d).
The production of agricultural goods means "commercial farming, including, but
not limited to, cultivation of the soil; growing and harvesting of an
agricultural, horticultural, or floricultural commodity; dairying; raising of
livestock, bees, fish, fur-bearing animals, or poultry; or turf or tree farming,
but does not include the marketing at retail of agricultural goods except for
sales of nursery stock grown by the seller and sold to a nursery dealer licensed
under section 9 of the insect pest and plant disease act . . . ." MCL
208.1207(1)(d). Thus, so long as the primary activity of the taxpayer is the
production of agricultural goods, those agricultural activities will be exempt
from the MBT. However, any retail activities that do not constitute the
production of agricultural goods will be subject to the MBT.
Other farming-related persons and activities are also exempt from the MBT,
such as:
- Certain farmers' cooperatives formerly exempt from federal income tax
under IRC 521, unless "the total dollar value of the farmers' cooperative
corporation's incidental and emergency purchases described in subsection (1)(e)(ii)
are equal to or greater than 5% of the corporation's total purchases." MCL
208.1207(1)(e), (2).
- The tax base attributable to the direct and indirect marketing activities
of a farmers' cooperative corporation organized within the limits of MCL
450.98 if those marketing activities are provided on behalf of the members of
that cooperative and are related to the members' direct sale of their products
to third parties or, for livestock, are related to the members' direct or
indirect sales of that product to third parties. MCL 208.1207(1)(f).
In addition, farmers' cooperatives that are structured to allocate net
earnings in the form of patronage dividends to its farmer or farmers'
cooperative patrons exclude the revenue and expenses attributable to business
transactions with its farmer of farmer cooperative patrons from its adjusted tax
base.
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