State Tax Commission Bulletin No. 15 of 1996
December 20, 1996
Property Tax Calendar
STATE TAX COMMISSION
1997 PROPERTY TAX CALENDAR
COMMENT REGARDING THE 1997 PROPERTY TAX CALENDAR
This 1997 Property Tax Calendar has been prepared in accordance with all Legislation
and directives of the Attorney General applicable to 1997 property taxes. This Tax
Calendar considers the ramifications of 1994 Proposal A and 1996 AGO No. 6911 (regarding
the unconstitutionality of the Value Change Multiplier) where those considerations are
applicable to the property tax calendar. It also considers the amendments to the General
Property Tax Act provided by the late adoption of House Bill No. 5359, where such
amendments are applicable to the property tax calendar. House Bill No. 5359 contains many
technical amendments to the General Property Tax Act. It appears likely that there will be
a future State Tax Commission bulletin regarding the implementation of House (H.B.) No.
5359.
It should be noted that the statutory requirement for assessments, before and after
County and State Equalization is still fifty percent of True Cash Value, and that the
Constitution still requires that assessments NOT exceed fifty percent of True Cash Value,
before and after County and State Equalization. The 1997 assessments will be subject to
County and State equalization. After County and State Equalization, assessments as
equalized become the Taxable Value (Property Tax Base) for every parcel of property
subject to the General Property Tax Act that has a Transfer of Ownership in the prior year
as provided by MCL Sections 211.27 and/or 211.27a. It should also be noted that: Michigan
Compiled Laws 211.27a(8) provides that "The register of deeds of the county where
deeds or other title documents are recorded SHALL notify the assessing officer of the
appropriate local taxing unit not less than once each month of any recorded transaction
involving the ownership of property."
Section references are as assigned in the Michigan Compiled Laws.
TAX DAY FOR 1997 PROPERTY TAX AND 1996 EQUALIZATION STUDY DEADLINE FOR STUDIES USED TO
SET THE STARTING BASE FOR 1997 EQUALIZATION
Dec. 31, 1996 Tax day for 1997 assessments and 1997 property taxes. (Section 211.2,
Michigan Compiled
Laws).
Dec. 31, 1996 Deadline for counties to file 1996 equalization studies for 1997 starting
bases with State Tax
Commission (STC) for all classifications in all units on Form L-4018. (R 209.41)
NOTE regarding copies of transactions from the Register of Deeds: MCL 211.27a(8)
provides that "The register of deeds of the county where deeds or other title
documents are recorded shall notify the assessing officer of the appropriate local taxing
unit not less than once each month of any recorded transaction involving the ownership of
Property."
1997: SIGNIFICANT 1997 PROPERTY TAX DATES
Feb. 1 Deadline for counties to file single year studies with STC to amend starting
base for those
units (with classes) experiencing sharply declining real estate markets. Optional,
additional
single year equalization study may be originated by assessor or by county equalization
director. Single year studies (calendar year 1996) submitted by Feb. 1, 1997 are for 1997
assessment and equalization.
Feb. 1 Deadline for "qualified business" to submit form L-4143 for
"qualified personal property"
with the assessor. (211.8a).
Feb. 14 Last day of deferral period for summer tax levies for qualifying taxpayers
(211.51). Last
day to pay property taxes without the imposition of a late penalty charge equal to three
percent of the tax in addition to the property tax administration fee, if any. (211.44).
Feb. 15 is a STC certifies DNR lands assessed valuations to assessors (211.492).
Saturday Feb 18
Feb. 17 is a Third Mon. in Feb.: Deadline for county equalization
director to publish
Holiday in newspaper the tentative equalization ratios and estimated SEV
Feb 18 multipliers for 1997.
Feb. 20 STC certifies metallic mineral property assessments to assessors (211.24).
Feb. 20 Deadline for taxpayer filing of personal property statement with assessor
(211.19).
March 1 The STC shall publish the inflation rate before this date (211.34d).
March 3 First Monday in March: The 1997 assessment roll shall be
completed and certified by the
assessor (211.24).
March 4 The assessor shall submit the 1997 assessment roll to the Board of Review (BOR)
on the
Tuesday following the first Monday in March (211.29).
March 4 Tues. following first Mon. in March: First meeting of township
Board of Review
(211.29). Note: City BOR may vary according to Charter provisions.
March 10 Second Mon. in March: Second meeting of township Board of Review
(211.30). The
March Board of Review has no authority over Homestead exemptions.
April 1 Separate Tax limitations voted after April 1 of any year are not effective
until the subsequent
year. (211.205i).
April 7 First Monday in April: Unless the BOR has concluded earlier, last
day for BOR protest of
assessed value, taxable value, property classification or percentage of qualified
agricultural
property exemption assigned by Assessor and Board of Review. (211.30a).
Note: A protest of assessed valuation or taxable valuation or the percentage of
qualified
agricultural property exemption subsequent to BOR, must be filed with the Michigan Tax
Tribunal, in writing on or before June 30 at P.O. Box 30232, Lansing, MI 48909. A
classification appeal must be filed with the State Tax Commission in writing on or
before
June 30 (House Bill No. 5359) (211.34c) at P.O. Box 30471, Lansing, MI 48909-7971.
A classification appeal does not address value or change the equalization factor for the
property for the first year, if STC changes class.
April 9 The township supervisor or assessor shall deliver completed assessment roll,
with BOR
certification, to the county equalization director not later than the tenth day after
adjournment of the board of review or by April 9 (the Wednesday following the
first
Monday in April) whichever date occurs first [211.30(4)].
Note: An assessor shall file Form L-4021 with the County Equalization Department, and
form L-
4022 with the County Equalization Department and the State Tax Commission, immediately
following adjournment of the board of review. STC Administrative Rule: R 209.26
(10a,
10b).
April 15 Tues. following second Mon. in April: County Board of
Commissioners meets in
equalization session (209.5 and 211.34). The clerk of each county files a tabular
statement of
the county equalization adopted by the County Board of Commissioners on the Form L-4024
prescribed and furnished by the STC, immediately after adoption. County equalization
shall
be completed and official report (Form L-4024) filed with STC prior to May
5, 1997
(First Monday in May).
April 21 Third Mon. in April: Equalization director files separate Form
L-4023 for each unit in the
county with the STC no later than April 21 (211.150), STC R209.41 (8).
Allocation Board meets and receives budgets due this day (211.210).
April 30 Last day for deferral period for winter (December 1) property tax levies if
such deferral for
qualified taxpayers was authorized by resolution of the County Board of Commissioners
(211.59).
May 1 Deadline for filing homestead affidavits (form T-1056) for exemption from the 18
mill school
operating tax with the local assessor. Note: Denial of a homestead exemption by the
local
assessor may be appealed by the owner to Department of Treasury within 35 days of the
notice
of denial. The decision of the Department of Treasury may be appealed by the owner to the
MTT within 35 days. The Department of Treasury decision may be appealed by the assessor to
the MTT within 35 days if the assessor had previously denied the exemption. (211.7cc).
NOTE: Do not confuse the appeal process for the 18 mills school operating
"homestead" exemptions
with the appeal process for 18 mill school operating exemption for "qualified
agricultural"
properties. The "homestead" exemption for either agricultural or residential
property is
administered by the Michigan Department of Treasury. Property tax questions REGARDING
THE "HOMESTEAD" EXEMPTION ONLY may be addressed to Floyd Schmitzer, of the
Michigan Dept. of Treasury at (517) 373-2916 by telephone or in writing to Michigan
Department of Treasury, Operations Manager, Treasury Building, Lansing, MI 48922.
May 1 is also the deadline for filing the Farmland affidavit (form T-1063) with the
local assessor if the property is NOT classified agricultural or if the assessor asks an owner to file it
to
determine whether the property includes structures that are not exempt.
The exemption for "qualified agricultural" property (those exempt
agricultural properties not
claiming a "homestead" exemption), is administered by the State Tax Commission.
A taxpayer
may appeal the denial by the assessor of a "qualified agricultural" exemption to
the March
Board of Review and, if not satisfied, then to the Michigan Tax Tribunal, in writing,
prior to June
30, in the same manner as all other property tax exemptions, except the
"homestead"
exemption.
May 5 * First Monday in May: Deadline for filing official County Board of
Commissioners report of
county equalization (L-4024) with STC (209.5). Appeal from county equalization to
Michigan
Tax Tribunal must be filed within 30 days after the adoption of the county equalization
report by
the County Board of Commissioners (205.735).
May 5 * First Mon. in May: Deadline for assessor to file tabulation of
Taxable Valuations for
each classification of property with the county equalization director on Form L-4025 to be
used in "Headlee" calculations. Taxable Value replaces State Equalized Value for
purposes of
MCL 211.34d calculations (See 1994 Act 415). Prior to 1995, State Tax Equalized
Valuations were used on this form, now Taxable Valuations are required. 211.34d (2)
May 12 Second Mon. in May: Preliminary state equalization valuation
recommendations presented by
the Property Tax Division staff to the State Tax Commission. (209.2).
May 15 Prior to this date, the State must have prepared an annual assessment roll for
the state assessed
properties such as telephone companies and railroads, and must have determined the average
property tax rate (207.9).
May 19 * Third Mon. in May: County allocation boards must issue
preliminary order (211.215).
Form L-4028, pertaining to millage reduction fractions, must be completed by County
Equalization Director with all information available within each single county. Copy of
Form L-4028 is filed with the STC and with the director of the equalization department in each
county
which shares inter-county taxing jurisdictions.
May 26 is a Fourth Mon. in May: State Equalization Proceeding - final
State
Holiday Equalization order is issued by STC (209.4).
May 27
May 30 Friday after fourth Monday in May: If as a result of State
Equalization the taxable value of
property changes, the assessing officer of each township or city shall revise the millage
reduction fractions by this date. (211.34d(2)).
June 1 is a Last day for Allocation Board Hearing (not less than 8 days or more than
Sunday 12 days after issuance of preliminary order) (211.215).
June 2
June 2 First Mon. in June: Deadline for notifying protesting taxpayer in
writing of Board of Review
action (211.30).
June 2 * County Equalization Director calculates current year millage reduction
fractions including those
for inter-county taxing jurisdictions. The completed, verified Form L-4028 IC is filed
with the
County Treasurer and the STC on or before the first Monday in June. [211.34d (3)].
June 9 Allocation Board must issue final order not later than the second Monday in June
(211.216). (MTT) Appeal from millage allocation to the Michigan Tax Tribunal must be filed within
thirty days after
issuance of the final order (205.735)
June 9 * County Treasurer on or before the second Monday in June certifies taxable
values from prior
year and current year and the current year's additions and losses and the current year's
millage
reduction fraction for each unit of local government [211.34d(4)].
June 23 Fourth Monday in June: Deadline for equalization directors to
file tabulation of final Taxable
Valuations with the STC on form L-4046. (House Bill No. 5359) (211.27d).
June 30 (MTT) Deadline for assessment petition to the MTT (205.735). Residential
property and small claims
division appeal petitions are considered filed if mailed fist class and postmarked on or
before
June 30. Otherwise appeals sent by certified mail on or before June 30 are timely filed.
June 30 Deadline for assessment classification appeals to STC as provided by HB 5359
(MCL
211.34c).
June 30 Deadline for County Equalization Director to file Interim Status Report of the
ongoing study for
the current year (R 209.41)
June 30 Township supervisor shall prepare and furnish the summer tax roll to the
township treasurer with
supervisor's collection warrant attached if summer school taxes are to be collected
(380.1612).
July 1 Taxes due and payable in those jurisdictions authorized to levy a summer tax.
(Charter units may
have a charter provision with a different due date).
By the 1st County Treasurer must account for and deliver to the state the state
day of each education tax collections on hand on or before the fifteenth of the
month immediately preceding month. [211.43 (10)].
By the 15th County Treasurer must account for and deliver to the state the state
day of each education tax collections on hand on the last day of the preceding month.
month 211.43 (10)].
July 22 Tues. following the Third Monday in July: Special meeting of the
July BOR may be
convened by assessing officer to correct a mutual mistake of fact or clerical error.
(211.53b). An owner of property that is a "homestead" or is "qualified
agricultural" property on
May 1 may appeal to the July Board of Review for the current year and the immediately
preceding year if the exemption was not on the tax roll. 211.7cc (13) and
211.7ee (6).
PA 74 of 1995 authorizes July (and December) BOR to hear appeals for poverty
exemptions,
but not for poverty exemptions denied by the March Board of Review. Applies to current
year only (211.7u). See STC Bulletin No. 15 of 1995.
House Bill No. 5359 provides that an owner of property may appeal the rescission
of a
homestead exemption to the July or December Board of Review in either the year
for
which the
exemption is rescinded or in the immediately succeeding year.
House Bill No. 5359 provides that an owner of QUALIFIED AGRICULTURAL
PROPERTY for which an exemption was on the tax roll in 1995 and each year after 1995
and
for which an exemption was not on the tax roll in 1994 may appeal to the July or December
board of review in 1997 to have an exemption placed on the 1994 tax roll if all of the
following
conditions are satisfied:
(a) The qualified agricultural property was qualified agricultural property in 1994 and
has been
qualified agricultural property since 1994.
(b) The owner owned that qualified agricultural property on May 1, 1994.
(c) If a claim of exemption was denied in 1994, the owner did not timely appeal that
denial as
provided in this section.
(d) The owner has owned that qualified agricultural property since 1994.
August 18 Third Monday in August
Deadline for taxpayer to file appeal directly with the Michigan Tax Tribunal if
final equalization multiplier exceeds tentative multiplier resulting from action of the
state board of equalization or county board of commissioners and a taxpayer's assessment,
as equalized, is in excess of 50 percent of true cash value (205.737)
Sept. 15 Last day for qualified property taxpayer to apply to local unit treasurer for
deferral of payment of
summer tax (211.51).
Sept. 30 Clerk of township or city delivers to supervisor and county clerk a certified
copy of all statements,
certificates, and records of vote directing monies to be raised by taxation of property
(211.36).
* Financial officer of each unit of local government computes tax rates in accordance
with Section 211.34d and 211.34 MCL and governing body certifies that rates comply with
Section 31, Article 9, of 1963 constitution and section 211.24e, Truth in Taxation, on
Form
L-4029 on or before September 30. See page 1-6 of Volume III of Michigan Assessor's
Manual.
October apportionment session of County Board of Commissioners. Board examines
certificates, directs spread of taxes in terms of millage rates to be spread on Taxable
Valuations. Submit L-4029s to STC with apportionment report (211.37).
County prosecutor is obligated by statute to furnish legal advice promptly regarding
apportionment report.
October * County Board of Commissioners shall not authorize the levy of a tax unless
the governing body of the taxing jurisdiction has certified that the requested millage has been reduced, if
necessary, in compliance with Section 31 of Article 9 of the State Constitution of 1963 and sections
211.34d, and
211.34(1). Board also receives certifications that truth in taxation hearings have been
held if required
(211.24e).
Note: Supervisor prepares a roll indicating property taxes to be levied and annexes the
required warrant.
The copy of the roll with the warrant annexed is known as the "tax roll"
(211.42).
October 15 The assessor reports status of Act 198 of 1974, Industrial Facility Tax
property, to STC (207.567).
The assessor or governmental unit reports status of Act 255 of 1978, Commercial Facility
Tax
property, to STC (207.666).
Dec. 1 1997 Taxes due and payable to local unit treasurer are a lien on real property.
See section 211.40a
for exception to lien date. Tax levy reports from assessors to STC are due. County
Apportionment
Report to STC is due (211.40) (211.41) (211.43) (207.12).
MTT Note: Appeal to Tribunal of a contested tax bill must be filed within 60 days after
the mailing of the tax bill
that the taxpayer seeks to contest (205.735). (Limited to arithmetic errors).
Dec. 9 Tues. following the second Mon. in Dec: 211.53b. Special board of
review meeting may be
convened by assessing officer to correct a mutual mistake of fact or a clerical error.
An owner
of property that is a "homestead" or is "qualified agricultural"
property on May 1 may appeal to the
December Board of Review for the current year and the immediately preceding year if the
exemption was not on the tax roll. (211.7cc (13) and 211.7ee(6).
PA 74 of 1995 authorizes December (and July) BOR to hear appeals for poverty
exemptions, but not poverty exemptions denied by the March Board of Review. Applies to
current year only (211.7u). See STC Bulletin No. 15 of 1995.
House Bill No. 5359 provides that an owner of property may appeal the rescission
of a homestead exemption to the July or December Board of Review in either the year
for which the exemption is rescinded or in the immediately succeeding year.
House Bill No. 5359 provides that an owner of QUALIFIED AGRICULTURAL PROPERTY
for which an exemption was on the tax roll in 1995 and each year after 1995 and for which
an exemption was not on the tax roll in 1994 may appeal to the July or December board of
review in 1997 to have an exemption placed on the 1994 tax roll if all of the following
conditions are satisfied:
(a) The qualified agricultural property was qualified agricultural property in 1994 and
has been
qualified agricultural property since 1994.
(b) The owner owned that qualified agricultural property on May 1, 1994.
(c) If an claim of exemption was denied in 1994, the owner did not timely appeal that
denial as
provided in this section.
(d) The owner has owned that qualified agricultural property since 1994.
Dec. 31 House Bill No. 5359 provides that the Department of Treasury may appeal
the 1997 classification
of any assessable property to the Residential and Small Claims Division of the Michigan
Tax Tribunal
not later than December 31, 1997.
Dec. 31 House Bill No. 5359 provides that an owner who owns and occupies a
HOMESTEAD for which
the exemption was on the tax roll in 1995 and each year after 1995 and for which an
exemption was
not on the tax roll in 1994 may appeal to the department of treasury before December 31,
1997 to
have an exemption placed on the 1994 tax roll if all of the following conditions are
satisfied:
(a) The owner owned and occupied that homestead on May 1, 1994 or the owner owned and
occupied that homestead after May 1, 1994 but before October 3, 1994.
(b) If a claim of exemption was denied in 1994, the owner did not timely appeal that
denial as
provided in this section.
(c) The owner has owned and occupied that homestead since 1994.
Dec. 31 Tax day for 1998 property taxes (211.2). Due date for filing of county
equalization department
studies made during 1997 with the STC. These studies are used for the 1998 revised bases.
* Requirements caused by Section 31 of Article 9 of State Constitution and by Sections
211.34d and
211.34(1) MCL.