Bill Text: MI HB5010 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Property tax: exemptions; reporting requirements for reimbursement of lost tax revenue due to the disabled veterans property tax exemption; provide for. Amends sec. 7b of 1893 PA 206 (MCL 211.7b). TIE BAR WITH: HB 5009'21
Spectrum: Slight Partisan Bill (Democrat 7-3)
Status: (Introduced - Dead) 2021-06-16 - Bill Electronically Reproduced 06/15/2021 [HB5010 Detail]
Download: Michigan-2021-HB5010-Introduced.html
HOUSE BILL NO. 5010
A bill to amend 1893 PA 206, entitled
"The general property tax act,"
by amending section 7b (MCL 211.7b), as amended by 2013 PA 161.
the people of the state of michigan enact:
Sec. 7b. (1) Real property used and owned as a homestead by a disabled veteran who was discharged from the armed forces Armed Forces of the United States under honorable conditions or by an individual described in subsection (2) is exempt from the collection of taxes under this act. To obtain the exemption, the property owner or his or her legal designee must file an affidavit showing the facts required by this section and a description of the real property shall be filed by the property owner or his or her legal designee with the supervisor or other assessing officer during the period beginning with the tax day for each year and ending at the time of the final adjournment of the local board of review. The affidavit when filed shall be is open to inspection. The county treasurer shall cancel taxes subject to collection under this act for any year in which a disabled veteran eligible for the exemption under this section has acquired title to real property exempt under this section. Upon granting the exemption under this section, each local taxing unit shall bear the loss of its portion of the taxes upon which the exemption has been granted.
(2) If a disabled veteran who is otherwise eligible for the exemption under this section dies, either before or after the exemption under this section is granted, the exemption shall remain remains available to or shall continue continues for his or her unremarried surviving spouse. The surviving spouse shall comply with the requirements of subsection (1) and shall indicate on the affidavit that he or she is the surviving spouse of a disabled veteran entitled to the exemption under this section. The exemption shall continue continues as long as the surviving spouse remains unremarried.
(3) To claim a right to reimbursement under section 17(4)(a)(ix) of the local community stabilization authority act, 2014 PA 86, MCL 123.1357, for loss of taxes due to exemptions granted under this section, the local tax collecting unit in which the exempt property is located must report to the department of treasury, in the time and manner prescribed by the department of treasury, all of the following for the tax year in which the loss was sustained:
(a) For each exemption granted under this section in the tax year, all of the following:
(i) A copy of the affidavit and all supporting documentation submitted by the property owner or his or her legal designee to obtain the exemption.
(ii) A certified copy of the board of review resolution in support of granting the exemption.
(iii) The parcel identification number and address of the exempt property.
(iv) The taxable value of the exempt property and, if the property was exempt under this section for a portion of the tax year, documentation to support the proration of its taxable value between the current and previous owners.
(v) A list indicating, by individual local taxing unit, each millage that would have been levied by each local taxing unit on the property if the property had not been exempt under this section, and the amount of tax for that millage that would have been owed on the property based on the taxable value reported under subparagraph (iv) if the property had not been exempt under this section. Subject to guidelines provided by the department of treasury, calculations under this subparagraph must take into account the availability of an exemption under section 7cc if an exemption under section 7cc would have been available for the property had it not been exempt under this section.
(vi) If taxes paid on the property were refunded as a result of a subsequent grant of the exemption under this section, documentation to support granting the refund and the amount of the refund, including a list of the specific millages that resulted in the refunded amount.
(b) A list of the individual local taxing units to which the reimbursement is expected to be distributed, the amount of each local taxing unit's anticipated distribution based on all taxes foregone by the local taxing unit on properties described in subdivision (a)(v) and all refunds provided by the local taxing unit for properties described in subdivision (a)(vi), and, if applicable to a local taxing unit, a further listing of beneficiary entities to whom the anticipated distribution must be redistributed and the amount of each anticipated redistribution. As used in this subdivision, "beneficiary entity" means a local governmental entity ultimately entitled to some or all of the tax revenue attributable to a millage levied by a local taxing unit.
(4) (3) As used in this section, "disabled veteran" means a person an individual who is a resident of this state and who meets 1 of the following criteria:
(a) Has been determined by the United States department Department of veterans affairs Veterans Affairs to be permanently and totally disabled as a result of military service and entitled to veterans' benefits at the 100% rate.
(b) Has a certificate from the United States veterans' administration, or its successors, Department of Veterans Affairs certifying that he or she is receiving or has received pecuniary assistance due to disability for specially adapted housing.
(c) Has been rated by the United States department Department of veterans affairs Veterans Affairs as individually unemployable.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5009 (request no. 00641'21) of the 101st Legislature is enacted into law.
