Reset Form Michigan Department of Treasury Parcel Number 5278 (Rev. 09-22) 2023 Eligible Manufacturing Personal Property Tax Exemption Claim, and Report of Fair Market Value of Qualified New and Previously Existing Personal Property (Combined Document) Issued under authority of PA 206 of 1893 and PA 92 of 2014, as amended. Filing is mandatory in order to claim the Eligible Manufacturing Personal Property tax exemption. DO NOT COMPLETE THIS COMBINED DOCUMENT UNLESS THE PERSONAL PROPERTY MEETS THE DEFINITION OF ELIGIBLE MANUFACTURING PERSONAL PROPERTY. Eligible Manufacturing Personal Property (EMPP) means all personal property located on occupied real property if that personal property is predominantly used in industrial processing or direct integrated support. For personal property that is construction in progress and part of a new facility not in operation, EMPP means all personal property that is part of that new facility if that personal property will be predominantly used in industrial processing when the facility becomes operational. Qualified new and qualified previously existing personal property (as defined by MCL 211.9m and 211.9n) for which an exemption has been properly claimed is exempt from local property tax. To claim this exemption, a fully completed Form 5278 must be delivered to the assessor of the local unit of government in which the qualified personal property is located, postmarked no later than February 21, 2023. Failure to complete the required certification, personal property statement, and report of fair market value on Form 5278 may result in the claim being denied. Claiming this exemption when not entitled to it can result in significant penalties. Important Note: Leasing companies are not eligible to receive the exemption under MCL 211.9m and MCL 211.9n and may not use this Combined Document. A lessee and lessor may elect that the lessee report leased personal property on this Combined Document by completing the Election of Lessee Report of Eligible Manufacturing Personal Property (Form 5467) and attaching it to this form. Absent such an election, the personal property must be reported by the lessor on the personal property statement (Form 632). PART 1: ELIGIBLE MANUFACTURING PERSONAL PROPERTY TAX EXEMPTION CLAIM To claim this exemption you must fully complete the entire Combined Document, including the required certification, and report of fair market value. A separate Form 5278 must be filed for each parcel number. Taxpayer Information Federal Employer Identification Number (FEIN) Taxpayer Name Associated with this FEIN Primary Occupant Name, if other than Taxpayer Name - Assumed names, if any, used by legal entity (attach list if necessary): Contact Person Name Contact E-mail Address Contact Telephone Number Contact St. No. Contact Street Name or PO Box Contact City State ZIP Code Country Printed Name of Person in Charge of Records Telephone Number Address where records are retained Personal Property Location Information Parcel Number of Personal Property claimed as Eligible Manufacturing Personal Property NOTE: If the property is located within a city, complete the City and County fields below. If located within a township but not within a village, complete the Township and County fields. If the property is located within a village, complete the Township, Village, and County fields. City Township Village County Street Address where personal property is located City State ZIP Code List all real property parcel numbers where the personal property reported on this form is located (attach list as necessary) CERTIFICATION 1. I certify that I own, lease or otherwise occupy the real property on which the eligible manufacturing personal property is located, or I am the sole proprietor, partner, officer, managing member or the duly authorized agent of the owner, lessee or occupant (agent must attach letter of authority). 2. I certify that the personal property for which an exemption is claimed pursuant to this Combined Document is Eligible Manufacturing Personal Property as defined by MCL 211.9m and the personal property for which an exemption is being claimed meets the more than 50% requirement of being predominately used in industrial processing or direct integrated support and therefore qualifies or will qualify for exemption under MCL 211.9m or MCL 211.9n. 3. I certify my understanding that according to Public Act 92 of 2014, as amended, I am required to provide access to the books and records, for audit purposes, relating to the location and description; the date of purchase, lease, or acquisition; and the purchase price, lease amount, or value of all personal property owned by, leased by, or in the possession of that person or a related entity if requested by the assessor of the township or city, county equalization department, or Michigan Department of Treasury for the year in which the statement is filed and the immediately preceding 3 years. 4. I certify my understanding that to qualify for the EMPP exemption on this parcel, I must electronically certify an ESA statement and make electronic payment of any ESA liability by the statutory deadline of August 15, 2023, and that failure to pay ESA liability and applicable late payment penalty via ACH, EFT, or e-file by the statutory deadline of April 15, 2024, will result in rescission of this exemption. I understand that Public Act 92 of 2014 prohibits payment of ESA liability by check. 5. I hereby certify that all the information contained within and attached to this Combined Document is true and accurate to the best of my knowledge, information and belief. Signature Date Assessor Use Only - Date of Receipt Printed Name Title Continue on Page 2 |
5278, Page 2 PART 2: Report of Fair Market Value (Acquisition Cost) of Qualified New and Previously Existing Personal Property Qualified new personal property and qualified previously existing personal property located on occupied real property is exempt from local ad valorem taxation and is instead subject to the Essential Services Assessment (ESA), payable to the Michigan Department of Treasury. See instructions, page 2. Check if there is zero acquisition cost reported in the total in Part 2, Section B, below. Unless this box is checked, failure to report acquisition cost in Section B may result in rescission of the EMPP exemption for this parcel. Check if the personal property reported on this form includes leased personal property for which the election of lessee report is being filed. The taxpayer must complete the Election of Lessee Report of Eligible Manufacturing Personal Property (Form 5467) and include it with this copy of Form 5278 when filed with the local tax collecting unit. Section A: Summary and Reporting Instructions for Essential Services Assessment Provide a yes or no answer to all questions. The Acquisition Cost [MCL 211.1053(a)(i)] for all personal property must be reported in Section B below. 1. Is the personal property reported on this Combined Document subject to an Industrial Facilities Exemption Certificate (P.A. 198 of 1974) that was in effect on or after December 31, 2012? If yes, attach a copy of the IFT certificate ............... Yes No IFT Certificate Certificate Begin Date Certificate End Date Number: Y Y Y Y — NOTE: The IFT Certificate Number is typically seven digits, although some may also have an additional character that is entered in the dotted field. Otherwise, leave the dotted box blank. 2. Is the personal property reported on this Combined Document subject to a P.A. 328 (MCL 211.9f) New Personal Property exemption that was in effect on or after December 31, 2012, and expired on or before December 30, 2022? If yes, attach a copy of the P.A. 328 certificate ...................................................................................................................... Yes No P.A. 328 Certificate Begin Date Certificate End Date Certificate Number: — Y Y Y Y 3. Is the personal property reported on this Combined Document exempt from the Essential Services Assessment, and either subject to or exempt from an Alternative Essential Services Assessment, as a result of a resolution adopted under provisions of MCL 211.1059 by the Michigan Strategic Fund (MSF)? If yes, attach a copy of the MSF resolution .. Yes No MSF Certificate Certificate Begin Date Certificate End Date Number: Y Y Y Y — 4. Is the personal property reported on this Combined Document subject to a Renaissance Zone Exemption? ................ Yes No Renaissance Zone Name Expiration Date Section B: Report of Acquisition Cost Report of Qualified New Personal Property (MCL 211.9m) and Qualified Previously Existing Personal Property (MCL 211.9n). For purposes of reporting in this section, “Acquisition cost” means 100% of the fair market value of personal property at the time of acquisition by the first owner, including the cost of freight, sales tax, and installation, and other capitalized costs, except capitalized interest, prior to any reduction of Fair Market Value provided for by statute. Report Construction in Progress (CIP) as defined in MCL 211.9m(6)(c) in this part of the Document. For Construction in Progress, Acquisition Cost includes the cost of freight, sales tax, and installation. (See instructions for more information on Construction in Progress.) Year Placed in Service Acquisition Cost [MCL 211.1053(a)(i)] Year Placed in Service Acquisition Cost [MCL 211.1053(a)(i)] Construction in Progress 2017 2022 2016 2021 2015 2020 2014 2019 2013 2018 2012 and Prior TOTAL ACQUISITION COST FOR ALL YEARS LISTED HERE IN SECTION B |
Instructions for Form 5278 Eligible Manufacturing Personal Property Tax Exemption Claim, and Report of Fair Market Value of Qualified New and Previously Existing Personal Property (Combined Document) NOTE: A section on term definitions is included at the end of these instructions. Leasing companies are not eligible to receive the exemption What’s New for 2023 for qualified new personal property and qualified previously • All qualified new and previously existing personal existing personal property and may not use this Combined property first placed in service inside or outside of the state Document. With respect to personal property that is the is now exempt from local property taxation and is instead subject of a lease agreement, regardless of whether the subject to the State Essential Services Assessment (ESA). agreement constitutes a lease for financial or tax purposes, Eligible Manufacturing Personal Property (EMPP) first if the personal property is or will be Eligible Manufacturing placed in service in all years is now eligible and acquisition Personal Property, the lessee and lessor may elect that the costs should be reported in Part 2, Section B, of this lessee report the leased personal property on this Combined Combined Document. Document and be responsible for any Essential Services • Because February 20, 2023, falls on a state holiday, Assessment liability that results. delivery by the United States Postal Service is timely if To elect for the lessee to report the leased personal postmarked on or before February 21, 2023. property, at least some, but not necessarily all, personal • Eligible claimants who did not submit Form 5278 to the property subject to the lease agreement must be Eligible assessor of the local unit in which the property is located by Manufacturing Personal Property as defined in MCL 211.9m February 21 may submit a completed Form 5278 directly to and MCL 211.9n. The Election of Lessee Report of Eligible the March Board of Review of the local unit in which the Manufacturing Personal Property (Form 5467) must also be property is located prior to final adjournment of their March attached to this Combined Document at the time it is filed meeting. with the local tax collecting unit. • Full electronic payment of the 2023 Essential Services If election is made, property subject to the lease agreement Assessment must be received no later than August 15, must be reported on Part 2 of this Combined Document, as 2023. If payment is not received in full by August 15, a late applicable. payment penalty at a rate of 3% of the unpaid balance per month, up to a maximum of 27%, will incur. In calculating All State Tax Commission Bulletins and Forms referenced the penalty, a partial month is considered a whole month and in these instructions can be accessed at www.michigan.gov/ will not be prorated based on the day the late payment is PPT or www.michigan.gov/ESA. received by the Department of Treasury. Part 1: Claim of Eligible Manufacturing Personal • If electronic payment of the 2023 Essential Services Property Assessment and late payment penalty is not received in full by April 15, 2024, the Department of Treasury is This section must be filled out in its entirety in order to required to rescind the claimant’s eligible personal property qualify for the exemption. This includes the local unit exemption(s). information, property owner information and certification. Partially completed forms may not be accepted by the General Instructions local unit and your failure to fully complete the Combined Document may result in denial of the exemption. This Combined Document may only be used by those claiming the Eligible Manufacturing Personal Property Personal Property Location Information: The parcel (EMPP) exemption. Taxpayers should review the Assessor’s number for the personal property being claimed as EMPP Guide to Eligible Manufacturing Personal Property and must be provided. If no number exists, contact the assessor ESA and ESA Topics available online at www.michigan. of the local unit in which the personal property is located gov/ESA for more information on what is EMPP. Claimants and request that a number be assigned. List the local unit must annually complete this form in its entirety for each of government in which the property is assessed. Only one parcel of eligible personal property and file it with the local field, in addition to the County field, should be entered unit where the personal property is located by February unless the claimed personal property is located in a village, 21, 2023. Eligible claimants who did not file by February in which case both the village and township should be listed. 21, 2023, may file Form 5278 to the 2023 March Board of Certification of the Form indicates understanding that Review prior to final adjournment of their March meeting. the certification and payment of ESA must be performed Taxpayers not claiming the EMPP exemption should not electronically. No tax bill will be sent by Treasury and no use this Combined Document, but should file the Personal ESA return or payment will be accepted by mail. Property Statement (Form 632) with their local tax collecting unit. Instructions — Page 1 |
Instructions for Part 2: Essential Services Assessment Statement Instructions For further information, all State Tax Commission Bulletins acquisition price paid by the first owner for personal and Forms referenced in these instructions are available at property, and any costs of freight, sales tax, and installation, www.michigan.gov/ESA or www.michigan.gov/PPT. and other capitalized costs, except capitalized interest, reflect the acquisition cost. The cost of freight, sales tax Summary and Reporting Instructions for and installation must be included. Other capitalized costs, Essential Services Assessment except capitalized interest must be reported. Construction in Provide a yes or no answer to all questions. If a yes answer Progress (CIP), as defined in MCL 211.9m(86)(c), is reported is provided, the acquisition costs for that eligible personal on the separate “Construction in Progress” line. property must be reported as indicated by the instructions. EMPP claimants should not adjust the fair market value A list of all applicable certification numbers for this parcel to address deductions related to valid IFT certificates, must be attached to this form. Renaissance Zones, Construction in Progress, or the Check the leased personal property box only if Form 5467 is property’s status as idle or obsolete equipment. attached to this Form 5278 when filed. NOTE: If the EMPP claimed on this combined document Number 1: Qualified new or previously existing personal is approved by the local tax collecting unit, the information property exempt under MCL 211.9m or MCL 211.9n and that reported on Form 5278 will be transmitted to the Michigan was subject to an Industrial Facilities Exemption Certificate Department of Treasury. By May 1, the Department of (P.A. 198) that was in effect on or after December 31, 2012, Treasury shall generate an electronic statement for each must be designated in this part including the certificate eligible claimant for calculation of the Essential Services number. Attach a copy of the IFT certificate or other official Assessment. This statement is available through the documentation. IFT certificate numbers are assigned by the Michigan Treasury Online (MTO) website at www.mto. State Tax Commission upon approval and consist of a four treasury.michigan.gov. To receive the EMPP exemption, digit year and a unique three-digit number, separated by a the eligible claimant is required to certify and electronically dash. Certificates that have been amended by the State pay the ESA tax liability shown on that certified statement. Tax Commission may also include a letter (typically “a”) This ESA Statement is only available online and will not be following the seven digits. mailed or otherwise transmitted to the claimant. Similarly, no invoice or tax bill will be mailed or issued to EMPP NOTE: IFT certificates with a begin date after December exemption claimants indicating the amount of ESA liability 31, 2012, do not receive any benefit in the calculation of ESA due. To receive the EMPP exemption for 2023 and avoid liability. late penalties, each taxpayer is required to certify this ESA Number 2: Personal property subject to an MCL 211.9f Statement and pay the full ESA liability by August 15, 2023. (P.A. 328) exemption that was in effect on or after December Payments not received by August 15 begin to accrue penalty 31, 2012, and expired on or before December 30, 2022, at the rate of 3% per month or part of a month to a maximum must be designated in this section including the certificate of 27%. If 2023 is the claimant’s first assessment year, the number. Attach a copy of the P.A. 328 certificate or other penalty shall be waived if the statement and full payment official documentation. P.A. 328 certificate numbers are are submitted by September 15. No waiver of late payment assigned by the State Tax Commission upon approval and penalty is available to claimants who filed in 2022 or prior. consist of a a unique three-digit number followed by a four In accordance with statutory requirements, an eligible digit year, separated by a dash. claimant can pay the ESA tax and any late payment penalty Number 3: Personal property that is exempt from the by using MTO, Electronic Funds Transfer (EFT) credit, Essential Services Assessment and either subject to or or e-file no later than April 15, 2024. Payments cannot be exempt from the Alternative Essential Services Assessment mailed to Treasury. as a result of a resolution issued under provisions of MCL Detailed instructions on how to navigate MTO, as well as 211.1061 by the Michigan Strategic Fund beginning in 2016 additional information regarding the EMPP exemption, ESA (MCL 211.1059) must be designated in this part. Attach a tax, and approved electronic filing and payment methods, copy of the MSF resolution. are available on the ESA Web site at www.michigan.gov/ Number 4: Personal property subject to a Renaissance Zone ESA. Claimants and professionals providing services to claimants are encouraged to sign up for the ESA listserv to exemption must be designated in this part including the receive pertinent information regarding EMPP and ESA as name of the Renaissance Zone. well as reminders of important dates. Report of Qualified New Personal Property The State Essential Services Assessment Act (P.A. 92 (MCL 211.9m) and Qualified Previously Existing of 2014, as amended) requires taxpayers claiming an Personal Property (MCL 211.9n) EMPP exemption to file and certify an ESA statement and electronically submit payment of their ESA liability Report 100% of the Eligible Personal Property’s Fair in full by August 15 to avoid late payment penalties. If a Market Value at the time of acquisition by the first owner certified statement and full payment (including late payment for all years. There is a rebuttable presumption that the Instructions — Page 2 |
penalties) are not received by April 15, 2024, Treasury is NOTE: If an EMPP exemption is rescinded, the taxpayer required to rescind the claimant’s EMPP exemption. will become liable for taxes to the local tax collecting unit. Definitions for Terms in Form 5278 Acquisition cost means the fair market value of personal processing or direct integrated support. For personal property property at the time of acquisition by the first owner, that is construction in progress and part of a new facility including the cost of freight, sales tax, and installation, and not in operation, EMPP means all personal property that other capitalized costs, except capitalized interest. There is a is part of that new facility if that personal property will be rebuttable presumption that the price paid by the first owner predominantly used in industrial processing when the facility reflects the acquisition cost. MCL 211.1053(a)(i). For property becomes operational. Personal property that is not owned, subject to an extended P.A. 198 exemption, an IFT certificate leased or used by the person who owns or leases occupied effective before January 1, 2013, that is not yet expired, real property where the personal property is located is not acquisition cost means half of the fair market value of that EMPP unless the personal property is located on the occupied personal property at the time of acquisition by the first owner, real property to carry on a current on-site business activity. including the cost of freight, sales tax, and installation, and Personal property that is placed on occupied real property other capitalized costs, except capitalized interest. solely to qualify the personal property for an exemption under 9m or 9n is not EMPP. For additional information regarding Construction in Progress means all personal property EMPP, refer to MCL 211.9m and the State Tax Commission’s that is part of that new facility if that personal property “Assessor’s Guide to Eligible Manufacturing Personal will be predominantly used in industrial processing when Property and ESA” [MCL 211.9m(6)(c)]. the facility becomes operational. For property that is construction in progress, “acquired by” means the year the Eligible Personal Property (for purposes of the Essential property is first reported on the Combined Document in the Services Assessment) means personal property exempt report of the fair market value and year of acquisition by the under MCL 211.9m or 211.9n; personal property that is first owner of qualified new personal property or qualified EMPP (defined in MCL 211.9m) that is exempt under a P.A. previously existing personal property [MCL 211.1053(a)(ii)]. 328 (MCL 211.9f) which was approved in 2014, unless the application for the exemption was filed with the eligible Direct Integrated Support is defined as: local assessing district or Next Michigan development (i) Research and development related to goods produced in corporation before August 5, 2014, and the resolution industrial processing and conducted in furtherance of that approving the exemption states that the project is expected industrial processing. to have total new personal property of over $25,000,000.00 within 5 years of the adoption of the resolution by (ii) Testing and quality control functions related to goods the eligible local assessing district or Next Michigan produced in industrial processing and conducted in development corporation; Personal Property subject to an furtherance of that industrial processing. extended industrial facilities exemption certificate under (iii) Engineering related to goods produced in industrial section MCL 207.561a (IFT); or Personal Property subject processing and conducted in furtherance of that to an extended exemption under MCL 211.9f(8) (P.A. 328 industrial processing. Exemption) [MCL 211.1053(e)]. (iv) Receiving or storing equipment, materials, supplies, Essential Services Assessment Act is an act to levy a parts, or components for industrial processing, or scrap tax on eligible manufacturing personal property exempt materials or waste resulting from industrial processing, under MCL 211.9m or MCL 211.9n; to provide for the at the industrial processing site or at another site owned administration, collection, and distribution of the tax; or leased by the owner or lessee of the industrial to impose certain duties on persons and certain state processing site. departments; to impose penalties; and to repeal acts and parts of acts. (MCL 211.1051 - 211.1061) (v) Storing of finished goods inventory if the inventory was produced by a business engaged primarily in industrial Industrial Processing is defined in MCL 205.54t and processing and if the inventory is stored either at the site MCL 205.94o: “Industrial processing” means the activity where it was produced or at another site owned or leased of converting or conditioning tangible personal property by the business that produced the inventory. by changing the form, composition, quality, combination, or character of the property for ultimate sale at retail or for (vi) Sorting, distributing, or sequencing functions that use in the manufacturing of a product to be ultimately sold optimize transportation and just-in-time inventory at retail. Industrial processing begins when tangible personal management and material handling for inputs to property begins movement from raw materials storage to industrial processing [MCL 211.9m(6)(b)]. begin industrial processing and ends when finished goods Eligible Manufacturing Personal Property (EMPP) means first come to rest in finished goods inventory storage. all personal property located on occupied real property if Industrial processing does not include the generation, that personal property is predominantly used in industrial transmission, or distribution of electricity for sale. Instructions — Page 3 |
NOTE: Utility personal property (as defined in MCL.211.34c) is not used in industrial processing or direct integrated support. NOTE: Personal property used in the generation, transmission, or distribution of electricity for sale is not eligible manufacturing personal property. Occupied Real Property is defined by statute in MCL 211.9m(6)(g) as: (i) A parcel of real property that is entirely owned, leased, or otherwise occupied by a person claiming an exemption under section 9m or 9n. (ii) Contiguous parcels of real property that are entirely owned, leased, or otherwise occupied by a person claiming an exemption under section 9m or 9n and that host a single, integrated business operation engaged primarily in industrial processing, direct integrated support, or both. A business operation is not engaged primarily in industrial processing, direct integrated support, or both if it engages in significant business activities that are not directly related to industrial processing or direct integrated support. Contiguity is not broken by a boundary between local tax collecting units, a road, a right-of-way, or property purchased or taken under condemnation proceedings by a public utility for power transmission lines if the 2 parcels separated by the purchased or condemned property were a single parcel prior to the sale or condemnation. As used in this subparagraph, “single, integrated business operation” means a company that combines 1 or more related operations or divisions and operates as a single business unit. (iii) The portion of a parcel of real property that is owned, leased, or otherwise occupied by a person claiming the exemption under section 9m or 9n or by an affiliated person. Qualified New Personal Property is defined as personal property that was initially placed in service in this state or outside of the state after December 31, 2012, or that was construction in progress on or after December 31, 2012, that had not been placed in service in this state or outside of this state before 2013 and is eligible manufacturing personal property [MCL 211.9m(6)(j)]. Qualified Previously Existing Personal Property means personal property that was first placed in service within this state or outside of this state more than 10 years before the current calendar year and is eligible manufacturing personal property [MCL 211.9n(5)(c)]. Instructions — Page 4 |