Legislative Analysis Phone: (517) 373-8080 LAND TAX EQUITY ACT http://www.house.mi.gov/hfa House Bills 4966 (H-2) as amended Analysis available at House Bills 4969 and 4970 as reported from committee http://www.legislature.mi.gov Sponsor: Rep. Stephanie A. Young House Bill 4967 as amended House Bill 4968 as reported Sponsor: Rep. Karen Whitsett Sponsor: Rep. Alabas Farhat Committee: Tax Policy Revised 10-13-23 SUMMARY: House Bills 4966 to 4970 would create the Land Tax Equity Act and make complementary changes to the General Property Tax Act, the Neighborhood Enterprise Zone Act, the Income Tax Act, and the Tax Reverted Clean Title Act. House Bill 4966 would create the Land Tax Equity Act, which would allow a qualified city and certain local units of government to authorize a land value tax (LVT). The LVT would allow the city and local units of government to designate qualified taxes to be replaced by an equivalent land tax rate levied on all parcels of land not specifically exempted by the bill. Qualified city would mean a city with a population of at least 500,000 (i.e., Detroit) that has adopted a resolution authorizing the levy of an LVT as described below. (Similarly, qualified local unit of government would mean a local unit of government that has adopted such a resolution.) Local unit of government would mean a school district, community college district, library, authority, charter authority, or other type of local governmental unit that is not a city and that meets all of the following: • It is created by or authorized to be created by state law. • It is authorized to levy ad valorem taxes for operating purposes. • It has geographic boundaries coterminous with or totally within the geographic boundaries of a qualified city. Qualified tax would mean that portion, which could not be less than 50%, of a city’s or local unit of government’s authorized ad valorem millage that is designated under the bill as eligible to be converted to an equivalent land tax rate for levy as an LVT. Authorized ad valorem millage would mean the rate of ad valorem millage that a city or local unit of government is authorized to levy for operating purposes under law or charter after any reduction caused by the application of section 34d of the General Property Tax Act. 1 1 http://legislature.mi.gov/doc.aspx?mcl-211-34d House Fiscal Agency Page 1 of 15 Operating purposes would mean either of the following, as applicable: • Municipal purposes for which a city is authorized under section 3 of the Home Rule City Act 2 to lay and collect taxes under the city’s charter. • Purposes for which ad valorem property taxes are levied by a local unit of government, other than the levy of ad valorem property taxes to provide school districts revenue that is deposited in a building and site fund and other than to pay principal and interest due on a bond or note if and to the extent the ad valorem taxes levied for these purposes are in addition to charter or statutory limitations, as authorized by the Revised Municipal Finance Act. Equivalent land tax rate would mean, for a city or local unit of government that has adopted a resolution authorizing an LVT, the percentage that, when multiplied by the taxable value of all land in the city or local unit of government for the first year in which the rate is imposed, would generate revenue equal to the revenue that would have been generated by the qualified tax for the first year in which an LVT is imposed. It would be calculated to reflect all of the following: • Tax increment revenues. • Any reimbursements to a land bank fast track authority required by the bill to be annually distributed from the receipts of an LVT. • An adjustment to compensate for the effect of any credits allowed by the bill on the revenue of a qualified city. Tax increment revenues would mean all of the following, as applicable: • For a downtown development authority, that term as defined in section 201(cc) of the Recodified Tax Increment Financing Act. 3 • For a tax increment finance authority, that term as defined in section 301(aa) of the Recodified Tax Increment Financing Act. 4 • For a local development finance authority, that term as defined in section 402(jj) of the Recodified Tax Increment Financing Act. 5 • For a corridor improvement authority, that term as defined in section 603(g) of the Recodified Tax Increment Financing Act. 6 • For a brownfield redevelopment authority, that term as defined in section 2(tt) of the Brownfield Redevelopment Financing Act. 7 Land would mean real property other than buildings and fixtures or other improvements on the real property, and appurtenances to the real property. 2 http://legislature.mi.gov/doc.aspx?mcl-117-3 3 http://legislature.mi.gov/doc.aspx?mcl-125-4201 4 http://legislature.mi.gov/doc.aspx?mcl-125-4301 5 http://legislature.mi.gov/doc.aspx?mcl-125-4402 6 http://legislature.mi.gov/doc.aspx?mcl-125-4603 7 http://legislature.mi.gov/doc.aspx?mcl-125-2652 House Fiscal Agency HBs 4966 to 4970 as amended Page 2 of 15 Authorizing and creating an LVT Under the bill, a city could authorize an LVT upon the written request of the chief executive officer of the city to the city’s governing body. The chief executive officer’s recommendation would have to include all of the following: • The qualified city’s authorized ad valorem millage that may be qualified taxes and eligible to be converted to an equivalent land tax rate and exempted from collection. • The year in which the recommended LVT would commence. • If desired by the chief executive officer, the recommendation to adopt the system of credits allowed under the bill and any recommended modifications to those credits. Chief executive officer would mean the mayor of a city that has a separately elected mayor form of government. (If a city does not have a chief executive officer, the city’s governing body could take actions assigned to a chief executive officer by the bill.) After receiving the written request, the city’s governing body could authorize an LVT by adopting a resolution that is consistent with the request and provides for all of the following: • A number of mills of the city’s authorized ad valorem millage that may be designated as the portion eligible to be converted to the equivalent land tax rate of the city, which millage would be the qualified taxes of the city that are exempted from collection as ad valorem taxes under HB 4967 upon approval of the voters of an LVT. • The projected millage of the equivalent land tax rate that will be levied on land in the first year the LVT is imposed. • The first year in which the LVT would be imposed if approved by the voters. • The phase-in period and percentages for the equivalent land tax rate during the phase- in period, if one has been recommended by the chief executive officer. • If the chief executive officer of a city has made a recommendation to adopt a system of credits under the bill, and the governing body determines to do so, the approval of the system of credits and of any modifications allowed under the bill and recommended by the chief executive officer. A local unit of government could authorize an LVT by adopting a resolution consistent with the requirements described above, except that it could not adopt a system of credits under the bill. After the adoption of a resolution as described above, the city or local unit of government would have to submit the question of levying an LVT to voters at the first regular election date, after September 1, 2024, established under the Michigan Election Law8 in an election conducted under the provisions of that law. At a minimum, the question would have to include the following: • An identification of the qualified city or qualified local unit of government. • The level of the qualified city’s or qualified local unit’s authorized ad valorem millage that, on voter approval of an LVT, will be qualified taxes exempted from collection as an ad valorem levy. • The first year in which the LVT would be imposed if approved by the voters and any phase-in period. 8 http://legislature.mi.gov/doc.aspx?mcl-168-641 House Fiscal Agency HBs 4966 to 4970 as amended Page 3 of 15 • Based on the most recently established taxable valuations and the amount of qualified taxes to be exempted from collection as an ad valorem levy, the estimated equivalent land tax rate that would be levied on land. • A description of the base on which the LVT would be imposed if approved by the voters. If the question is approved, the qualified city or qualified local unit of government would certify its ad valorem tax millage levy and designate the portion of the certified mills to be qualified taxes at the levels established in the resolution and approved by the voters. From the qualified taxes, the city or local governmental unit would establish and designate the portion of the equivalent land tax rate for the tax year that would be imposed as an LVT. This amount would have to equal the equivalent land tax rate for the city or local unit of government. Once approved by the voters, a qualified city or local unit of government would levy an LVT at the portion of the equivalent land tax rate established under the process described above on each parcel of land located in the city or local unit not exempted under the bill. Any specific tax imposed under law that is based on or calculated using certified millage levies would be calculated using the entire millage certified annually by a qualified city or local unit of government, including the mills designated to be qualified taxes. After the designation of certified mills as qualified taxes, a qualified city’s chief executive officer would determine the equivalent land tax rate and the portion of the rate that will be levied as an LVT for the year. The executive officer would have to transmit a statement with these amounts, the calculation of the equivalent land tax rate, and the authorized ad valorem millage rate of the city that will be exempt from collection under HB 4967 to the city’s governing body and the State Tax Commission (STC). In a qualified local unit of government, these actions could be performed by the unit’s governing body or delegated to an official or administrative officer of the local unit. The portion of the equivalent land tax rate to be imposed as an LVT would apply to the taxable value of land subject to the tax in the year that it is levied. For the purposes of the bill and unless an alternative method was prescribed by the STC, the taxable value for the land portion of a parcel of property in each year would be calculated by multiplying the taxable value of the entire property by the percentage of the entire state equalized value (SEV), including improvements, attributable to the land portion of the parcel. Reverting to ad valorem taxation Under the bill, the governing body of a qualified city or, upon request of the governing body of the qualified city, the governing body of a local unit of government could adopt a resolution for the submission of a question to the voters to approve a reduction of the maximum levy of the LVT previously approved by voters and reduce the level of ad valorem taxes that may be designated as qualified taxes. If the voters approve the question, the reduction in the amount of ad valorem taxes designated as qualified taxes would be determined using the same conversion rate as was used for the first year the LVT was levied, and those taxes no longer designated as qualified taxes would be House Fiscal Agency HBs 4966 to 4970 as amended Page 4 of 15 reimposed as ad valorem taxes. The reduction would take effect the calendar year following approval by the voters. Changing the equivalent land tax rate The equivalent land tax rate calculated during the initial year would not change in subsequent years unless the certified mills designated to be qualified taxes increases. In these cases, the equivalent land tax rate would be calculated based on the revenue the additional mills designated to be qualified taxes would have generated on the taxable value for the year in which the equivalent land tax rate would increase. Levying the LVT An LVT would be levied under many of the same procedures established by the General Property Tax Act, unless otherwise provided in the bill. Specifically: • An LVT would be assessed, levied, collected, and disbursed in the same manner as an ad valorem tax on real property under the General Property Tax Act. • An LVT would be annual tax payable at the same times, in the same installments, and to the same officers as ad valorem taxes imposed under the General Property Tax Act and the State Education Tax Act. • An LVT would be subject to the same collection fees, penalties, and interest as taxes imposed under the General Property Tax Act, including any applicable property tax administration fee or late penalty charge. • Property granted a poverty exemption under the General Property Tax Act before April 1 of the year the tax is levied would be exempt from an LVT to the extent and for the duration provided by the General Property Tax Act unless the qualified city levying an LVT had adopted the credit allowed for homesteads under the bill (described below). • Land or real estate that is exempt from the levy of ad valorem taxes and ad valorem taxes on land or real estate that are exempt from collection under the General Property Tax Act or another state law (except for the exemption provided by HB 4967) would be exempt from an LVT. • An LVT would become a lien on property assessed on the same date as an ad valorem tax levied under the General Property Tax Act. A lien for an LVT would include any applicable collection fees, penalties, or interest and would continue until fully paid. • Any unpaid LVT and any applicable fee or interest would be returned to the county treasurer as delinquent at the same time as ad valorem taxes on real property under the General Property Tax Act. Real property subject to a delinquent LVT would be subject to forfeiture, foreclosure, and sale at the same time and in the same manner as delinquent real property under the General Property Tax Act. • A qualified city would be subject to audit under section 10g of the General Property Tax Act 9 in the same manner as all other assessing districts, and the administration of an LVT would need to comply with that section. Any aspects of an LVT’s administration that did not comply with section 10g would be submitted to the STC by the qualified city for review and approval. 9 http://legislature.mi.gov/doc.aspx?mcl-211-10g House Fiscal Agency HBs 4966 to 4970 as amended Page 5 of 15 Disbursement of the LVT Prior to disbursements to any other taxing units levying a qualified tax, the following disbursements would have to be made: • If the LVT revenue includes amounts that would have been tax increment revenues captured under a plan approved before the electors of the qualified city or local governmental unit approved the levy of an LVT, the tax increment revenues that those entities would have been entitled to receive from qualified taxes would have to be disbursed to them from LVT revenues in a manner consistent with the disbursement