Michigan local leaders say property tax appeals are common, disagree with “dark stores” assessing

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The Center for Local, State, and Urban Policy

Michigan Public Policy Survey October 2016

Gerald R. Ford School of Public Policy  >>  University of Michigan

Michigan local leaders say property tax appeals are common, disagree with “dark stores” assessing

Key Findings •

By Debra Horner, Thomas Ivacko, and Sarah Mills

The issue of property tax appeals has been increasingly important in Michigan recently as “big box” stores (e.g. Lowe’s, Costco, etc.) have been able to significantly decrease their taxes by arguing property assessments should be based on the value of vacant comparable buildings rather than on their “highest and best use.” This is known as “dark stores” assessing, which has resulted in significant cuts in property tax revenue for some local governments. This report presents Michigan local government leaders’ views on the impact of tax assessment appeals—for big box stores and other types of property—in their jurisdictions, including effects on local fiscal health. It also provides local leaders’ opinions on decisions made by the Michigan Tax Tribunal, including about “dark stores” appeals policies. These findings are based on statewide surveys of local government leaders in the Spring 2016 wave of the Michigan Public Policy Survey (MPPS).

Overall, 89% of Michigan cities and 72% of townships—the units typically responsible for property tax assessment—report experiencing tax appeals by property owners in the last two years (whether for commercial, industrial, residential, or agricultural properties). »»

Among jurisdictions that report having “big box” commercial stores, 57% of cities and 32% of townships say there has been at least one tax appeal for these types of properties within the previous two years.

Nearly a quarter (23%) of local officials statewide say tax appeals are somewhat of a problem or a significant problem for their jurisdictions’ fiscal health, including 65% of officials in jurisdictions that have faced an appeal by a commercial big box retailer.

If property owners are unsatisfied with the outcome of an appeal to their local Board of Review, they can subsequently appeal those decisions to the state-level Michigan Tax Tribunal. Among jurisdictions that had a tax appeal to their local Board of Review in the last 2 years, 72% of city officials and 59% of township officials report property owners further appealed at least one local Board of Review determination to the Michigan Tax Tribunal.

>> The Michigan Public Policy Survey (MPPS) is a census survey of all 1,856 general purpose local governments in Michigan conducted by the Center for Local, State, and Urban Policy (CLOSUP) at the University of Michigan in partnership with the Michigan Municipal League, Michigan Townships Association, and Michigan Association of Counties. The MPPS takes place twice each year and investigates local officials’ opinions and perspectives on a variety of important public policy issues. Respondents for the Spring 2016 wave of the MPPS include county administrators, board chairs, and clerks; city mayors, managers, and clerks; village presidents, managers, and clerks; and township supervisors, managers, and clerks from 1,378 jurisdictions across the state. For more information, please contact: closup-mpps@umich.edu/ (734) 647-4091. You can also follow us on Twitter @closup

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Local leaders’ views on the Tax Tribunal’s determinations are mixed, with 22% of city officials and 41% of township officials saying they were generally satisfied with those outcomes, while 56% and 38%, respectively, say they were dissatisfied.

When it comes to recent Michigan Tax Tribunal rulings that tax assessments for big box properties should be based upon the selling price of comparable vacant “dark stores,” local officials express opposition. Half (50%) of all local officials disagree with this approach by the Tribunal, including 81% of officials from jurisdictions that have directly faced an appeal by a commercial big box retailer.

www.closup.umich.edu


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