Unless the state Legislature takes action before the end of the year, the type of property tax abatement being sought by the owner of Oxford Township’s Legacy Center will no longer be available to him or anyone else.
Christian Mills, who owns the 208,000-square-foot building at 925 N. Lapeer Rd., is seeking a 10-year abatement of local taxes under the Commercial Rehabilitation Act.
The problem is this state law, enacted in 2005, has a built-in sunset. It states no new commercial rehabilitation exemptions shall be granted after Dec. 31, 2015.
But there are two bills in the state Legislature aimed at changing that.
House Bill 4635, introduced in May, would change the sunset date to Dec. 31, 2020. Senate Bill 556, introduced in early October, seeks to repeal the sunset date, but does not propose a new one.
State Rep. Brad Jacobsen (R-Oxford) believes the legislature will take action before the year is out.
‘From what I understand, negotiations have been going on (and) it’s going to have a five-year extension on it,? he said. ‘I am quite confident it will be extended.?
Mills believe ‘tax incentives,? like the commercial rehabilitation exemption, are important because they ‘help businesses? reinvest in themselves and continue to grow.
‘When those tax incentives dry up, it hurts the economy,? he said.
Even if the sunset is extended, Mills missed this year’s deadline to potentially have an abatement beginning with the 2016 tax year.
The deadline to have all the necessary paperwork filed with the State Tax Commission (STC) expired Oct. 31. In order to review a request, the STC, which has the final say on whether commercial rehabilitation exemptions are granted, must have the completed application, plus a resolution of approval from the township board.
Oxford officials haven’t even had an opportunity to address the issue yet, let alone agree to establish a commercial rehabilitation district, something that must exist in order to be eligible for this type of abatement. Creation of these districts requires county approval as well.
Mills submitted his request to establish a district Oct. 16 and township officials will discuss it at their 7 p.m. Nov. 4 board meeting.
‘Looking back, we should have applied for it a year earlier,? Mills admitted.
Mills purchased the old Sea Ray boat plant and the 19.74 acres it sits on in September 2014.
The commercial rehabilitation exemption he’s hoping to receive would freeze the taxable value of the building and exempt any new investment in it from local property taxes for a period of up to 10 years.
Between purchasing the property and making improvements, Mills said his total investment in the Legacy Center project is going to be ‘well over $5 million,? but under $10 million.
He’s renovating the building to become a facility containing a mixture of businesses geared toward fitness, family entertainment, team/individual sports, music, art, life skills and dining.
If Mills were granted this abatement, he would still have to pay a total of 52.8756 mills in local, county and state taxes on the building’s value prior to rehabilitation.
One mill is equal to $1 for every $1,000 of a property’s taxable value.
However, he would not have to pay 28.9314 mills on the increased value stemming from building improvements. This includes 11.2412 mills in township taxes, 9.7902 mills in county taxes and 7.9 mills to retire the school district’s bond debt.
The only taxes he would be required to pay on the new investment would be the 17.9442-mill school district operating tax and 6-mill State Education Tax (SET).
Right now, the Legacy Center’s building and land have a combined taxable value of approximately $2.5 million. Of that, approximately $500,000 is for the land and the rest is for the building.
Commercial rehabilitation exemptions don’t apply to land or personal property, only buildings.
Between the 2015 summer tax bill and upcoming winter bill, Mills will pay a total of $133,879 in property taxes on the Legacy Center site this year. That includes $15,170 for the SET, $45,368 for the school district’s operating tax and $73,341 in township and county taxes, plus the school debt payment.
Mills wants the tax abatement in order to somewhat lessen his risk. He said he plans to invest the savings in the building.
Commercial rehabilitation exemptions are not very common in the state.
The Michigan Department of Treasury reported for the 2014 tax year, there were 63 properties receiving exemptions in districts established by 34 local governments. That’s up from the previous year when there were 45 properties in districts established by 28 local governments.
‘There’s only three or four in Oakland County,? Jacobsen said. ‘I think Grand Rapids has used it a few times, but mostly it’s been in Detroit.?
‘From what I understand, (the Commercial Rehabilitation Act) was instituted during slower economic times to allow local communities to have the option of giving some tax abatements to try to encourage some local development,? he added.