Bill Text: MI SB0641 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Taxation; specific tax; exemption of certain property; clarify. Amends secs. 4 & 5 of 1905 PA 282 (MCL 207.4 & 207.5).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-12-03 - Referred To Committee On Michigan Competitiveness [SB0641 Detail]
Download: Michigan-2015-SB0641-Introduced.html
SENATE BILL No. 641
December 3, 2015, Introduced by Senator SHIRKEY and referred to the Committee on Michigan Competitiveness.
A bill to amend 1905 PA 282, entitled
"An act to provide for the assessment of the property, by
whomsoever owned, operated or conducted, of railroad companies,
union station and depot companies, telegraph companies, telephone
companies, sleeping car companies, express companies, car loaning
companies, stock car companies, refrigerator car companies, and
fast freight companies, and all other companies owning, leasing,
running or operating any freight, stock, refrigerator, or any other
cars, not being exclusively the property of any railroad company
paying taxes upon its rolling stock under the provisions of this
act, over or upon the line or lines of any railroad or railroads in
this state, and for the levy of taxes thereon by a state board of
assessors, and for the collection of such taxes, and to repeal all
acts or parts of acts contravening any of the provisions of this
act,"
by amending sections 4 and 5 (MCL 207.4 and 207.5), as amended by
2002 PA 610.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) The state board of assessors shall annually
determine the true cash value and taxable value of property having
a situs in this state of all of the following:
(a) Railroad companies.
(b) Union station and depot companies.
(c) Telegraph companies.
(d) Telephone companies.
(e) Sleeping car companies.
(f) Express companies.
(g) Car loaning companies.
(h) Stock car companies.
(i) Refrigerator car companies.
(j) Fast freight line companies.
(k) All other companies owning, leasing, running, or operating
any freight, stock, refrigerator, or any other cars not the
exclusive property of a railroad company paying taxes on its
rolling stock under this act, over or on the line or lines of any
railroad in this state.
(2) For tax years that begin after December 31, 2005, the
state board of assessors shall annually determine the true cash
value and taxable value of property having a situs in this state of
telegraph companies and telephone companies in the same manners as
property assessed under the general property tax act, 1893 PA 206,
MCL
211.1 to 211.157.211.155.
(3) The property of a telegraph and telephone company with
gross receipts within this state for a year ending December 31 of
not more than $1,000.00 is exempt from taxation under this act.
(4) All telegraph and telephone companies doing business in
this state shall make the report required under section 6.
Sec. 5. (1) As used in this act, "property" means 1 of the
following:
(a) Except as otherwise provided in subdivision (b), all
property, real or personal, belonging to the persons, corporations,
companies, copartnerships, and associations subject to taxation
under this act, including rights-of-way, road beds, stations, cars,
rolling stock, tracks, wagons, horses, office furniture, telegraph
and telephone poles, wires, conduits, switchboards, all other
property used in carrying on their business and owned by them
respectively, all other real and personal property, and all
franchises. Franchises shall not be directly assessed, but shall be
considered in determining the value of the other property. Property
does not include, apply to, or subject to taxation property or real
property owned and capable of being conveyed by the persons,
corporations, companies, copartnerships, and associations subject
to taxation under this act that is not actually occupied in the
exercise of their franchises, or in use in the operation and
conduct of their business.
(b) For telegraph companies and telephone companies only, for
tax years that begin after December 31, 2005, only property that
would be subject to the collection of taxes under the general
property
tax act, 1893 PA 206, MCL 211.1 to 211.157, 211.155, if
that property were not subject to taxation under this act and to
the extent that the property is exempt from taxation under the
general property tax act, 1893 PA 206, MCL 211.1 to 211.155, that
property is exempt from taxation under this act.
(2) Real property exempt from the tax levied under this act
under subsection (1) is subject to taxation in the same manner, for
the same purposes, to the same extent, and subject to the same
conditions and limitations as other real property in the townships
or municipalities in which that property is located.
(3) As used in this act, the terms "company", "corporation",
"copartnership", "association", and "person" apply to and shall be
construed as referring to the following:
(a) A railroad company, union station and depot company,
telegraph company, telephone company, sleeping car company, express
company, car loaning company, stock car company, refrigerator or
fast freight line company, or any other companies owning, leasing,
running, or operating any freight cars, stock cars, refrigerator
cars, or any other cars, not the exclusive property of a railroad
company paying taxes upon its rolling stock under this act, over or
upon the line or lines of any railroad or railroads in this state.
(b) A firm, joint stock association, copartnership,
corporation, or other association or person engaged in carrying on
any business, the tangible property of which is subject to taxation
under this act.
(4) As used in this act, "property having a situs in this
state," includes all of the following:
(a) Except as otherwise provided in subdivision (b), the
property, real and personal, of the persons, corporations,
companies, copartnerships, and associations subject to taxation
under this act, owned, used, and occupied by them within this
state, and also the proportion of their rolling stock, cars, and
other property used partly within and partly outside of this state
as provided in this act.
(b) For telegraph companies and telephone companies only, for
tax years that begin after December 31, 2005, only the tangible
property, real and personal, owned, used, and occupied by them
within this state.
