Mich. Comp. Laws § 211.9j

Current through Public Acts 1-76 and 78-116 of the 2021 Legislative Session
Section 211.9j - Tax exemption for property used by qualified high-technology business in innovations center
(1) For taxes levied after December 31, 2004, upon application for an exemption under this section by the administration of an innovations center, the governing body of a local tax collecting unit may adopt a resolution to exempt from the collection of taxes under this act all personal property that is owned or used by any qualified high-technology business located in that innovations center and all personal property that is owned or used by the administration of that innovations center. The clerk of the local tax collecting unit shall notify in writing the assessor of the local tax collecting unit and the legislative body of each taxing unit that levies ad valorem property taxes in the local tax collecting unit. Before acting on the resolution, the governing body of the local tax collecting unit shall afford the assessor and a representative of the affected taxing units an opportunity for a hearing. A copy of the resolution shall be filed with the state tax commission. The application for exemption under this section shall be in a form prescribed by the state tax commission.
(2) The administration of an innovations center may claim the exemption under subsection (1) by filing an affidavit claiming the exemption with the assessor of the local tax collecting unit. The affidavit shall be in a form prescribed by the state tax commission.
(3) As used in this section:
(a) "Certified technology park" means that term as defined in section 2 of the local development financing act, 1986 PA 281, MCL 125.2152.
(b) "High-technology activity" means 1 or more of the following:
(i) Advanced computing, which is any technology used in the design and development of any of the following:
(A) Computer hardware and software.
(B) Data communications.
(C) Information technologies.
(ii) Advanced materials, which are materials with engineered properties created through the development of specialized process and synthesis technology.
(iii) Biotechnology, which is any technology that uses living organisms, cells, macromolecules, microorganisms, or substances from living organisms to make or modify a product, improve plants or animals, or develop microorganisms for useful purposes. Biotechnology does not include human cloning as defined in section 16274 of the public health code, 1978 PA 368, MCL 333.16274, or stem cell research with embryonic tissue.
(iv) Electronic device technology, which is any technology that involves microelectronics, semiconductors, electronic equipment, and instrumentation, radio frequency, microwave, and millimeter electronics, and optical and optic-electrical devices, or data and digital communications and imaging devices.
(v) Engineering or laboratory testing related to the development of a product.
(vi) Technology that assists in the assessment or prevention of threats or damage to human health or the environment, including, but not limited to, environmental cleanup technology, pollution prevention technology, or development of alternative energy sources.
(vii) Medical device technology, which is any technology that involves medical equipment or products other than a pharmaceutical product that has therapeutic or diagnostic value and is regulated.
(viii) Life science technology, which is any technology that has a medical diagnostic or treatment value, including, but not limited to, pharmaceutical products.
(ix) Product research and development.
(c) "Innovations center" means real property that meets all of the following conditions:
(i) Is a business incubator as that term is defined in section 2 of the local development financing act, 1986 PA 281, MCL 125.2152.
(ii) Is located within a single building.
(iii) Is primarily used to provide space and administrative assistance to 1 or more qualified high-technology businesses located within the building.
(d) "Qualified high-technology business" means a business that is either of the following:
(i) A business with not less than 25% of the total operating expenses of the business used for research and development as determined under generally accepted accounting principles.
(ii) A business whose primary business activity is high-technology activity.

MCL 211.9j

Added by 2004, Act 244, s 1, eff. 7/23/2004.