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FREQUENTLY ASKED QUESTIONS
Commercial Forest (CF) & Qualified
Forest Property (QFP) Tax Programs
1. Question: My land is enrolled in the CF program. but I
heard there is also qualified forest property tax exemption.
What does this mean to me as a CF landowner'? Do I have to do
anything to keep my land in the CF program? Do I have to
re-apply to keep my land in the CF program? Can my land be both
CF and QFP? If I withdraw my land from CF, is there any payment
involved'?
Answer: If your land is currently listed in the CF program
and you want it to remain in the CF program, do nothing. The CF
program is a voluntary program and as long as you are in
compliance with the requirements of the CF law and program, your
listing continues indefinitely. You may. however, apply to
withdraw from the program at any time. There will be a
withdrawal application fee and withdrawal penalty payment due if
you decide to withdraw your land from CF.
CF and QFP are two separate property tax programs. Your land
cannot have both a CF and QFP tax designation. The CF law was
amended in September 2006 to allow a one-time withdrawal without
penalty if your land is first approved for QFP. A QFP
designation must he approved prior to your applying to withdraw
land from the CF program without penalty. The time frame for
applying to withdraw from the CF program without penalty is up
to September 26, 2007.
2. Question: I bought some land already listed in the CF
program. Can the land stay listed in this program?
Answer: Land listed in the CF program can he transferred to a
new owner and remain in the program as long as the new owner
complies with all requirements of the CF law and program. The CF
law requires an owner notify the Department of Natural Resources
of an ownership change in writing within 30 days of a title
transfer. The new owner will be required to submit a copy of the
deed or land contract as recorded with the register of deeds in
the county the property is located evidencing the legal title
transfer, a copy of their forest management plan (plans are
generally not transferable from one owner to another) and will
also be required to certify the forest management plan exists
and is in effect.
3. Question: What are the differences between CF and QFP
Answer: Both the CF program and QFP tax exemption provide a
property tax reduction to private landowners as an incentive to
maintain and manage their forestland for long-term timber
production. Both require land be managed by following a forest
management plan prepared by a professional forester.
4. Question: What are the tax benefits of the CF and QFP
exemption to forest landowners?
Answer: CF land is taxed at $1.20 per acre annually through
December 2011 . On January 1, 2012. and every 5 years
thereafter, the CF tax will increase 5 cents per acre annually.
QFP is exempt from the tax levied by a local school district for
school operating purposes to the extent provided under section
1211 of the revised school code.
5. Question: What qualifies for the QFP tax exemption'?
Answer: Private landowners who own between 20 acres and 320
acres in a taxing jurisdiction where the land is capable of
producing at least 20 cubic feet of wood volume per year.
6. Question: What constitutes QFP land?
Answer: 2006 PA 378 says QFP land that meets all of the
following conditions:
1) Is not less than 20 contiguous acres in size, of which not
less than 80% is productive forest capable of producing wood
products. Contiguity is not broken by a road, a right-of-way, or
property purchased or taken under condemnation proceedings by a
public utility for power transmission lines if the 2 parcels
separated by the purchased or condemned property were a single
parcel prior to the sale or condemnation. As used in this
subparagraph, "productive forest" means real property capable of
growing not less than 20 cubic feet of wood per acre per year.
However. if property has been considered productive forest, an
act of God that negatively affects that property shall not
result in that property not being considered productive forest.
2) Is stocked with forest products.
3) Has no buildings or structures located on the real
property.
4) Is subject to an approved forest management plan.
7. Question: I see that a forest management plan is required.
What is a forest management plan and how do I get a plan
written?
Answer: Information included in a complete forest management
plan will include unbiased information about the trees and
vegetation currently growing on the land, potential forest
stands that could be grown on the land, soils present and their
qualities, wildlife habitat quality, any threatened and
endangered species, any invasive species or insect/diseases
noticed, and management recommendations that will help the
landowner meet their objectives for owning the land and keeping
the resource sustainable. Plans may be written by professional
foresters or certified natural resource professionals. There is
usually a fee to have a plan written. The Department of Natural
Resources maintains a list of certified Forest Stewardship Plan
writers. There is cost share money for having a Forest
Stewardship Plan written at:
http://www.michigan.gov/dnr/0.1607.7-153-30301-30505-34240-107504-00.html. The Tree Farm organization also provides plan writers at:
http://www.treefarmsystem.org/.
Other plan writers maybe found by contacting other forestry organizations.
8. Question: What is required to enter land into QFP?
Answer:
a) State wide acreage limitation for the year may not have
been reached.
b) The acreage limitation for each owner must not be
exceeded.
a. An owner may claim an exemption under this section for not
more than 320 acres of qualified forest property in each local
tax collecting unit.
b. If an exemption is granted under this section for less
than 320 acres in a local tax collecting unit, an owner of that
property may subsequently claim an exemption for additional
property in that local tax collecting unit if that additional
property meets the requirements of this section.
c. Department of Treasury affidavit must be completely filled
out by landowner and submitted to the Department of Natural
Resources. The affidavit shall be on a form prescribed by the
Department of Treasury and shall require the person submitting
the affidavit to attest that the property for which the
exemption is claimed is qualified forest property and will be
managed according to the approved forest management plan. This
Department of Treasury affidavit is currently under
development and is expected to be available in the near future.
d. Local assessor must approve and submit to Department of
Treasury. The local assessor shall determine if the property is
qualified forest property based on a recommendation from the
Department of Natural Resources and confirmation that the acreage limitation set forth in subsection 1) has not been reached
and, if so, shall exempt the property from the collection of the
tax as provided in subsection 1) until December 3 l of the year
in which the property is no longer qualified forest property.
9. Question: Are there requirements for public access to CF
or QFP lands?
Answer: The CF program requires the land be open
to the public for hunting and fishing (foot access only).
Additionally, CF land that also has an approved sustainable
conservation easement must be open to the public for
non-motorized recreational use. Land with a QFP exemption is not
required to be open to the public.
10. Question: Are there deadlines for signing up or turning
in applications and. if so, when are the deadlines?
Answer: Applications to be considered for CF must be
postmarked or delivered to the Department of Natural Resources
not later than April 1 to be eligible for approval as commercial
forest in the following tax year. To claim QFP tax exemption, landowners
must file an affidavit and approved forest management plan or
certified forest management plan provided
by a third-party certifying organization with the Department
of Natural Resources and local tax collecting unit by December
31 to be eligible for the exemption in the following tax year.
11. Question: How do I get the QFP tax exemption for my
land'? Are there forms to complete? What is the process?
Answer: Landowners must submit an affidavit claiming
qualified forest property exemption (Treasury Affidavit form
4449), a copy of the forest management plan, a copy of the
forest management plan as certified by a third-party certifying
organization and a fee to the Department of Natural Resources
for consideration. The form will be available on the Department
of Treasury web page in the near future (www. michigan.gov/treasurer).
If the forest management plan is approved by the Department of
Natural Resources, the Affidavit will be forwarded to the local
assessor for final determination. If the forest management plan
is not approved by the Department of Natural
Resources, the Affidavit will be returned to the landowner with
directions for revision and re-submittal.
12. Question: Can oil and/or gas minerals be extracted from
these programs'?
Answer: The CF statute allows deposits of oil
and gas may be removed upon application to and approval by the
Department of Natural Resources. A form application is being
created and should be available on the Department of Natural
Resources web page in the near future. The statute creating the
QFP exemption is silent as to whether oil and gas may be removed
from land with this exemption.
13. Question: Once my land is QFP, what are my
responsibilities'?
Answer: The owners of qualified forest lands must comply with
the forest management plan approved by the Department of
Natural Resources. On an annual basis, the owner must file (on a
form prescribed by the Department of Natural Resources) the
amount of timber products produced on the qualified forest and
whether any buildings or structures have been constructed on the
property. The property owner must file with the local assessor a
rescission form (Treasury form 4450) when there is a change in
use of the QFP. If this form is not filed. the property owner is
subject to a penalty of $5.00 per day up to a maximum of $1,000.
The property owner must file an updated forest management plan
no later than 20 years after approval of a forest management
plan. An owner of QFP shall inform a prospective buyer of that
QFP that the property is subject to the recapture tax provided
in the qualified forest property recapture act, if the qualified
forest property is converted by a change in use.
14. Question: How does a landowner withdraw from QFP?
Answer:
a) File with local tax collecting unit a rescission form.
Within 90 days of a change from QF, the landowner shall rescind
the exemption for the applicable portion of the property by
filing with the local tax collecting unit a rescission form
prescribed by the Department of Treasury.
b) Becomes subject to the QF property recapture tax. If
property for which an exemption has been granted under this section
is converted by a change in use and is no longer qualified
forest property, the property is subject to the qualified forest
property recapture tax levied under the qualified forest
property recapture tax act. An owner of qualified forest
property shall inform a prospective buyer of that qualified
forest property that the qualified forest property is subject to
the recapture tax provided in the qualified forest property
recapture tax act, if the qualified forest property is converted
by a change in use.
15. Question: How may an assessor deny or modify an exemption
for QFP?
Answer: This is based on the recommendation of the
DNR, when the assessor of the local tax collecting unit believes
that the property for which an exemption has been granted is not
qualified forest property based on a recommendation from the
Department of Natural Resources, the assessor may deny or modify
an existing exemption by notifying the owner in writing at the
time required for providing a notice under section 24c.
16. Question: If a Landowner is denied participation in QFP,
what is the appeal process?
Answer: A taxpayer may appeal the assessor's determination to
the Board of Review meeting under section 30. A decision of the
Board of Review may be appealed to the residential and small
claims division of the Michigan Tax Tribunal.
17. Question: What are the penalties if the land is deemed
not eligible, but has been listed as QFP?
Answer: It is placed immediately on the tax roll.
a) If property for which an exemption has been granted under
this section is not qualified forest property, the property that
had been subject to that exemption shall be immediately placed
on the tax roll by the local tax collecting unit if the local
tax collecting unit has possession of the tax roll or by the
county treasurer if the county has possession of the tax roll
as though the exemption had not been granted.
b) A corrected tax bill shall be issued for each tax year
being adjusted by the local tax collecting unit if the local tax
collecting unit has possession of the tax roll or by the county treasurer if the county has possession of the tax
roll.
18. Question: Is there an appeal process if my land is not
approved for the QFP tax exemption?
Answer: Yes, the appeal is made to the July or December Board
of Review in the local unit where the property is located. A
denial by the July or December Board of Review may be appealed
to the residential and small claims division of the Michigan Tax
Tribunal.
19. Question: Can I sell my land if it has a QFP tax
exemption?
Answer: Yes, you may sell the land. The land may retain the
QFP exemption if the purchaser desires and agrees to maintain
the property as qualified forest. Additionally, the new owner
may also file the appropriate forms with the register of deeds
in the county in which the property is located and the local
assessor to prevent the uncapping of the property. If, after
this form is filed and accepted, the property ceases to be qualified forest property, recapture taxes will be collected.
20. Question: What is the definition of buildings or
structures as used in QFP? I have 3 deer blinds with slant pole
roofs that are not permanent. Are these or other deer blinds
considered structures?
Answer: Under normal circumstances, a deer blind constructed
as a small shelter used only to hunt deer is not considered a
structure. However, permanently constructed buildings suitable
for overnight accommodations, storage sheds, and similar
buildings that are also used for deer blinds ARE considered
structures and are not allowed on QFP land.
21. Question: Can other non-timber related products qualify
to participate in these programs, such as land used for
harvesting maple syrup or mushrooms?
Answer: No. These programs are intended to encourage
management of private land for forestry.
22. Question: What happens to the QFP property tax exemption
when I die: Answer: The exemption follows the property until
such time as the property is no longer QFP. Property is no
longer QFP when a rescission is made (Treasury form 4450), the
forest management plan has not been revised during the past 20
years, or the requirements of the exemption are not met. The
taxable value of the property will uncap when your heirs become
the beneficiary of your estate. However, they may file the
appropriate form with the register of deeds in the county the
property is located and the assessor certifying that the
property will remain QFP and the taxable value will not be
uncapped. Once this form is filed, the property will be subject to recapture taxes.
23. Question: Can I
remove my land from this QFP tax exemption?
Answer: Yes, QFP may be withdrawn by filing Treasury form
4450 with the local taxing jurisdiction. There is no penalty or
fee for this withdrawal. The exemption will continue until
December 31 of the year withdrawn. If a transfer of ownership
has occurred and the proper forms have been filed to prevent the
uncapping of the property, recapture taxes will be due.
24. Question: What is a QFP recapture tax?
Answer: The QFP recapture tax first becomes applicable after
a transfer of ownership when a form is filed with the register
of deeds and the assessor to exempt the property from uncapping.
There are two taxes that will become due with the change of use.
The first is a return of the amounts the property would have
paid had it not been exempt from uncapping for a period of up to
10 years. The recapture tax portion is based on whether one or
more harvests of forest products have occurred consistent with
the approved forest management plan. If no harvest consistent with the approved
forest management plan was conducted, the additional recapture tax is based on the formula:
state equalized value at the time of the conversion of use times
total millage of all taxing units in the local unit times 7
times 2.
If one or more harvests consistent with the approved forest
management plan were conducted, the additional recapture tax is
based on the formula: state equalized value at the time of the
conversion of use times total millage of all taxing units in the
local unit times 7.
25. Question: What property tax will I pay if my land has the
QFP property tax exemption? What is the difference in my tax
payment if I switch from CF to QFP?
Answer: The property tax for QFP is determined by multiplying
the taxable value of the property by the total millage rate of
all taxing jurisdictions in the local unit, except for the local
school operating millage. This is an approximate 18 mill
reduction from ad valorem taxes. CF lands will be taxed at a
rate of $1.20 per acre per year. This rate will be increased by
$0.05 per acre on January 1, 2012, and every 5 years thereafter.
The QFP tax will be determined by the taxable value of the
property and the millage rates minus the school operating
millage rate. If the land has a $500 per acre taxable value and
the local millage rate minus school operating millage is 25
mills, the tax will be $12.50 per acre. This rate will vary with
the amount of mills voted by the people of the local unit and by
the capped value formula. Since the inception of Proposal A, the capped value
has increased an average of about 3% per year.
26. Question: I have a house and more than the 20 acre
minimum to be eligible for QFP. Can I split the land and claim
the QFP tax exemption for the acres without the house? What
happens to the property tax for the house, i.e., is the property
tax cap removed?
Answer: You may request the assessor divide your property
into two parcels, one for the forest land and one for the
residence, provided you have splits available under the Land
Division Act. The taxable value of the house will not uncap
provided there has been no transfer of ownership.
Prepared on February 9, 2007 by: Department of Natural
Resources Forest, Mineral, and Fire Management Division;
Michigan Department of Treasury; Assessment and Certification
Division
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