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Incentives for Historic Preservation in Detroit Michigan Tax Incentives Part I: Michigan Historic Tax Credits and OPRA Detroit Athletic Club June 5, 2008 Presented by: Gordon Goldie gordon.goldie@plantemoran. com 248-375-7430

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Page 1: Incentives for Historic Preservation in Detroit Michigan Tax Incentives Part I: Michigan Historic Tax Credits and OPRA Detroit Athletic Club June 5, 2008

Incentives for Historic Preservation in Detroit

Michigan Tax Incentives Part I:Michigan Historic Tax Credits and OPRA

Detroit Athletic ClubJune 5, 2008

Presented by:Gordon [email protected]

Page 2: Incentives for Historic Preservation in Detroit Michigan Tax Incentives Part I: Michigan Historic Tax Credits and OPRA Detroit Athletic Club June 5, 2008

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Michigan Tax Incentives

Overview of Agenda

Michigan Incentives Available Historic Tax Credit Obsolete Property Tax Freeze (OPRA) Brownfield Incentives

• SBT Credits

• Tax Increment Financing (TIF) Neighborhood Enterprise Zone (NEZ)

Page 3: Incentives for Historic Preservation in Detroit Michigan Tax Incentives Part I: Michigan Historic Tax Credits and OPRA Detroit Athletic Club June 5, 2008

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Michigan Tax Incentives

Incentives: Key Questions

What are the benefits?

What are the eligibility requirements?

What else do you have to do?

What are the drawbacks/limitations?

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Michigan Tax Incentives

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Michigan Tax Incentives

What are the benefits? State tax credit

• Credit = 25% of QRE

• Must be reduced by available Federal credit Can be used to offset MBT or MI Income Tax Claimed in year completed rehab certificate is

issued May be assigned (but not re-assigned):

• To owners of pass-through entities

• Can assign pro-rata or 100% to a single owner

• Typically “sold” for $.50 to $.85 per $1 of credit

Michigan Historic Tax Credits

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Michigan Tax Incentives

What are the eligibility requirements? Eligible property

• Includes buildings, structures, sites, objects, features and open spaces

o Individually listed on National or State Register of Historic Places, or

o Located in National, State or local historic district

• Can be non-income-producing (i.e., owner occupied residence)

• Tax-exempt use property

o Can be owned by tax exempt entity if leased to unrelated taxpayer

o Can be leased to tax-exempt entity on long-term lease

Michigan Historic Tax Credits

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Michigan Tax Incentives

What are the eligibility requirements (continued) ? Eligibility of rehabilitation

• QRE = same definition as Federal credit

• QRE must exceed

o 10% of SEV, or

o 5% of appraised value, if no SEV

• Certificate of completed rehabilitation must be issued not more than 5 years after the rehabilitation certified by State

• QRE must be paid within 5 years of certification of rehab plan for historic resource not eligible for Federal credits

Michigan Historic Tax Credits

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Michigan Tax Incentives

What else do you have to do? Secretary of Interior’s Standard Guidelines apply for

Rehabilitation Plan State Historic Preservation Office (SHPO) reviews

federal Historic Preservation Certification Application SHPO issues Verification of Eligibility after Federal Part

III approval Fee = $0 to $2,500 Credit claimed on Michigan Form 3581 Credit is assigned by submitting to Michigan

Department of Treasury Michigan Tax Credit Assignment Form 3614 and securing approval

Michigan Historic Tax Credits

Page 9: Incentives for Historic Preservation in Detroit Michigan Tax Incentives Part I: Michigan Historic Tax Credits and OPRA Detroit Athletic Club June 5, 2008

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Michigan Tax Incentives

What else do you have to do (continued)?Contact Information: Robb McKay

Federal historic tax credits

517-335-2727 Bryan Lijewski

State historic tax credits

517-373-1631

Michigan Historic Tax Credits

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Michigan Tax Incentives

What are the drawbacks/limitations? Credit reduces Federal deduction for state taxes Construction costs to comply with rehab standards Reduced depreciation

• Must reduce basis of building by amount of Federal credit (if any)

• Can’t claim bonus depreciation on leasehold improvements

Recapture

• 5 year compliance period

• Prorata vesting Potential taxability of proceeds from “sale” of credits

Michigan Historic Tax Credits

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Michigan Tax Incentives

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Michigan Tax IncentivesFederal Tax Impact of

State Tax Credits

State credit pricing depends upon federal tax treatment

Federal tax treatment depends upon assignment structure

Structuring alternatives Credit transferred via sale of certificate Credit transferred via partnership allocation

Pricing Certificate = up to $.90 Partnership allocation = $.50 to $.75

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Michigan Tax IncentivesFederal Tax Impact of

State Tax Credits(continued)

Assignor’s treatment - Generally Credit transferred via sale of certificate

Ordinary income upon receipt

CCA 200211042 - Missouri Credit transferred via partnership allocation

Capital gain upon disposal of LLC interest (reversal of difference between inside and outside basis)

Mandatory basis reduction could accelerate income and convert income to ordinary

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Michigan Tax IncentivesFederal Tax Impact of

State Tax Credits (continued)

Assignee’s treatment - Generally Credit transferred via sale of certificate

Ordinary deduction when credit is used to pay state tax

PLR 200348002

CCA 200445046 - Massachusetts Credit transferred via partnership allocation

Capital loss upon put/call exercise

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Michigan Tax IncentivesFederal Tax Impact of

State Tax Credits(continued)

Can ordinary income/deduction treatment apply to credits transferred via partnership allocations? Maybe – If substance (vs. form) of

transaction is equivalent to the sale of a certificate credit

AM2007-02

CCA 200704028 and CCA 200704030 Risk that State could disallow assignment

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Michigan Tax Incentives

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Michigan Tax IncentivesObsolete Property Tax

Freeze (OPRA)

What are the benefits? Allows local government units to abate real

property taxes on the value of renovations to blighted or obsolete structures in eligible communities.

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Michigan Tax Incentives

How does it work? Up to 12 year exemption from Ad Valorem

property taxes on increased value of buildings and improvements

Exemption does not apply to:

• School operating millage and State Education Tax

• Personal property Freezes value of building shell Land remains subject to regular taxes State Treasurer may exempt up to ½ of school

taxes for up to 6 years (limit = 25 per year) Exemption may be transferred with approval

Obsolete Property Tax Freeze (OPRA)

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Michigan Tax Incentives

What are the eligibility requirements? Property must be Blighted or Functionally

Obsolete Property must be either:

• Commercial property

• Residential rental property Must meet “but for” test (wouldn’t occur but for

exemption) Rehab must exceed 10% of FMV before rehab

Obsolete Property Tax Freeze(OPRA)

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Michigan Tax Incentives

What else do you have to do? Qualified local governmental unit must establish

an Obsolete Property Rehabilitation District Owner of obsolete property files application for

exemption with local unit’s clerk (Form 3674) Local unit approves application State Tax Commission approves application and

issues exemption certificate

Obsolete Property Tax Freeze(OPRA)