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Business Taxes
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What is the brownfield credit?
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Answer:
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PA 228 of 1975 as amended provides a Single Business Tax (SBT) incentive for the redevelopment or improvement of a facility (contaminated property), or functionally obsolete or blighted property, provided that certain conditions are met. The brownfield credit was enacted under MCL Section 208.38g of the Single Business Tax Act (SBTA). A qualified taxpayer may claim a credit against the SBT, provided the taxpayer has a preapproval letter for the project issued after December 31, 1999 and before January 1, 2008 and the project is completed not more than five (5) years after the preapproval letter is issued.
If the total of all credits for a project is $1 million or less, the credit is based on 10% of the cost of the eligible investment.
If the total of all credits for the project is greater than $1 million, a credit is available for a percentage of the cost of eligible investment to be determined by the Michigan Economic Growth Authority (MEGA), but not to exceed 10% of the cost of the eligible investment. A credit may not exceed $30 million dollars. Certain location restrictions apply to these credits.
Eligible investment means demolition, construction, restoration, alteration, renovation, or improvement of buildings or site improvements on eligible property and the addition of machinery, equipment and fixtures to eligible property. These activities must occur after the date that eligible activities on the property have begun pursuant to a brownfield plan and after a preapproval letter has been issued. Certain "soft" costs, such as legal, engineering, and architectural expenses, are considered eligible investment if they are directly related to the demolition, construction, restoration, alteration, renovation, or improvement of buildings or site improvements on eligible property and the addition of machinery, equipment and fixtures to eligible property. Environmental response activities (e.g. baseline environmental assessment activities, due care plans, and remediation costs) are not eligible investments. Reimbursed costs and the costs associated with the purchase of land are not eligible investments.
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