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Industrial Facility Exemption
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Can an Industrial Facility Exemption Certificate be transferred to a new owner?
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Answer:
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Section 21 of PA 198 of 1974 states the following:
Sec. 21. (1) An industrial facilities exemption certificate may be
transferred and assigned by the holder of the industrial facilities
exemption certificate to a new owner or lessee of the facility
but only with the approval of the local governmental unit and
the commission after application by the new owner or lessee,
and notice and hearing in the same manner as provided in
section 5 for the application for a certificate.
Once the application for transfer has been presented to the local unit under section 5, the local unit must review the application pursuant to section 9 and issue a decision after a review of the prerequisites and qualifications contained in section 9. If the local unit denies the application, the applicant may appeal to the STC pursuant to section 6. If the local unit approves the application, the STC must make a decision pursuant to section 7. If the local unit disapproves the application and the taxpayer files an appeal with the STC within 10 days, the STC shall review the facility to determine if it meets the qualifications of section 9. If the STC denies the approval, the applicant may utilize section 20 to appeal the matter pursuant to the Administrative Procedures Act.
In September 2001, PTD staff initiated a shortened approval process for transfers when the transfer is approved by the local unit. For more information, you may call Dianne Wright at (517) 373-2408.
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