PA 116 and Your Farm’s Financial Plan: What Michigan Landowners Should Understand
Michigan’s PA 116 program can reduce the cost of holding farmland through an income tax credit, but participation also restricts development and can create a repayment obligation when an agreement expires. The decision belongs in your farm’s financial and ownership plan, especially if a sale, family transfer, or change in land use may be …
Michigan’s PA 116 program can reduce the cost of holding farmland through an income tax credit, but participation also restricts development and can create a repayment obligation when an agreement expires. The decision belongs in your farm’s financial and ownership plan, especially if a sale, family transfer, or change in land use may be ahead.
For landowners already enrolled, an annual review can help connect the credit claimed on a tax return with the commitments attached to the property.
Understand the commitment attached to the land
Commonly called PA 116, Michigan’s Farmland and Open Space Preservation Program allows eligible landowners to enter into a Farmland Development Rights Agreement with the state. The land remains privately owned, but its use is restricted under the agreement to preserve it for agriculture. Initial terms range from 10 to 90 years.
Eligibility depends on acreage, agricultural use, and, for some farms, income. Smaller farms can qualify under specific rules; owning land classified as agricultural does not by itself establish eligibility.
Review the actual agreement before planning a building site, parcel split, or other change in use. An agreement that fits the farm today may also affect the options available to the next generation.
Estimate the credit using the right income figure
For eligible individual claimants, the credit generally equals qualifying property taxes on enrolled farmland and farm structures, including an eligible homestead, minus 3.5% of household income. This is an income tax credit claimed through the Michigan return, rather than an automatic reduction of the property tax bill.
For a simplified example, assume all eligibility requirements are met, qualifying property taxes total $12,000, and household income for PA 116 purposes is $100,000. Subtracting $3,500 from $12,000 produces an estimated credit of $8,500, before any other required adjustments.
Household income has a specific definition for this credit. It is not simply farm profit or federal adjusted gross income. Other household income and prescribed adjustments matter, and a farmland preservation credit received during the year enters that year’s household income calculation.
Recalculate the benefit each year, particularly after an equipment sale, a change in off-farm earnings, or retirement. Do not assume last year’s refund will repeat or be available when a property tax payment is due.
Separate the credit from other property tax benefits
PA 116 also provides protection from certain special assessments, including qualifying sewer, water, lighting, and nonfarm drainage assessments. Exceptions apply, including assessments imposed before enrollment and circumstances in which the landowner uses the services. It is not a blanket exemption from all assessments or property taxes.
Keep PA 116 records separate from other property tax exemption records. Ask your advisor to verify which taxes qualify for the credit; special assessments, penalties, and interest generally do not.
Review expiration well before the final year
Each agreement has its own expiration date. If an agreement expires, tax credits taken during its final seven years generally must be repaid. Michigan Treasury calculates the amount, and the Michigan Department of Agriculture and Rural Development (MDARD) notifies the landowner. If the amount is not paid within 30 days of notification, a lien is recorded against the property.
The review includes credits claimed by prior owners during that period. Buying the property recently does not necessarily eliminate the obligation. If neither the current owner nor prior owners claimed credits during the final seven years, MDARD states that a lien is not required.
That makes the seven-year window a planning issue. Compare the value of continued participation with the cost of letting the agreement expire. Landowners should notify MDARD of their intention to extend the agreement or allow it to expire within six months of the agreement’s natural termination date.
Early termination is a separate process with its own approval and financial requirements. Do not assume the natural-expiration rules apply to a request to leave the program early.
Include PA 116 in ownership and succession discussions
Enrolled land can be sold, but the agreement continues to affect the property. The new owner must comply with its terms and complete the agreement-transfer process to establish credit eligibility.
Moving land into an LLC or trust also deserves advance review. Credit eligibility and filing treatment depend on the owner and the structure involved. Do not assume the same tax benefit continues after a transfer.
Before signing transfer documents, have your tax advisor and attorney review the agreement together. The tax analysis should address future credits and potential repayment, while legal counsel evaluates the land-use restrictions and transaction documents.
Bring the agreement into your fall planning
Before year-end, gather your recorded agreements, parcel information, property tax statements, credit history, and any MDARD correspondence. Confirm who owns each parcel and when each agreement expires. Identify any sale, transfer, or land-use change under consideration.
DBC can help assess how PA 116 affects your tax projection and farm cash flow, working with your attorney on decisions that involve ownership or agreement terms.
This article provides general tax and accounting insights and is not intended as advice specific to your organization or a substitute for personal consultation. We do not provide legal advice. Because every organization’s circumstances are unique, we encourage you to consult with your legal, tax, or accounting advisor regarding your specific situation.