Mich. Comp. Laws § 207.562

Failure to pay tax applicable to personal property; seizure and sale of personal property; civil action; jeopardy assessment; disbursement.

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

PLANT REHABILITATION AND INDUSTRIAL DEVELOPMENT DISTRICTS


Act 198 of 1974


207.562 Failure to pay tax applicable to personal property; seizure and sale of personal property; civil action; jeopardy assessment; disbursement.

Sec. 12.

    (1) If the industrial facility tax applicable to personal property is not paid within the time permitted by law for payment without penalty of taxes imposed under Act No. 206 of the Public Acts of 1893, as amended, the officer to whom the industrial facility tax is first payable may in his own name or in the name of the city, village, township, or county of which he is an officer, seize and sell personal property within this state of the owner who has so neglected or refused to pay the industrial facility tax applicable to personal property, to an amount sufficient to pay the tax, the expenses of sale, and interest on the tax at the rate of 9% per annum from the date the tax was first payable; or the officer may in his own name or in the name of the city, village, township, or county of which he is an officer, institute a civil action against the owner in the circuit court of the county in which the facility is located or in the circuit court of the county in which the owner resides or has his or its principal place of business, and in that civil action recover the amount of the tax and interest thereon at the rate of 9% per annum from the date the tax was first payable.

    (2) The officer may proceed to make a jeopardy assessment, in the manner and under the circumstances provided by Act No. 55 of the Public Acts of 1956, being sections 211.691 to 211.698 of the Michigan Compiled Laws, as an additional means of collecting the amount of the tax under those circumstances.

    (3) The officer may pursue 1 or more of the remedies provided in this section until such time as he has received the amount of the tax and interest thereon and costs allowed by this act or by law governing the proceedings of civil actions in the circuit courts. The amount of the tax and interest thereon shall be disbursed by the officer in the same manner as the industrial facility tax is disbursed when first payable.

History: 1974, Act 198, Imd. Eff. July 9, 1974

PopularName Notes:

Act 198
Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: Liem Ngo v. Department of Treasury
Liem Ngo v. Department of Treasury (2015) mich “Rather, the interpretation that best effectuates the legislative intent of MCL 207.562(u) is the one properly recognized by the Court of Appeals dissent; namely, that the exemption requires an arm’s-length transaction, which, by definition, gives the property its true cash value.”
— Mich. Comp. Laws § 207.562(u) — 1 case
Liem Ngo v. Department of Treasury (2015) mich “Rather, the interpretation that best effectuates the legislative intent of MCL 207.562(u) is the one properly recognized by the Court of Appeals dissent; namely, that the exemption requires an arm’s-length transaction, which, by definition, gives the property its true cash value.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.