Hardship (Poverty) Exemption Policy
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MIDDLE
BRANCH TOWNSHIP
Hardship (Poverty) Exemption Policy
Public Act
390 of 1994 was passed by the Michigan Legislature and signed by the
governor on December 29, 1994, and Public Act makes significant changes to
the poverty exemption policy found in 211.7U as amended, of the Michigan
Compiled Laws; and
Public Act 390 states that the
governing body of the local assessing unit shall determine and make
available to the public, the policy and guidelines the local assessing
unit uses for granting hardship (poverty) exemptions;
NOW, THEREFORE, BE IT ESTABLISHED
THAT:
In order to be eligible for a
hardship (poverty) exemption, the claimant must establish or comply with
all of the following:
- Be the owner and occupant of a homestead property
and reside on such property which the exemption if requested.
- Not own any other real estate and/or recreational
vehicles in or out of the state of Michigan. Cash assets in savings and
checking accounts shall not excel two thousand dollars ($2,000.00). The
level of cash assets may be waived under extenuating circumstances as
determined by the Board of Review.
- Hardship exemption may be up to the amount of
property tax not returned pursuant to the Michigan Property Tax Credit
if the total household income of the applicant meets with the income
guidelines set by the Township of Middle Branch each year, which
consists of the income guidelines contained in paragraph 9 of this
policy.
- File a completed application with the Township
Assessor after January 1, but at least one day prior to the last day of
the Board of Review on a form provided by the Township.
- Provide current or preceding year federal and
state income tax credit returns. The applicant must file for the
Michigan Real Estate Property Tax Credit. An exemption shall not be
given for the amount of property tax refundable by any organization or
governmental agency.
- Provide a valid driver’s license or other form of
identification if requested by the Township Assessor or the Board of
Review.
- Produce a deed or land contract as evidence of
ownership of the homestead property if requested by the Township of
Middle Branch or the Board of Review.
- Meet the Middle Branch Township’s income standards
“Poverty Threshold” for the calendar year in question. As its “Poverty
Threshold”, the Township of Middle Branch has adopted and incorporated
the federal poverty guidelines updated annually in the Federal Register
by the United States Department of Health and Human Services under
authority of Section 673 of subtitle B of Title VI of the Omnibus Budget
Reconciliation Act of 1981, Public Law 97-35, and 42 USC 9902.
- This policy and guidelines apply only to
individuals and are not for trusts or other types of ownership’s such as
Corporations, Limited Liability Companies, partnerships, associations,
and co-owners (the only exception being the individual owner of a life
estate).
- Only the assessed value of the homestead of an
owner of a life estate shall apply, but the incomes of the owner of a
life estate and income of all interested persons and household members
shall be combined for determination of the poverty threshold. The owner
of the life estate must reside and use the property as his or her
homestead.
- Any tax exemption given to an individual under
these guidelines shall be for the one (1) year’s taxes, and a new
application will be required each year an exemption is requested..
The Township
Assessor and the Board of Review shall notify in writing all applicants
whose application for exemption is being denied. The applicant may appeal
the decision by applying to the Michigan Tax Tribunal and filing the
appeal in writing prior to June 30th for a March Board of
Review action. For July and December Board of Review actions you must
file with the Tribunal within 40 days of receipt of your answer from the
Board of Review.
After the Township Board
discussed the poverty guidelines, the board agreed to adopt the new income
levels.
Therefore,
Donald Williams made a resolution to establish for Middle Branch Township
a Hardship (Poverty) Exemption Policy for the Supervisor and/or Assessor
and Board of Review to implement. Seconded Carla Haenlein. Voting for:
Sarah Blackledge, Carla Haenlein, Patricia Michell, and Donald Williams.
Resolution passed with four (4) yes votes. One absent.
The
Supervisor, Donald Williams, declared the resolution adopted.
I, Peggy
Hoard, the duly elected and acting Clerk of Middle Branch Township, hereby
certify that the foregoing resolution was adopted by the township board of
said township at a special meeting of said board held on May 10, 2008 at
which meeting a quorum was present by a roll call vote of said members as
hereinbefore set forth; that said resolution was ordered to take immediate
effect.
Signed: Peggy Hoard, Clerk
MIDDLE
BRANCH TOWNSHIP Hardship (Poverty) Exemption Policy revised July 14, 2008
at the Regular Township Board Meeting. Donald Williams, Supervisor, made
a motion to accept the amended Middle Branch Township Hardship (Poverty)
Exemption Policy and accept the 2008 federal poverty guidelines. The
motion was second by: Sarah Blackledge
Those in
favor: Don Williams, Peggy Hoard, Beverly Orvis, Sarah Blackledge and
Patricia Michell. Those opposed: None Motion
carried
The income
guidelines used by the Board of Review have been established in accordance
with MCL 211.7U which was significantly altered by P.A. 390 of 1994 and
further amended by PA 620 of 2002. Please see STC Bulletin No. 5 of 1995
and page 3 of STC Bulletin No. 1 of 2003 for more detailed information.
Respectfully Submitted by
Peggy A. Hoard, Clerk
FEDERAL POVERTY INCOME
STANDARDS FOR 2008 ASSESSMENTS
The following are the
federal poverty income standards as of 01-01-2010
Size of Family
Unit Federal Poverty Guidelines
1
$10,800
2
$14,600
3
$18,300
4
$22,100
5
$25,800
6
$29,500
7
$33,300
8
$37,000
For each additional
person, add $ 3,700
These are the guidelines
that were in effect to 01-01-2008
Income Standards changed
to meet 2010 federal poverty income standards 03/22/10.