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PA 260 vs PA 116. I don't understand the difference. #909790

Asked July 14, 2025, 1:49 PM EDT

I own 40 acres that we rent out to a farmer who grows crops on it. We want to transfer the property to an LLC, but I'm not sure if we should file Form 3676 under PA 260 or file under PA 116. I don't understand the difference between the two acts.

Thank you.

Kent County Michigan

Expert Response

Greetings,

If you are transferring agricultural property to new ownership and are wanting to avoid the pop-up in taxable value, then Form 3676 is the correct form. You are encouraged to review the Qualified Agricultural Property Exemption Guidelines issued by the State Tax Commission. In particular, see page 2:

"In addition to the up to 18 mill exemption, a transfer of qualified agricultural property is not considered a transfer of ownership if both of the following are true:
  1. The property remains qualified agricultural property after the transfer AND
  2. The new owner files Form 3676 with the assessor and the register of deeds. This form, available in the appendix, is an affidavit attesting that qualified agricultural property shall remain qualified agricultural property."
Public Act 116 is a completely different tax savings program. Under PA 116, the property owner enters into an agreement with the State of Michigan that their land will not be developed into a non-agricultural use for at least 10 years. In return for maintaining agricultural use of the land enrolled in the program, the landowner may be entitled to certain income tax benefits, plus be exempt from special assessments for sanitary sewers, water, lights, or nonfarm drainage. You are encouraged to review the Farmland and Open Space Preservation Program Frequently Asked Questions.
Brad Neumann, AICP Replied July 14, 2025, 2:11 PM EDT

Thank you.

Steve

 

From: ask=<personal data hidden> On Behalf Of Ask Extension
Sent: Monday, July 14, 2025 2:12 PM
To: Stephen L. Elkins
Subject: Re: PA 260 vs PA 116. I don't understand the difference. (#0179706)

 

The Question Asker Replied July 14, 2025, 3:20 PM EDT

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