PA 260 vs PA 116. I don't understand the difference. - Ask Extension
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...
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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:
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:
- The property remains qualified agricultural property after the transfer AND
- 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."
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)