Instructions For The Farmland Preservation Credit For Corporate Farm Owners, Estates And Trusts (Form C-8022)

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Instructions for the Farmland Preservation Credit
for Corporate Farm Owners, Estates and Trusts (form C-8022)
What is the Farmland Preservation Credit?
• representatives of deceased single persons. Include
property taxes and income from January 1 to the
The Farmland Preservation Tax Credit gives back to
date of death.
farmland owners a share of the property tax they pay
• partnerships.
on their farmland. Farmland owners qualify for credit
• joint owners.
by agreeing to keep the land as farmland and not
• S-corporation shareholders, except shareholders of
develop it for another use.
S-corporations that had an FDRA before January 1,
Do I qualify for the Farmland
1989 and in 1991 elected to file under the Single
Preservation Credit?
Business Tax Act on form C-8022.
• grantor trusts (if you are treated as an owner under
You qualify if you meet ALL these requirements:
Internal Revenue Code, Sections 671 to 679).
• You own farmland.
• trusts created by the death of a spouse if the trust
AND
requires 100 percent of the income from the trust to
• You have entered into a Farmland Development
be distributed each year to the surviving spouse.
Rights Agreement (FDRA) with the Michigan
If you need an MI-1040CR-5 form, call
Department of Natural Resources (DNR).
1-800-FORM-2-ME (367-6263).
If you have agreements entered into on or after
How do I claim the credit?
January 1, 1978, you must meet the gross receipts
qualifications in Part 2.
Complete the attached form C-8022. If you are
applying this credit to your SBT liability, attach it to
What is a Farmland Development
your Single Business Tax Annual Return (form
Rights Agreement?
C-8000). Attach a copy of page 1 of your U.S. 1120
Through an FDRA you receive property tax relief in
or 1041 and copies of all the federal schedules you
return for your pledge not to change the use of your
completed for your federal tax return. You must also
lands.
include the following:
Be careful: The FDRA restricts development of
1. A copy of your 1997 property tax statement(s)
your land. Before making any changes to property
with corresponding agreement numbers listed on
covered under this agreement or to its ownership,
each.
consult the DNR. Some changes may make your
2. A copy of the receipt showing that your 1996 or
property ineligible for credit.
1997 property taxes were paid. If your property
taxes have not been paid or you do not attach your
Important Note: S-corporations may file under
Michigan Income Tax instead of Single Business Tax.
receipt(s), Treasury will mail a check made jointly
Shareholders of an S-corporation should prorate taxes
payable to the corporation, estate or trust and the
on land owned by the S-corporation based on their
county treasurer for the county where the property
is located. (A new check payable only to the corpo-
percent of ownership.
ration, estate or trust will not be issued if you later
Which form should I file?
prove that the taxes had been paid.)
The following should file using form C-8022:
3. If your property tax statement includes property
• estates, include property taxes from the date of
that is not covered under an FDRA, you must show
death and farm income required to be reported on
what portion of your total acreage and property tax
your U.S. 1041.
is for land enrolled in the FDRA. Your local equal-
• corporations (other than S-corporations).
ization officer or your local assessor must give you
• S-corporations that had an FDRA before January 1,
this information on official letterhead if it is not
1989 and in 1991 elected to file form C-8022.
listed separately on your property tax bills.
• trusts, except as noted below.
The following should file using the MI-1040CR-5:
• individuals who own a farm independently.

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