MichiganSB 06902025-2026 Regular SessionSenateWALLET

Land use: farmland and open space; legal arrangements eligible for tax credits; expand. Amends sec. 36109 of 1994 PA 451 (MCL 324.36109). TIE BAR WITH: SB 0688'25, SB 0686'25, SB 0689'25, SB 0687'25, SB 0685'25Last Action: ASSIGNED PA 0073'25 WITH IMMEDIATE EFFECT

Sponsored By: Roger Victory (Republican)

Became Law

Land use: farmland and open space

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

Lower income tax on preserved farms

You can claim a Michigan income tax credit if your preserved farmland’s property taxes are more than 3.5% of your household income. The credit equals the amount above 3.5%. Household income for this test does not include a federal section 613 deduction if you took it. This lowers your state tax bill on land kept in farming by a qualifying restriction.

How the farm credit is paid and shared

If your credit is bigger than your tax bill, the state can pay you the extra. But your total credit cannot be more than the property tax due for that year. Unless you attach a tax‑payment receipt, the state issues a warrant to you and the county treasurer, and it pays any delinquent taxes, interest, penalties, and fees first. If several people or entities own the land, each claims a share; without a signed filing, the state splits taxes equally. Spouses count as one owner, and trust or estate beneficiaries get a share that matches their other distributions. Regular tax audit rules apply, and Treasury can ask for partnership, S‑corporation, or trust returns to verify your claim.

More preserved farms qualify, paperwork due Nov 1

More legal arrangements now qualify for the farmland credit, including development rights agreements, conservation easements, and purchases of development rights. To claim the credit for the year, you must send a recorded copy of the permanent conservation easement to the state agriculture department by November 1. The department will send you an acknowledgment with an ID number for your preserved land. If you applied for a development‑rights agreement in 2017 and the state approved it between 2023 and 2025, you can claim credits for 2017 and 2018 by December 31, 2026.

Business tax credit for preserved farms

If you claim the business tax route, you get a credit when property taxes on preserved farmland are over 3.5% of your business income tax base (including certain shareholder pay). Do not include any federal section 613 deduction in this test. To qualify, farm gross receipts must be more than 5 times the land’s property taxes in 3 of the last 5 years. Farms with a development‑rights agreement before January 1, 1978 do not need to meet that test. You may choose to compare the average of the most recent 3 years’ receipts to the property taxes in the first year of the current contract; that choice is binding later.

Sponsors & Cosponsors

Sponsor

  • Roger Victory

    Republican • Senate

Cosponsors

  • Dan Lauwers

    Republican • Senate

  • John Cherry

    Democratic • Senate

  • Kevin Daley

    Republican • Senate

  • Sam Singh

    Democratic • Senate

  • Sue Shink

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 174 • No: 4

House vote 12/18/2025

HOUSE AMENDMENT(S) CONCURRED IN

Yes: 35 • No: 0 • Other: 2

House vote 12/16/2025

passed; given immediate effect

Yes: 102 • No: 4 • Other: 4

Senate vote 12/2/2025

PASSED

Yes: 37 • No: 0

Actions Timeline

  1. ASSIGNED PA 0073'25 WITH IMMEDIATE EFFECT

    12/23/2025Senate
  2. FILED WITH SECRETARY OF STATE 12/23/2025 12:38 PM

    12/23/2025Senate
  3. APPROVED BY GOVERNOR 12/23/2025 11:08 AM

    12/23/2025Senate
  4. PRESENTED TO GOVERNOR 12/19/2025 3:00 PM

    12/23/2025Senate
  5. ORDERED ENROLLED

    12/18/2025Senate
  6. GIVEN IMMEDIATE EFFECT

    12/18/2025Senate
  7. ENROLLMENT VACATED

    12/18/2025Senate
  8. ORDERED ENROLLED

    12/18/2025Senate
  9. FULL TITLE AGREED TO

    12/18/2025Senate
  10. HOUSE AMENDMENT(S) CONCURRED IN ROLL CALL # 365 YEAS 35 NAYS 0 EXCUSED 2 NOT VOTING 0

    12/18/2025House
  11. RULES SUSPENDED FOR IMMEDIATE CONSIDERATION

    12/18/2025Senate
  12. PASSED BY HOUSE WITH AMENDMENT(S) WITH IMMEDIATE EFFECT

    12/18/2025House
  13. returned to Senate

    12/16/2025House
  14. inserted full title

    12/16/2025House
  15. passed; given immediate effect Roll Call #333 Yeas 102 Nays 4 Excused 0 Not Voting 4

    12/16/2025House
  16. read a third time

    12/16/2025House
  17. placed on immediate passage

    12/16/2025House
  18. placed on third reading

    12/16/2025House
  19. amended

    12/16/2025House
  20. read a second time

    12/16/2025House
  21. referred to second reading

    12/11/2025House
  22. reported with recommendation without amendment

    12/11/2025House
  23. referred to Committee on Agriculture

    12/2/2025House
  24. read a first time

    12/2/2025House
  25. received on 12/02/2025

    12/2/2025House

Bill Text

  • Public Act

    12/23/2025

  • As Passed by the House

    12/18/2025

  • Senate Concurred

    12/18/2025

  • As Passed by the Senate

    12/2/2025

  • Introduced

    10/30/2025

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