How Big-Box Retailers Weaponize Old Stores

Merchants such as Walmart are using a novel legal tactic to sharply lower their property taxes.

Retailers Exploit ‘Dark Store Loophole’ to Lower Taxes

Tucked away on the northern edge of Michigan’s rugged Upper Peninsula, Sault Ste. Marie is bracing for the battle of its life. The tourist town is heading to court in early 2017 to fight Walmart Stores, which seeks to cut $286,000 off its annual property tax bill on a local store. Using what critics call the “dark store loophole,” Walmart is following in the footsteps of big-box merchants including Lowe’s and Target by arguing that its bustling store should be assigned about the same value for tax purposes as one that’s been vacant for years, hundreds of miles away.

The financially strapped town of 14,000 faces legal bills of about $100,000 to take on the retailing giant. The cost of the battle that started in 2014 already has forced local authorities to slash budgets for everything from senior meals and the local animal shelter to police and fire pensions. Now its leaders have decided they’ve been pushed around long enough. “It is like David and Goliath,” says Jim German, the county administrator in Chippewa County, which includes Sault Ste. Marie. “We are going to give it our best shot, because it isn’t fair.”