Historic Tax Credits News Briefs - April 2022

Thursday, April 7, 2022

The National Park Service’s Technical Preservation Services (TPS) office shuffled individual state reviewers for historic tax credit (HTC) applications after filling several vacant positions and updating a list of state reviewers on its website. According to the TPS, there is a change in reviewers for about half the states and eight states now have more than one TPS reviewer, due to the high number of applications. The TPS announcement said it hoped to have returned or gotten close to 30-day review times across the nation.

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A bill introduced Feb. 14 in the Minnesota House of Representatives would allow taxpayers to take the state HTC in the year a project is placed in service, rather than ratably over a five-year period. H.B. 3688 would make the change–which is a break from how the federal HTC is allocated–effective for properties placed in service after June 30, 2022.

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Legislation introduced in February in the Utah Senate would make certain commercial buildings eligible for the state HTC and allow the credit to be transferrable. S.B. 234 would make commercial buildings eligible for the 20% state HTC, which currently only applies to residential structures. The bill would also allow unlimited transfers of the credit. The changes would be effective for taxable years beginning on or after Jan. 1, 2022.

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A bill introduced in February in the West Virginia House of Representatives would remove the transaction cap and annual statewide cap for the state HTC and would allow phased rehabilitations. H.B. 4568 would eliminate the current $10 million transaction cap for state HTCs as well as the current $30 million annual statewide cap. The bill would also allow phased rehabilitations consistent with federal HTC phased rehabilitations. With no annual state cap, the legislation would remove all standards by which the state prioritizes HTC projects for the credits.

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The New Jersey Economic Development Authority approved proposed rules for the state HTC incentive in February, allowing comment and eventual adaptation before the end of 2022. The state HTC was enacted in legislation passed in early 2021. Proposed regulations cover the incentive, under which most properties are eligible for tax credits worth up to 40% of eligible costs, with a maximum of $4 million per property. Properties in qualified incentive tracts or government-restricted municipalities are eligible for a 45% credit, with a maximum of $8 million. Transformative projects are eligible for credits of up to 45% with a maximum of $50 million. The state credit is subject to an annual cap of $50 million per year over six years. Comments are due by May 20.

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A bill introduced Jan. 31 in the New York Assembly would extend the sunset date of the state HTC to 2032 and add a requirement for an annual report by the commissioner of state historic preservation office on the number and value of tax credit projects applied for and certified during the previous fiscal year. A.B. 9043 would extend the sunset date from the current date of Jan. 1, 2025.

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Legislation introduced in January in the Pennsylvania General Assembly would add factories and mill buildings to the list of properties eligible for the state’s HTC. H.B. 2280 would expand the state HTC eligibility to include factories or mill complexes that were built before 1960 and have been at least 75% vacant for 24 months when proposed for rehabilitation by a city, borough, incorporated town or township. There would be a $10 million annual statewide cap.

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A bill introduced in January in the Kansas Legislature would increase the state HTC percentage for developments in small towns and would eliminate the annual statewide cap for HTCs claimed by nonprofits. H.B. 2569 would increase the state HTC percentage of 25% to 30% for historic rehabilitations in cities with population of 9,500 to 50,000 and to 40% for property in cities with population of less than 9,500. The existing annual cap for nonprofit state HTCs of $3.75 million would be removed.

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Legislation introduced in January in the Maryland House of Representatives would increase the state HTC percentage for certain owner-occupied homes. H.B. 539 would boost the state HTC percentage from 20% to 25% for an individual’s qualified rehabilitation expenditures on a single-family, owner-occupied home. Other properties would retain a 20% state HTC.

Journal Category: 
Historic Tax Credits
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