Alabama 2023 Regular Session

Alabama House Bill HB253 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	HB253ENROLLED
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3		-	AY8I77-2
	3	+	AY8I77-3
4	4		By Representatives Clarke, Drummond, Chestnut, Gray, Pringle,
5	5		Simpson, Bracy, Jackson, Blackshear, Clouse, Baker, Wilcox,
6	6		Hall
7	7		RFD: Ways and Means Education
8	8		First Read: 04-Apr-23
9	9		2023 Regular Session
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19		-	A BILL
20		-	TO BE ENTITLED
21		-	AN ACT
	18	+	Enrolled, An Act,
22	19		Relating to taxation; to amend Sections 40-9F-31,
23		-	40-9F-33, and 40-9F-38, Code of Alabama 1975; to allow
24		-	rehabilitation credits to be tied to the year in which the
25		-	reservation is allocated; to provide for additional
26		-	rehabilitation credit allocations; to further provide for the
27		-	membership of the Historic Tax Credit Evaluating Committee and
28		-	the factors considered by the committee; and to make
29		-	nonsubstantive, technical revisions to update the existing
30		-	code language to current style.
	20	+	40-9F-33, and 40-9F-38, Code of Alabama 1975; to further
	21	+	provide certain age restrictions for structures to qualify for
	22	+	tax credits; to allow rehabilitation credits to be tied to the
	23	+	year in which the reservation is allocated; to provide for
	24	+	additional rehabilitation credit allocations; to further
	25	+	provide for the membership of the Historic Tax Credit
	26	+	Evaluating Committee and the factors considered by the
	27	+	committee; and to make nonsubstantive, technical revisions to
	28	+	update the existing code language to current style.
31	29		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
32	30		Section 1. Sections 40-9F-31, 40-9F-33, and 40-9F-38,
33	31		Code of Alabama 1975, are amended to read as follows:
34	32		"§40-9F-31
35	33		As used in this article, the following terms shall have
36	34		the following meanings:
37	35		(1) CERTIFIED HISTORIC STRUCTURE. A property located in
38	36		Alabama this state which is at least 60 years of age, unless
39	37		the structure is a historic structure located within the
40	38		boundaries of a National Monument or Park as declared by the
	39	+	United States Congress or the President of the United States,
	40	+	in which case the federal age provisions shall apply, and is
	41	+	certified by the Alabama Historical Commission as being
	42	+	individually listed in the National Register of Historic
	43	+	Places, eligible for listing in the National Register of
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70		-	United States Congress or the President of the United States,
71		-	in which case the federal age provisions shall apply, and is
72		-	certified by the Alabama Historical Commission as being
73		-	individually listed in the National Register of Historic
74		-	Places, eligible for listing in the National Register of
75	73		Historic Places, or certified by the commission as
76	74		contributing to the historic significance of a Registered
77		-	Historic District.
	75	+	Historic District. For applications submitted after June 1,
	76	+	2023, a property must be 75 years of age.
78	77		(2) CERTIFIED REHABILITATION. Repairs or alterations to
79	78		a certified historic structure that is certified by the
80	79		commission as meeting the U.S. Secretary of the Interior's
81	80		Standards for Rehabilitation which meet the requirements
82	81		contained in Section 47(c)(2)(C) of the Internal Revenue
83	82		Codeof 26 U.S.C. § 47 , as amended, or to a certified historic
84	83		residential structure as defined in subdivision (3) .
85	84		(3) CERTIFIED HISTORIC RESIDENTIAL STRUCTURE. A
86	85		certified historic structure as defined in subdivision (1).
87	86		(4)(3) COMMISSION. The Alabama Historical Commission
88	87		and or its successor.
89	88		(5)(4) COMMITTEE. The Historic Tax Credit Evaluating
90	89		Committee established by this article.
91	90		(6)(5) DEPARTMENT. The Alabama Department of Revenue or
92	91		its successor.
93	92		(7)(6) DISQUALIFYING USE. Any use of a certified
94	93		historic residential structure that is occupied by an owner
95	94		and used exclusively as a primary or secondary residence.
96	95		(8)(7) OWNER. Any taxpayer filing a State of Alabama
97	96		income tax return or any entity that is exempt from federal
	97	+	income taxation pursuant to Section 501(c) of the Internal
	98	+	Revenue Code26 U.S.C. § 501, as amended, that:
	99	+	a. Owns owns title to a qualified structure, or
	100	+	b. Owns owns a leasehold interest in a qualified
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127		-	income taxation pursuant to Section 501(c) of the Internal
128		-	Revenue Code26 U.S.C. § 501, as amended, that:
129		-	a. Owns owns title to a qualified structure, or
130		-	b. Owns owns a leasehold interest in a qualified
131	130		structure for a term of not less than 39 years.
132	131		An owner as defined herein shall not be considered a
133	132		private user as defined in Section 40-9A-1.
134	133		(9)(8) QUALIFIED REHABILITATION EXPENDITURES. Any
135	134		expenditure as defined under Section 47(c)(2)(A) of the
136	135		Internal Revenue Code 26 U.S.C. § 47, as amended, and the
137	136		related regulations thereunder, and other reasonable expenses
138	137		and costs expended in the rehabilitation of a qualified
139	138		structure. For certified historic residential structures, this
140	139		term shall mean expenses incurred by the taxpayer in the
141	140		certified rehabilitation of a certified historic residential
142	141		structure, including but not limited to preservation and
143	142		rehabilitation work done to the exterior of a certified
144	143		historic residential structure, repair and stabilization of
145	144		historic structural systems, restoration of historic plaster,
146	145		energy efficiency measures except insulation in frame walls,
147	146		repairs or rehabilitation of heating, air conditioning, or
148	147		ventilation systems, repairs or rehabilitation of electrical
149	148		or plumbing systems exclusive of new electrical appliances and
150	149		electrical or plumbing fixtures, and architectural,
151	150		engineering, and land surveying fees. Qualified rehabilitation
152	151		expenditures do not include the cost of acquisition of the
153	152		qualified structure, the personal labor by the owner, or any
154	153		cost associated with the rehabilitation of an outbuilding of
	154	+	the qualified structure, unless the outbuilding is certified
	155	+	by the commission to contribute to the historical significance
	156	+	of the qualified structure.
	157	+	(10)(9) QUALIFIED STRUCTURE. Certified historic
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184		-	the qualified structure, unless the outbuilding is certified
185		-	by the commission to contribute to the historical significance
186		-	of the qualified structure.
187		-	(10)(9) QUALIFIED STRUCTURE. Certified historic
188	187		structures which are certified by the commission as meeting
189	188		the requirements contained in Section 47(c)(1)(A)(i) and (ii)
190	189		of the Internal Revenue Code 26 U.S.C. § 47, as amended, and to
191	190		certified historic residential structures as defined herein .
192	191		(11)(10) REGISTERED HISTORIC DISTRICT. Any district
193	192		listed in the National Register of Historic Places and any
194	193		district which is either of the following:
195	194		a. Designated under Alabama or local law as containing
196	195		criteria which substantially achieves the purpose of
197	196		preserving and rehabilitating buildings of historic
198	197		significance to the district.
199	198		b. Certified by the U.S. Secretary of the Interior as
200	199		meeting substantially all of the requirements for the listing
201	200		of districts in the National Register of Historic Places.
202	201		(12)(11) REHABILITATION PLAN. Construction plans and
203	202		specifications for the proposed rehabilitation of a qualified
204	203		structure in sufficient detail to enable the commission to
205	204		evaluate compliance with the standards developed under this
206	205		article.
207	206		(13)(12) SUBSTANTIAL REHABILITATION. Rehabilitation of
208	207		a qualified structure for which the qualified rehabilitation
209	208		expenditures exceed 50 percent of the owner's original
210	209		purchase price of the qualified structure or twenty-five
211	210		thousand dollars ($25,000), whichever is greater."
	211	+	"§40-9F-33
	212	+	(a) The state portion of any tax credit against the tax
	213	+	imposed by Chapter 18 for the taxable year in which the
	214	+	reservation is allocated to a project or the certified
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	242	+	112 HB253 EnrolledHB253 Enrolled
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241		-	"§40-9F-33
242		-	(a) The state portion of any tax credit against the tax
243		-	imposed by Chapter 18 for the taxable year in which the
244		-	reservation is allocated to a project or the certified
245	244		rehabilitation is placed in service shall be equal to 25
246	245		percent of the qualified rehabilitation expenditures for
247	246		certified historic structures. No tax credit claimed for any
248	247		certified rehabilitation may exceed five million dollars
249	248		($5,000,000) for all allowable property types except a
250	249		certified historic residential structure, and fifty thousand
251	250		dollars ($50,000) for a certified historic residential
252	251		structure.
253	252		(b) There is created within the Education Trust Fund a
254	253		separate account named the Historic Preservation Income Tax
255	254		Credit Account. The Commissioner of Revenue shall certify to
256	255		the Comptroller the amount of income tax credits under this
257	256		section and the Comptroller shall transfer into the Historic
258	257		Preservation Income Tax Credit Account only the amount from
259	258		sales tax revenues within the Education Trust Fund that is
260	259		sufficient for the Department of Revenue to use to cover the
261	260		income tax credits for the applicable tax year. The
262	261		Commissioner of Revenue shall distribute the funds in the
263	262		Historic Preservation Income Tax Credit Account pursuant to
264	263		this section.
265	264		(c) The entire tax credit must be claimed by the
266	265		taxpayer for the taxable year in which the reservation is
267	266		allocated to a project or the certified rehabilitation is
268	267		placed in service. Tax credits shall not be claimed prior to
	268	+	the taxable year in which the certified rehabilitation is
	269	+	placed in service. Where the taxes owed by the taxpayer are
	270	+	less than the tax credit, the taxpayer shall be entitled to
	271	+	claim a refund for the difference. In the event that any
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298		-	the taxable year in which the certified rehabilitation is
299		-	placed in service. Where the taxes owed by the taxpayer are
300		-	less than the tax credit, the taxpayer shall be entitled to
301		-	claim a refund for the difference. In the event that any
302	301		additional credit is allocated to the taxpayer for a given
303	302		project, the additional credit must be claimed in the taxable
304	303		year the additional credit is allocated to the taxpayer.
305	304		(d)(1) For the tax years 2018 through 20272022, the
306	305		aggregate amount of all tax credits that may be reserved in
307	306		any one of such years by the commission and certification of
308	307		rehabilitation plans under subsection (c) of Section
309	308		40-9F-32(c) shall not exceed twenty million dollars
310	309		($20,000,000), plus any amount of previous reservations of tax
311	310		credits that were rescinded under subsection (c) of Section
312	311		40-9F-32(c) during the tax year. However, if all of the
313	312		allowable tax credit amount for any tax year is not requested
314	313		and reserved, any unreserved tax credits may be utilized by
315	314		the commission in awarding tax credits in subsequent years;
316	315		provided, however, that in no event shall a total of more than
317	316		two hundred million dollars ($200,000,000) be reserved by the
318	317		commission during the period from May 25, 2017, through
319	318		December 31, 20272022, pursuant to this article . Applications
320	319		shall not be received by the commission after the Historic Tax
321	320		Credit Evaluating Committee has ranked projects with a total
322	321		amount exceeding two hundred million dollars ($200,000,000).
323	322		For purposes of this article, tax year shall mean the calendar
324	323		year.
325	324		(2) For the tax years 2023 through 2027, the aggregate
	325	+	amount of all tax credits that may be reserved in any one of
	326	+	such years by the commission and certification of
	327	+	rehabilitation plans under Section 40-9F-32(c) shall not
	328	+	exceed forty million dollars ($40,000,000) twenty million
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355		-	amount of all tax credits that may be reserved in any one of
356		-	such years by the commission and certification of
357		-	rehabilitation plans under Section 40-9F-32(c) shall not
358		-	exceed forty million dollars ($40,000,000) twenty million
359	358		dollars ($20,000,000), plus any amount of previous
360	359		reservations of tax credits that were rescinded under Section
361	360		40-9F-32(c) during the tax year. However, if all of the
362	361		allowable tax credit amount for any tax year is not requested
363	362		and reserved, any unreserved tax credits may be utilized by
364	363		the commission in awarding tax credits in subsequent years;
365	364		provided, however, that in no event shall a total of more than
366	365		two hundred million dollars ($200,000,000) be reserved by the
367	366		commission during the period from May 25, 2017, through
368	367		December 31, 2027, pursuant to this article.
369	368		(3) For tax years 2023 through 2027, no tax credits
370	369		shall be reserved for qualified structures the end use of
371	370		which is proposed to be a disqualifying use.
372	371		(4) For purposes of this article, "tax year" shall mean
373	372		calendar year.
	373	+	(5) In addition to the limits in subdivision (2), for
	374	+	tax years 2024 through 2027, the commission may utilize an
	375	+	additional amount up to a total of five million dollars
	376	+	($5,000,000) to reduce the backlog of qualified applications.
374	377		(e) Of the annual amount of the tax credits provided
375	378		for in subsection (d), 40 percent shall be reserved to
376	379		taxpayers with a certified rehabilitation project located in a
377	380		county in which the population does not exceed 175,000
378	381		according to the most recent federal decennial census. In the
379	382		event applications are not received and credits are not
380	383		allocated for projects in these areas by the close of the
381	384		third quarter of the program year, the funds may revert for
382	385		allocations of other project applications.
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412	415		(f) Tax credits granted to a partnership, a limited
413	416		liability company, S corporations, trusts, or estates, shall
414	417		be claimed at the entity level and shall not pass through to
415	418		the partners, members, or owners.
416	419		(g) All or any portion of the income tax credits under
417	420		this section and Section 40-9F-32 shall be transferable and
418	421		assignable, subject to any notice and verification
419	422		requirements to be determined by the department, without the
420	423		requirement of transferring any ownership interest in the
421	424		qualified structure or any interest in the entity which owns
422	425		the qualified structure. Any tax credits transferred shall be
423	426		at a value of at least 85 percent of the present value of the
424	427		credits. However, once a credit is transferred, only the
425	428		transferee may utilize such the credit and the credit cannot
426	429		may not be transferred again. A transferee of the tax credits
427	430		may use the amount of tax credits transferred to offset any
428	431		income tax under Chapter 18. The entire tax credit must be
429	432		claimed by the transferee for the taxable year in which the
430	433		reservation is allocated to a project or the certified
431	434		rehabilitation is placed in service. When the taxes owed by
432	435		the transferee are less than the tax credit, the transferee
433	436		shall be entitled to claim a refund for the difference. The
434	437		department shall adopt a form transfer statement to be filed
435	438		by the transferor with the department prior to the purported
436	439		transfer of any credit issued under this article. The transfer
437	440		statement form shall include the name and federal taxpayer
438	441		identification number of the transferor and each transferee
439	442		listed therein along with the amount of the tax credit to be
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469	472		transferred to each transferee listed on the form. The
470	473		transfer statement form shall also contain any other
471	474		information as the department may from time to time reasonably
472	475		require. For each transfer, the transferor shall file: (1) a
473	476		completed transfer statement form; (2) a copy of the tax
474	477		credit certificate issued by the commission documenting the
475	478		amount of tax credits which the transferor intends to
476	479		transfer; (3) a copy of the proposed written transfer
477	480		agreement; and (4) a transfer fee payable to the department in
478	481		the amount of one thousand dollars ($1,000) per transferee
479	482		listed on the transfer statement form. The transferor shall
480	483		file with the department a fully executed copy of the written
481	484		transfer agreement with each transferee within 30 days after
482	485		the completed transfer. Filing of the written transfer
483	486		agreement with the department shall perfect the transfer with
484	487		respect to the transferee. Within 30 days after the
485	488		department's receipt of the fully executed written transfer
486	489		agreement, the department shall issue a tax credit certificate
487	490		to each transferee listed in the agreement in the amount of
488	491		the tax credit so transferred. The certificate shall be used
489	492		by the transferee in claiming the tax credit pursuant to
490	493		subsections (e) and (f) of Section 40-9F-32. The department
491	494		may adopt additional rules as are necessary to permit
492	495		verification of the ownership of the tax credits, but shall
493	496		not adopt any rules which unduly restrict or hinder the
494	497		transfer of the tax credits."
495	498		"§40-9F-38
496	499		(a) There is established the Historic Tax Credit
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526	529		Evaluating Committee, which shall review qualifying projects,
527	530		approve credits for projects, and rank projects in the order
528	531		in which the projects should receive tax credit reservations
529	532		based on criteria established by the commission. The
530	533		commission shall establish a review cycle for the committee
531	534		beginning on January 1, 2018, provided that the committee
532	535		shall meet at least quarterly unless no credits remain to be
533	536		allocated. The Commissioner of Revenue shall be a nonvoting
534	537		member of the committee and provide advisory and technical
535	538		support. The committee shall consist of the following:
536	539		(1) The Director of the Alabama Office of Minority
537	540		Affairs.
538	541		(2) The Executive Director of the Alabama Historical
539	542		Commission.
540	543		(3) The Finance Director.
541	544		(4) The Director of the Alabama Department of Economic
542	545		and Community Affairs.
543	546		(5) The Secretary of Commerce.
544	547		(6) Two members of the Alabama House of
545	548		Representatives, at least one of which shall be a member of
546	549		the minority party, to be appointed by the Speaker of the
547	550		House of Representatives.
548	551		(7) Two members of the Alabama Senate, at least one of
549	552		which shall be a member of the minority party, to be appointed
550	553		by the President Pro Tempore of the Senate.
551	554		(8) The Chair of the Senate Finance Taxation Education
552	555		Committee or his or her designee.
553	556		(9) The Chair of the House Ways and Means Education
554	557		253
555	558		254
556	559		255
557	560		256
558	561		257
559	562		258
560	563		259
561	564		260
562	565		261
563	566		262
564	567		263
565	568		264
566	569		265
567	570		266
568	571		267
569	572		268
570	573		269
571	574		270
572	575		271
573	576		272
574	577		273
575	578		274
576	579		275
577	580		276
578	581		277
579	582		278
580	583		279
581		-	280 HB253 ~~EngrossedHB253 Engrossed~~
	584	+	280 HB253 EnrolledHB253 Enrolled
582	585		Page 11
583	586		Committee or his or her designee.
584	587		(b)(1) The Alabama Historical Commission shall adopt
585	588		rules that shall set forth guidelines to be used by the
586	589		committee in determining the allocation of credits. The
587	590		guidelines shall set forth factors to be considered by the
588	591		committee including all of the following :
589	592		a. RelativeThe relative value of the proposed project
590	593		to the particular community, including the maintenance of the
591	594		historic fabric of the community ;.
592	595		b. The possible return on investment for the community
593	596		in which the proposed project is located ;.
594	597		c. the The geographic distribution of projects ;.
595	598		d. the The likelihood of the project proceeding without
596	599		the historic tax credit authorized in this article ;.
597	600		e. and The strength of local support for the proposed
598	601		project.
599	602		f. The leveraged investment ratio of the project, as
600	603		determined by the total project investment divided by the
601	604		amount of tax credits requested.
602	605		g. The number of net new jobs the project will create
603	606		in the state.
604	607		h. The amount of overall project financing for which
605	608		the applicant has firm, secured commitments prior to
606	609		submitting its application.
607	610		(2) Included in the information to be required for the
608	611		evaluation submitted in the application of any project shall
609	612		be any additional tax credits or state, federal, or local
610	613		government grants that the applicant expects to utilize for
611	614		281
612	615		282
613	616		283
614	617		284
615	618		285
616	619		286
617	620		287
618	621		288
619	622		289
620	623		290
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625	628		295
626	629		296
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628	631		298
629	632		299
630	633		300
631	634		301
632	635		302
633	636		303
634	637		304
635	638		305
636	639		306
637	640		307
638		-	308 HB253 ~~EngrossedHB253 Engrossed~~
	641	+	308 HB253 EnrolledHB253 Enrolled
639	642		Page 12
640	643		the construction of the project.
641	644		(3) The committee shall establish a minimum threshold
642	645		that a project must exceed before the project may be funded by
643	646		the committee.
644	647		(c) The committee may meet in person, remotely, or by
645	648		using a hybrid model where some members attend in person and
646	649		others attend remotely, pursuant to Section 36-25A-5.1. "
647	650		Section 2. This act shall become effective immediately
648	651		following its passage and approval by the Governor, or its
649	652		otherwise becoming law.
650	653		309
651	654		310
652	655		311
653	656		312
654	657		313
655	658		314
656	659		315
657	660		316
658	661		317
659		-	318 HB253 ~~EngrossedHB253 Engrossed~~
	662	+	318 HB253 EnrolledHB253 Enrolled
660	663		Page 13
	664	+	________________________________________________
	665	+	Speaker of the House of Representatives
	666	+	________________________________________________
	667	+	President and Presiding Officer of the Senate
661	668		House of Representatives
662		-	Read for the first time and referred
663		-	to the House of Representatives
664		-	committee on Ways and Means
665		-	Education
666		-	................04-Apr-23
667		-	Read for the second time and placed
668		-	on the calendar:
669		-	1 amendment
670		-	................03-May-23
671		-	Read for the third time and passed
672		-	as amended
673		-	Yeas 102
674		-	Nays 0
675		-	Abstains 1
676		-	................09-May-23
	669	+	I hereby certify that the within Act originated in and
	670	+	was passed by the House 09-May-23, as amended.
677	671		John Treadwell
678	672		Clerk
	673	+	Senate 06-Jun-23 Passed
	674	+	House 06-Jun-23 Concurred in
	675	+	Senate Amendment
679	676		319
680	677		320
681	678		321
682	679		322
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