Georgia 2023-2024 Regular Session

Georgia House Bill HB1116 Compare Versions

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1-24 LC 50 0911S
2-The Senate Committee on Finance offered the following
3-substitute to HB 1116:
1+24 LC 50 0756S
2+House Bill 1116 (COMMITTEE SUBSTITUTE)
3+By: Representatives Buckner of the 137
4+th
5+, Stephens of the 164
6+th
7+, Houston of the 170
8+th
9+,
10+Blackmon of the 146
11+th
12+, and Holcomb of the 81
13+st
14+
415 A BILL TO BE ENTITLED
516 AN ACT
6-To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated,1
17+To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated,
18+1
719 relating to the imposition, rate, computation, exemptions, and credits relative to income2
8-taxes, so as to decrease the aggregate cap for the tax credit for the rehabilitation of historic3
9-homes; to provide for related matters; to provide for an effective date and applicability; to4
10-repeal conflicting laws; and for other purposes.5
11-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
12-SECTION 1.7
13-Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the8
14-imposition, rate, computation, exemptions, and credits relative to income taxes, is amended9
15-in Code Section 48-7-29.8, relating to tax credits for the rehabilitation of historic structures10
16-and conditions, and limitations, by revising subparagraph (c)(3)(A) as follows:11
17-"(3)(A) Prior to January 1, 2022, in no event shall credits issued under this Code12
18-section for projects earning more than $300,000.00 in credits exceed in the aggregate13
19-$25 million per calendar year.14
20-- 1 - 24 LC 50 0911S
21-(B) For calendar year 2022, in no event shall credits issued under this Code section15
22-exceed $5 million in aggregate for all projects earning $300,000.00 or less, or $2516
23-million in aggregate for all projects earning more than $300,000.00.17
24-(C) For calendar years 2023 and 2024, in In no event shall credits issued under this18
25-Code section for historic homes exceed $5 $2.5 million in aggregate per year. On and19
26-after January 1, 2025, no credits shall be issued under this Code section for historic20
27-homes.21
28-(D)(B) For calendar years 2023 through 2027, in no event shall credits issued under22
29-this Code section for certified structures other than historic homes exceed $30 million23
30-in aggregate per year.24
31-(E)(C) On and after January 1, 2028, in no event shall credits be issued under this Code25
32-section."26
33-SECTION 2.27
34-This Act shall become effective on January 1, 2025, and shall be applicable to taxable years28
35-beginning on or after such date.29
36-SECTION 3.30
37-All laws and parts of laws in conflict with this Act are repealed.31
38-- 2 -
20+taxes, so as to extend the sunset dates for the tax credits for the rehabilitation of historic3
21+structures; to expand the criteria for historic homes to qualify for such credits; to increase the4
22+aggregate caps for credits related to historic structures other than historic homes; to provide5
23+for a five-year carry-forward period for credits for historic structures other than historic6
24+homes; to extend a provision for an automatic repeal; to provide for related matters; to7
25+provide for an effective date and applicability; to repeal conflicting laws; and for other8
26+purposes.9
27+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
28+SECTION 1.11
29+Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the12
30+imposition, rate, computation, exemptions, and credits relative to income taxes, is amended13
31+by revising Code Section 48-7-29.8, relating to tax credits for the rehabilitation of historic14
32+structures and conditions, and limitations, as follows:15
33+H. B. 1116 (SUB)
34+- 1 - 24 LC 50 0756S
35+"48-7-29.8.
36+16
37+(a) As used in this Code section, the term:17
38+(1) 'Certified rehabilitation' means repairs or alterations to a certified structure which are18
39+certified by the Department of Community Affairs as meeting the United States Secretary19
40+of the Interior's Standards for Rehabilitation or the Georgia Standards for Rehabilitation20
41+as provided by the Department of Community Affairs.21
42+(2) 'Certified structure' means a historic building or structure that is located within a22
43+national historic district, individually listed on the National Register of Historic Places,23
44+individually listed in the Georgia Register of Historic Places, or is certified by the24
45+Department of Community Affairs as contributing to the historic significance of a25
46+Georgia Register Historic District; provided, however, that on and after January 1, 2026,
47+26
48+such term, as it relates to historic homes, means a historic building or structure that is27
49+certified by the Department of Community Affairs as contributing to the historic28
50+significance of a listed National Register Historic District, individually listed on the29
51+National Register of Historic Places, is certified by the Department of Community Affairs30
52+as contributing to the historic significance of a listed Georgia Register Historic District,31
53+individually listed in the Georgia Register of Historic Places, or designated as a historic32
54+property or contributing to a district under local law and certified by the Department of33
55+Community Affairs as meeting National Register criteria.34
56+(3) 'Historic home' means a certified structure which, or any portion of which is or will,35
57+within a reasonable period, be owned and used as the principal residence of the person36
58+claiming the tax credit allowed under this Code section. Historic home Such term shall37
59+include any structure or group of structures that constitute a multifamily or multipurpose38
60+structure, including a cooperative or condominium. If only a portion of a building is used39
61+as such person's principal residence, only those qualified rehabilitation expenditures that40
62+are properly allocable to such portion shall be deemed to be made to a historic home.41
63+H. B. 1116 (SUB)
64+- 2 - 24 LC 50 0756S
65+(4) 'Qualified rehabilitation expenditure' means any qualified rehabilitation expenditure
66+42
67+as defined by Section 47(c)(2) of the Internal Revenue Code of 1986 and any amount43
68+properly chargeable to a capital account expended in the substantial rehabilitation of a44
69+structure that by the end of the taxable year in which the certified rehabilitation is45
70+completed is a certified structure. This
71+ Such term does shall not include the cost of46
72+acquisition of the certified structure, the cost attributable to enlargement or additions to47
73+an existing building, site preparation, or personal property.48
74+(5) 'Substantial rehabilitation' means rehabilitation of a certified structure for which the49
75+qualified rehabilitation expenditures, at least 5 percent of which must shall be allocable50
76+to the exterior during the 24 month period selected by the taxpayer ending with or within51
77+the taxable year, exceed:52
78+(A) For a historic home, the lesser of $25,000.00 or 50 percent of the adjusted basis of53
79+the property as defined provided for in subparagraph (a)(1)(B) of Code Section54
80+48-5-7.2; or, in the case of a historic home located in a target area, $5,000.00; or55
81+(B) For any other certified structure, the greater of $5,000.00 or the adjusted basis of56
82+the property.57
83+(6) 'Target area' means a qualified census tract under Section 42 of the Internal Revenue58
84+Code of 1986, found in the United States Department of Housing and Urban59
85+Development document number N-94-3821; FR-3796-N-01.60
86+(b) A taxpayer shall be allowed a tax credit against the tax imposed by this chapter in the61
87+year that the certified rehabilitation is placed in service, which may be up to two years after62
88+the end of the taxable year for which the credit was originally reserved:63
89+(1) In the case of a historic home, equal to 25 percent of qualified rehabilitation64
90+expenditures, except that, in the case of a historic home located within a target area, an65
91+additional credit equal to 5 percent of qualified rehabilitation expenditures shall be66
92+allowed; and67
93+H. B. 1116 (SUB)
94+- 3 - 24 LC 50 0756S
95+(2) In the case of any other certified structure, equal to 25 percent of qualified
96+68
97+rehabilitation expenditures.69
98+Qualified rehabilitation expenditures may
99+ shall only be counted once in determining the70
100+amount of the tax credit available, and more than one entity may shall not claim a credit71
101+for the same qualified rehabilitation expenditures.72
102+(c)(1) In no event shall credits for a historic home exceed $100,000.00 in any 120 month73
103+period.74
104+(2) The maximum credit for any other individual certified structure shall be $5 $7.575
105+million for any taxable year, except in the case that the project creates 200 or more76
106+full-time, permanent jobs or $5 million in annual payroll within two years of the placed77
107+in service date, in which case the project is shall be eligible for credits up to $10 $1578
108+million for an individual certified structure. In no event shall more than one application79
109+for any individual certified structure under this paragraph be approved in any 120 month80
110+period.81
111+(3)(A) Prior to January 1, 2022, in no event shall credits issued under this Code section82
112+for projects earning more than $300,000.00 in credits exceed in the aggregate $2583
113+million per calendar year.84
114+(B) For calendar year 2022, in no event shall credits issued under this Code section85
115+exceed $5 million in aggregate for all projects earning $300,000.00 or less, or $2586
116+million in aggregate for all projects earning more than $300,000.00.87
117+(C) For calendar years 2023 and 2024, in In no event shall credits issued under this88
118+Code section for historic homes exceed $5 million in aggregate per year. On and after89
119+January 1, 2025 2035, no credits shall be issued under this Code section for historic90
120+homes.91
121+(D)(B) For calendar years 2023 through 2027, in In no event shall credits issued under92
122+this Code section for certified structures other than historic homes exceed $30 $6093
123+million in aggregate per year.94
124+H. B. 1116 (SUB)
125+- 4 - 24 LC 50 0756S
126+(E)(C) On and after January 1, 2028 2029, in no event shall credits be issued under this95
127+Code section for certified structures other than historic homes.96
128+(d)(1) A taxpayer seeking to claim a tax credit under paragraph (2) of subsection (b) of97
129+this Code section shall submit an application to the commissioner for preapproval of such98
130+tax credit. Such application shall include a precertification from the Department of99
131+Community Affairs certifying that the improvements to the certified structure are to be100
132+consistent with the Department of Community Affairs Standards for Rehabilitation. The101
133+Department department shall have the authority to require electronic submission of such102
134+application in the manner specified by the department. The commissioner shall103
135+preapprove the tax credits within 30 days based on the order in which properly completed104
136+applications were submitted. In the event that two or more applications were submitted105
137+on the same day and the amount of funds available will not be sufficient to fully fund the106
138+tax credits requested, the commissioner shall prorate the available funds between or107
139+among the applicants. Applications submitted after the annual limitations provided for108
140+in paragraph (3) of subsection (c) of this Code section have been met shall be given109
141+priority the following year.110
142+(2) In order to be eligible to receive the credit authorized under subsection (b) of this111
143+Code section, a taxpayer must shall attach to the taxpayer's state tax return a copy of the112
144+completed certification of the Department of Community Affairs verifying that the113
145+improvements to the certified structure are consistent with the Department of Community114
146+Affairs Standards for Rehabilitation.115
147+(e)(1) If the credit allowed under paragraph (1) of subsection (b) of this Code section in116
148+any taxable year exceeds the total tax otherwise payable by the taxpayer for that taxable117
149+year, the taxpayer may apply the excess as a credit for succeeding years until the earlier118
150+of:119
151+(A) The full amount of the excess is used; or120
152+H. B. 1116 (SUB)
153+- 5 - 24 LC 50 0756S
154+(B) The expiration of the tenth taxable year after the taxable year in which the certified
155+121
156+rehabilitation has been completed.122
157+(2) If the credit allowed under paragraph (2) of subsection (b) of this Code section in any
158+123
159+taxable year exceeds the total tax otherwise payable by the taxpayer for that taxable year,124
160+the taxpayer may apply the excess as a credit for succeeding years until the earlier of:125
161+(A) The full amount of the excess is used; or126
162+(B) The expiration of the fifth taxable year after the taxable year in which the certified127
163+rehabilitation has been completed.128
164+(2)(3) Any tax credits with respect to credits earned by a taxpayer under paragraph (2)129
165+of subsection (b) of this Code section and previously claimed but not used by such130
166+taxpayer against its income tax may be transferred or sold in whole or in part by such131
167+taxpayer to another Georgia taxpayer, subject to the following conditions:132
168+(A) A taxpayer who that makes qualified rehabilitation expenditures may sell or assign133
169+all or part of the tax credit that may be claimed for such costs and expenses to one or134
170+more entities, but no further sale or assignment of any credit previously sold or assigned135
171+pursuant to this subparagraph shall be allowed. All such transfers shall be subject to136
172+the maximum total limits provided by subsection (c) of this Code section;137
173+(B) A taxpayer who that sells or assigns a credit under this Code section and the entity138
174+to which the credit is sold or assigned shall jointly submit written notice of the sale or139
175+assignment to the department not later than 30 days after the date of the sale or140
176+assignment. The Such notice must shall include:141
177+(i) The date of the sale or assignment;142
178+(ii) The amount of the credit sold or assigned;143
179+(iii) The names and federal tax identification numbers of the entity that sold or144
180+assigned the credit or part of the credit and the entity to which the credit or part of the145
181+credit was sold or assigned; and146
182+H. B. 1116 (SUB)
183+- 6 - 24 LC 50 0756S
184+(iv) The amount of the credit owned by the selling or assigning entity before the sale
185+147
186+or assignment and the amount the selling or assigning entity retained, if any, after the148
187+sale or assignment;149
188+(C) The sale or assignment of a credit in accordance with this Code section does
189+ shall150
190+not extend the period for which a credit may be carried forward and does shall not151
191+increase the total amount of the credit that may be claimed. After an entity claims a152
192+credit for eligible costs and expenses, another entity may shall not use the same costs153
193+and expenses as the basis for claiming a credit;154
194+(D) Notwithstanding the requirements of this subsection, a credit earned or purchased155
195+by, or assigned to a partnership, limited liability company, Subchapter 'S' corporation,156
196+or other pass-through entity may be allocated to the partners, members, or shareholders157
197+of that entity and claimed under this Code section in accordance with the provisions of158
198+any agreement among the partners, members, or shareholders of that entity and without159
199+regard to the ownership interest of the partners, members, or shareholders in the160
200+rehabilitated certified structure, provided that the entity or person that claims the credit161
201+must shall be subject to Georgia tax; and162
202+(E) Only a taxpayer who earned a credit, and no subsequent good faith transferee, shall163
203+be responsible in the event of a recapture, reduction, disallowance, or other failure164
204+related to such credit.165
205+(3)(4) No such credit shall be allowed the taxpayer against prior years' tax liability.166
206+(f) In the case of any rehabilitation which may reasonably be expected to be completed in167
207+phases set forth in architectural plans and specifications completed before the rehabilitation168
208+begins, a 60 month period may be substituted for the 24 month period provided for in169
209+paragraph (5) of subsection (a) of this Code section.170
210+(g)(1) Except as otherwise provided in subsection (h) of this Code section, in the event171
211+a tax credit under this Code section has been claimed and allowed the taxpayer, upon the172
212+sale or transfer of the certified structure, the taxpayer shall be authorized to transfer the173
213+H. B. 1116 (SUB)
214+- 7 - 24 LC 50 0756S
215+remaining unused amount of such credit to the purchaser of such certified structure. If
216+174
217+a historic home for which a certified rehabilitation has been completed by a nonprofit175
218+corporation is sold or transferred, the full amount of the credit to which the nonprofit176
219+corporation would be entitled if taxable shall be transferred to the purchaser or transferee177
220+at the time of sale or transfer.178
221+(2) Such purchaser shall be subject to the limitations of subsection (e) of this Code179
222+section. Such purchaser shall file with such purchaser's tax return a copy of the approval180
223+of the rehabilitation by the Department of Community Affairs as provided in subsection181
224+(d) of this Code section and a copy of the form evidencing the transfer of the tax credit.182
225+(3) Such purchaser shall be entitled to rely in good faith on the information contained in183
226+and used in connection with obtaining the approval of the credit including, without184
227+limitation, the amount of qualified rehabilitation expenditures.185
228+(h)(1) If an owner other than a nonprofit corporation sells a historic home within three186
229+years of receiving the credit, the seller shall recapture the credit to the Department of187
230+Revenue as follows:188
231+(A) If the property is sold within one year of receiving the credit, the recapture amount189
232+will
233+ shall equal the lesser of the credit or the net profit of the sale;190
234+(B) If the property is sold within two years of receiving the credit, the recapture191
235+amount will shall equal the lesser of two-thirds of the credit or the net profit of the sale;192
236+or193
237+(C) If the property is sold within three years of receiving the credit, the recapture194
238+amount will shall equal the lesser of one-third of the credit or the net profit of the sale.195
239+(2) The recapture provisions of this subsection shall not apply to a sale resulting from the196
240+death of the owner.197
241+(i)(1) In the event that a taxpayer claims the tax credit under paragraph (2) of subsection198
242+(b) of this Code section and leases such certified structure, the department shall aggregate199
243+all total sales tax receipts from the certified structure.200
244+H. B. 1116 (SUB)
245+- 8 - 24 LC 50 0756S
246+(2) Any taxpayer claiming credits under paragraph (2) of subsection (b) of this Code
247+201
248+section shall report to the department the average full-time employees employed at the202
249+certified structure. A full-time employee for the purposes of this Code section shall mean203
250+a person who works a job that requires 30 or more hours per week. Such reports must
251+204
252+shall be submitted to the department for five calendar years following the year in which205
253+the credit is claimed by the taxpayer.206
254+(3) In the event that a taxpayer claims the tax credit under paragraph (2) of subsection207
255+(b) of this Code section and leases such certified structure, the department shall aggregate208
256+all total full-time employees at the certified structure.209
257+(j) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, the department shall210
258+furnish a report to the chairperson of the House Committee on Ways and Means and the211
259+chairperson of the Senate Finance Committee by June 30 of each year. Such report shall212
260+contain the total sales tax collected in the prior calendar year and the average number of213
261+full-time employees at the certified structure and the total value of credits claimed for each214
262+taxpayer claiming credits under paragraph (2) of subsection (b) of this Code section.215
263+(k) The tax credit allowed under paragraph (1) of subsection (b) of this Code section, and216
264+any recaptured tax credit, shall be allocated among some or all of the partners, members,217
265+or shareholders of the entity owning the project in any manner agreed to by such persons,218
266+whether or not such persons are allocated or allowed any portion of any other tax credit219
267+with respect to the project.220
268+(l) The Department of Community Affairs and the Department of Revenue shall prescribe221
269+such regulations as may be appropriate to carry out the purposes of this Code section.222
270+(m) The Department of Community Affairs shall report, on an annual basis, on the overall223
271+economic activity, usage, and impact to the state from the rehabilitation of eligible224
272+properties for which credits provided by this Code section have been allowed.225
273+(n) This Code section shall stand repealed and reserved by operation of law on December226
274+31, 2027 2034."227
275+H. B. 1116 (SUB)
276+- 9 - 24 LC 50 0756S
277+SECTION 3.
278+228
279+This Act shall become effective on January 1, 2025, and shall be applicable to taxable years229
280+beginning on or after such date.230
281+SECTION 4.231
282+All laws and parts of laws in conflict with this Act are repealed. 232
283+H. B. 1116 (SUB)
284+- 10 -