HLS 15RS-524 REENGROSSED 2015 Regular Session HOUSE BILL NO. 387 BY REPRESENTATIVES LEGER, BARRAS, BARROW, BOUIE, BURFORD, HENRY BURNS, HOFFMANN, HUNTER, ROBERT JOHNSON, RITCHIE, STOKES, THIBAUT, AND WILLMOTT TAX/INCOME-CREDIT: Extends the sunset of the tax credit for the rehabilitation of historic structures for nonresidential property and provides eligibility requirements 1 AN ACT 2To amend and reenact R.S. 47:6019(A)(2)(c) and (C) and to enact R.S. 47:6019(A)(1)(c), 3 relative to tax credits; to provide for the tax credit for the rehabilitation of historic 4 structures for nonresidential property; to provide relative to eligibility requirements; 5 to provide for an administrative fee; to extend the sunset of the tax credit; to provide 6 for an effective date; and to provide for related matters. 7Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 47:6019(A)(2)(c) and (C) are hereby amended and reenacted and 9R.S. 47:6019(A)(1)(c) is hereby enacted to read as follows: 10 ยง6019. Tax credit; rehabilitation of historic structures 11 A.(1) 12 * * * 13 (c) The tax credit shall not be allowed for the rehabilitation costs and 14 expenses that are paid for with state or federal funds, unless the state or federal funds 15 are reported as taxable income or are structured as repayable loans. 16 (2) 17 * * * 18 (c) A single fee shall be charged per application by the state historic 19 preservation office and the Department of Revenue, the amount of which shall be Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-524 REENGROSSED HB NO. 387 1 determined in rules and regulations promulgated by the Department of Culture, 2 Recreation and Tourism, in consultation with the Department of Revenue, in 3 accordance with the Administrative Procedure Act, subject to oversight by the House 4 Committee on Ways and Means and the Senate Committee on Revenue and Fiscal 5 Affairs. The rules and regulations promulgated in accordance with the provisions 6 of this Section shall provide for an equitable distribution of the application fee 7 between the state historic preservation office and the Department of Revenue. 8 * * * 9 C. The provisions of this Section shall be effective for the taxable years 10 ending prior to January 1, 2018 January 1, 2022. 11 Section 2. This Act shall become effective upon signature of the governor, or if not 12signed by the governor, upon expiration of the time for bills to become law without signature 13by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 14vetoed by the governor and subsequently approved by the Legislature, this Act shall become 15effective on the day following such approval by the Legislature. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 387 Reengrossed 2015 Regular Session Leger Abstract: Extends the sunset for the tax credit for the rehabilitation of nonresidential historic structures from Jan. 1, 2018 to Jan. 1, 2022 and provides for certain eligibility requirements. Present law provides for an income or corporation franchise tax credit for the amount of eligible costs and expenses incurred during the rehabilitation of a historic structure located in a downtown development district or a cultural district. Provides for an application fee. The credit shall not exceed 25% of the eligible costs and expenses and no taxpayer shall claim more than $5 million of credit annually for any number of structures rehabilitated within a particular downtown development or cultural district. The credit sunsets on Jan. 1, 2018. Proposed law retains present law but prohibits those projects whose rehabilitation costs and expenses are paid for with state or federal funds from being eligible to receive the tax credit, unless the state or federal funds used are reported as taxable income or are structured as repayable loans. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 15RS-524 REENGROSSED HB NO. 387 Proposed law further directs the state historic preservation office to consult with the Dept. of Revenue in determining the amount of the application fee to be collected and requires that the application fee be distributed equitably between the entities. Proposed law changes present law by extending sunset of the program from Jan. 1, 2018 to taxable years ending prior to Jan. 1, 2022. Effective upon signature of governor or lapse of time for gubernatorial action. (Amends R.S. 47:6019(A)(2)(c) and (C); Adds R.S. 47:6019(A)(1)(c)) Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.