West Virginia 2026 Regular Session

West Virginia Senate Bill SB389

Introduced
1/15/26  
Refer
1/15/26  
Engrossed
2/13/26  
Refer
2/16/26  

Caption

Historic Rehab Building Credit Act

Impact

If enacted, SB389 would significantly amend existing tax codes to include provisions specifically aimed at preserving historic structures. It mandates that tax credits are available under clear guidelines, including defining what constitutes 'qualified rehabilitation expenditures.' The bill streamlines the process of application and claiming of these credits, which proponents argue will make it easier for taxpayers to maintain compliance and take advantage of available benefits. The legislation also establishes a timeline for credits to be claimed and the processes through which these certifications must be handled.

Summary

Senate Bill 389, titled the West Virginia Historic Rehabilitated Building Tax Credit Act, aims to foster the rehabilitation of historic buildings in West Virginia by providing an income tax credit. This credit, which amounts to 25% of eligible rehabilitation expenditures, targets both residential and non-residential certified historic structures that meet specific criteria as determined by the state and federal guidelines. The intention is to preserve the state's historical, cultural, and artistic heritage while providing financial incentives for property owners to invest in rehabilitation projects.

Sentiment

General sentiment around the bill appears to be favorable among advocates of historic preservation and local business owners who see the potential economic benefits of rehabilitated properties. These advocates emphasize that the bill could enhance local tourism and commerce through the preservation of historic sites. However, some concerns have been raised regarding the potential burden on state tax revenues and whether such incentives might encourage gentrification or the loss of the character of neighborhoods, bringing about opposition from certain community groups.

Contention

One key point of contention is the bill's approach to sunset existing credits set to be terminated by June 2026, which raises questions about the future of financial incentives for ongoing rehabilitation projects. Critics are concerned that removing previously established credits might disincentivize investment in historic buildings. Additionally, there are concerns about the thresholds for which properties qualify, particularly regarding whether all income-producing historic structures are adequately represented within the legislation.

Companion Bills

WV HB4016

Similar To Historic Rehab Building Credit Act

Previously Filed As

WV SB834

Relating to tax credit for qualified rehabilitated buildings investment

WV HB3486

Relating to credit for qualified rehabilitated buildings investment

WV HB3457

Relating to credit for qualified rehabilitated buildings investment

WV SB448

Creating credit against severance tax for certain infrastructure improvements

WV SB873

Creating WV Homelessness Rehabilitation and Public Safety Act

WV HB2716

Create a credit against the severance tax to encourage private companies to make infrastructure improvements to highways, roads and bridges in this state

WV SB722

Creating WV Short Line Railroad Modernization Act

WV SB60

Establishing road or highway infrastructure improvement projects or coal production and processing facilities tax credit

WV HB2836

Relating to wild animal rehabilitation permits

WV SB290

Establishing requirements for wildlife rehabilitation and providing wildlife rehabilitator permit

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