2015 -- H 5886 | |
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LC002124 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2015 | |
____________ | |
A N A C T | |
RELATING TO TAXATION -- HISTORIC STRUCTURES | |
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Introduced By: Representatives Tobon, Blazejewski, Barros, Melo, and Casey | |
Date Introduced: March 13, 2015 | |
Referred To: House Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 44-33.6 of the General Laws entitled "Historic Preservation Tax |
2 | Credits 2013" is hereby repealed in its entirety. |
3 | CHAPTER 44-33.6 |
4 | Historic Preservation Tax Credits 2013 |
5 | 44-33.6-1. Declaration of purpose. -- The general assembly finds and declares that |
6 | Rhode Island's historic structures continue to experience high vacancy rates and physical |
7 | deterioration, particularly in Rhode Island's central business districts. Without adding economic |
8 | incentive, these structures are not viable for the redevelopment and reuse by modern commercial, |
9 | residential or manufacturing enterprises and will continue their physical deterioration. The |
10 | redevelopment and reuse of these historic structures are of critical importance to the economic |
11 | measures and will assist in stimulating the reuse and redevelopment of historic structures and will |
12 | improve property values, foster civic beauty, create employment opportunities, enhance |
13 | commerce, and promote public education, pleasure, and welfare. Furthermore, during this |
14 | unprecedented economic climate, many in the building and construction trades, and related |
15 | service industries, have been severely impacted. The redevelopment and reuse of these historic |
16 | structures will serve as a vital catalyst in the recovery of these trades and services, in addition to |
17 | stimulating various other related economic benefits and business activities. The purpose of this |
18 | chapter is to create economic incentives for the purpose of stimulating the redevelopment and |
19 | reuse of Rhode Island's historic structures, as well as to generate the positive economic and |
| |
1 | employment activities that will result from such redevelopment and reuse. |
2 | 44-33.6-2. Definitions. -- As used in this chapter: |
3 | (1) "Certified historic structure" means a property which is located in the state of Rhode |
4 | Island and is: |
5 | (i) Listed individually on the national register of historic places; or |
6 | (ii) Listed individually in the state register of historic places; or |
7 | (iii) Located in a registered historic district and certified by either the commission or |
8 | Secretary of the Interior as being of historic significance to the district. |
9 | (2) "Certified rehabilitation" means any rehabilitation of a certified historic structure |
10 | consistent with the historic character of such property or the district in which the property is |
11 | located as determined by the commission guidelines. |
12 | (3) "Substantial Construction" means that: (i) the owner of a certified historic structure |
13 | has entered into a contract with the division of taxation and paid the processing fee; (ii) the |
14 | commission has certified that the certified historic structure's rehabilitation will be consistent with |
15 | the standards set forth in this chapter; and (iii) the owner has expended ten percent (10%) of its |
16 | qualified rehabilitation expenditures, estimated in the contract entered into with the division of |
17 | taxation for the project or its first phase of a phased project. |
18 | (4) "Commission" means the Rhode Island historical preservation and heritage |
19 | commission created pursuant to § 42-45-2. |
20 | (5) "Exempt from real property tax" means, with respect to any certified historic |
21 | structure, that the structure is exempt from taxation pursuant to § 44-3-3. |
22 | (6) "Hard construction costs" means the direct contractor costs for labor, material, |
23 | equipment, and services associated with an approved project, contractors overhead and profit, and |
24 | other direct construction costs. |
25 | (7) "Holding period" means twenty-four (24) months after the commission issues a |
26 | certificate of completed work to the owner. In the case of a rehabilitation which may reasonably |
27 | be expected to be completed in phases as described in subdivision (15) of this section, "holding |
28 | period" shall be extended to include a period of time beginning on the date of issuance of a |
29 | certificate of completed work for the first phase or phases for which a certificate of completed |
30 | work is issued and continuing until the expiration of twenty-four (24) months after the certificate |
31 | of completed work issued for the last phase. |
32 | (8) "Part 2 application" means the Historic Preservation Certification Application Part 2- |
33 | Description of Rehabilitation. |
34 | (9) "Placed in service" means that substantial rehabilitation work has been completed |
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1 | which would allow for occupancy of the entire structure or some identifiable portion of the |
2 | structure, as established in the Part 2 application. |
3 | (10) "Principal residence" means the principal residence of the owner within the meaning |
4 | of section 121 of the Internal Revenue Code [26 U.S.C. 121]or any successor provision. |
5 | (11) "Qualified rehabilitation expenditures" means any amounts expended in the |
6 | rehabilitation of a certified historic structure properly capitalized to the building and either: |
7 | (i) Depreciable under the Internal Revenue Code, 26 U.S.C. § 1 et seq., or |
8 | (ii) Made with respect to property (other than the principal residence of the owner) held |
9 | for sale by the owner. Fees paid pursuant to this chapter are not qualified rehabilitation |
10 | expenditures. Notwithstanding the foregoing, except in the case of a nonprofit corporation, there |
11 | will be deducted from qualified rehabilitation expenditures for the purposes of calculating the tax |
12 | credit any funds made available to the person (including any entity specified in section 44-33.5- |
13 | 3(a)) incurring the qualified rehabilitation expenditures in the form of a direct grant from a |
14 | federal, state or local governmental entity or agency or instrumentality of government. |
15 | (12) "Registered historic district" means any district listed in the national register of |
16 | historic places or the state register of historic places. |
17 | (13) "Remain idle" means that substantial work has ceased at the subject project; work |
18 | crews have been reduced by more than twenty-five percent (25%) for reasons unrelated to |
19 | scheduled completion of work in accordance with the project schedule, reasonably unanticipated |
20 | physical conditions, or force majeure; or the project schedule that was originally submitted by the |
21 | taxpayer to the commission has been extended by more than twelve (12) months for reasons other |
22 | than reasonably unanticipated physical conditions or an event of force majeure (by way of |
23 | example, and not in limitation, any delays, work stoppage, or work force reduction caused by |
24 | issues with project funding, finances, disputes, or violation of laws shall be deemed to cause a |
25 | project to remain idle). |
26 | (14) "Scattered Site Development" means a development project for which the developer |
27 | seeks unified financing to rehabilitate dwelling units in two (2) or more buildings located in an |
28 | area that is defined by a neighborhood revitalization plan and is not more than one mile in |
29 | diameter. |
30 | (15) "Social club" means a corporation or other entity and/or its affiliate that offers its |
31 | facilities primarily to members for social or recreational purposes and the majority source of its |
32 | revenue is from funds and/or dues paid by its members and/or an entity defined as a social club |
33 | pursuant to the Internal Revenue Code section 501(c)(7). |
34 | (16) "Substantial rehabilitation" means, with respect to a certified historic structure, that |
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1 | the qualified rehabilitation expenses of the building during the twenty-four (24) month period |
2 | selected by the taxpayer ending with or within the taxable year exceed the adjusted basis in such |
3 | building and its structural components as of the beginning of such period. In the case of any |
4 | rehabilitation, which may reasonably be expected to be completed in phases set forth in |
5 | architectural plans and specifications completed before the rehabilitation begins, the above |
6 | definition shall be applied by substituting "sixty (60) month period" for "twenty-four (24) month |
7 | period". |
8 | (17) "Trade or business" means an activity that is carried on for the production of income |
9 | from the sale or manufacture of goods or performance of services, excluding residential rental |
10 | activity. |
11 | 44-33.6-3. Tax credit. -- (a) Subject to the maximum credit provisions set forth in |
12 | subsections (c) and (d) below, any person, firm, partnership, trust, estate, limited liability |
13 | company, corporation (whether for profit or nonprofit) or other business entity that incurs |
14 | qualified rehabilitation expenditures for the substantial rehabilitation of a certified historic |
15 | structure, provided the rehabilitation meets standards consistent with the standards of the |
16 | Secretary of the United States Department of the Interior for rehabilitation as certified by the |
17 | commission and said person, firm, partnership, trust, estate, limited liability company, |
18 | corporation or other business entity is not a social club as defined in subdivision 44-33.6-2(13) of |
19 | this chapter, shall be entitled to a credit against the taxes imposed on such person or entity |
20 | pursuant to chapter 11, 12, 13, 14, 17 or 30 of this title in an amount equal to the following: |
21 | (1) Twenty percent (20%) of the qualified rehabilitation expenditures; or |
22 | (2) Twenty-five percent (25%) of the qualified rehabilitation expenditures provided that |
23 | either: |
24 | (i) At least twenty-five percent (25%) of the total rentable area of the certified historic |
25 | structure will be made available for a trade or business; or |
26 | (ii) The entire rentable area located on the first floor of the certified historic structure |
27 | will be made available for a trade or business. |
28 | (b) Tax credits allowed pursuant to this chapter shall be allowed for the taxable year in |
29 | which such certified historic structure or an identifiable portion of the structure is placed in |
30 | service provided that the substantial rehabilitation test is met for such year. |
31 | (c) Maximum project credit. - The credit allowed pursuant to this chapter shall not |
32 | exceed five million dollars ($5,000,000) for any certified rehabilitation project under this chapter. |
33 | No building to be completed in phases or in multiple projects shall exceed the maximum project |
34 | credit of five million dollars ($5,000,000) for all phases or projects involved in the rehabilitation |
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1 | of such building. |
2 | (d) Maximum aggregate credits. - The aggregate credits authorized to be reserved |
3 | pursuant to this chapter shall not exceed sums estimated to be available in the historic |
4 | preservation tax credit trust fund pursuant to this chapter. |
5 | (e) Subject to the exception provided in subsection (g) of this section, if the amount of |
6 | the tax credit exceeds the taxpayer's total tax liability for the year in which the substantially |
7 | rehabilitated property is placed in service, the amount that exceeds the taxpayer's tax liability may |
8 | be carried forward for credit against the taxes imposed for the succeeding ten (10) years, or until |
9 | the full credit is used, whichever occurs first for the tax credits. Credits allowed to a partnership, a |
10 | limited liability company taxed as a partnership or multiple owners of property shall be passed |
11 | through to the persons designated as partners, members or owners respectively pro rata or |
12 | pursuant to an executed agreement among such persons designated as partners, members or |
13 | owners documenting an alternate distribution method without regard to their sharing of other tax |
14 | or economic attributes of such entity. Credits may be allocated to partners, members or owners |
15 | that are exempt from taxation under section 501(c)(3), section (c)(4) or section 501(c)(6) of the |
16 | U.S. Code and these partners, members or owners must be treated as taxpayers for purposes of |
17 | this section. |
18 | (f) If the taxpayer has not claimed the tax credits in whole or part, taxpayers eligible for |
19 | the tax credits may assign, transfer or convey the credits, in whole or in part, by sale or otherwise |
20 | to any individual or entity, including, but not limited to, condominium owners in the event the |
21 | certified historic structure is converted into condominiums and assignees of the credits that have |
22 | not claimed the tax credits in whole or part may assign, transfer or convey the credits, in whole or |
23 | in part, by sale or otherwise to any individual or entity. The assignee of the tax credits may use |
24 | acquired credits to offset up to one hundred percent (100%) of the tax liabilities otherwise |
25 | imposed pursuant to chapter 11, 12, 13, (other than the tax imposed under § 44-13-13), 14, 17 or |
26 | 30 of this title. The assignee may apply the tax credit against taxes imposed on the assignee until |
27 | the end of the tenth calendar year after the year in which the substantially rehabilitated property is |
28 | placed in service or until the full credit assigned is used, whichever occurs first. Fiscal year |
29 | assignees may claim the credit until the expiration of the fiscal year that ends within the tenth |
30 | year after the year in which the substantially rehabilitated property is placed in service. The |
31 | assignor shall perfect the transfer by notifying the state of Rhode Island division of taxation, in |
32 | writing, within thirty (30) calendar days following the effective date of the transfer and shall |
33 | provide any information as may be required by the division of taxation to administer and carry |
34 | out the provisions of this section. |
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1 | For purposes of this chapter, any assignment or sales proceeds received by the taxpayer |
2 | for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from |
3 | this title. If a tax credit is subsequently recaptured under this chapter, revoked or adjusted, the |
4 | seller's tax calculation for the year of revocation, recapture, or adjustment shall be increased by |
5 | the total amount of the sales proceeds, without proration, as a modification under chapter 30 of |
6 | this title. In the event that the seller is not a natural person, the seller's tax calculation under |
7 | chapters 11, 12, 13 (other than with respect to the tax imposed under § 44-13-13), 14, 17, or 30 of |
8 | this title, as applicable, for the year of revocation, recapture, or adjustment, shall be increased by |
9 | including the total amount of the sales proceeds without proration. |
10 | (g) Credits allowed to partners, members or owners that are exempt from taxation under |
11 | section 501(c)(3), section (c)(4) or section 501(c)(6) of the U.S. Code, and only said credits, shall |
12 | be fully refundable. |
13 | (h) Substantial rehabilitation of property that either: |
14 | (1) Is exempt from real property tax; |
15 | (2) Is a social club; or |
16 | (3) Consists of a single family home or a property that contains less than three (3) |
17 | residential apartments or condominiums shall be ineligible for the tax credits authorized under |
18 | this chapter; provided, however, a scattered site development with five (5) or more residential |
19 | units in the aggregate (which may include single family homes) shall be eligible for tax credit. In |
20 | the event a certified historic structure undergoes a substantial rehabilitation pursuant to this |
21 | chapter and within twenty-four (24) months after issuance of a certificate of completed work the |
22 | property becomes exempt from real property tax, the taxpayer's tax for the year shall be increased |
23 | by the total amount of credit actually used against the tax. |
24 | (i) In the case of a corporation, this credit is only allowed against the tax of a corporation |
25 | included in a consolidated return that qualifies for the credit and not against the tax of other |
26 | corporations that may join in the filing of a consolidated tax return. |
27 | 44-33.6-4. Administration. -- (a) To claim the tax credit authorized in this chapter, |
28 | taxpayers shall apply: |
29 | (1) To the commission prior to the certified historic structure being placed in service for |
30 | a certification that the certified historic structure's rehabilitation will be consistent with the |
31 | standards of the Secretary of the United States Department of the Interior for rehabilitation; |
32 | (2) To the commission after completion of the rehabilitation work of the certified historic |
33 | structure for a certification that the rehabilitation is consistent with the standards of the Secretary |
34 | of the United States Department of the Interior for rehabilitation; and |
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1 | (3) To the division of taxation after completion of the rehabilitation work of the certified |
2 | historic structure for a certification as to the amount of tax credit for which the rehabilitation |
3 | qualifies. The commission and the division of taxation may rely on the facts represented in the |
4 | application without independent investigation and, with respect to the amount of tax credit for |
5 | which the rehabilitation qualifies, upon the certification of a certified public accountant licensed |
6 | in the state of Rhode Island. The applications shall be developed by the commission and the |
7 | division of taxation and may be amended from time to time. |
8 | (b) Within thirty (30) days after the commission's and division of taxation's receipt of the |
9 | taxpayer's application requesting certification for the completed rehabilitation work: |
10 | (1) The commission shall issue the taxpayer a written determination either denying or |
11 | certifying the rehabilitation; and |
12 | (2) Division of taxation shall issue a certification of the amount of credit for which the |
13 | rehabilitation qualifies. To claim the tax credit, the division of taxation's certification as to the |
14 | amount of the tax credit shall be attached to all state tax returns on which the credit is claimed. |
15 | (c) No taxpayer may benefit from the provisions of this chapter unless the owner of the |
16 | certified historic structure grants a restrictive covenant to the commission, agreeing that during |
17 | the holding period no material alterations to the certified historic structure will be made without |
18 | the commission's prior approval and agreeing that such shall be done in a manner consistent with |
19 | the standards of the Secretary of the United States Department of the Interior; and, in the event |
20 | the owner applies for the twenty-five percent (25%) tax credit, that either: |
21 | (1) At least twenty-five percent (25%) of the total rentable area of the certified historic |
22 | structure will be made available for a trade or business; or |
23 | (2) The entire rentable area located on the first floor of the certified historic structure will |
24 | be made available for a trade or business, in either case, for a period of sixty (60) months after the |
25 | placed in service date of the certified historic structure or identifiable portion thereof. |
26 | (d) The division of taxation shall charge a fee equal to three percent (3%) of qualified |
27 | rehabilitation expenditures. The fee shall be payable upon submission of the Part 2 application. |
28 | The fee shall be non-refundable. |
29 | (e) Notwithstanding any provisions of the general laws or regulations adopted thereunder |
30 | to the contrary, including, but not limited to, the provisions of chapter 2 of title 37, the division of |
31 | taxation is hereby expressly authorized and empowered to enter into contracts with persons, |
32 | firms, partnerships, trusts, estates, limited liability companies, corporations (whether for profit or |
33 | nonprofit) or other business entities that incur qualified rehabilitation expenditures for the |
34 | substantial rehabilitation of certified historic structures or some identifiable portion of a structure. |
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1 | Upon payment of the portion of the fee set forth in subdivision (d) above, the division of taxation |
2 | and the applicant shall enter into a contract for tax credits consistent with the terms and |
3 | provisions of this chapter. |
4 | (f) Upon satisfaction of the requirements set forth herein and the payment of the fees as |
5 | set forth in subdivision (d) above, the division of taxation shall, on behalf of the State of Rhode |
6 | Island, guarantee the delivery of one hundred percent (100%) of the tax credit and use of one |
7 | hundred percent (100%) of the tax credit in the tax year a certified historic structure is placed in |
8 | service through a contract with persons, firms, partnerships, trusts, estates, limited liability |
9 | companies, corporations (whether for profit or nonprofit) or other business entities that will incur |
10 | qualified rehabilitation expenditures for the substantial rehabilitation of a certified historic |
11 | structure or some identifiable portion of a structure. |
12 | (g) Any contract executed pursuant to this chapter by a person, firm, partnership, trust, |
13 | estate, limited liability company, corporation (whether for profit or nonprofit) or other business |
14 | entity shall be assignable to: |
15 | (1) An affiliate thereof without any consent from the division of taxation; |
16 | (2) A banking institution as defined by subdivision 44-14-2(2) or credit union as defined |
17 | in subdivision 44-15-1.1(1) without any consent from the division of taxation; or |
18 | (3) A person, firm, partnership, trust, estate, limited liability company, corporation |
19 | (whether for profit or nonprofit) or other business entity that incurs qualified rehabilitation |
20 | expenditures for the substantial rehabilitation of certified historic structures or some identifiable |
21 | portion of a structure, with such assignment to be approved by the division of taxation, which |
22 | approval shall not be unreasonably withheld or conditioned. For purposes of this subsection, |
23 | "affiliate" shall be defined as any entity controlling, controlled by or under common control with |
24 | such person, firm, partnership, trust, estate, limited liability company, corporation (whether for |
25 | profit or nonprofit) or other business entity. |
26 | (h) If information comes to the attention of the commission or division of taxation at any |
27 | time up to and including the last day of the holding period that is materially inconsistent with |
28 | representations made in an application, the commission may deny the requested certification or |
29 | revoke a certification previously given, and in either instance all fees paid by the applicant shall |
30 | be deemed forfeited. In the event that tax credits or a portion of tax credits are subject to |
31 | recapture for ineligible costs and such tax credits have been transferred, assigned and/or |
32 | allocated, the state will pursue its recapture remedies and rights against the applicant of the tax |
33 | credits, and all fees paid by the applicant shall be deemed forfeited. No redress shall be sought |
34 | against assignees, transferees or allocates of such credits provided they acquired the tax credits by |
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1 | way of an arms-length transaction, for value, and without notice of violation, fraud or |
2 | misrepresentation. |
3 | (i) The commission, in consultation with the division of taxation, shall promulgate such |
4 | rules and regulations as are necessary to carry out the intent and purpose of this chapter. |
5 | 44-33.6-5. Information requests. -- The tax division and its agents, for the purpose of |
6 | ascertaining the correctness of any credit claimed under the provisions of this chapter, may |
7 | examine any books, papers, records, or memoranda bearing upon the matters required to be |
8 | included in the return, report, or other statement, and may require the attendance of the person |
9 | executing the return, report, or other statement, or of any officer or employee of any taxpayer, or |
10 | the attendance of any other person, and may examine the person under oath respecting any matter |
11 | which the tax administrator or his or her agent deems pertinent or material in determining the |
12 | eligibility for credits claimed and may request information from the commission, and the |
13 | commission shall provide the information in all cases, to the extent not otherwise prohibited by |
14 | statute. |
15 | 44-33.6-6. Election; Limitations. -- Taxpayers who elect and qualify to claim tax credits |
16 | for the substantial rehabilitation of a certified historic structure pursuant to this chapter are |
17 | ineligible for any tax credits that may also be available to the taxpayer for the substantial |
18 | rehabilitation of that particular certified historic structure under the provisions of chapters 33.1 of |
19 | this title, 64.7 of title 42, and/or 31 of this title. Neither taxpayers nor assignees may apply any |
20 | tax credits issued in accordance with this section until fiscal year 2014. |
21 | 44-33.6-7. Timing and reapplication. -- Taxpayers shall have twelve (12) months from |
22 | the approval of Part 2 application to commence substantial construction activities related to the |
23 | subject substantial rehabilitation. Upon commencing substantial construction activities, the |
24 | taxpayer shall submit an affidavit of commencement of substantial construction to the |
25 | commission, together with evidence of such requirements having been satisfied. Furthermore, |
26 | after commencement of substantial construction activities, no project shall remain idle prior to |
27 | completion for a period of time exceeding six (6) months. In the event that a taxpayer does not |
28 | commence substantial construction activities within twelve (12) months from the approval of Part |
29 | 2 application, or in the event that a project remains idle prior to completion for a period of time |
30 | exceeding six (6) months, the subject taxpayer shall forfeit all fees paid prior to such date and its |
31 | then-current contract for tax credits shall be deemed null and void, and shall terminate without |
32 | need for further action or documentation. Upon any such forfeiture and termination, a taxpayer |
33 | may re-apply for tax credits pursuant to this chapter, however, notwithstanding anything |
34 | contained herein to the contrary, one hundred percent (100%) of the fees required shall be paid |
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1 | upon reapplication and such fees shall be non-refundable. Additionally, any taxpayer reapplying |
2 | for tax credits pursuant to this § 44-33.6-7 shall be required to submit evidence with its |
3 | application establishing the reason for delay in commencement or the project sitting idle, as the |
4 | case may be, and provide evidence, reasonably satisfactory to the commission, that such |
5 | condition or event causing same has been resolved. All taxpayers shall submit a reasonably |
6 | detailed project timeline to the commission together with the Part 2 application. The provisions of |
7 | this section shall be further detailed and incorporated into the form of contract for tax credits used |
8 | in connection with this chapter. |
9 | 44-33.6-8. Historic tax credit apprenticeship requirements. -- (a) Notwithstanding any |
10 | laws to the contrary, any credit allowed under this chapter for hard construction costs valued at |
11 | ten million dollars ($10,000,000) or more shall include a requirement that any contractor and |
12 | subcontractor working on the project shall have an apprenticeship program as defined herein for |
13 | all apprenticeable crafts that will be employed on the project at the time of bid. The provisions of |
14 | the section shall only apply to contractors and subcontractors with five (5) or more employees. |
15 | For purposes of this section, an apprenticeship program is one that is registered with and |
16 | approved by the United States department of labor in conformance with 29 C.F.R. 29 and 29 |
17 | C.F.R. 30; and |
18 | (b) The department of labor and training must provide information and technical |
19 | assistance to affected governmental, quasi-governmental agencies, and any contractors awarded |
20 | projects relative to their obligations under this statute. |
21 | (c) The department of labor and training may also impose a penalty of up to five hundred |
22 | dollars ($500) for each calendar day of noncompliance with this section, as determined by the |
23 | director of labor and training. Mere errors and/or omissions shall not be grounds for imposing a |
24 | penalty under this subsection. |
25 | (d) Any penalties assessed under this statute shall be paid to the general fund. |
26 | (e) To the extent that any of the provisions contained in § 37-13-3.2 conflict with the |
27 | requirements for federal aid contracts, federal law and regulations shall control. |
28 | 44-33.6-9. Reporting requirements. -- (a) Each taxpayer requesting certification of a |
29 | completed rehabilitation shall report to the commission and the division of taxation the following |
30 | information: |
31 | (1) The number of total jobs created; |
32 | (2) The number of Rhode Island businesses retained for work; |
33 | (3) The total amount of qualified rehabilitation expenditures; |
34 | (4) The total cost of materials or products purchased from Rhode Island businesses; |
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1 | (5) Such other information deemed necessary by the tax administrator. |
2 | (b) Any agreements or contracts entered into under this chapter by the division, the |
3 | commission, or the economic development corporation and the taxpayer shall be sent to the |
4 | division of taxation and be available to the public for inspection by any person and shall be |
5 | published by the tax administrator on the tax division website. |
6 | (c) By August 15th of each year the division of taxation shall report the name, address, |
7 | and amount of tax credit received for each credit recipient during the previous state fiscal year to |
8 | the governor, the chairpersons of the house and senate finance committees, the house and senate |
9 | fiscal advisors, and the department of labor and training. This report shall be available to the |
10 | public for inspection by any person and shall be published by the tax administrator on the tax |
11 | division website. |
12 | (d) By September 1st of each year the division of taxation shall report in the aggregate |
13 | the information required under subsection 44-33.6-9(a). This report shall be available to the |
14 | public for inspection by any person and shall be published by the tax administrator on the tax |
15 | division website. |
16 | (e) By September 1, 2018 and biennially thereafter the division of taxation shall report in |
17 | the aggregate the total number of approved projects, project costs, and associated amount of |
18 | approved tax credits. |
19 | 44-33.6-10. Historic preservation tax credit trust fund. -- All processing fees collected |
20 | pursuant to this chapter after July 1, 2013 shall be deposited in a historic preservation tax credit |
21 | restricted receipt account within the historic preservation tax credit trust fund, which shall be |
22 | used, to the extent resources are available, to refund or reimburse the state for any credits certified |
23 | by the division of taxation. |
24 | 44-33.6-11. Sunset. -- No credits shall be authorized to be reserved pursuant to this |
25 | chapter on or after June 30, 2016 or upon the exhaustion of the maximum aggregate credits, |
26 | whichever comes first. |
27 | SECTION 2. Title 44 of the General Laws entitled "TAXATION" is hereby amended by |
28 | adding thereto the following chapter: |
29 | CHAPTER 33.7 |
30 | HISTORIC PRESERVATION TAX CREDITS ACT OF 2015 |
31 | 44-33.7-1. Declaration of purpose. -- The general assembly finds and declares that |
32 | Rhode Island's historic structures continue to experience high vacancy rates and physical |
33 | deterioration, particularly in Rhode Island's central business districts. Without adding economic |
34 | incentive, these structures are not viable for the redevelopment and reuse by modern commercial, |
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1 | residential, or manufacturing enterprises, and will continue their physical deterioration. The |
2 | redevelopment and reuse of these historic structures are of critical importance to the economic |
3 | measures and will assist in stimulating the reuse and redevelopment of historic structures and will |
4 | improve property values, foster civic beauty, create employment opportunities, enhance |
5 | commerce, and promote public education, pleasure, and welfare. Furthermore, during this |
6 | unprecedented economic climate, many in the building and construction trades, and related |
7 | service industries, have been severely impacted. The redevelopment and reuse of these historic |
8 | structures will serve as a vital catalyst in the recovery of these trades and services, in addition to |
9 | stimulating various other related economic benefits and business activities. The purpose of this |
10 | chapter is to create economic incentives for the purpose of stimulating the redevelopment and |
11 | reuse of Rhode Island's historic structures, as well as to generate the positive economic and |
12 | employment activities that will result from such redevelopment and reuse. |
13 | 44-33.7-2. Definitions. – As used in this chapter: |
14 | (1) "Certified historic structure" means a property which is located in the state of Rhode |
15 | Island and is: |
16 | (i) Listed individually on the national register of historic places; or |
17 | (ii) Listed individually in the state register of historic places; or |
18 | (iii) Located in a registered historic district and certified by either the commission or |
19 | Secretary of the United States Department of the Interior as being of historic significance to the |
20 | district. |
21 | (2) "Certified rehabilitation" means any rehabilitation of a certified historic structure |
22 | consistent with the historic character of such property or the district in which the property is |
23 | located as determined by the commission guidelines. |
24 | (3) "Commence substantial construction activities" means that: |
25 | (i) Contracts for construction activities equal to no less than ten percent (10%) of the total |
26 | project budget have been awarded to bona fide third-party contractors, subcontractors, and/or |
27 | material men (soft costs shall not qualify for the purposes of this requirement) with such work |
28 | having been authorized for commencement; |
29 | (ii) All permits and approvals required in connection with the construction activities |
30 | provided for in the contracts awarded pursuant to subsection (c)(i) of this section have been |
31 | obtained; and |
32 | (iii) Substantial construction activities have commenced at the subject property beyond |
33 | mere site preparation activities, staging and/or storage or materials. |
34 | (4) "Commission" means the Rhode Island historical preservation and heritage |
| LC002124 - Page 12 of 24 |
1 | commission created pursuant to § 42-45-2. |
2 | (5) "Exempt from real property tax" means, with respect to any certified historic |
3 | structure, that the structure is exempt from taxation pursuant to § 44-3-3. |
4 | (6) "Holding period" means twenty-four (24) months after the commission issues a |
5 | certificate of completed work to the owner. In the case of a rehabilitation which may reasonably |
6 | be expected to be completed in phases as described in subsection (14) of this section, "holding |
7 | period" shall be extended to include a period of time beginning on the date of issuance of a |
8 | certificate of completed work for the first phase or phases for which a certificate of completed |
9 | work is issued and continuing until the expiration of twenty-four (24) months after the certificate |
10 | of completed work issued for the last phase. |
11 | (7) "Placed in service" means that substantial rehabilitation work has been completed |
12 | which would allow for occupancy of the entire structure or some identifiable portion of the |
13 | structure, or the owner has commenced depreciation of the qualified rehabilitation expenditures, |
14 | whichever occurs first. |
15 | (8) "Principal residence" means the principal residence of the owner within the meaning |
16 | of § 121 of the Internal Revenue Code [26 U.S.C. 121] or any successor provision. |
17 | (9) "Qualified rehabilitation expenditures" or "QREs" means any amounts expended in |
18 | the rehabilitation of a certified historic structure properly capitalized to the building and either: |
19 | (i) Depreciable under the Internal Revenue Code, 26 U.S.C. § 1 et seq., or |
20 | (ii) Made with respect to property (other than the principal residence of the owner) held |
21 | for sale by the owner. Fees paid pursuant to this chapter are not qualified rehabilitation |
22 | expenditures. Notwithstanding the foregoing, except in the case of a nonprofit corporation, there |
23 | will be deducted from qualified rehabilitation expenditures for the purposes of calculating the tax |
24 | credit any funds made available to the person (including any entity specified in § 44-33.6-3(a)) |
25 | incurring the qualified rehabilitation expenditures in the form of a direct grant from a federal, |
26 | state or local governmental entity or agency or instrumentality of government. |
27 | (10) "Registered historic district" means any district listed in the national register of |
28 | historic places, or the state register of historic places. |
29 | (11) "Remain idle" means that work crews have been reduced by more than twenty-five |
30 | percent (25%) for reasons unrelated to scheduled completion of work in accordance with the |
31 | project schedule, reasonably unanticipated physical conditions, or force majeure; or the project |
32 | schedule that was originally submitted by the taxpayer to the commission has been extended by |
33 | more than twelve (12) months for reasons other than reasonably unanticipated physical conditions |
34 | or an event of force majeure (by way of example, and not in limitation, any delays, work |
| LC002124 - Page 13 of 24 |
1 | stoppage, or work force reduction caused by issues with project funding, finances, disputes, or |
2 | violation of laws shall be deemed to cause a project to remain idle). |
3 | (12) "Scattered site development" means a development project for which the developer |
4 | seeks unified financing to rehabilitate dwelling units in two (2) or more buildings located in an |
5 | area that is defined by a neighborhood revitalization plan and is not more than one mile in |
6 | diameter. |
7 | (13) "Social club" means a corporation or other entity and/or its affiliate that offers its |
8 | facilities primarily to members for social or recreational purposes and the majority source of its |
9 | revenue is from funds and/or dues paid by its members and/or an entity defined as a social club |
10 | pursuant to the Internal Revenue Code section 501(c)(7). |
11 | (14) "Substantial rehabilitation" means, with respect to a certified historic structure, that |
12 | the qualified rehabilitation expenses of the building during the twenty-four (24) month period |
13 | selected by the taxpayer ending with or within the taxable year exceed fifty percent (50%) of the |
14 | adjusted basis in such building and its structural components as of the beginning of such period. |
15 | In the case of any rehabilitation, which may reasonably be expected to be completed in phases set |
16 | forth in architectural plans and specifications completed before the rehabilitation begins, the |
17 | above definition shall be applied by substituting "sixty (60) month period" for "twenty-four (24) |
18 | month period". |
19 | (15) "Trade or business" means an activity that is carried on for the production of income |
20 | from the sale of goods or performance of services, excluding residential rental activity. |
21 | 44-33.7-3. Tax credit. -- (a) Any person, firm, partnership, trust, estate, limited liability |
22 | company, corporation (whether for profit or nonprofit) or other business entity that incurs |
23 | qualified rehabilitation expenditures for the substantial rehabilitation of a certified historic |
24 | structure, provided the rehabilitation meets standards consistent with the standards of the |
25 | Secretary of the United States Department of the Interior for rehabilitation as certified by the |
26 | commission and said person, firm, partnership, trust, estate, limited liability company, |
27 | corporation or other business entity is not a social club as defined in § 44-33.7-2(13) of this |
28 | chapter, shall be entitled to a credit against the taxes imposed on such person or entity pursuant to |
29 | chapters 11, 12, 13 (other than the tax imposed under § 44-13-13), 14, 17 or 30 of this title in an |
30 | amount equal to the following: |
31 | (1) Twenty percent (20%) of the qualified rehabilitation expenditures; or |
32 | (2) Twenty-five percent (25%) of the qualified rehabilitation expenditures provided that |
33 | either: |
34 | (i) At least twenty-five percent (25%) of the total rentable area of the certified historic |
| LC002124 - Page 14 of 24 |
1 | structure will be made available for a trade or business; or |
2 | (ii) The entire rentable area located on the first floor of the certified historic structure will |
3 | be made available for a trade or business; in either case for a period of sixty (60) months after the |
4 | placed in service date of the certified historic structure or identifiable portion thereof. |
5 | (b) Tax credits allowed pursuant to this chapter shall be allowed for the taxable year in |
6 | which such certified historic structure or an identifiable portion of the structure is placed in |
7 | service provided that the substantial rehabilitation test is met for such year. Notwithstanding |
8 | anything to the contrary, tax credits allowed pursuant to this chapter for fiscal years prior to 2015 |
9 | may not be claimed until the taxpayer's tax year ending within fiscal year 2015. |
10 | (c) If the amount of the tax credit exceeds the taxpayer's total tax liability for the year in |
11 | which the substantially rehabilitated property is placed in service, the amount that exceeds the |
12 | taxpayer's tax liability may be carried forward for credit against the taxes imposed for the |
13 | succeeding ten (10) years, or until the full credit is used, whichever occurs first for the tax credits. |
14 | Credits allowed to a partnership, a limited liability company taxed as a partnership or multiple |
15 | owners of property shall be passed through to the persons designated as partners, members or |
16 | owners respectively pro rata or pursuant to an executed agreement among such persons |
17 | designated as partners, members or owners documenting an alternate distribution method without |
18 | regard to their sharing of other tax or economic attributes of such entity. |
19 | (d) If the taxpayer has not claimed the tax credits in whole or part, taxpayers eligible for |
20 | the tax credits may assign, transfer or convey the credits, in whole or in part, by sale or otherwise |
21 | to any individual or entity, including, but not limited to, condominium owners in the event the |
22 | certified historic structure is converted into condominiums and assignees of the credits that have |
23 | not claimed the tax credits in whole or part may assign, transfer or convey the credits, in whole or |
24 | in part, by sale or otherwise to any individual or entity. The assignee of the tax credits may use |
25 | acquired credits to offset up to one hundred percent (100%) of the tax liabilities otherwise |
26 | imposed pursuant to chapters 11, 12, 13, (other than the tax imposed under § 44-13-13), 14, 17 or |
27 | 30 of this title. The assignee may apply the tax credit against taxes imposed on the assignee until |
28 | the end of the tenth calendar year after the year in which the substantially rehabilitated property is |
29 | placed in service or until the full credit assigned is used, whichever occurs first. Fiscal year |
30 | assignees may claim the credit until the expiration of the fiscal year that ends within the tenth |
31 | year after the year in which the substantially rehabilitated property is placed in service. The |
32 | assignor shall perfect the transfer by notifying the division of taxation, in writing, within thirty |
33 | (30) calendar days following the effective date of the transfer and shall provide any information |
34 | as may be required by the division of taxation to administer and carry out the provisions of this |
| LC002124 - Page 15 of 24 |
1 | section. The general treasurer shall be empowered to promulgate rules and regulations to create |
2 | an open, transparent and electronic marketplace for the purchase and sale of tax credits. |
3 | For the purposes of this chapter, any assignment or sales proceeds received by the |
4 | taxpayer for its assignment or sale of the tax credits allowed pursuant to this section shall be |
5 | exempt from this title. If a tax credit is subsequently recaptured under subsection (e) of this |
6 | section, revoked or adjusted, the seller's tax calculation for the year of revocation, recapture, or |
7 | adjustment shall be increased by the total amount of the sales proceeds, without proration, as a |
8 | modification under chapter 30 of this title. In the event that the seller is not a natural person, the |
9 | seller's tax calculation under chapters 11, 12, 13 (other than with respect to the tax imposed under |
10 | § 44-13-13), 14, 17, or 30 of this title, as applicable, for the year of revocation, recapture, or |
11 | adjustment, shall be increased by including the total amount of the sales proceeds without |
12 | proration. |
13 | (e) Substantial rehabilitation of property that either: |
14 | (1) Is exempt from real property tax; |
15 | (2) Is a social club; or |
16 | (3) Consists of a single family home or a property that contains less than three (3) |
17 | residential apartments or condominiums shall be ineligible for the tax credits authorized under |
18 | this chapter; provided, however, a scattered site development with five (5) or more residential |
19 | units in the aggregate (which may include single family homes) shall be eligible for tax credit. In |
20 | the event a certified historic structure undergoes a substantial rehabilitation pursuant to this |
21 | chapter and within twenty-four (24) months after issuance of a certificate of completed work the |
22 | property becomes exempt from real property tax, the taxpayer's tax for the year shall be increased |
23 | by the total amount of credit actually used against the tax. |
24 | (f) In the case of a corporation, this credit is only allowed against the tax of a corporation |
25 | included in a consolidated return that qualifies for the credit and not against the tax of other |
26 | corporations that may join in the filing of a consolidated tax return. |
27 | 44-33.7-4. Administration. -- (a) To claim the tax credit authorized in this chapter, |
28 | taxpayers shall apply: |
29 | (1) To the commission prior to the certified historic structure being placed in service for a |
30 | certification that the certified historic structure's rehabilitation will be consistent with the |
31 | standards of the Secretary of the United States Department of the Interior for rehabilitation; |
32 | (2) To the commission after completion of the rehabilitation work of the certified historic |
33 | structure for a certification that the rehabilitation is consistent with the standards of the Secretary |
34 | of the United States Department of the Interior for rehabilitation; and |
| LC002124 - Page 16 of 24 |
1 | (3) To the division of taxation for a certification as to the amount of tax credit for which |
2 | the rehabilitation qualifies. The commission and the division of taxation shall rely on the facts |
3 | represented in the application without independent investigation and, with respect to the amount |
4 | of tax credit for which the rehabilitation qualifies, upon the certification of a certified public |
5 | accountant licensed in the state. The application shall be developed by the commission and the |
6 | division of taxation and may be amended from time to time. |
7 | (b) Included in the taxpayer's application requesting certification of the tax credit for |
8 | which the rehabilitation qualified for to the division of taxation shall be the name, state of |
9 | residence, occupation, number of hours worked, and actual wages and fringe benefits paid to each |
10 | worker employed by the taxpayer and/or any of its contractors or subcontractors that completed |
11 | work on the qualified rehabilitation expenditures. This submission shall also include any |
12 | certifications required by § 44-33.7-8. |
13 | (1) By submitting this information, which shall be a public record, the taxpayer is |
14 | certifying that, to the best of taxpayer's actual knowledge, the information provided to the |
15 | division of taxation is accurate. |
16 | (2) No taxpayer and/or applicant shall receive a certification of tax credit under the |
17 | provisions of this chapter unless the division of taxation verifies that it has received all of the |
18 | required information under this subsection. |
19 | (3) The taxpayer shall pay a fine of five hundred dollars ($500) to the general fund for |
20 | each individual submission of any false or materially inaccurate information to the division of |
21 | taxation under this subsection; provided however, that the taxpayer shall not be fined for any |
22 | information submitted that the division of taxation determines is a diminimus clerical error or was |
23 | otherwise an unintentional mistake (provided that the taxpayer cooperate with the division of |
24 | taxation to correct such information promptly upon being provided notice of such mistake). |
25 | (4) Any taxpayer found to have willfully made a false or fraudulent representation on |
26 | under this subsection shall be referred to the office of the attorney general. The willful false or |
27 | fraudulent representation shall be considered a misdemeanor and shall be punishable for a period |
28 | of not more than one year in prison and/or a fine of up to one thousand dollars ($1,000) per |
29 | instance. This shall not apply to a taxpayer when: (i) A taxpayer's contractor or subcontractor has |
30 | willfully made a false or fraudulent representation or otherwise provided the taxpayer or the |
31 | division of taxation with false information; and (ii) The taxpayer did not have actual knowledge |
32 | that such representation or information was false and/or fraudulent. Furthermore, notwithstanding |
33 | the provisions above, no redress shall be sought against assignees, transferees or allocates of such |
34 | credits provided they acquired the tax credits by way of an arms-length transaction, for value, and |
| LC002124 - Page 17 of 24 |
1 | without actual notice from the commission or division of taxation of violation, fraud or willful |
2 | misrepresentation. |
3 | (c) Within thirty (30) days after the commission's and division of taxation's receipt of the |
4 | taxpayer's application requesting certification for the completed rehabilitation work: |
5 | (1) The commission shall issue the taxpayer a written determination either denying or |
6 | certifying the rehabilitation; and |
7 | (2) The division of taxation shall issue a certification of the amount of credit for which |
8 | the rehabilitation qualifies. To claim the tax credit, the division of taxation's certification as to the |
9 | amount of the tax credit shall be attached to all state tax returns on which the credit is claimed. |
10 | (d) No taxpayer may benefit from the provisions of this chapter unless the owner of the |
11 | certified historic structure grants a restrictive covenant to the commission, agreeing that during |
12 | the holding period no material alterations to the certified historic structure will be made without |
13 | the commission's prior approval and agreeing that such shall be done in a manner inconsistent |
14 | with the standards of the Secretary of the United States Department of the Interior; and, in the |
15 | event the owner applies for the twenty-five percent (25%) tax credit, that either: |
16 | (1) At least twenty-five percent (25%) of the total rentable area of the certified historic |
17 | structure will be made available for a trade or business; or |
18 | (2) The entire rentable area located on the first floor of the certified historic structure will |
19 | be made available for a trade or business, in either case, for a period of sixty (60) months after the |
20 | placed in service date of the certified historic structure or identifiable portion thereof. |
21 | (e) The division of taxation shall charge a fee not to exceed two thousand dollars ($2,000) |
22 | which shall be paid upon the signing of the tax contract with the division of taxation. This fee |
23 | shall be nonrefundable. |
24 | (f) The aggregate value of all tax credits approved by the commission pursuant to this |
25 | chapter for projects that file applications prior to the sunset provisions contained in § 44-33-7.9 |
26 | shall not exceed two hundred fifty million dollars ($250,000,000). |
27 | (g) Notwithstanding any provisions of the general laws or regulations adopted thereunder |
28 | to the contrary, including, but not limited to, the provisions of chapter 2 of title 37, the division of |
29 | taxation is hereby expressly authorized and empowered to enter into contracts with persons, |
30 | firms, partnerships, trusts, estates, limited liability companies, corporations (whether for profit or |
31 | nonprofit) or other business entities that incur qualified rehabilitation expenditures for the |
32 | substantial rehabilitation of certified historic structures or some identifiable portion of a structure. |
33 | Upon payment of the portion of the fee set forth in subsection (d)(1) above, the division of |
34 | taxation and the applicant shall enter into a contract for tax credits consistent with the terms and |
| LC002124 - Page 18 of 24 |
1 | provisions of this chapter. |
2 | (h) Upon satisfaction of the requirements set forth herein and the payment of the fees as |
3 | set forth in subsection (e) above, the division of taxation shall, on behalf of the state, guarantee |
4 | through a contract with persons, firms, partnerships, trusts, estates, limited liability companies, |
5 | corporations (whether for profit or nonprofit) or other business entities that will incur qualified |
6 | rehabilitation expenditures for the substantial rehabilitation of a certified historic structure or |
7 | some identifiable portion of a structure the delivery and use of one hundred percent (100%) of the |
8 | tax credit in an amount equal to the lesser of: (i) The amount of the tax credit identified in such |
9 | contract; or (ii) The actual QREs incurred multiplied by the tax credit percentage applicable |
10 | pursuant to § 44-33.7-3(a). |
11 | (i) Any contract executed pursuant to this chapter by a person, firm, partnership, trust, |
12 | estate, limited liability company, corporation (whether for profit or nonprofit) or other business |
13 | entity shall be assignable to: |
14 | (1) An affiliate thereof without any consent from the division of taxation; |
15 | (2) A banking institution as defined by § 44-14-2(2) or credit union as defined in § 44-15- |
16 | 1.1(1) without any consent from the division of taxation; or |
17 | (3) A person, firm, partnership, trust, estate, limited liability company, corporation |
18 | (whether for profit or nonprofit) or other business entity that incurs qualified rehabilitation |
19 | expenditures for the substantial rehabilitation of certified historic structures or some identifiable |
20 | portion of a structure, with such assignment to be approved by the division of taxation, which |
21 | approval shall not be unreasonably withheld or conditioned. For purposes of this subsection, |
22 | "affiliate" shall be defined as any entity controlling, controlled by or under common control with |
23 | such person, firm, partnership, trust, estate, limited liability company, corporation (whether for |
24 | profit or nonprofit) or other business entity. |
25 | (j) If information comes to the attention of the commission or division of taxation at any |
26 | time up to and including the last day of the holding period that is materially inconsistent with |
27 | representations made in an application, the commission may deny the requested certification or |
28 | revoke a certification previously given, and in either instance all fees paid by the applicant shall |
29 | be deemed forfeited. In the event that tax credits or a portion of tax credits are subject to |
30 | recapture for ineligible costs and such tax credits have been transferred, assigned and/or |
31 | allocated, the state will pursue its recapture remedies and rights against the applicant of the tax |
32 | credits, and all fees paid by the applicant shall be deemed forfeited. No redress shall be sought |
33 | against assignees, transferees or allocates of such credits provided they acquired the tax credits by |
34 | way of an arms-length transaction, for value, and without notice by the commission or division of |
| LC002124 - Page 19 of 24 |
1 | taxation of violation, fraud or willful misrepresentation. |
2 | 44-33.7-5. Information requests. -- The tax division and its agents, for the purpose of |
3 | ascertaining the correctness of any credit claimed under the provisions of this chapter, may |
4 | examine any books, papers, records, or memoranda bearing upon the matters required to be |
5 | included in the return, report, or other statement, and may require the attendance of the person |
6 | executing the return, report, or other statement, or of any officer or employee of any taxpayer, or |
7 | the attendance of any other person, and may examine the person under oath respecting any matter |
8 | which the tax administrator or his or her agent deems pertinent or material in determining the |
9 | eligibility for credits claimed and may request information from the commission, and the |
10 | commission shall provide the information in all cases, to the extent not otherwise prohibited by |
11 | statute. |
12 | 44-33.7-6. Election; Limitations. -- Taxpayers who elect and qualify to claim tax credits |
13 | for the substantial rehabilitation of a certified historic structure pursuant to this chapter are |
14 | ineligible for any tax credits that may also be available to the taxpayer for the substantial |
15 | rehabilitation of that particular certified historic structure under the provisions of chapters 31 and |
16 | 33.1 of this title, or 64.7 of title 42. As stated above, neither taxpayers nor assignees may claim |
17 | any tax credits issued in accordance with this section until fiscal year 2015. Applicants or their |
18 | affiliates that have entered into a contract for tax credits concerning a certain property under |
19 | chapter 33.2 of title 44 and subsequently withdraw from or otherwise terminate said contract shall |
20 | not reapply under this chapter with respect to the same property; provided, however, the |
21 | foregoing shall not prohibit a subsequent bona fide third-party from terminating a contract for tax |
22 | credits entered into under chapter 33.2 of title 44 by an unrelated and unaffiliated party and |
23 | applying under this chapter with respect to said property. |
24 | 44-33.7-7. Timing and reapplication. -- Taxpayers shall have twelve (12) months from |
25 | the approval of Part II application to commence substantial construction activities related to the |
26 | subject substantial rehabilitation. Upon commencing substantial construction activities, the |
27 | taxpayer shall submit an affidavit of commencement of substantial construction to the |
28 | commission, together with evidence of such requirements having been satisfied. Furthermore, |
29 | after commencement of substantial construction activities, no project shall remain idle prior to |
30 | completion for a period of time exceeding six (6) months. In the event that a taxpayer does not |
31 | commence substantial construction activities within twelve (12) months from the approval of Part |
32 | II application, or in the event that a project remains idle prior to completion for a period of time |
33 | exceeding six (6) months, the subject taxpayer shall forfeit all fees paid prior to such date and its |
34 | then current contract for tax credits shall be deemed null and void, and shall terminate without |
| LC002124 - Page 20 of 24 |
1 | need for further action or documentation. Upon any such forfeiture and termination, a taxpayer |
2 | may reapply for tax credits pursuant to this chapter, however, notwithstanding anything contained |
3 | herein to the contrary, one hundred percent (100%) of the fees required shall be paid upon |
4 | reapplication and such fees shall be non-refundable. Additionally, any taxpayer reapplying for tax |
5 | credits pursuant to this section shall be required to submit evidence with its application |
6 | establishing the reason for delay in commencement or the project sitting idle, as the case may be, |
7 | and provide evidence, reasonably satisfactory to the commission, that such condition or event |
8 | causing same has been resolved. All taxpayers shall submit a reasonably detailed project timeline |
9 | to the commission together with the Part II application. The provisions of this section shall be |
10 | further detailed and incorporated into the form of contract for tax credits used in connection with |
11 | this chapter. |
12 | 44-33.7-8. Subcontractor Rates – Substantial projects. -- (a) Taxpayers who elect and |
13 | qualify to claim tax credits for the substantial rehabilitation of a certified historic structure |
14 | pursuant to this chapter, and where such substantial rehabilitation of a certified historic structure |
15 | pursuant to this chapter includes hard-construction costs (exclusive of land costs and soft costs, |
16 | such excluded soft costs including, but not limited to, permit fees, tap/connection fees, developer |
17 | fees, insurance costs, overhead expense, legal fees, engineering fees, architectural fees, brokerage |
18 | fees, consultant fees, and the like) that exceed ten million dollars ($10,000,000) (the "hard costs |
19 | threshold") shall only utilize contractors that have an apprenticeship program as defined herein |
20 | for all apprenticeable crafts that will be employed on the project at the time of bid. The provisions |
21 | of the section shall only apply to contractors and subcontractors with five (5) or more employees. |
22 | For purposes of this section, an apprenticeship program is one that is registered with and |
23 | approved by the United States Department of Labor in conformance with 29 C.F.R. 29 and 29 |
24 | C.F.R. 30; and : |
25 | (i) The department of labor and training must provide information and technical |
26 | assistance to affected governmental, quasi-governmental agencies, and any contractors awarded |
27 | projects relative to their obligations under this statute. |
28 | (ii) The department of labor and training may also impose a penalty of up to five hundred |
29 | dollars ($500) for each calendar day of noncompliance with this section, as determined by the |
30 | director of labor and training. Mere errors and/or omissions shall not be grounds for imposing a |
31 | penalty under this subsection. |
32 | (iii) Any penalties assessed under this chapter shall be paid to the general fund. To the |
33 | extent that any of the provisions contained in § 37-13-3.2 conflict with the requirements for |
34 | federal aid contracts, federal law and regulations shall control. |
| LC002124 - Page 21 of 24 |
1 | (b) In connection with a failure to comply with the terms of subsection (a) of this section, |
2 | any employee or former employee, or any organization representing such an employee or former |
3 | employee, shall be entitled to pursue any and all remedies available at law to such aggrieved |
4 | person or entity. |
5 | (c) In the event that a project is initially submitted to the commission with hard costs that |
6 | do not exceed the hard costs threshold and therefore the requirements of § 44-33.7-8(a) are not |
7 | followed, however, the subject project's hard costs end up exceeding the hard costs threshold |
8 | absent willful misconduct or fraud by the taxpayer, the applicable tax credits will still be issued |
9 | with respect to all hard costs up to the hard costs threshold (in addition to other amounts that |
10 | qualify as QREs). In such event, however, no tax credits shall be issued for any hard costs that |
11 | exceed the hard costs threshold unless the requirements of § 44-33.7-8(a) were complied with. |
12 | (d) Notwithstanding the requirements of this section, no redress shall be sough against |
13 | assignees, transferees or allocates of such credits provided they acquired the tax credits by way of |
14 | an arms-length transaction, for value, and without actual notice by the commission or division of |
15 | taxation of violation, fraud or willful misrepresentation. |
16 | 44-33.7-9. Sunset provision. -- There shall be no more applications for historic tax credit |
17 | certifications accepted after July 1, 2025, but all applications filed on or before such date shall |
18 | continue to be processed in accordance with this chapter. |
19 | SECTION 3. Sections 42-64.4-2 and 42-64.4-3 of the General Laws in Chapter 42-64.4 |
20 | entitled "Economic Development Reporting" are hereby amended to read as follows: |
21 | 42-64.4-2. Annual reports. -- Any board, corporation, commission, agency or other |
22 | entity of the state which issues or approves tax-exempt bonds, or bonds which are partially tax- |
23 | exempt, for historic tax credits or private uses, including, but not necessarily limited to, industrial |
24 | revenue bonds, and any corporation or agency whose purpose is to encourage economic |
25 | development or to assist private development in any manner by the issuance or approval of tax |
26 | exempt bonds or bonds which are partially tax-exempt or by the insurance of private financing or |
27 | historic tax credits, shall submit sufficient information to the executive director of the economic |
28 | development corporation to enable the executive director to submit an annual report to the general |
29 | assembly containing the information described in § 42-64.4-3, and the executive director shall |
30 | submit a report by March 1 of each year. |
31 | 42-64.4-3. Contents of annual report. -- The annual reports required by the provisions |
32 | of this chapter shall include: |
33 | (1) The annual budget of the board, corporation, commission or state entity affected by |
34 | the provisions of this chapter; |
| LC002124 - Page 22 of 24 |
1 | (2) A listing of all applications for assistance or historic tax credits submitted to the |
2 | board, corporation, commission or state entity during the preceding calendar year, which listing |
3 | shall designate those applications which were approved or disapproved or pending; |
4 | (3) The amount and year of issue of each historic tax credit, tax exempt bond or partially |
5 | tax exempt bond issued or approved which remains active or unpaid and the amount of each |
6 | private loan insured and the amount of each loan which remains outstanding; |
7 | (4) The number of persons employed by the board, corporation, commission, or other |
8 | state entity at the commencement of the preceding calendar year, including the number of persons |
9 | remaining so employed at the time of the annual report, and their salaries; |
10 | (5) The number of new jobs created and/or the number of jobs preserved as a result of |
11 | the issuance of historic tax credits or bonds or by the insurance of private financing including, by |
12 | way of illustration and not by limitation, the wages and salaries in each job category as |
13 | determined by the applicable Federal S.I.C. Codes; |
14 | (6) A listing of the jobs filled through the utilization of the pathways to progress program |
15 | of the department of human services; |
16 | (7) A listing of the jobs filled through the utilization of the workforce 2000 program of |
17 | the department of labor and training; |
18 | (8) A listing of any violations of the national Labor Relations Act or citations of |
19 | violation issued by the national Labor Relations Board to any entity which has received the |
20 | benefit of any tax exempt or partially tax exempt bond or any insurance of private financing; and |
21 | (9) A listing of any violations of federal or state environmental laws and regulations |
22 | during the preceding calendar year by any entity which has received the benefit of any tax exempt |
23 | or partially tax exempt bond or any insurance of private financing. |
24 | SECTION 4. This act shall take effect upon passage. |
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| LC002124 - Page 23 of 24 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TAXATION -- HISTORIC STRUCTURES | |
*** | |
1 | This act would create economic incentives for the redevelopment and reuse of Rhode |
2 | Island's historic structures. |
3 | This act would take effect upon passage. |
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LC002124 | |
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| LC002124 - Page 24 of 24 |