BILL ANALYSIS                                                                                                                                                                                                    Ó




                                                                  AB 1999
                                                                  Page A
          CONCURRENCE IN SENATE AMENDMENTS
          AB 1999 (Atkins)
          As Amended  August 22, 2014
          Majority vote
           
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          |ASSEMBLY:  |75-0 |(May 27, 2014)  |SENATE: |36-0 |(August 26,    |
          |           |     |                |        |     |2014)          |
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           Original Committee Reference:    REV. & TAX.  

           SUMMARY  :  Allows a temporary income tax credit for qualified  
          costs paid or incurred by a taxpayer in rehabilitation of a  
          certified historic structure, as defined ("the Historic  
          Preservation Tax Credit"), in modified conformity with the  
          federal income tax laws, subject to an aggregate annual cap of  
          $50 million.  

           The Senate amendments  :

          1)Extend the Historic Preservation Tax Credit program for an  
            additional two years, until January 1, 2023. 

          2)Reduce the applicable tax credit percentages from 25% to 20%  
            and from 30% to 25%.

          3)Reduce the aggregate amount of the tax credit that may be  
            allocated, under both the Personal Income Tax (PIT) and the  
            Corporation Tax (CT) laws, from $100 million to $50 million,  
            plus the unused allocation tax credit amount, if any, for the  
            preceding calendar year.

          4)Delete provisions authorizing the Governor's Office of  
            Business and Economic Development (GO-Biz) to reserve and  
            allocate the Historic Preservation Tax Credit, and instead  
            grant this authority to the California Tax Credit Allocation  
            Committee (CTCAC), in consultation with the Office of Historic  
            Preservation (OHP). 

          5)Allow the CTCAC to adopt a reasonable fee in an amount  
            sufficient to cover its expenses and the expenses by the OHP  
            incurred in administering the Historic Preservation Tax Credit  
            program. 










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          6)Specify that the Historic Preservation Tax Credit may be  
            allowed for qualified rehabilitation expenditures for a  
            qualified residence only if the residence is determined  
            jointly by the CTCAC and the OHP to have a public benefit in  
            the year of completion.  The amount of the Historic  
            Preservation Tax Credit shall only be allowed in an amount  
            equal to or more than $5,000, not to exceed $25,000; and the  
            tax credit shall be allowed to a taxpayer once every 10  
            taxable years.

          7)Define a "qualified residence" by reference to Internal  
            Revenue Code (IRC) Section 163(h)(4), as a residence that will  
            be owned and occupied, or will be occupied after the  
            rehabilitation, by an individual taxpayer as a taxpayer's  
            principal residence, provided that the taxpayer's modified  
            adjusted gross income is $200,000 or less. 

          8)Define the term "qualified rehabilitation expenditure" by  
            reference to IRC Section 47(c), but modify the federal  
            definition to provide that "qualified rehabilitation  
            expenditures" may include both of following:

             a)   Expenditures in connection with the rehabilitation of a  
               building even if the building is, or is reasonably expected  
               to be, tax exempt use property. 

             b)   Expenditures incurred by the taxpayer with respect to a  
               qualified principal residence for the rehabilitation of the  
               exterior of the building or rehabilitation necessary for  
               the functioning of the home, including, but not limited to,  
               rehabilitation of the electrical, plumbing, or foundation  
               of the principal residence. 

          9)Require a taxpayer to request a reservation of the Historic  
            Preservation Tax Credit from CTCAC, in the form and manner  
            prescribed by CTCAC.

          10)Specify that a tax credit reservation provided to a taxpayer  
            shall not constitute a determination by CTCAC regarding a  
            taxpayer's eligibility for the Historic Preservation Tax  
            Credit.

          11)Provide that rehabilitation must commence within 18 months of  
            the issuance of the tax credit reservation; otherwise, the  
            reservation shall be forfeited and the credit amount  









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            associated with the tax credit reservation shall be treated as  
            an unused allocation tax credit amount. 

          12)State that a taxpayer shall be allocated the Historic  
            Preservation Tax Credit pursuant to the taxpayer's tax credit  
            reservation, upon receipt by CTCAC a cost certification for  
            the qualified rehabilitation expenditures. 

          13)Require, for projects with qualified rehabilitation  
            expenditures in excess of $250,000, the cost certification to  
            be issued by a licensed certified public accountant.

          14)Require CTCAC to set aside $10 million of tax credits each  
            calendar year for taxpayers with qualified rehabilitation  
            expenditures of less than $1 million.  To the extent that this  
            amount is not fully reserved in any calendar year, the unused  
            portion shall become available for reservation to other  
            taxpayers. 

          15)Add a five-year tax credit recapture provision, in conformity  
            with IRC Section 50(a), when the property, or interest in the  
            property, is sold. 

          16)Specify that tax credits awarded to an "S" corporation shall  
            be allocated among the shareholders of that corporation  
            pro-rata in accordance with their respective pro rata shares  
            determined in accordance with specified provisions of the IRC.  


          17)Allow the Historic Preservation Tax Credit to be used to  
            reduce the taxpayer's tax liability below the tentative  
            minimum tax. 

          18)Make various technical, non-substantive changes.  

           AS PASSED BY THE ASSEMBLY  , this bill:  

          1)Declared legislative intent to preserve and restore  
            California's historic buildings, which are an important asset  
            to communities throughout California, and to create tools to  
            incentivize economic development and revitalize economically  
            distressed areas. 

          2)Allowed an income tax credit, under both the PIT and the CT  
            laws, in an amount equal to 25% of the qualified  









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            rehabilitation expenditures with respect to a certified  
            historic structure, as defined.

          3)Increased the applicable percentage to 30% in the case of a  
            certified historic structure that meets one of the following  
            criteria:

             a)   The structure is located on federal, state, or local  
               surplus property, as defined;

             b)   The rehabilitated structure includes affordable housing  
               for lower-income households, as defined by Health and  
               Safety Code Section 50079.5;

             c)   The structure is located in a designated census tract,  
               as defined in Revenue and Taxation Code Section  
               17053.73(b)(7);

             d)   The structure is a part of a military base reuse  
               authority established pursuant to Title 7.86 commencing  
               with Government Code Section 67800; or,

             e)   The structure is a transit-oriented development that is  
               a higher density, mixed-use development within a walking  
               distance of one-half mile of a transit station. 

          4)Allowed the credit for taxable years beginning on or after  
            January 1, 2015, and before January 1, 2021.

          5)Defined a "certified historic structure" as a structure  
            located in California and appearing on either the National  
            Register of Historic Places or the California Register of  
            Historical Resources. 

          6)Authorized the taxpayer to carry forward the tax credit to the  
            following tax year, and succeeding seven years, if necessary,  
            until the credit is exhausted.

          7)Disallowed any deduction for the amount of paid or incurred by  
            the taxpayer for which a credit is allowed to the taxpayer.

          8)Required GO-Biz to do all of the following:

             a)   On and after January 1, 2015, and before January 1,  
               2021, to allocate tax credits to applicants, as provided.









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             b)   Establish a procedure for applicants to file with the  
               GO-Biz a written application, on a form jointly prescribed  
               by GO-Biz and OHP for the allocation of the tax credit. 

             c)   Establish criteria for allocating tax credits,  
               consistent with the requirements of the tax credit program.  
                Criteria shall include, but not be limited to, all of the  
               following:

               i)     The number of jobs created by the rehabilitation  
                 project, both during and after the rehabilitation of the  
                 structure;

               ii)    The expected increase in state and local tax  
                 revenues derived from the rehabilitation project,  
                 including those from increased wages and property taxes;  
                 and,

               iii)   Any additional incentives or contributions included  
                 in the rehabilitation project from federal, state, or  
                 local governments.

             d)   Determine and designate, in consultation with the OHP,  
               applicants that meet the specified requirements to ensure  
               that the rehabilitation project upholds historical values  
               in terms of architectural and aesthetic standards. 

             e)   Process and approve, or reject, all applications.

             f)   Allocate an aggregate amount of the tax credits, and any  
               carryover of unallocated credits from prior years, subject  
               to the annual cap of $100 million. 

             g)   Certify tax credits allocated to taxpayers. 

             h)   Provide the Franchise Tax Board (FTB) an annual list of  
               the taxpayers that were allocated a credit, as specified,  
               including each taxpayer's taxpayer identification number  
               and the amount allocated. 

          9)Limited the total aggregated amount of the tax credit that may  
            be allocated in any calendar year to $100 million, plus the  
            unused allocation tax credit amount, if any, for the preceding  
            calendar year. 









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          10)Provided that the credit shall be allocated to the partners  
            of a partnership owning the historic rehabilitation project in  
            accordance with the partnership agreement, regardless of how  
            the federal historic rehabilitation tax credit, with respect  
            to the project, is allocated to the partners, or whether the  
            allocation of the credit under the terms of the agreement has  
            substantial economic effect, within the meaning of IRC Section  
            704(b). 

          11)Required the Legislative Analyst Office, beginning January 1,  
            2016, to collaborate with GO-Biz to review the effectiveness  
            of the historic building tax credit program.  

          12)Provided that the review shall include an analysis of the  
            demand for the tax credit, the types and uses of projects  
            receiving the tax credit, the jobs created by the use of the  
            tax credit, and the economic impact of the tax credit.

          13)Takes effect immediately as a tax levy. 

           FISCAL EFFECT  :  The Franchise Tax Board staff estimates that  
          this bill will result in an annual General Fund revenue loss of  
          $18 million in the fiscal year (FY) 2014-15, $41 million in FY  
          2015-16, and $48 million in FY 2016-17. 



           COMMENTS  :  The author has provided the following statement in  
          support of this bill:

            California is one of the few states to not provide an  
            incentive for the preservation of our historic buildings.  
             A state tax credit for this purpose would help stimulate  
            local economies, revitalize downtown areas and  
            communities, promote and increase the supply of  
            affordable housing, support smart growth through infill  
            development, encourage property maintenance and  
            rehabilitation, and leverage use of the federal  
            rehabilitation tax credit.

            Additionally, it would increase construction and building  
            industry job creation, increase state tax revenues  
            through increased employment and wages, increase local  
            property tax revenues through increased property values,  









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            and increase local tax revenues through sales tax and  
            heritage tourism.

            AB 1999 helps communities adjust to the phase-out of  
            redevelopment dollars and stimulates public and private  
            investment, all while building civic pride as we  
            celebrate our heritage and preserve California's past.

          Federal Historic Tax Credit (HTC).  The Federal Historic  
          Preservation Tax Incentives Program, created in 1976, is  
          administered by the National Park Service in partnership with  
          the OHP.  The goal of the program is to promote community  
          revitalization and encourage private investment through historic  
          building rehabilitation. 

          To qualify for the historic tax credit, a project must satisfy  
          the requirements of IRC Section 47 and related regulations, as  
          well as architectural standards regulated by the National Parks  
          Service.  Certification of historic significance is the first  
          step in establishing eligibility for the HTC.  A building must  
          be individually listed in the national Register of Historic  
          Places or be certified as contributing to a registered historic  
          district in order to qualify for the 20% credit.  A building  
          that has been certified as non-significant (i.e., not  
          contributing to a National Register historic district), but was  
          built before 1936, can qualify for a 10% tax credit, if it is  
          rehabilitated for income-producing, non-residential purposes.   
          Second, a developer must submit an application detailing the  
          plans and specifications for the rehabilitation.  The plans must  
          satisfy the Secretary of Interior Standards for Rehabilitation. 

          Once the project is completed, a request for certification of  
          completion is submitted.  If the request is granted, the  
          rehabilitation is considered a "certified rehabilitation."  A  
          certification of a completed project is issued only when all  
          work has been finished on the certified historic building.   
          Generally, the HTC must be claimed in the tax year in which the  
          rehabilitated building is placed in service.  However, the  
          credit may be claimed before the date the property is placed in  
          service under the rules for qualified progress expenditures (IRC  
          Section 47(d).)  Existing federal law contains a so-called  
          "recapture provision," which provides that a portion of the tax  
          credit must be recaptured (returned to the federal government)  
          if the rehabilitated building is sold or otherwise ceases to  
          qualify within five years from the date the building is placed  









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          in service. 

          The Proposed Historic Preservation Tax Credit:  a Different Kind  
          of Credit?  This bill creates a historic preservation tax credit  
          program modeled after the federal HTC.  Unlike the federal HTC,  
          however, the proposed credit is not permanent; it is allowed  
          only for eight taxable years, beginning with the 2015 tax year.   
          This bill also provides for an increased tax credit rate of 20%  
          and allows an additional 5% for certain projects, such as  
          low-income housing; a transit-oriented development; and a  
          structure located on federal, state, or local surplus property,  
          in a designated census tract, on a specified military base.  A  
          building that is not included in the National Register of  
          Historic Places may still qualify for the state credit if it  
          appears on the California Register of Historical Resources. 

          The proposed credit is different from other state tax credits,  
          where a certain class of individuals or businesses may claim a  
          credit based on membership in a certain industry or business  
          location.  In contrast to many tax incentives in California, the  
          proposed tax credit is targeted, is capped at $50 million per  
          calendar year, and is required to be allocated to taxpayers by  
          the GO-Biz on a competitive basis.  In many respects, the  
          proposed credit is similar to a grant program.  This bill  
          prescribes certain criteria for GO-Biz to utilize in determining  
          whether a project should be awarded the state HTC, including the  
          estimated number of jobs and potential state and local tax  
          revenues to be generated by the project.  Thus, the proposed  
          credit is intended to result in a quantifiable public benefit.   
          Finally, the Legislative Analyst's Office is required to review  
          the effectiveness of this tax credit program on an annual basis.  
           The credit cannot be used after January 1, 2023, and is not  
          refundable.   

          How Effective Are Historic Tax Credit Programs in Other States?   
          Thirty-five states offer state tax incentives of various kinds  
          for historic preservation rehabilitation projects.  In many  
          states, the income tax credit programs are similar to the  
          federal HTC program.  Several studies conducted by Rutgers  
          University have shown that "in many parts of the country, $1  
          million in historic rehabilitation yields markedly better  
          effects on employment, income? and state and local taxes than an  
          equal investment in new construction or many other economic  











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          activities (e.g., manufacturing or services)."<1>  It was  
          concluded that states with the strongest historical preservation  
          tax credit statutes regularly lead the nation in the use of the  
          federal HTC, which, due to its leverage and multiplier effects,  
          benefits both state economies and the national economy.  For  
          example, an annual report of the Ohio Historic Preservation tax  
          credit program states that the $327 million in tax credits  
          approved are projected to leverage more than $2 billion in  
          private investment and federal tax credits, which translates to  
          $6.25 of investment for every dollar of the state tax credit.<2>  
           The Ohio Historic Preservation tax credit is capped at $60  
          million per year and allocated to applicants.  According to a  
          2011 economic impact study conducted by Cleveland State  
          University, the $246 million in approved tax credits is expected  
          to result in nearly $10 billion in economic activities during  
          the construction period alone between 2007 and 2025.   
          Recognizing the economic impact and job creation of the program,  
          the Ohio General Assembly renewed the Program in the state's FY  
          2012-13 Budget.  Similarly, it was found that in Minnesota and  
          North Carolina, respectively, every dollar of the state historic  
          tax credit creates $8.32 in economic activity and $12.51 in  
          economic benefit. 

          Owner-Occupied Buildings.  Under the federal HTC program,  
          owner-occupied residential buildings are not eligible for the  
          credit.  This bill takes a different approach in that it would  
          allow both income-producing properties and owner-occupied  
          residential buildings to qualify for the state tax credit.  

           Analysis Prepared by  :    Oksana Jaffe / REV. & TAX. / (916)  
          319-2098                                               FN:  
          0005431 




          ---------------------------
          <1> Annual Report on the Economic Impact of the Federal Historic  
          Tax Credit for FY 2012, Rutgers University, E. Bloustein School  
          of Planning and Public Policy, p. 5.
          <2> Ohio Historic Preservation Tax Credit Program, 2012 Annual  
          Report, prepared by the Ohio Development Services Agency, the  
          Ohio Historical Society and the Ohio Department of Taxation,  
          April 2013, p. 15.