BILL ANALYSIS Ó AB 1999 Page 1 GOVERNOR'S VETO AB 1999 (Atkins) As Amended August 22, 2014 2/3 vote ----------------------------------------------------------------- |ASSEMBLY: |75-0 |(May 27, 2014) |SENATE: |36-0 |(August 26, | | | | | | |2014) | ----------------------------------------------------------------- ----------------------------------------------------------------- |ASSEMBLY: |78-0 |(August 27, | | | | | | |2014) | | | | ----------------------------------------------------------------- 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 to reserve and allocate the AB 1999 Page 2 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. 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 AB 1999 Page 3 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 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. AB 1999 Page 4 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 Personal Income Tax (PIT) and the Corporation Tax (CT) laws, in an amount equal to 25% of the qualified 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 Section 67800 of the Government Code; or, e) The structure is a transit-oriented development that is AB 1999 Page 5 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. 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, AB 1999 Page 6 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. 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 Internal Revenue Code (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 AB 1999 Page 7 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, 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. GOVERNOR'S VETO MESSAGE : "This bill creates a tax credit for renovating historic buildings, which is in addition to a similar credit offered by AB 1999 Page 8 the federal government. "While this bill aims to achieve goals I wholeheartedly support, its cost -- $400 million over a period of years -- is a spending commitment that should be weighed against other important priorities in the upcoming budget." Analysis Prepared by : Oksana Jaffe / REV. & TAX. / (916) 319-2098 FN: 0005704