Committee clarifies timing for historic-rehabilitation tax credits and refers bill to finance

The Senate Economic Development Committee on March 20 approved a committee substitute for Senate Bill 8 34 that clarifies when corporate tax credits for qualified rehabilitated buildings may be claimed.

Committee counsel told members the substitute amends the corporate net income tax article to provide that State Historic Preservation Office-issued tax credit certificates are available in the year the rehabilitated building is placed into service. Counsel said the substitute also amends the bill title and corrects an internal citation to the Code of Federal Regulations.

Sen. from Randolph asked how the applicable tax year is assigned when credits are transferred; counsel said he was not certain but suggested the tax year would likely be when the transfer actually occurs. The senator from Summers confirmed the substitute does not create a new tax credit but clarifies an existing provision. The senator from the seventeenth named Harpers Ferry and the New River Gorge as examples of National Park Service sites mentioned during the discussion.

No amendments were offered. The committee adopted the substitute by voice vote. The vice chair moved that the committee substitute for Senate Bill 8 34 be reported to the full Senate with the recommendation that it do pass, but under the bill\'s original double reference first be referred to the Finance Committee; the motion carried by voice vote and the committee record shows the bill will be referred to Finance before further Senate consideration.

Committee members noted the change is primarily a timing clarification; counsel described it as clarifying that the tax credit is available in the year the rehabilitated building is placed into service. The committee did not resolve the specific administrative mechanics for assigning the tax year when credits are transferred; counsel said that detail was not certain.