View Amendment Current Amendment: 2 to Bill 234 Rep. FINLAY proposes the following Amendment No. 2 to S. 234 (COUNCIL\BH\234C008.BH.DG14):

Reference is to Printer's Date 5/15/14--H.

Amend the bill, as and if amended, by striking SECTION 2.A. and inserting:

/      SECTION      2.            A.            Section 12-67-140(B)(3) of 1976 Code, as added by Act 57 of 2013, is amended to read:

     "(3)(a)(i)      The Except for a credit claimed in connection with the rehabilitation of a state owned abandoned building, the entire credit is earned in the taxable year in which the applicable phase or portion of the building site is placed in service but must be taken in equal installments over a five-year period beginning with the tax year in which the applicable phase or portion of the building site is placed in service. Unused credit may be carried forward for the succeeding five years.
           (ii)      If the credit is earned in connection with the rehabilitation of a state owned abandoned building, the credit is refundable and the entire credit is earned and must be claimed in the taxable year in which the applicable phase or portion of the building site is placed in service.
           (b)      Except for a credit claimed in connection with the rehabilitation of a state owned abandoned building, the entire credit earned pursuant to this subsection may not exceed five hundred thousand dollars for any taxpayer in a tax year for each abandoned building site. If the credit is earned in connection with the rehabilitation of a state owned abandoned building, the entire credit earned pursuant to this subsection may not exceed seven million dollars in the aggregate for all taxpayers in all taxable years. The department shall notify the taxpayer of the credit remaining for the rehabilitation of a state owned building when the taxpayer files the Notice of Intent to Rehabilitate. The limitation provided in this subitem applies to each unit or parcel deemed to be an abandoned building site."      /

Amend the bill further, as and if amended, by striking SECTION 3 and inserting:

/      SECTION      3.      Section 12-6-3535(A) and (C)(1) of the 1976 Code is amended to read:

     "(A)      A taxpayer who is allowed a federal income tax credit pursuant to Section 47 of the Internal Revenue Code for making qualified rehabilitation expenditures for a certified historic structure located in this State is allowed to claim a credit against income taxes and license fees imposed by this title. For the purposes of this section, 'qualified rehabilitation expenditures' and 'certified historic structure' are defined as provided in the Internal Revenue Code Section 47 and the applicable treasury regulations. Except as provided in subsection (A)(1), the amount of the credit is ten percent of the expenditures that qualify for the federal credit. To claim the credit allowed by this subsection, a taxpayer filing a paper return must attach a copy of the section of the federal income tax return showing the credit claimed, along with other information that the Department of Revenue determines is necessary for the calculation of the credit provided by this subsection.
           (1)      A taxpayer may elect a twenty-five percent tax credit in lieu of the ten percent tax credit.
           (2)(a)      Except for a credit claimed for qualified rehabilitation expenditures related to any state owned abandoned building, a taxpayer electing a twenty-five percent tax credit may not claim a credit that exceeds five hundred thousand dollars for each certified historic structure.
           (b)      If a taxpayer elects a twenty-five percent tax credit for qualified rehabilitation expenditures related to any state owned abandoned building, then the entire credit earned pursuant to this section may not exceed seven million dollars in the aggregate for all taxpayers in all taxable years. In a manner it deems appropriate, the department shall notify the public of the amount of credit remaining for rehabilitating a state owned abandoned building.

     (C)(1)(a)      Except for a credit claimed in connection with the rehabilitation of a state owned abandoned building, the entire credit may not be taken for the taxable year in which the property is placed in service but must be taken in equal installments over a five-year period beginning with the year in which the property is placed in service.
           (b)      If the credit is claimed in connection with the rehabilitation of a state owned abandoned building, the credit is refundable and the entire credit must be claimed in the taxable year in which the property is placed in service. For purposes of this section, 'state owned abandoned building' has the same meaning as provided in section 12-67-120. 'Placed in service' means the rehabilitation is completed and allows for the intended use. Any unused portion of any credit installment may be carried forward for the succeeding five years."

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Renumber sections to conform.
Amend title to conform.