Abandoned buildings are routinely safety hazards that cost cities and towns precious resources by using additional fire and police services, while decreasing area property values.
Definition of an abandoned building
- at least 66 percent vacant for the past five years
- nonoperational for income-producing purposes
- may not be a single-family residence
- a building listed on the National Register for Historic Places when used solely for storage or warehousing
- investor using the tax credit may not be the owner at the time of the abandonment
Investment threshold to use tax credit
- more than $250,000 investment within jurisdictions (cities or counties) with a population over 25,000
- more than $150,000 investment within jurisdictions (cities or counties) with a population between 25,000 and 1,000
- more than $75,000 investment within jurisdictions (cities or counties) in local with a population of less than 1,000
Type of tax credits available
Income tax credit
- investor files Notice of Intent to Rehabilitate with the Department of Revenue
- credit equals 25 percent of actual expenses but the credit may not exceed $700,000 for any taxpayer in a tax year
- credit must be taken over three years beginning with the tax year the building is placed into service after rehabilitation
- taxpayer may not claim income tax credit in addition to the Textile Communities Revitalization Act or Retail Facilities Revitalization Act credits
Property tax credit
- investor files Notice of Intent to Rehabilitate with city or county
- council must determine, by resolution, the eligibility of the project
- council must hold a public hearing and approve the project for the credit by ordinance
- at least 45 days before the public hearing the city or county must notify all affected taxing entities
- if the taxing entity does not file an objection by the date of the public hearing, then the local taxing entity consents to the tax credit
- credit equals 25 percent of actual expenses but the credit may not to exceed 75 percent of the real property taxes due on the building
- credit may be taken up to eight years beginning with the tax year building is placed into service
Timeframe for implementation
- sunsets December 31, 2035
- retroactive to January 1, 2013