Sec. 12003. Modification of historic rehabilitation tax credit
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Section 47(a) is amended to read as follows: For purposes of section 46, the rehabilitation credit for any taxable year is 20 percent of the qualified rehabilitation expenditures. . Section 47 is amended by adding at the end the following new subsection: In the case of any qualifying small project with respect to which there is an election in effect under this subsection— the total qualified rehabilitation expenditures taken into account for purposes of this section with respect to the rehabilitation shall not exceed $3,750,000, subsection
(a)shall be applied by substituting 30 percent for 20 percent , and subject to paragraph
(4)and such regulations or other guidance as the Secretary may provide, the taxpayer may transfer all or a portion of the credit determined under this section with respect to such qualifying small project. For purposes of this subsection, the term qualifying small project means any qualified rehabilitated building or portion thereof if— such building is placed in service after the date of the enactment of this subsection, and no credit was allowed under this section (other than a credits allowed by reason of subsection (d)) for either of the two immediately preceding taxable years with respect to such building. In the case of any qualifying small project in a rural area, paragraph (1)(A) shall be applied by substituting $5,000,000 for $3,750,000 . For purposes of this subparagraph, the term rural area means any area other than— a city or town that has a population of greater than 50,000 inhabitants, or the urbanized area contiguous and adjacent to a city or town described in clause (i), as defined by the Bureau of the Census based on the latest decennial census of the United States. A transfer under paragraph (1)(C) shall be accompanied by a certificate which includes— the certification for the certified historic structure referred to in subsection (c)(3), the taxpayer’s name, address, tax identification number, date of project completion, and the amount of credit being transferred, the transferee’s name, address, tax identification number, and the amount of credit being transferred, and such other information as may be required by the Secretary. A certificate issued under this subsection to a taxpayer shall be transferable to any other taxpayer. No deduction shall be allowed for the amount of consideration paid or incurred by the transferee. The amount of credit transferred under paragraph (1)(C)— shall not be allowed to the transferor for any taxable year, and shall be allowable to the transferee as a credit determined under this section for the taxable year of the transferee in which such credit is transferred. Gross income shall not include any amount received in connection with the transfer of the certificate. The taxpayer who claims a credit determined under this section by reason of a transfer of an amount of credit under paragraph (1)(A) with respect to an applicable rural project shall be treated as the taxpayer with respect to such project for purposes of section 50. The transferor and the transferee shall each make such reports regarding the transfer of an amount of credit under paragraph (1)(C) and containing such information as the Secretary may require. The reports required by this subparagraph shall be filed at such time and in such manner as may be required by the Secretary. The Secretary shall prescribe regulations or other guidance to carry out paragraph (1)(C) and this paragraph in a manner which is consistent with applicable requirements with respect to transfer of credits under section 6418. An election under this subsection shall be made at such time and in such manner as the Secretary may by regulations prescribe. . Section 47(c)(1)(B)(i)(I) is amended by inserting 50 percent of before the adjusted basis . Section 50(c) is amended by adding at the end the following new paragraph: In the case of the rehabilitation credit, paragraph
(1)shall not apply. . Section 50(d) is amended by adding at the end the following: In the case of the rehabilitation credit, paragraph (5)(B) of the section 48(d) referred to in paragraph
(5)of this subsection shall not apply. . Section 47(c)(2)(B)(v) is amended by adding at the end the following new subclause: For purposes of subclause (I), except in the case of a tax-exempt entity described in section 168(h)(2)(A)(i), the determination of whether property is tax-exempt use property shall be made under section 168(h) without regard to whether the property is leased in a disqualified lease (as defined in section 168(h)(1)(B)(ii)). . Except as otherwise provided in this subsection, the amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. The amendment made by subsection
(a)shall apply to property placed in service after December 31, 2025.