Historic Tax Credit Improvement Act of 2017

To amend the Internal Revenue Code of 1986 to improve the historic rehabilitation tax credit, and for other purposes. 1. Short title This Act may be cited as the Historic Tax Credit Improvement Act of 2017 2. Increase in the rehabilitation credit for certain small projects (a) In general Section 47 (e) Special rule regarding certain small projects (1) In general In the case of any qualified rehabilitated building or portion thereof— (A) which is placed in service after the date of the enactment of this subsection, and (B) which is a small project, subsection (a)(2) shall be applied by substituting 30 percent 20 percent (2) Maximum credit The credit under this section (after application of this subsection) with respect to any project for all taxable years shall not exceed $750,000. (3) Small project (A) In general For purposes of this subsection, the term small project (i) the total qualified rehabilitation expenditures taken into account for purposes of this section with respect to the rehabilitation do not exceed $3,750,000, and (ii) no credit was allowed under this section for either of the two immediately preceding taxable years with respect to such building. (B) Progress expenditures Credit allowable by reason of subsection (d) shall not be taken into account under subparagraph (A)(ii). . (b) Effective date The amendment made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) 3. Allowance for the transfer of credits for certain small projects (a) In general Section 47(e) (4) Transfer of small project credit (A) In general Subject to subparagraph (B) and such regulations or other guidance as the Secretary may provide, the taxpayer may transfer to any other taxpayer all or a portion of the credit allowable to the taxpayer under subsection (a) for a small project. (B) Certification A transfer under subparagraph (A) shall be accompanied by a certificate which includes— (i) the certification for the certified historic structure, (ii) the taxpayer’s name, address, and tax identification number, (iii) the transferee’s name, address, and tax identification number, (iv) the date of project completion and the amount of credit being transferred, and (v) such other information as may be required by the Secretary. (C) Credit may only be transferred once A credit transferred under subparagraph (A) is not transferable by the transferee to any other taxpayer. (D) Tax treatment of transfer (i) Disallowance of deduction No deduction shall be allowed for any amount of consideration paid or incurred by the transferee in return for the transfer of any credit under this paragraph. (ii) Allowance of credit The amount of credit transferred under subparagraph (A)— (I) shall not be allowed to the transferor for any taxable year, and (II) shall be allowable to the transferee as a credit under this section for the taxable year of the transferee in which such credit is transferred. (E) Recapture and other special rules For purposes of section 50, the transferee of a credit with respect to a smaller project under this paragraph shall be treated as the taxpayer with respect to the smaller project. (F) Information reporting The transferor and the transferee shall each make such reports regarding the transfer of an amount of credit under subparagraph (A), 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. . (b) Effective date The amendment made by this section shall apply to periods after December 31, 2016. 4. Increasing the type of buildings eligible for rehabilitation (a) In general Section 47(c)(1)(C)(i)(I) 50 percent of the adjusted basis (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2016. 5. Reduction of basis adjustment for rehabilitation property (a) In general Section 50(c) (6) Special rule relating to the rehabilitation credit In the case of any rehabilitation credit— (A) only 50 percent of such credit shall be taken into account under paragraph (1), and (B) only 50 percent of any recapture amount attributable to such credit shall be taken into account under paragraph (2). . (b) Coordination with basis adjustment Subsection (d) of section 50 For purposes of paragraph (5), in applying the provisions of section 48(d)(5)(B) (as so in effect) to a lease of property eligible for the credit under section 47, gross income of the lessee of such property shall include, ratably over the shortest recovery period applicable to such property under section 168, an amount equal to 50 percent of the amount of the credit allowable under section 38 to such lessee with respect to such property. (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 6. Modifications regarding certain tax-exempt use property (a) In general Section 47(c)(2)(B)(v)(I) , and subclauses (I), (II), and (III) of section 168(h)(1)(B)(ii) shall not apply thereof (b) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Summary: Historic Tax Credit Improvement Act of 2017 This bill amends the Internal Revenue Code, with respect to the tax credit for the rehabilitation of buildings and historic structures, to: (1) allow an increased 30% credit, up to $750,000, for projects with rehabilitation expenditures not exceeding $3.75 million, for which no credit was allowed in either of the two immediately preceding taxable years (small projects); (2) allow the transfer of tax credit amounts for small projects; (3) treat a building as substantially rehabilitated if rehabilitation expenditures exceed the greater of 50% of the adjusted basis of the building or $5,000 (currently, the greater of the adjusted basis of the building or $5,000); (4) reduce the required basis adjustment from 100% of the credit to 50% of the amount of the credit; and (5) limit the application of disqualified lease rules to tax-exempt use property.