2023 District of Columbia Code › Title 47 - Taxation, Licensing, Permits, Assessments, and Fees. [Enacted title] › Chapter 8 - Real Property Assessment and Tax › Subchapter III - Miscellaneous › § 47–869. Performing arts venue real property tax rebate

§ 47–869. Performing arts venue real property tax rebate.
(a) For taxable years beginning after December 31, 2018, a qualified business that leases real property that is taxed under this chapter or under Chapter 10 of this title shall receive a rebate of that portion of the tax, if any, that represents the qualified business' pro rata share of the lessor's tax on the property if:
(1) The qualified business is liable under the lease for the pro rata share of the tax;
(2) The qualified business applies for the rebate of the tax on or before September 15 of the tax year; and
(3) The real property tax was paid.
(b) For tax years beginning on or after October 1, 2022, the application shall be submitted to the Mayor. The application shall include:
(1) A copy of the lease with the lessor;
(2) Documentation that the real property tax has been paid;
(3) Documentation that the qualified business met the requirements of § 47-802(17) during the tax year for which the rebate is being requested; and
(4) Documentation or information satisfying any additional requirements for eligibility established by the Mayor through rulemaking or by publication on an official website.
(c)(1) If the application is properly completed and demonstrates that the applicant qualifies for the rebate, the Mayor shall certify by October 31 of the succeeding tax year to the Office of Tax and Revenue ("OTR"), in a form and medium prescribed by OTR, each qualified business eligible to receive a real property tax rebate pursuant to this section, as well as the portion of the tax year that the business is eligible for the tax rebate under this section. The certification shall include information concerning each qualified business certified that is sufficient to enable OTR to determine the amount of the rebate and to make payment.
(2) If the real property tax for the tax year has been paid, OTR shall pay a rebate of real property tax in the amount provided in subsection (d)(1) of this section to each qualified business certified by the Mayor on or before December 31 of the succeeding tax year; except, that OTR shall be allowed 30 days from the date the Mayor makes the certification described in paragraph (1) of this subsection to issue the rebate.
(d) The rebate provided pursuant to this section for a tax year shall be:
(1) The lesser of the qualified business' pro rata share of the real property tax for the tax year that was paid, directly or indirectly, by the qualified business or $15,000 per applicant per year; and
(2) In addition to, and not in lieu of, any other tax, financial, or development incentive, tax credit, or any other type of incentive provided to a qualified business under any District or federal program.
(Apr. 11, 2019, D.C. Law 22-297, § 2(c), 66 DCR 2014; Feb. 23, 2023, D.C. Law 24-264, § 2(b), 69 DCR 15116.)
Applicability
Applicability of D.C. Law 22-297: § 7173 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-297. Therefore the creation of this section by D.C. Law 22-297 has been implemented.
Section 7173 of the Fiscal Year 2020 Budget Support Emergency Amendment Act of 2019 repealed § 3(b) of D.C. Law 22-297 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-297 has been given effect.
Applicability of D.C. Law 22-297: § 3 of D.C. Law 22-297 provided that the creation of this section by § 2(c) of D.C. Law 22-297 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(b) of Performing Arts Promotion Tax Rebate Clarification Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-671, Nov. 22, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 2(b) of Performing Arts Promotion Tax Rebate Clarification Emergency Amendment Act of 2022 (D.C. Act 24-523, July 27, 2022, 0 DCR 0).
For temporary (90 days) repeal of applicability provision of D.C. Law 22-297, see § 7173 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) repeal of applicability provision of D.C. Law 22-297, see § 7173 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(b) of Performing Arts Promotion Tax Rebate Clarification Temporary Amendment Act of 2022 (D.C. Law 24-200, Dec. 13, 2022, 69 DCR 12682).