reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 42 - Review and Compliance Program › Rule 223-42.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The review and compliance program implements state historic
				preservation program activities to advise and assist public (federal, state,
				and local government) agencies in carrying out their historic preservation
				responsibilities broadly described and established under the National Historic
				Preservation Act, particularly Sections 106 and 110, as well as other state and
				federal historic preservation laws and regulations.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 42 - Review and Compliance Program › Rule 223-42.2 - Federal Regulations and Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa review and compliance program shall operate in
				accordance with the following requirements:
(1) The National Historic Preservation Act (
			 16 U.S.C.
			 470 et seq.).
(2) Title 36 of the Code of Federal
			 Regulations Part 60 ( 36 CFR 60).
(3) Title 36 of the Code of Federal
			 Regulations Part 61 ( 36 CFR 61).
(4) Title 36 of the Code of Federal
			 Regulations Part 63 ( 36 CFR 63).
(5) Title 36 of the Code of Federal
			 Regulations Part 800 ( 36 CFR 800).
(6) Contract requirements outlined in the
			 state of Iowa's Historic Preservation fund grant agreement with the National
			 Park Service, including requirements described in the Historic Preservation
			 Fund Grants Manual, special conditions attached to the grant agreement, and any
			 other National Park Service requirement considered a condition of receiving the
			 annual federal grant.
(7)
			 Nationwide Programmatic Agreements and other federal program alternatives
			 executed or issued by the Advisory Council on Historic Preservation under 36
			 CFR §800.14, as applicable.
(8) State-level programmatic agreements and
			 memoranda of agreements executed under 36 CFR §§800.6 and
			 800.14.
(9) Easements and covenants
			 granted pursuant to the implementation of state historic preservation program
			 activities.
(10) Iowa Code chapter
			 303.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 42 - Review and Compliance Program › Rule 223-42.3 - Professional Qualifications

Current through Register Vol. 47, No. 3, July 24, 2024
In keeping with federal Historic Preservation Fund grant
				requirements, the department shall employ a professionally qualified staff that
				meets the requirements set forth in 36 CFR sect 61.4(e).
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 42 - Review and Compliance Program › Rule 223-42.4 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Unless the context requires otherwise, the definitions provided
				in the National Historic Preservation Act and its implementing regulations at
				36 CFR Part 60, 36 CFR Part 61, and 36 CFR Part 800 shall apply to terms as
				they are used through this chapter In addition, the following definitions
				apply:
"Act"
means the National Historic Preservation
				Act (16 U.S.C. sect470 et seq.).
"Agency "
means federal agency.
"Agreement"
means any agreement executed in
				accordance with the regulations implementing Section 106 at 36 CFR Part 800 and
				any agreement authorized by Iowa Code section
				28E.4.
"Area of potential effects"
or
"APE"
means the geographic area or areas within which an
				undertaking may directly or indirectly cause alterations in the character or
				use of historic properties, if any such properties exist. The area of potential
				effects is influenced by the scale and nature of an undertaking and may be
				different for different kinds of effects caused by the undertaking (36 CFR sect
				800.16(d)).
"Historic property"
means "historic property"
				as defined in Section 301(5) of the National Historic Preservation Act as
				amended through December 22, 2006 (16 U.S.C. sect 470w(5)).
"Recommendations and decisions "
means the
				actions taken by the SHPO to advise and assist federal agencies in carrying out
				their Section 106 responsibilities.
"Undertaking"
means, as defined in Section301
				of the National Historic Preservation Act, a project, activity, or program
				funded in whole or in part under the direct or indirect jurisdiction of a
				federal agency, including (I) those carried out by or on behalf of the federal
				agency; (2) those carried out with federal financial assistance; (3) those
				requiring a federal permit, license or approval; and (4) those subject to state
				or local regulation administered pursuant to a delegation or approval by a
				federal agency.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 42 - Review and Compliance Program › Rule 223-42.6 - Level of Effort Required to Identify Historic Properties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The level of effort required to meet the
			 "reasonable and good faith" standard in Section 106 review is set forth in 36
			 CFR §800.4. The level of effort required shall be based on past planning,
			 research and studies; the magnitude and nature of the undertaking and the
			 degree of federal involvement; the nature and extent of potential effects on
			 historic properties; and the likely nature and location of historic properties
			 within the APE and may consist of any combination of background research,
			 consultations, oral history interviews, sample field investigations and field
			 surveys. In order to balance the mission and needs of a federal agency and its
			 proposed project, the SHPO shall balance the level of effort and resources
			 necessary to identify and preserve archaeological sites with the project
			 benefits, costs, schedules and local issues that, in part, comprise the broader
			 public interest.
(2) In response to
			 the agency's request for consultation, the SHPO shall base any recommendation
			 for the identification of historic properties upon a review of the
			 documentation provided by an agency pursuant to the reasonable and good-faith
			 standard in conformance with the factors set forth in 36 CFR
			 §800.4(b)(1).
(3) It is the
			 statutory obligation of the federal agency to fulfill the requirements of
			 Section 106.
(4) The level of
			 effort required of rural electric cooperatives and municipal utilities shall be
			 consistent with the requirements set forth in 2011 Iowa Code Supplement section
			 303.18.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 42 - Review and Compliance Program › Rule 223-42.7 - Review and Appeal of the Recommendations and Decisions of the State Historic Preservation Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In addition
			 to any other review or appeal process afforded under federal or state law and
			 regulations, the recommendations and decisions of the state historic
			 preservation officer are subject to the review and approval of the director
			 This review may be initiated by the director for any reason or may be requested
			 in the manner described in this rule.
(2) A person, as defined in Iowa Code section
			 4.1(20),
			 requesting the review of a recommendation or decision of the state historic
			 preservation officer directly affecting that person shall provide the director
			 with the following information, orally or in writing:
a. Name and address of the
			 requester
b. A description of the
			 action of the SHPO requested to be reviewed.
c. A short and plain statement of the reasons
			 the review is requested.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 43 - Technical Assistance Program › Rule 223-43.2 - Regulations

Current through Register Vol. 47, No. 3, July 24, 2024
Technical assistance is provided as resources permit. First
				priority is given to projects relating to the National Register of Historic
				Places, the Certified Local Government program or a local preservation
				commission, and the preservation partnership program.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 43 - Technical Assistance Program › Rule 223-43.3 - Services

Current through Register Vol. 47, No. 3, July 24, 2024
The technical assistance program provides service in these four
				areas:
1. Planning assistance. This
			 program provides on-site or other forms of consultation in the preparation and
			 review of a community or county historic preservation plan.
2. Project monitoring. The staff provides
			 on-site or other forms of project monitoring and facilitation.
3. Local ordinance review and local historic
			 district organization. In accordance with Iowa Code subsection
			 303.34(4),
			 the local commission shall submit the draft or final ordinance for review and
			 approval by the staff. An existing commission shall similarly submit proposed
			 local historic district designations for review and approval to the staff.
			 Comments by the appropriate staff shall be supplied within 45 days from the
			 receipt of complete documentation.
4. General technical assistance. Technical
			 assistance in the physical preservation of properties is provided by staff This
			 service is provided on an individual request and time available basis. The
			 services provided by the staff shall not substitute for private professional
			 services.
All inquiries and requests may be directed to the Deputy State
				Historic Preservation Officer, State Historical Society of Iowa, Capitol
				Complex, Des Moines, Iowa 50319, (515)281-8741.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 46 - Main Street Linked Investments Loan Program › Rule 223-46.1 - Program Administered

Current through Register Vol. 47, No. 3, July 24, 2024
The main street linked investments loan program is administered
				jointly by the treasurer of state, department of economic development, and the
				state historical society. The rules of the society for this program are
				identical to the rules of the department of economic development for this
				program and are adopted by reference. See 261 lAC 43. The rules of the
				treasurer of state concerning funding of the program appear as 781 lAC
				4.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 47 - Historic Property Rehabilitation Tax Exemption › Rule 223-47.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
Property owners desiring property tax benefits for substantial
				rehabilitation of historic buildings may apply for certification of completed
				work to the consulting architect of the state historical society of Iowa.
				Applicants are encouraged to apply for preliminary review and approval prior to
				start of rehabilitation work to prevent delays in certification of completed
				work or denials caused by unacceptable rehabilitation work.
Approved certifications of completed work may then be filed by
				the property owner with the assessor of the jurisdiction who shall certify the
				eligibility of the property for exemption and forward the application to the
				board of supervisors.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 47 - Historic Property Rehabilitation Tax Exemption › Rule 223-47.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions listed in Iowa Code section
				17A.2 and rules
				223-1.2 (303) and
				223-35.2 (303) shall
				apply for terms as they are used throughout this chapter In addition, the
				following definitions apply:
"Application for certification "
means the
				application for approval of substantial rehabilitation work to a historic
				property filed with the state historical society of Iowa.
"Application for exemption"
means the
				application for a property tax exemption filed with the assessor for the
				substantial rehabilitation work on a historic property certified as approved by
				the state historic preservation officer
"Base year valuation "
means the assessed
				valuation for the building on January I of the year in which the rehabilitation
				work was initiated.
"Exemption "
means the temporary release from
				the increase in valuation due to certified substantial rehabilitation of a
				historic property and is dependent on maintaining the certification from the
				state historic preservation officer
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 47 - Historic Property Rehabilitation Tax Exemption › Rule 223-47.3 - Program Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The staff of the society shall review and evaluate proposed and completed
			 substantial rehabilitation applications. The state historic preservation
			 officer shall provide applicants of approved projects with a certification of
			 completed work.
(2) Boards of
			 supervisors shall establish their priorities for which an exemption may be
			 granted. Examples of exemption priorities may be: a maximum annual dollar
			 amount of exemptions allowed on a first-come basis; types of historic
			 properties as defined in Iowa Code section
			 427.16;
			 property types defined by use or location; exclusion of properties within a tax
			 increment financing or special muncipal improvement district; or other criteria
			 specified by the board of supervisors. An annual priority list shall be
			 established by boards of supervisors as required by Iowa Code section
			 427.16.
(3) An annual report listing all historic
			 properties in the County for which an exemption has been granted shall be
			 prepared by the assessor on or before July I, submitted to the respective
			 County auditor and to the state historic preservation officer
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 47 - Historic Property Rehabilitation Tax Exemption › Rule 223-47.4 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All
			 applications for exemption eligibility submitted to the assessor and board of
			 supervisors shall have received a certification of completed work from the
			 state historic preservation officer The approved certification shall be
			 attached to the exemption application.
(2) Applications for eligibility shall be
			 evaluated using the board of supervisors' adopted priority list.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 47 - Historic Property Rehabilitation Tax Exemption › Rule 223-47.5 - Application for Exemption Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All applications for exemption shall be
			 submitted on the historic property rehabilitation tax exemption form prescribed
			 by the department of revenue. All applications shall have attached an approved
			 application for certification of completed work. Forms may be obtained from the
			 Department of Revenue, Capitol Complex, Des Moines, Iowa 50319; Consulting
			 Architect, State Historical Society of Iowa, Capitol Complex, Des Moines, Iowa
			 50319, telephone (515)281-8719; or the office of the appropriate assessor or
			 board of supervisors.
(2)
			 Applications for certification of completed work shall provide historical,
			 architectural and financial information; and plans, photographs and maps as
			 required on the application form.
a. Part I of
			 the application form shall establish the significance of the property. As a
			 minimum, current photographs of all exterior sides of the building, the
			 streetscape and representative views of the interior shall be provided. Where
			 property is within a National Register Historic District or area of historic
			 significance as defined in Iowa Code section
			 303.20 or
			 303.34,
			 a map locating the property within the boundaries of the area shall be
			 provided.
b. Part 2 of the
			 application form shall detail the existing conditions and the proposed
			 rehabilitation workplan. Photographs shall show specific areas of work and both
			 the interior and exterior conditions prior to the start of work.
c. Request for Certification of Completed
			 Work (part 3) shall document the completed work. Photographs shall show
			 specific areas where work has been completed and both the interior and exterior
			 conditions after the completion of work.
d. Applicants are strongly encouraged to
			 obtain approvals on parts I and 2 of the application prior to the start of
			 work. Applicants shall file completed part 3 application forms with the state
			 historical society of Iowa on or before December 31 for work completed that
			 calendar year. Applicants whose work is approved shall file certifications of
			 completed work as part of their application for exemption with their assessor
			 on or before March I of the appropriate tax year
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 47 - Historic Property Rehabilitation Tax Exemption › Rule 223-47.6 - Review and Approval Standards for Applications for Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Project
			 certification shall be based on the Secretary of the Interior's Standards for
			 Rehabilitation and Guidelines for Rehabilitating Historic Buildings, 36 CFR
			 Part 67.7(1990), National Park Service, Preservation Assistance Division,
			 Washington, D.C. 20013-7127.
(2)
			 The standards apply equally to interior and exterior work. All reviews shall
			 consider the entire rehabilitation project, including any new construction on
			 site, rather than only a lunited segment of the project; and the certification
			 shall be based on conformity of the total project to the standards.
(3) If required documentation is incomplete
			 and the review and evaluation cannot be completed, the project shall be denied
			 the requested certification. The applicant shall be notified by the
			 society.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 47 - Historic Property Rehabilitation Tax Exemption › Rule 223-47.7 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Decisions made by the society or its designee adversely
				affecting applicants may be appealed pursuant to 221-Chapter 3. 
				1
1 See Notice of Intended Action ARC
				1811A, lAB 3/20/91.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
A historic preservation and cultural and entertainment district
				tax credit (hereafter referred to as historic tax credit) for the substantial
				rehabilitation of eligible commercial property, residential property and bams
				located in this state is granted to approved projects, subject to availability
				of the credit, to apply against the income tax imposed under Iowa Code chapter
				422, division II, III, or V, or Iowa Code chapter 432. Historic tax credits are
				restricted to rehabilitation projects for eligible properties in Iowa.
				Rehabilitation projects for eligible properties must be conducted in accordance
				with the federal Standards for Rehabilitation ( 36 CFR Part 67.7) as described
				in the U.S. Secretary of the Interior's Standards for the Treatment of Historic
				Properties (hereafter referred to as Standards).
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.3 - Eligible Property

Current through Register Vol. 47, No. 3, July 24, 2024
"Eligible property" means property for which a taxpayer may
				receive the historic preservation and cultural and entertainment district tax
				credit computed under this chapter and includes all of the following:
1. Property listed on the National Register
			 of Historic Places or eligible for such listing.
2. Property designated as of historic
			 significance to a district listed in the National Register of Historic Places
			 or eligible for such designation.
3. Property or district designated a local
			 landmark by a city or county ordinance.
4. A bam constructed prior to 1937.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.4 - Qualified and Nonqualified Rehabilitation Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1) "Qualified rehabilitation costs" means
			 expenditures made for the rehabilitation of eligible property and includes
			 qualified rehabilitation expenditures as defined in Section 47 of the Internal
			 Revenue Code.
a. Qualified rehabilitation
			 costs include amounts if they are properly includable in computing the basis
			 for tax purposes of the eligible property.
b. Amounts treated as an expense and deducted
			 in the tax year in which they are paid or incurred and amounts that are
			 otherwise not added to the basis for tax purposes of the eligible property are
			 not qualified rehabilitation costs.
c. Amounts incurred for architectural and
			 engineering fees, site survey fees, legal expenses, insurance premiums,
			 development fees, and other construction-related costs are qualified
			 rehabilitation costs to the extent they are added to the basis for tax purposes
			 of the eligible property.
d. Costs
			 of sidewalks, parking lots, and landscaping do not constitute qualified
			 rehabilitation costs.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.5 - Rehabilitation Cost Limits and Amount of Credit

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The amount of the tax credit equals 25
			 percent of the qualified rehabilitation costs incurred for the substantial
			 rehabilitation of eligible property, subject to the provisions in subrule
			 48.6(8). Rehabilitation projects that do not meet the definition of a
			 substantial rehabilitation are not eligible to receive a historic tax
			 credit.
(2) Computing the tax
			 credit. The state historic preservation office (hereinafter referred to as
			 SHPO) shall compute the tax credit based on the final qualified rehabilitation
			 costs documented on part three of the application and shall issue a tax credit
			 certificate pursuant to subrule 48.6(8).
a.
			 For projects for which part two of the application was approved and tax credits
			 were reserved before July 1, 2009: The only costs which may be included on part
			 three of the application are the qualified rehabilitation costs incurred
			 between the period ending on the project completion date and beginning on the
			 date two years prior to the project completion date, provided that any
			 qualified rehabilitation costs incurred prior to the date on which part two of
			 the application was approved must be qualified rehabilitation expenditures
			 under the federal rehabilitation credit in Section 47 of the Internal Revenue
			 Code.
b. For projects for which
			 part two of the application was approved on or after July 1, 2009: The only
			 costs which may be included on part three of the application are those
			 qualified rehabilitation costs incurred for the rehabilitation of eligible
			 property during the rehabilitation period, provided that any costs incurred
			 prior to the date on which part two of the application was approved must be
			 qualified rehabilitation expenditures as defined in Section 47(c)(2) of the
			 Internal Revenue Code.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.8 - Sequencing of Applications for Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Order of review.
The
			 SHPO anticipates the receipt of a large number of applications for historic tax
			 credits for projects with qualified rehabilitation costs in excess of $750,000
			 at the beginning of each state fiscal year. At the start of each state fiscal
			 year, the SHPO will utilize a project review sequencing and prioritization
			 system to establish the order in which applications will be reviewed.
a. Applications for projects with qualified
			 rehabilitation costs of $750,000 or less applying for credits from the small
			 projects fund will be accepted and reviewed throughout the calendar year until
			 all available credits from that fund are reserved. When all available credits
			 are reserved from the small projects fund, subsequent applications will be
			 accepted utilizing the procedures in subrules 48.8(2) to 48.8(7).
b. If all available credits are reserved
			 before review of all projects submitted within the filing window specified in
			 subrule 48.8(2), applications not reviewed will be returned to the
			 applicant.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.10 - Project Commencement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Once a tax credit reservation is made for a project, rehabilitation must begin
			 before the end of the state fiscal year in which the SHPO approved part two of
			 the application. The applicant shall submit to the SHPO a project commencement
			 report and cover letter certifying the commencement date of rehabilitation and
			 outlining expenditure of qualified rehabilitation costs. This report and cover
			 letter are due within the first ten working days of the next state fiscal year.
			 Information about the project commencement report is available from the Tax
			 Incentives Program Manager, State Historic Preservation Office, Department of
			 Cultural Affairs, 600 E. Locust Street, Des Moines, Iowa 50319-0290. It may
			 also be downloaded from the department of cultural affairs-state historical
			 society of Iowa Web site.
(2) In
			 the event rehabilitation on a project does not begin before the end of the
			 state fiscal year in which the SHPO approved part two of the application, the
			 SHPO shall recapture the tax credit reservation in accordance with the
			 provisions of rule
			 223-48.12
			 (303,404A). Beginning on and after July 1, 2014, the recaptured reserved tax
			 credit amount shall only be available for award to the extent provided by Iowa
			 Code chapter 404A as in effect beginning July 1,2014, and Division II of this
			 chapter.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.11 - Project Completion and Eligible Property Placed in Service

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Once a tax
			 credit reservation is made for a project, construction must be completed and
			 the eligible property must be placed in service as follows:
a. For projects for which part two of the
			 application was approved and tax credits reserved before July 1, 2009: The
			 project shall be completed and the building shall be placed in service on or
			 before June 30, 2011.
b. For
			 projects for which part two of the application was approved and tax credits
			 were reserved on or after July 1,2009, and before July 1,2014: The project
			 shall be completed and the eligible property shall be placed in service within
			 60 months of the date on which part two of the application was approved or 72
			 months of the date on which part two of the application was approved if more
			 than 50 percent of the qualified rehabilitation costs are incurred within 60
			 months of the date on which part two of the application was approved and the
			 applicant requests the 12-month extension in writing from the SHPO.
(1) If the applicant requests the 12-month
			 extension from the SHPO to complete the project and place the building in
			 service, the applicant must complete a qualified rehabilitation costs schedule
			 and cover letter documenting the expenditure of more than 50 percent of the
			 qualified rehabilitation costs estimated in part two of the application. This
			 report and cover letter are due within 30 days of the end of the 60-month
			 period. Information about the qualified rehabilitation costs schedule is
			 available from the Tax Incentives Program Manager, State Historic Preservation
			 Office, Department of Cultural Affairs, 600 E. Locust Street, Des Moines, Iowa
			 50319-0290. The qualified rehabilitation costs schedule may be downloaded from
			 the department of cultural affairs-state historical society of Iowa Web
			 site.
(2) If the applicant does not
			 request the additional 12 months from the SHPO, the applicant will be held to
			 the requirement that the building be placed in service within 60 months of the
			 date on which part two of the application was approved.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.14 - Redemption of Tax Credit Certificate

Current through Register Vol. 47, No. 3, July 24, 2024
The tax credit holder shall attach the tax credit certificate
				and a copy of the signed part three of the application to the taxpayer's state
				income tax return and submit these documents to the department of revenue in
				the tax year for which the tax credit certificate is valid or the tax year in
				which the rehabilitation project was completed, whichever is the
				later.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.15 - Tax Credits in Excess of Tax Liability

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An applicant whose tax credit exceeds the
			 tax liability in the tax year for which the tax credit may be redeemed is
			 entitled to a refund of the excess tax credit with interest under Iowa Code
			 section
			 422.25.
			 See also administrative rules of the department of revenue, particularly rules
			 701-42.19(404A,422) and
			 701-52.18
			 (404A,422).
(2) In lieu of a
			 refund, the applicant may have the excess tax credit applied to the tax
			 liability for the following year.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.16 - Application Processing Fees

Current through Register Vol. 47, No. 3, July 24, 2024
A nonrefundable fee for application processing of parts two and
				three of an application will be charged for review of requests for
				certification of a rehabilitation project for historic tax credits. An initial
				review fee will be due with the filing of part two of an application. An
				additional fee for review of completed rehabilitation work will be due with the
				filing of part three of an application. Fees will be based on the amount of
				qualified rehabilitation costs. The fee schedule is as follows:
For projects with qualified reliabilitation costs of:
Part 2 Processing Fee
Part 3 Processing Fee
$50,000 or less
No cost
No cost
$50,001 to $100,000
$250
$250
$100,001 to $500,000
$500
$500
$500,001 to $1,000,000
$750
0.5 percent of qualified rehabilitation costs
						(i.e., 0.005 X costs)
$1,000,001 to $6,000,000
$1,000
Over $6,000,000
$1,500
$30,000
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.17 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Applicants may
			 appeal a decision of the SHPO on any of the following bases:
a. Action was outside statutory
			 authority;
b. Decision was
			 influenced by a conflict of interest;
c. Action violated state law or
			 administrative rules;
d.
			 Insufficient public notice was given; or
e. Alteration of the review and certification
			 process was detrimental to the applicant.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.21 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
A historic preservation and cultural and entertainment district
				tax credit (hereinafter referred to as "historic tax credit") may be applied
				against the income tax imposed under Iowa Code chapter 422, division II, III,
				or V, or Iowa Code chapter 432 for qualified rehabilitation projects that have
				entered into and complied with an agreement with the department of cultural
				affairs (hereinafter referred to as "the department") and complied with all
				applicable terms, laws, and rules. The program is administered by the
				department with the assistance of the department of revenue. The general
				assembly has mandated that the department and the department of revenue adopt
				rules to jointly administer Iowa Code chapter 404A. In general, the department
				evaluates whether projects comply with the prescribed standards for
				rehabilitation. The department shall make determinations on applications
				submitted to the program. The department may consult with the department of
				revenue on any matters related to Iowa Code chapter 404A, the administrative
				rules of the department, and any agreement entered into under Iowa Code chapter
				404A, including but not limited to issues related to whether projects or
				claimed expenditures comply with the tax aspects of the program. After
				consulting with the department of revenue and verifying whether the
				requirements of the program and any agreement have been fulfilled, the
				department shall make the determination on an eligible taxpayer's tax credit
				claim. This chapter sets forth the administration of the program by the
				department. The administrative rules for the department of revenue's
				administration of the program can be found in rules
				701-42.19
				(404A,422),
				701-42.54
				(404A,422),
				701-52.18
				(404A,422), and
				701-58.10
				(404A,422).
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.23 - Amount of the Tax Credit

Current through Register Vol. 47, No. 3, July 24, 2024
An eligible taxpayer that has entered into and complied with an
				agreement under Iowa Code section
				404A.3(3)
				 and has complied with the program statute
				and rules is eligible to claim a historic preservation and cultural and
				entertainment district tax credit of 25 percent of the qualified rehabilitation
				expenditures of a qualified rehabilitation project that are specified in the
				agreement. Notwithstanding any other provision in Iowa Code chapter 404A, this
				chapter, or any provision in the agreement to the contrary, the amount of the
				tax credits shall not exceed 25 percent of the final qualified rehabilitation
				expenditures verified by the department pursuant to Iowa Code section
				404A.3(5)
"c."
This rule is intended to implement Iowa Code section
				404A.2
				as amended by 2014 Iowa Acts, House File 2453.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.24 - Management of Annual Aggregate Tax Credit Award Limit

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall not register, as described in rule
				223-48.31
				(404A), more projects in a given fiscal year for tentative awards than there
				are tax credits available for that fiscal year under Iowa Code section
				404A.4.
				The department will determine the projects for which sufficient tax credits are
				available based on the estimated qualified rehabilitation expenditures
				identified in the registration application, plus allowable cost overruns as
				described in paragraph 48.32(1)
"c. "
(1)
Registration scoring.
If
			 applicants' total tax credit requests from a fiscal year allocation exceed the
			 tax credit allocation for that fiscal year, the department will prioritize its
			 determinations based on the applicants' registration scores. If, after
			 determining the projects for which sufficient tax credits are available, the
			 department determines there are insufficient tax credits in the fiscal year
			 allocation to fully award the next highest scoring project, then to maximize
			 the use of the available tax credits, the department in its sole discretion may
			 register the project with the next highest score whose tentative tax credit
			 award amount, including allowable cost overruns as described in paragraph
			 48.32(1)
"c, "
would not cause the department to exceed the
			 annual aggregate tax credit award limit, so long as the project meets the
			 minimum score as described in rule
			 223-48.31
			 (404A). If there are no more projects that meet the minimum score described in
			 rule
			 223-48.31
			 (404A) that can be fully funded, the department in its sole discretion may make
			 the remaining tax credits available for small projects or allow the remaining
			 tax credits for the fiscal year to carry forward to the succeeding fiscal year
			 to the extent permitted by Iowa Code section
			 404A.4.
(2)
Registrations for future tax
			 credit allocations.
Registrations for future tax credit allocations
			 require a new application. When registering projects for a particular fiscal
			 year, the department shall not award, reserve, or register tax credits from
			 future fiscal years' tax credit allocations. An applicant whose project is not
			 registered due to an insufficient score or noncompliance with the application
			 or the program statute or rules may submit future applications for future
			 fiscal year tax credit allocations.
(3)
Reallocation or rollover of
			 available tax credit awards.
Tax credits may be reallocated or rolled
			 over into future fiscal years to the extent permitted by Iowa Code section
			 404A.4.
This rule is intended to implement Iowa Code section
				404A.4
				as amended by 2014 Iowa Acts, House File 2453.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.25 - Application and Agreement Process, Generally

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All applications and other filings
			 related to the program shall be on such forms and in accordance with such
			 instructions as may be established by the department from time to time. The
			 current forms and instructions will be posted to the department's Web
			 site.
(2) An application shall not
			 be considered submitted for review until the application is completed and all
			 required supporting documentation and information are provided.
(3) The application and agreement process
			 consists of six steps:
a. The applicant
			 submits a Part 1 application, which is used to evaluate the property's
			 integrity and significance.
b.
			 Unless the Part 1 application is denied, the applicant participates in a
			 preapplication meeting with the department to discuss what to expect for the
			 remainder of the application process.
c. If the Part 1 application is approved and
			 the preapplication meeting is completed, the applicant submits a Part 2
			 application, which is used to evaluate the proposed rehabilitation
			 work.
d. If the Part 2 application
			 is approved, the applicant submits a registration application, which is used to
			 score the applicant's rehabilitation plan and financial readiness. If the
			 project is awarded a sufficient registration score, satisfies other
			 requirements of the application and program, and sufficient tax credits are
			 available, the department may register the project.
e. If the project is registered, the
			 applicant may enter into an agreement with the department that establishes the
			 maximum amount of the tax credit award and the terms and conditions that must
			 be met to receive the tax credits. An applicant must enter into and comply with
			 an agreement in order to participate in the program and claim any tax
			 credits.
f. Once the project is
			 completed and the property is placed in service, the applicant submits a Part 3
			 application, which is used to evaluate whether the completed work meets the
			 federal standards and the other requirements of the agreement, laws, and
			 regulations of the program.
A more detailed description of each step is provided in rules
				223-48.28(404A) through 223-8.33 (404A).
This rule is intended to implement Iowa Code chapter 404A as
				amended by 2014 Iowa Acts, House File 2453.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.26 - Small Projects

Current through Register Vol. 47, No. 3, July 24, 2024
Projects with anticipated final qualified rehabilitation
				expenditures of more than $750,000 will be evaluated as large projects.
				Projects with $750,000 or less in anticipated final rehabilitation expenditures
				will be evaluated as small projects. If an applicant anticipates that the final
				qualified rehabilitation expenditures will exceed $750,000, the applicant may
				only submit its application as a large project. The department will not permit
				a small project applicant to submit additional or amended applications that
				would cause the final qualified expenditures to exceed $750,000.
(1)
Small project fund.
The
			 department shall allocate at least 5 percent of its annual fiscal year tax
			 credit award limit to small projects.
(2)
Aggregate award limit.
For applicants that receive credits from the small project allocation, the
			 cumulative total award for multiple applications for a single property shall
			 not exceed $750,000 in qualified rehabilitation expenditures plus any allowable
			 cost overruns as described in paragraph 48.32(1)
"c, "
regardless of the final qualified rehabilitation expenditures. The department
			 will not accept an application by the same owner for a property for which
			 credits were previously received through the small project fund if the
			 application causes the cumulative total to exceed $750,000, plus any allowable
			 cost overruns as described in paragraph 48.32(1)
"c. "
(3)
Application and
			 agreement process.
The Part 1, Part 2, and Part 3 application process
			 and the agreement requirements are the same for small projects as for large
			 projects. The registration process for small projects differs from that for
			 large projects. See subrule 48.31(9) for more information on the registration
			 process for small projects.
This rule is intended to implement Iowa Code section
				404A.4
				as amended by 2014 Iowa Acts, House File 2453.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.27 - Who May Apply for the Tax Credit

Current through Register Vol. 47, No. 3, July 24, 2024
Only an eligible taxpayer may apply for the tax credit. To be
				an eligible taxpayer, the applicant must be either (1) the fee simple owner or
				(2) a person that will ultimately qualify for the federal rehabilitation credit
				with respect to the qualified rehabilitation project. A nonprofit organization
				as described in rule
				223-48.22 (404A) may
				apply for the tax credit if the nonprofit organization is the fee simple owner
				of the property.
(1)
Applicants that are fee simple owners.
If the applicant
			 qualifies as an eligible taxpayer on the basis that the applicant is the fee
			 simple owner of the property, the applicant will be expected to provide proof
			 of title as described in subrule 48.28(2).
(2)
Applicants that will qualify for
			 the federal credit.
If the applicant qualifies as an eligible taxpayer
			 on the basis that the applicant will qualify for the federal rehabilitation
			 credit with regard to the property, the applicant will be asked to provide
			 increasingly substantial evidence as described in rule
			 223-48.30
			 (404A) that the applicant will qualify for the federal credit, culminating with
			 proof of actual fee simple ownership or a long-term lease that meets the
			 requirements of the federal rehabilitation credit before the agreement is
			 entered into with the department. Applicants that are eligible to apply under
			 this subrule must obtain from the fee simple owner of the property a written
			 statement which indicates that the owner is aware of the application and has no
			 objection and include the statement with the application.
(3)
Who may not apply.
Government bodies as defined in Iowa Code section
			 362.2 may not apply.
			 Additionally, an applicant may not initiate the application process to apply
			 for tax credits by submitting a Part 1 application on a project if all of the
			 work has been completed and the qualified rehabilitation project has already
			 been placed in service.
This rule is intended to implement Iowa Code sections
				404A.1
				and 404A.3 as amended by 2014 Iowa Acts, House File
				2453.
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.28 - Part 1 Application-evaluation of Significance

Current through Register Vol. 47, No. 3, July 24, 2024
The Part 1 application is used to determine whether the
				property is eligible to be a qualified rehabilitation project.
(1)
Types of property that are
			 eligible.
The property must meet the federal standards for historical
			 significance.
(2)
Proof of
			 status as eligible taxpayer.
The Part 1 application may be submitted
			 by an eligible taxpayer as described in rule
			 223-48.27
			 (404A).
a. To prove the applicant is the fee
			 simple owner, the applicant will be expected to provide title documentation. If
			 the title is held in the name of an entity, the application must be accompanied
			 by documentation which indicates that the signatory is the authorized
			 representative of the entity.
b. If
			 the applicant is not the fee simple owner but plans to apply for the federal
			 rehabilitation credit, the applicant must provide a copy of the approved
			 federal Part 1 application, unless the property is individually listed on the
			 National Register of Historic Places. The applicant must also certify that the
			 applicant plans to apply and expects to qualify for the federal credit, and the
			 applicant must provide proof of permission from the fee simple owner as
			 described in subrule 48.27(2).
Iowa Administrative Code › Agency 223 - Historical Division › Chapter 48 - Historic Preservation and Cultural and Entertainment District Tax Credits › Rule 223-48.29 - Preapplication Meeting

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of the preapplication meeting is to provide
				feedback to the applicant and other interested parties that will enable the
				applicant to better plan and prepare for submission of the Part 2 and
				registration applications.
(1)
Meeting requests.
Once the completed Part 1 application is
			 submitted, the applicant may request a preapplication meeting by using the form
			 available on the department's Web site.
(2)
Timing of the preapplication
			 meeting.
The meeting must take place no fewer than 30 days after the
			 submission of the Part 1 application and prior to submission of the Part 2
			 application. Meetings may be held by teleconference at the department's
			 discretion.
(3)
Required
			 information.
The applicant must bring at least the following items to
			 the meeting: preliminary drawings, photographs of the exterior (all elevations)
			 and interior, a preliminary list of character-defining features and treatments
			 or a draft Part 2 application, and a list of questions for which specific
			 guidance is needed. The department may request additional information. If the
			 preapplication meeting will be held by telephone, the required documents must
			 be submitted electronically at least one week prior to the meeting date.
This rule is intended to implement Iowa Code section
				404A.3
				as amended by 2014 Iowa Acts, House File 2453.