Current through Register Vol. 43, No. 02, November 27, 2024
(1)
Delivery.
Applications for the Program will be accepted beginning on October 1, 2013 and
continuously thereafter. Applications should be delivered to the
Commission.
(2)
Project
Review Priority. Applications for Tax Credit Allocation
Reservations are placed on a Reservation Priority List in the order in which
they are received and will be reviewed in that order. Complete Applications
that include Parts A and B and all attachments will be eligible for a Tax
Credit Allocation Reservation in that same priority order. Incomplete
Applications will be removed from the list.
Applications received on the same day will be ordered in a
lottery. All Applications received on or before 5:00 p.m. Central Daylight Time
on October 1, 2013 will be considered to have been received on that date. The
lottery shall be conducted by assigning sequential numeric characters to the
Applications. The same sequential numeric characters will be written on
identical white plastic balls measuring approximately 1.5 inches in diameter (a
standard table tennis ball) and placed in a box of sufficient size to allow for
the mixing of the balls when the box is shaken. Afterward, a member of the
Commission staff shall blindly and randomly select one ball at a time and its
corresponding number will be sequentially entered onto the Reservation Priority
List. Three Commission staff persons will be present at the drawing, and the
order of the numeric characters drawn will be witnessed and recorded by staff.
The Commission's executive director will certify the review priority order of
the lottery for assignment on the Reservation Priority List.
(a)
Staff Review
Order. The staff of the Alabama Historical Commission will review
requests for Tax Credit Allocation Reservations in the following manner until
the Aggregate Tax Credit Allocation is reached:
1. The staff will review Parts A and B of the
Application to make certain that all information requested on the forms has
been provided. If all the forms are complete, the staff will proceed to the
next review step. If either of the forms is incomplete, the Application will be
determined to be incomplete, and the Application will be removed from the
Reservation Priority List. The Applicant will be notified of the Incomplete
Application and may reapply, but it will be considered to be a new
Application.
2. The staff will then
review Part A of the Application as more fully described below to determine
whether or not the building in question is a Certified Historic Structure, a
Certified Historic Residential Structure, or a Qualified Non-historic
Structure. After this determination is made, and complete Parts A and B of the
Application have been received, the Commission will issue a Tax Credit
Allocation Reservation within ninety (90) days and the staff will proceed to
the next review step. If the Applicant submits only Part A of the Application,
the Commission will notify the Applicant in writing of its
determination.
3. The staff will
then review Part B of the Application as more fully described below for the
Project's compliance with the Standards.
(3)
Application Part
A. Part A of the Application will be reviewed by a Determination
of Eligibility Committee composed of professional staff of the Commission. The
committee will determine if a property is eligible for designation as a
Certified Historic Structure, Certified Historic Residential Structure, or a
Qualified Non-historic Structure. The Applicant shall be responsible for
providing sufficient information to the Commission by which the Commission's
staff may make a determination. For the purpose of buildings that are
individually listed in the National Register, the Determination of Eligibility
Committee may appoint a single staff member to make the determination on Part A
of the Application. The Commission shall notify the Applicant in writing of any
determination it makes after completing the review of Part A of the
Application, including as part of the Tax Credit Allocation Reservation
notification.
(a) If all requested information
is not provided or if insufficient information is provided to make a
determination that a building is eligible for designation as a Certified
Historic Structure, Certified Historic Residential Structure, or a Qualified
Non-historic Structure, the Application is incomplete and will be returned to
the Applicant. If an incomplete Part A is submitted with Part B of the
Application, placement in the Reservation Priority List will be lost and any
subsequent Application for the Project shall be considered a new
Application.
(b) There is no fee to
review Part A of the Application.
(4)
Application Part
B. An Application fee is charged before the review of Part B of
the Application for its compliance with the Standards based on the amount of
estimated Qualified Rehabilitation Expenditures listed by the Applicant on the
Part B Application. The fee is not refundable. Applicants will be invoiced for
the fee upon the issuance by the Commission of a Tax Credit Allocation
Reservation. If the invoice is not paid within thirty (30) calendar days of the
Commission's issuance of the invoice, the Tax Credit Allocation Reservation
will be rescinded. The Application may be resubmitted but it shall be
considered a new Application. The fee is set at one percent (1%) of Qualified
Rehabilitation Expenditures, except that the fee shall not exceed ten thousand
dollars ($10,000.00) .
(a) The Commission
shall notify the Applicant in writing of any determination it makes upon
completing the review of Part B of the Application. In reviewing Part B of the
Application, the Commission shall determine if the Part B and the
Rehabilitation Plan are:
1. consistent with
the Standards;
2. consistent with
the Standards with specific Conditions of Information; Applications found to be
consistent with the Standards with Conditions of Information shall correct all
the conditions within thirty (30) days of receipt of the Commission review by
submitting said corrections to the Commission; otherwise the Application will
be determined to be not consistent with the Standards;
3. consistent with the Standards with
specific Conditions of Work; Applications found to be consistent with the
Standards with Conditions of Work shall provide written acceptance to the
Commission of all Conditions of Work within thirty (30) days of receipt of the
Commission review, otherwise the Application will be determined to be not
consistent with the Standards; Applications found to be consistent with the
Standards with Conditions of Work may proceed with work but will only be
eligible for the credits if the conditions listed are met as part of the
rehabilitation work but failure to follow the conditions may result in a
determination by the Commission that the project is not consistent with the
Standards; or
4. not consistent
with the Standards; Applications found to be not consistent with the Standards
at any time will be considered to be incomplete Applications and the Tax Credit
Reservation for the Project will be rescinded and the Project will be removed
from the Reservation Priority List; the Commission shall make recommendations
to the Applicant that might bring the Project into compliance with the
Standards, however no warranty is made that the recommendations will bring the
Project into compliance with the Standards; the Applicant may reapply and it
will be treated as a new Application and will be subject to a new Application
fee.
(5)
Application Part C. The Applicant shall file Part C of
the Application upon completion of the Project. The Commission shall review and
approve Part C, and the Project shall meet all other requirements of these
regulations before the Commission can issue a Tax Credit Certificate for the
Project.
(a) The Commission will review the
Part C and will verify compliance with the Approved Rehabilitation Plan. If the
completed Project is found to be in compliance with the Approved Rehabilitation
Plan and any conditions, and with the Standards, the Commission shall approve
the Project. The Commission shall notify the Applicant in writing of any
determination it makes upon completing the review of Part C of the
Application.
(b) Within ninety (90)
days, the Commission shall issue to the Applicant a Tax Credit Certificate via
a written form or letter in an amount equivalent to the lesser of the amount of
the Tax Credit Allocation Reservation or twenty-five percent (25%) of the
actual qualified rehabilitation expenses for Certified Historic Structures or
Certified Historic Residential Structures, or ten percent (10%) of the actual
qualified rehabilitation expenses for Qualified Non-historic
Structures.
(c) If the submitted
Part C is not consistent with the approved Rehabilitation Plan and the Project
cannot, in the opinion of the Commission, be brought into compliance, then the
Commission shall deny the Project and the Tax Credit Allocation Reservation
will be rescinded. No refund of fees shall be allowed.
(d) If the submitted Part C is not consistent
with the approved Rehabilitation Plan and the Project can, in the opinion of
the Commission, be brought into compliance, the Commission may issue remedial
conditions that will bring the Project into compliance with the Approved
Rehabilitation Plan. The Applicant shall complete the remedial work and file an
amended Part C within ninety (90) days of the issuance by the Commission of the
conditions for remedial work or within a time period agreed upon by the
Commission and Applicant. If the remedial work is completed so that the
Qualified Rehabilitation is consistent with the Approved Rehabilitation Plan,
then the Commission shall, within ninety (90) days, issue a Tax Credit
Certificate in an amount equivalent to the lesser of their amount of the Tax
Credit Allocation Reservation or twenty-five percent (25%) of the actual
qualified rehabilitation expenses for Certified Historic Structures or
Certified Historic Residential Structures, or ten percent (10%) of the actual
qualified rehabilitation expenses for Qualified Non-historic
Structures.
(6)
Amendment Sheet. Changes to the Project not
anticipated in the original Application shall be submitted to the Commission on
an Amendment Sheet and must be approved by the Commission as consistent with
the Standards before they are included in the Project. The Commission shall
review the Amendment Sheet and issue a determination in writing regarding
whether or not the proposed change in the Project is consistent with the
Program.
(7)
Scope of
Review. For purposes of the review of Applications for this
Program, the Project scope includes the entire building, along with any
historically associated property under the same ownership. Individual
condominiums or commercial spaces within a larger historic building are not
considered individual properties apart from the whole. The scope of review for
a Project is not limited to the work that qualifies as an eligible expense. The
review encompasses the building's site and environment, as well as any
buildings that were functionally related historically. Therefore, any new
construction and site improvements occurring on the historic property are
considered part of the Project. Likewise, all work completed six (6) months
before the submission of the Application and Rehabilitation Plan is considered
part of the Project, as is any work completed during the recapture period for
the credit.
(8)
Commission Review Not Binding on Other Programs.
Determinations that a building is a Certified Historic Structure utilizing Part
A and that a Project is a Certified Rehabilitation utilizing Parts B and C
apply only to the Alabama Rehabilitation Tax Credit Program and are not binding
on any other local or federal tax credit program. Determinations made by the
National Park Service for National Register eligibility or for compliance with
the Secretary of the Interior' s Standards for federal rehabilitation tax
credit Projects are likewise not binding on the Commission although the
Commission may take the determinations into consideration as part of their
review of a Project.
Author: Chloe Mercer, David Schneider
Statutory Authority: Act 2013-241
The
amendment to this section by
Alabama
Administrative Monthly Volume XXXII, Issue No. 12, September 30,
2014, file. 9/3/2014 is not
yet available.
