LD 1540
pg. 1
LD 1540 Title Page An Act to Create a Historic Preservation Tax Credit Page 2 of 2
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LR 1453
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 36 MRSA §5219-Q is enacted to read:

 
§5219-Q.__Rehabilitation of historic properties tax credit

 
1.__Definitions.__As used in this section, unless the context
otherwise indicates, the following terms have the following
meanings.

 
A.__"Qualified costs" are those activities that contribute
to the rehabilitation of a historic building that are
defined by the Standards for Rehabilitation issued by the
United States Secretary of the Interior.

 
B.__"Rehabilitation project" means a project undertaken by
the owner or lessee of an income-producing building or other
structure located within a national historic district or
listed in or eligible for listing in the National Register
of Historic Places to rehabilitate that building or other
structure.__The project must be reviewed and approved by the
certified local government or the Maine Historic
Preservation Commission if there is no certified local
government to approve the project.__The reviewing
commission's or certified local government's fee may not be
less than $250 or more than $1,000 based on the cost of the
project.__In approving a project, the reviewing commission
or certified local government must use the Standards for
Rehabilitation issued by the United States Secretary of the
Interior and the Uniform Code for Building Conservation.

 
2.__Credit.__A taxpayer who has incurred qualified costs equal
to or exceeding $5,000 during the taxable year is allowed a
credit against the tax imposed by this Part for each taxable year
equal to 20% of the total cost of rehabilitation of historic
properties located within the State for the tax year.__This
credit applies to tax years beginning on or after January 1,
2000.

 
3.__Limitations.__The amount of credit allowed in subsection 2
may not exceed $100,000.__In no case may this credit reduce the
Maine income tax to less than zero.

 
4.__Carry over.__Any unused credit as a result of the
limitation imposed by subsection 3 may be carried over to the
following year or years for a period not to exceed 5 years.

 
5.__Recapture.__If a taxpayer disposes of a rehabilitated
historic property within 5 years of completion of the
rehabilitation project, the tax imposed by this Part for the

 
taxable year in which the disposition occurs is increased by the
following amounts:


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