Texas Tax Code 172.105 – Certification of Eligibility
(a) Before claiming, selling, or assigning a credit under this chapter, the entity that incurred the eligible costs and expenses in the rehabilitation of a certified historic structure must request from the commission a certificate of eligibility on which the commission certifies that the work performed meets the definition of a certified rehabilitation. The entity must include with the entity’s request:
(1) information on the property that is sufficient for the commission to determine whether the property meets the definition of a certified historic structure; and
(2) information on the rehabilitation, and photographs before and after work is performed, sufficient for the commission to determine whether the rehabilitation meets the United States secretary of the interior’s Standards for Rehabilitation as defined in 36 C.F.R. § 67.7.
(b) The commission shall issue a certificate of eligibility to an entity that has incurred eligible costs and expenses as provided by this chapter. The certificate must:
(1) confirm that:
(A) the property to which the eligible costs and expenses relate is a certified historic structure; and
(B) the rehabilitation qualifies as a certified rehabilitation; and
(2) specify the date the certified historic structure was first placed in service after the rehabilitation.
Terms Used In Texas Tax Code 172.105
- Certified historic structure: means a property in this state that is:
(A) listed individually in the National Register of Historic Places;
(B) designated as a Recorded Texas Historic Landmark under § 442. See Texas Tax Code 172.101 - Certified rehabilitation: means the rehabilitation of a certified historic structure that the commission has certified as meeting the United States secretary of the interior's Standards for Rehabilitation as defined in 36 C. See Texas Tax Code 172.101
- Commission: means the Texas Historical Commission. See Texas Tax Code 172.101
- Comptroller: means the Comptroller of Public Accounts of the State of Texas. See Texas Tax Code 1.04
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Property: means real and personal property. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) The entity must forward the certificate of eligibility and the following documentation to the comptroller to claim the tax credit:
(1) an audited cost report issued by a certified public accountant, as defined by § 901.002, Occupations Code, that itemizes the eligible costs and expenses incurred in the certified rehabilitation of the certified historic structure by the entity;
(2) the date the certified historic structure was first placed in service after the rehabilitation and evidence of that placement in service; and
(3) an attestation of the total eligible costs and expenses incurred by the entity on the rehabilitation of the certified historic structure.
(d) For purposes of approving the tax credit under Subsection (c), the comptroller may rely on the audited cost report provided by the entity that requested the tax credit.
(e) An entity that sells or assigns a credit under this chapter to another entity shall provide a copy of the certificate of eligibility, together with the audited cost report, to the purchaser or assignee.