(b) (c) The OHP establishes program directions in coordination with the California Tax Allocation Committee (CTCAC). and considers appeals of certification denials. It is the responsibility of owners wishing certifications to provide sufficient documentation to the OHP to make certification decisions. These procedures, upon their effective date, are applicable to future and pending certification requests, except as otherwise provided herein.
(1) The OHP is responsible for ensuring that the proposed rehabilitation project meets the Secretary of the Interior’s Standards for Rehabilitation and that the property is a certified historic structure or that is a qualified residence or a certified historic building. Requests for certifications and approval of proposed rehabilitation work are sent by an owner to the OHP. State comments are recorded on State Tax Credit Review Sheets.
(2) The CTCAC is responsible for all procedures, legal determinations, and rules and regulations concerning tax credit allocation and compliance. the tax consequences of the historic preservation provisions described in this part.
(c) (d) T ax credits are allocated to for three funding categories as interpreted in the Revenue and Tax Code 17053.91(j) and 23691(j):
(1) A certified historic structure that is a qualified residence; and
(2) A certified historic building with qualified rehabilitation expenditures of less than one million dollars; and
(3) A certified historic building with qualified rehabilitation expenditure of one million dollars or more.
(d) Projects completed before January 1, 2022 do not qualify to apply for the state historic rehabilitation tax credit.
(1) Federal tax credit projects completed or participating in the federal review process on or after January 1, 2022 must submit an Initial Project application with fees to receive approval from OHP and tax allocation from the CTCAC.
- (2) After a tax allocation has been received, subsequently completed projects must submit the Completed Project Application with fees.
Sections 17053.91 and 23691 of the Revenue and Taxation Code; Section 5024.6, Public Resources Code.
References: Secretary of the Interior’s Standards for Rehabilitation, Part 67.7 of Title 36 of the Code of Federal Regulations; Sections 17053.91 and 23691, Revenue and Taxation Code.
