Iowa Administrative Code

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…

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 histor…

47.3(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. 47.3(2) Boards of supervisors s…

47.4(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. 47.…

47.5(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 fr…

47.6(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. 47.6(2…

be appealed pursuant to 221—Chapter 3.1 1 See Notice of Intended Action ARC 1811A, IAB 3/20/91. These rules are intended to implement Iowa Code sections 303.2 and 427.16. [Filed emergency 11/7/90—published 11/28/90, effective 11/7/90] [Filed 2/22/91, Notice 11/28/90—published 3/2…

(hereafter referred to as historic tax credit) for the substantial rehabilitation of eligible commercial property, residential property and barns located in this state is granted to approved projects, subject to availability of the credit, to apply against the income tax imposed …

48.10(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…

48.11(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 projec…

48.12(1) Project abandonment due to inability to meet commencement deadline. If the applicant has not provided the SHPO documentation of project commencement in accordance with rule 223—48.10(303,404A), the SHPO shall, by registered U.S. mail or courier sent to the last-known add…

certificate to one or more parties in accordance with department of revenue 701—subrule 42.15(6).

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 pr…

48.15(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, par…

letter to the SHPO requesting that the tax credit project be abandoned. The SHPO shall notify the applicant by registered U.S. mail or courier that the project has been abandoned and the tax credit reservation has been recaptured. SHPO shall process the tax credit reservation in …

48.17(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 …

DIVISION II PROJECTS FOR WHICH PART 2 APPLICATIONS WERE APPROVED AND AGREEMENTS WERE ENTERED INTO ON OR AFTER JULY 1, 2014

223—1.2(17A,303), 223—1.6(303), 223—13.2(303), 223—22.2(303), and 223—35.2(303) shall apply to terms as they are used throughout this chapter. In addition, the following definitions apply: “Applicant” means the person, partnership, corporation, qualifying nonprofit organization, …

(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 depa…

shall apply to terms as they are used throughout this chapter. In addition, for purposes of this chapter, unless the context otherwise requires: “Agreement” means an agreement between an eligible taxpayer and the department concerning a qualified rehabilitation project as provide…

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 rehabilitat…

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 avai…

48.25(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. 48.25(2) A…

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 …

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.…

determine whether the property is eligible to be a qualified rehabilitation project. 48.28(1) Types of property that are eligible. The property must meet the federal standards for historical significance. 48.28(2) Proof of status as eligible taxpayer. The Part 1 application may b…

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. 48.29(1) Meeting requests. Once the completed Part 1 application is submitted, the applicant may request a …

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 s…

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 writte…

for a project, the applicant may submit a historic tax credit registration application during the applicable registration period. The registration application is used to determine whether the project is ready to proceed both financially and logistically. The registration applicat…

48.31(8), the eligible taxpayer shall have 120 calendar days or until the end of the fiscal year, whichever is less, to purchase or lease the property, if applicable, and enter into an agreement with the department. Nothing in these rules shall affect the department’s ability to …

qualified rehabilitation expenditures. Part 3 of the application is used to determine whether the project has complied with the terms of the agreement as well as with applicable laws, rules and regulations. 48.33(1) Submission period. The fully completed Part 3 application must b…

application. The review fee for Part 2 will be due with the filing of the Part 2 application and will be based on the estimated qualified rehabilitation costs. The fee for review of Part 3 will be due with the filing of the Part 3 application and will be based on the final qualif…

48.35(1) Annual reports. The eligible taxpayer shall, for the length of the agreement, annually certify to the department compliance with the requirements of the agreement. The certification shall be due each year on the anniversary of the date upon which the agreement was entere…

of revenue to determine whether the terms of the agreement, Iowa Code chapter 404A, and the applicable rules have been met, the department shall issue a tax credit certificate to the eligible taxpayer stating the amount of tax credit under Iowa Code section 404A.2 the eligible ta…

tax credit award, award revocation, or any department action that entitles the person to a contested case proceeding shall file an appeal, in writing, within 30 days of the department action giving rise to the appeal. Any person who does not seek an appeal within 30 days of the d…

48.4(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 pro…

48.5(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 re…

48.6(1) All applications for historic tax credits shall be on the current state fiscal year’s forms and in accordance with the current state fiscal year’s instructions provided by the SHPO. All applications must be complete and include all required supporting documentation before…

48.7(1) The small projects fund. The SHPO shall reserve 10 percent of the tax credit allocation for any tax credit year in a small projects fund for projects with final qualified rehabilitation costs totaling $750,000 or less. If the small projects fund is fully reserved, any app…

48.8(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…

48.9(1) Upon written approval of part two of the project application, the SHPO shall reserve an estimated tax credit under the name of the applicant(s) in an amount equal to 25 percent of the estimated qualified rehabilitation costs for the earliest year in which tax credits are …

conserve, interpret and enhance, and to educate the public about, the historical resources of the state. These rules define parameters for the administration of grants through the historical resource development program.

223— 1.2(17A,303), 223—1.6(303), 223—13.2(303), 223—22.2(303), and 223—35.2(303) shall apply to terms as they are used throughout this chapter. In addition, the following definitions apply: “Conservation” means action to chemically stabilize or physically protect historical docum…

guidelines that outline funding priorities, review criteria, application forms, adjudication processes and grantee requirements. Programs include REAP/HRDP regular grants, REAP/HRDP emergency grants, and country school grants. 49.3(1) Grant programs shall require formal applicati…

administration of a project, and particularly relating to all expenses incurred. These records shall be available for audit by representatives of the department and the state auditor’s office. All records shall be retained in accordance with state laws.

49.5(1) Applicants or grantees may appeal a decision of the historical division on any of the following bases: a. The action was outside the statutory authority; b. The decision was influenced by a conflict of interest; c. The action violated state law, administrative rules, or p…