S1459Referred to Committee

Historic Tax Credit Growth and Opportunity Act of 2025

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Introduced
In Committee
3
Passed One Chamber
4
Passed Both
5
Signed into Law
119th
Congress
2025-04-10
Introduced
9
Cosponsors
S
ⓘ
Type

Sponsor

Bill Cassidy
Bill Cassidy
Republican · LA · Senator
Votes with party: 33.4% (299 recorded votes)

Full profile: /officials/C001075

Source: Congress.gov · FEC

Cosponsors (9)

Members who have signed on to support this bill since introduction. Source: Congress.gov.

Latest Action

The most recent step in the bill's legislative path. Committee Activity below shows referrals and reports; the full action-by-action history including floor proceedings lives at Congress.gov →

Read twice and referred to the Committee on Finance.

2025-04-10

Source: Congress.gov

Plain-English Summary

This bill would expand tax credits that developers and investors can claim when they rehabilitate historic buildings, making it more financially attractive to preserve older structures rather than demolish them. The changes would likely lower the cost of historic preservation projects across the country, potentially encouraging more investment in restoring aging buildings in communities. The bill affects real estate developers, investors, property owners, and communities interested in preserving their architectural heritage.

AI-assisted summary generated from the official bill metadata (title, subjects, actions) sourced from Congress.gov. Cached and reviewed. Always verify against the official text linked below.

Affected Industries

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Taxes

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Subjects

Taxation

Full Bill Text

Verbatim text published on Congress.gov via GovInfo. Use Cmd+F / Ctrl+F to search within this excerpt.

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 1459 Introduced in Senate (IS)] <DOC> 119th CONGRESS 1st Session S. 1459 To amend the Internal Revenue Code of 1986 to improve the historic rehabilitation tax credit, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 10, 2025 Mr. Cassidy (for himself, Mr. Warner, Ms. Collins, and Ms. Cantwell) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to improve the historic rehabilitation tax credit, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Historic Tax Credit Growth and Opportunity Act of 2025''. SEC. 2. FULL CREDIT ALLOWED IN THE YEAR BUILDING PLACED IN SERVICE. (a) In General.--Section 47(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) General Rule.--For purposes of section 46, the rehabilitation credit for any taxable year is 20 percent of the qualified rehabilitation expenditures.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2023. SEC. 3. INCREASE IN THE REHABILITATION CREDIT FOR CERTAIN SMALL PROJECTS. (a) In General.--Section 47 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Special Rule Regarding Certain Small Projects.-- ``(1) In general.--In the case of any qualifying small project with respect to which there is an election in effect under this subsection-- ``(A) the total qualified rehabilitation expenditures taken into account for purposes of this section with respect to the rehabilitation shall not exceed $3,750,000, ``(B) subsection (a) shall be applied by substituting `30 percent' for `20 percent', and ``(C) subject to paragraph (4) and such regulations or other guidance as the Secretary may provide, the taxpayer may transfer all or a portion of the credit determined under this section with respect to such qualifying small project. ``(2) Qualifying small project.--For purposes of this subsection, the term `qualifying small project' means any qualified rehabilitated building or portion thereof if-- ``(A) such building is placed in service after the date of the enactment of this subsection, and ``(B) no credit was allowed under this section (other than a credits allowed by reason of subsection (d)) for either of the two immediately preceding taxable years with respect to such building. ``(3) Special rule for rural projects.-- ``(A) In general.--In the case of any qualifying small project in a rural area, paragraph (1)(A) shall be applied by substituting `$5,000,000' for `$3,750,000'. ``(B) Rural area.--For purposes of this subparagraph, the term `rural area' means any area other than-- ``(i) a city or town that has a population of greater than 50,000 inhabitants, or ``(ii) the urbanized area contiguous and adjacent to a city or town described in clause (i), as defined by the Bureau of the Census based on the latest decennial census of the United States. ``(4) Transfer of credit for qualifying small projects.-- ``(A) Certification.-- ``(i) In general.--A transfer under paragraph (1)(C)) shall be accompanied by a certificate which includes-- ``(I) the certification for the certified historic structure referred to in subsection (c)(3), ``(II) the taxpayer's name, address, tax identification number, date of project completion, and the amount of credit being transferred, ``(III) the transferee's name, address, tax identification number, and the amount of credit being transferred, and ``(IV) such other information as may be required by the Secretary. ``(ii) Transferability…
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of certificate.--A certificate issued under this subsection to a taxpayer shall be transferable to any other taxpayer. ``(B) Tax treatment relating to certificate.-- ``(i) Disallowance of deduction.--No deduction shall be allowed for the amount of consideration paid or incurred by the transferee. ``(ii) Allowance of credit.--The amount of credit transferred under paragraph (1)(C)-- ``(I) shall not be allowed to the transferor for any taxable year, and ``(II) shall be allowable to the transferee as a credit determined under this section for the taxable year of the transferee in which such credit is transferred. ``(iii) Exclusion.--Gross income shall not include any amount received in connection with the transfer of the certificate. ``(C) Recapture and other special rules.--The taxpayer who claims a credit determined under this section by reason of a transfer of an amount of credit under paragraph (1)(A) with respect to an applicable rural project shall be treated as the taxpayer with respect to such project for purposes of section 50. ``(D) Information reporting.--The transferor and the transferee shall each make such reports regarding the transfer of an amount of credit under paragraph (1)(C) and containing such information as the Secretary may require. The reports required by this subparagraph shall be filed at such time and in such manner as may be required by the Secretary. ``(E) Regulations.--The Secretary shall prescribe regulations or other guidance to carry out paragraph (1)(C) and this paragraph in a manner which is consistent with applicable requirements with respect to transfer of credits under section 6418. ``(5) Election.--An election under this subsection shall be made at such time and in such manner as the Secretary may by regulations prescribe.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 4. INCREASING THE TYPE OF BUILDINGS ELIGIBLE FOR REHABILITATION. (a) In General.--Section 47(c)(1)(B)(i)(I) of the Internal Revenue Code of 1986 is amended by inserting ``50 percent of'' before ``the adjusted basis''. (b) Effective Date.--The amendment made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act.. SEC. 5. ELIMINATION OF REHABILITATION CREDIT BASIS ADJUSTMENT. (a) In General.--Section 50(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Exception for rehabilitation credit.--In the case of the rehabilitation credit, paragraph (1) shall not apply.''. (b) Treatment in Case of Credit Allowed to Lessee.--Section 50(d) of such Code is amended by adding at the end the following: ``In the case of the rehabilitation credit, paragraph (5)(B) of the section 48(d) referred to in paragraph (5) of this subsection shall not apply.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 6. MODIFICATIONS REGARDING CERTAIN TAX-EXEMPT USE PROPERTY. (a) In General.--Section 47(c)(2)(B)(v) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subclause: ``(III) Disqualified lease rules to apply only in case of government entity.--For purposes of subclause (I), except in the case of a tax-exempt entity described in section 168(h)(2)(A)(i), the determination of whether property is tax-exempt use property shall be made under section 168(h) without regard to whether the property is leased in a disqualified lease (as defined in section 168(h)(1)(B)(ii)).''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. <all>
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