H.R. 2941

119th CONGRESS 1st Session

To amend the Internal Revenue Code of 1986 to improve the historic rehabilitation tax credit, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · April 17, 2025 · Sponsor: Mr. LaHood · Committee: Committee on Ways and Means

H.R. 2941

SEC. 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
- of the Internal Revenue Code of 1986 is amended to read as follows: Section 47(a)
- In general
  - (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
- of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: Section 47
  - (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—
        
        the total qualified rehabilitation expenditures taken into account for purposes of this section with respect to the rehabilitation shall not exceed $3,750,000,
        
        subsection (a) shall be applied by substituting for , and 30 percent 20 percent
        
        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—
        
        such building is placed in service after the date of the enactment of this subsection, and
        
        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 for . $5,000,000 $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) A transfer under paragraph (1)(C) shall be accompanied by a certificate which includes—
        
        the certification for the certified historic structure referred to in subsection (c)(3),
        
        the taxpayer’s name, address, tax identification number, date of project completion, and the amount of credit being transferred,
        
        the transferee’s name, address, tax identification number, and the amount of credit being transferred, and
        
        such other information as may be required by the Secretary.
        
        (ii) A certificate issued under this subsection to a taxpayer shall be transferable to any other taxpayer.
      - (B) Tax treatment relating to certificate
        
        (i) No deduction shall be allowed for the amount of consideration paid or incurred by the transferee.
        
        (ii) The amount of credit transferred under paragraph (1)(C)—
        
        shall not be allowed to the transferor for any taxable year, and
        
        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) 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
- of the Internal Revenue Code of 1986 is amended by inserting before . Section 47(c)(1)(B)(i)(I)
(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
- of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: Section 50(c)
  - (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
- of the Internal Revenue Code of 1986 is amended by adding at the end the following new subclause: Section 47(c)(2)(B)(v)
  - 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.