HAR §15-313-20
HAR §15-313-20. General
Cite as Haw. Code R. § 15-313-20
(a)
The state low income
housing tax credit awarded on or before December 31,
2016 shall be fifty percent of the applicable
percentage of the qualified basis of each project
located in the State.
Applicable percentages shall be
calculated as provided in section 42(b) of the Code.
The state low income housing tax credit awarded after
December 31, 2016 shall be fifty percent of the
federal credit reservation, and may be claimed over a
five-year period.
(b)
The aggregate amount of the state tax
credits allocated within any calendar year within the
State may not exceed the State's aggregate housing
credit dollar amount for that year.
(c)
An amount equal to ten per cent of the state
aggregate housing credit dollar amount shall be set
aside for qualified non-pro
t organizations.
Additional credits may be reserved or allocated to
qualified non-profit organizations from the State's
remaining allocation but only after such set-aside
amount has been exhausted.
313-15
§15-313-20
(d)
State tax credit reservations and
allocations are counted against the state aggregate
housing credit dollar amount for the calendar year in
which the credits are allocated.
(e)
Credits may not be allocated before the
calendar year in which the subject project is placed
in service; however, the corporation will accept,
review and approve applications for reservations of
state tax credits according to the rules set forth in
this subchapter.
(f)
The corporation need not allocate the
maximum credit amount for which an applicant otherwise
qualifies under Chapter 235, HRS.
[Eff 4/23/10;
comp
JAN 15107' ] (Auth:
HRS §§201H-4, 201H-15)
(Imp:
HRS §§201H-15, 235-110.8)
§15-313-21
Application, reservation and
allocation of credit.
(a)
The rules set forth in
subchapter 2 of these rules shall apply to the
application, selection of applications for state
credit reservations, and allocation of credits
available under this subchapter except:
(1)
Applicants applying for both the state and
federal credit need only submit a single
application fee.
(2)
An applicant must receive a reservation of
federal tax credits to be eligible to
receive a state tax credit reservation; and
(3)
In order to qualify for consideration to
receive a reservation of state tax credits
under this subchapter, the executive
director must first determine that an
applicant is likely to qualify to claim the
federal income tax low income housing tax
credit.
313-16
§15 313-22
(b}
In recommending projects for state credit
reservations, and in awarding state credit
reservations, under this subchapter, the executive
director or the board, as the case may be, need not
weigh the factors in section 15-313-10 in the
identical manner as such factors were weighed in
determining an applicant's reservation or allocation
of federal tax credits.
In considering applications
for state tax credits, the executive director and the
board may also consider the amount of federal credit
that has been reserved or allocated for such applicant
in order that the corporation may award available
state tax credit incentives so as to maximize the
number and quality of low income housing units.
[Eff
4/23/10; am and
comp
JAN 1 5 2077
] (Auth:
HRS §§201H-4, 201H-15)
(Imp:
HRS §201H-15)