Current through 11/5/2024 election
Section 39-22-5404 - Qualified development owned by governmental or quasi-governmental entity(1) Notwithstanding any other provision of this part 54:(a) The authority may allocate credits to any governmental or quasi-governmental entity, including the middle-income housing authority created in section 29-4-1104, with respect to a qualified development that is owned by such entity.(b)(I) A governmental or quasi-governmental entity may transfer credits allocated to it by the authority to any qualified taxpayer.(II) Such a governmental or quasi-governmental entity shall invest in the qualified development any compensation received in connection with a transfer of credits to a qualified taxpayer.(III) A qualified taxpayer to which a credit is transferred pursuant to this subsection (1)(b) is entitled to claim the credit in the same manner and subject to the same conditions and allocation rights as an owner of a qualified development to which the authority has allocated a credit.(c)(I) A credit allocated to a governmental or quasi-governmental entity or a transferee thereof is subject to recapture pursuant to section 39-22-5405.(II) If a credit transferred to a qualified taxpayer by a governmental or quasi-governmental entity is recaptured pursuant to section 39-22-5405, the governmental or quasi-governmental entity shall notify the department of the identity of the qualified taxpayer to which it transferred a credit.Added by 2024 Ch. 287,§ 1, eff. 5/30/2024.