Instructions For Form 3468 - Investment Credit - 2008 Page 5

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Rehabilitation Credit: Part III
c. Active negotiation of contracts for the repair or restoration
to be completed within the designated 36-month period, but
You are allowed a credit for qualified rehabilitation expenditures
only if the contracts are finalized prior to January 1, 2007.
made for any qualified rehabilitated building. You must reduce
your depreciable basis by the amount of the credit.
4. The building must have been placed in service before the
beginning of rehabilitation. This requirement is met if the
If the adjusted basis of the building is determined in whole or
building was placed in service by any person at any time before
in part by reference to the adjusted basis of a person other than
the rehabilitation began.
the taxpayer, see Regulations section 1.48-12(b)(2)(viii) for
5. For a building other than a certified historic structure (a)
additional information that must be attached.
at least 75% of the external walls must be retained with 50% or
more kept in place as external walls, and (b) at least 75% of the
Qualified Rehabilitated Building
existing internal structural framework of the building must be
To be a qualified rehabilitated building, your building must meet
retained in place.
all five of the following requirements.
1. The building must have been placed in service (see
Qualified Rehabilitation Expenditures
requirement 4) prior to 1936 unless it is a certified historic
structure. A certified historic structure is any building (a) listed in
To be qualified rehabilitation expenditures, your expenditures
the National Register of Historic Places, or (b) located in a
must meet all six of the following requirements.
registered historic district (as defined in section 47(c)(3)(B)) and
1. The expenditures must be for (a) nonresidential rental
certified by the Secretary of the Interior as being of historic
property, (b) residential rental property (but only if a certified
significance to the district. Certification requests are made
historic structure — see Regulations section 1.48-1(h)), or (c)
through your State Historic Preservation Officer on National
real property that has a class life of more than 12 years.
Park Service (NPS) Form 10-168a, Historic Preservation
Certification Application. The request for certification should be
2. The expenditures must be incurred in connection with the
made prior to physical work beginning on the building.
rehabilitation of a qualified rehabilitated building.
2. The building must be substantially rehabilitated. A
3. The expenditures must be capitalized and depreciated
building is considered substantially rehabilitated if your qualified
using the straight line method.
rehabilitation expenditures during a self-selected 24-month
4. The expenditures cannot include the costs of acquiring or
period that ends with or within your tax year are more than the
enlarging any building.
greater of $5,000 or your adjusted basis in the building and its
structural components. Figure adjusted basis on the first day of
5. If the expenditures are in connection with the
the 24-month period or the first day of your holding period,
rehabilitation of a certified historic structure or a building in a
whichever is later. If you are rehabilitating the building in
registered historic district, the rehabilitation must be certified by
phases under a written architectural plan and specifications that
the Secretary of the Interior as being consistent with the historic
were completed before the rehabilitation began, substitute
character of the property or district in which the property is
“60-month period” for “24-month period.” If the building is in one
located. This requirement does not apply to a building in a
of the designated counties or parishes in the GO Zone, Rita GO
registered historic district if (a) the building is not a certified
Zone, or Wilma GO Zone, the “24-month period” and “60-month
historic structure, (b) the Secretary of the Interior certifies that
period” is extended by 12 months. However, the rehabilitation
the building is not of historic significance to the district, and (c) if
must have begun, but not been completed, and the building
the certification in (b) occurs after the rehabilitation began, the
placed in service prior to the following dates.
taxpayer certifies in good faith that he or she was not aware of
that certification requirement at the time the rehabilitation
States
Date
began.
GO Zone
Florida
August 24, 2005
6. The expenditures cannot include any costs allocable to
the part of the property that is (or may reasonably expect to be)
GO Zone
Louisiana, Mississippi, August 29, 2005
tax-exempt use property (as defined in section 168(h)).
and Alabama
Rita GO Zone
Louisiana and Texas
September 23, 2005
Line 10
Wilma GO Zone
Florida
October 23, 2005
For credit purposes, the expenditures are generally taken into
account for the tax year in which the qualified rehabilitated
3. Depreciation must be allowable with respect to the
building is placed in service. However, with certain exceptions,
building. Depreciation is not allowable if the building is
you may elect to take the expenditures into account for the tax
permanently retired from service. If the building is damaged, it
year in which they were paid (or, for a self-rehabilitated building,
is not considered permanently retired from service where the
when capitalized) if (a) the normal rehabilitation period for the
taxpayer repairs and restores the building and returns it to
building is at least 2 years, and (b) it is reasonable to expect
actual service within a reasonable period of time.
that the building will be a qualified rehabilitated building when
For a building damaged in the GO Zone, Rita GO Zone, or
placed in service. For details, see section 47(d). To make this
Wilma GO Zone, that reasonable period is deemed to be up to
election, check the box on line 10a.The credit, as a percent of
36 months, subject to the following qualifications.
expenditures paid or incurred during the tax year for any
qualified rehabilitated building, depends on the type of structure
The building must have been placed in service prior to
and its location.
the date as given in the table above.
The relevant 36-month period for that building starts on
Note. The credit is increased for qualified rehabilitated
the same date as given in the table above.
expenditures made on or after the applicable disaster date for
qualified rehabilitated buildings or structures damaged or
Beginning no later than August 15, 2006, for GO Zone,
destroyed as a result of the severe storms, tornados, or flooding
Rita GO Zone, or Wilma GO Zone property, the taxpayer must
in the Midwestern disaster area. For details on the affected
be engaged in the repair or restoration of building, defined as:
counties and the applicable disaster dates in the Midwestern
a. Ongoing physical repairs,
disaster area, see Tables 1 and 2 in Publication 4492-B,
b. Written contracts in place for the repair or restoration to
Information for Affected Taxpayers in the Midwestern Disaster
be completed within the designated 36-month period, or
Areas.
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