This document provides instructions for claiming Wisconsin's historic rehabilitation tax credits on Schedule HR. It outlines two available credits: 1) A supplement to the federal credit for rehabilitating income-producing historic structures. To qualify, expenditures must exceed $5,000 or the property's adjusted basis. 2) A state credit for individuals rehabilitating owner-occupied historic residences, up to $10,000. Qualified preservation costs must exceed $10,000. Both credits may be carried forward for unused amounts. The instructions provide details on credit calculation and eligibility requirements.
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1. HR Wisconsin Historic Rehabilitation Credits
Schedule
2008
File with Wisconsin Form 1, 1NPR, 2, 3, 4, 4I, 4T, 5, or 5S
Name Identifying Number
Wisconsin Department
of Revenue
Part I Supplement to Federal Historic Rehabilitation Tax Credit
1 1
Enter adjusted basis in the building on the first day of the rehabilitation period . . . . . . . . . . . . . . . . . .
2 2
Enter qualified rehabilitation expenditures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 3
Enter 5% of amount on line 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 4
Enter historic rehabilitation credit passed through from other entities . . . . . . . . . . . . . . . . . . . . . . . . . .
5 5
Add lines 3 and 4. This is your 2008 credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 6
Carryover of unused supplement to the federal historic rehabilitation tax credit . . . . . . . . . . . . . . . . . .
7 7
Add lines 5 and 6. This is the available supplement to the federal historic rehabilitation tax credit . . . .
Part II State Historic Rehabilitation Credit – Individuals Only
8 8
Enter qualified preservation costs (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 9
Enter 25% of amount on line 8, but not more than $10,000 ($5,000 if married filing a separate return)
10
10 Carryover of unused state historic rehabilitation credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
11 Add lines 9 and 10. This is the available state historic rehabilitation credit . . . . . . . . . . . . . . . . . . . . . .
Instructions for Schedule HR
General Instructions In addition, you must subtract the amount of credit computed from
the basis of the building.
Item to Note
As a result of claiming historic rehabilitation credits, individuals may If you qualify for the state historic rehabilitation credit, you must decrease
be subject to Wisconsin’s alternative minimum tax. For information the basis of the property by the amount of credit computed.
about computing the credit carryforward, see Wisconsin Tax Bulletin
98 (July 1996), page 29, which can be found on the Department’s web Carryover of Unused Credits
site at www.revenue.wi.gov/ise/wtb/098tr.pdf. The historic rehabilitation credits are nonrefundable. Any unused
credits may be carried forward for 15 years. If there is a reorgani-
Purpose of Schedule HR zation of a corporation claiming historic rehabilitation credits, the
Use Schedule HR to claim a credit for preserving or rehabilitating limitations provided by IRC section 383 may apply to the carryover
historic property located in Wisconsin. Two Wisconsin historic pres- of any unused credits.
ervation credits are available: (1) a supplement to the federal historic
rehabilitation tax credit for rehabilitating certified historic structures Recovery of Credits
used for business purposes and (2) a state historic rehabilitation In cases where the Wisconsin Historical Society later determines that
credit, available only to individuals, for preserving or rehabilitating the claimant hasn’t complied with all of the requirements for the state
an owner-occupied personal residence that doesn’t qualify for the historic rehabilitation credit, the Department of Revenue may recover
supplement to the federal credit. all or a portion of the credit.
The Wisconsin Historical Society administers the historic preservation
program. For more information, visit the Historical Society’s web site Specific Instructions
at www.wisconsinhistory.org/hp/architecture/index.asp, write to the
Division of Historic Preservation, Wisconsin Historical Society, 816 Part I – Supplement to the Federal Historic Rehabilitation Tax
State Street, Madison, WI 53706-1417, or call (608) 264-6490. Credit
Partnerships, Limited Liability Companies (LLCs) Treated as To qualify for the supplement to the federal historic rehabilitation tax
Partnerships, Tax-Option (S) Corporations, Estates, and Trusts credit, you must meet the following requirements:
Complete Schedule HR to figure the credit to pass through to the partners, members,
shareholders, or beneficiaries. Partnerships, LLCs treated as partner- a. You must own (or, in certain cases, lease) a building that is listed
ships, and tax-option (S) corporations can’t claim the credit; instead, the in the National Register of Historic Places or that is determined to
credit flows through to the partners, members, or shareholders based be historic and will be listed in the National Register.
on their ownership interests. Estates and trusts must share the credit
with the beneficiaries in proportion to the income allocable to each. b. You must use the building for the production of income, such as
If you are a partner of a partnership, member of an LLC treated as a commercial, industrial, or residential rental purposes. The building
partnership, shareholder of a tax-option (S) corporation, or beneficiary must be depreciable property that is either nonresidential rental
of an estate or trust, use Schedule HR to report your credit. property, residential rental property, or real property with a class
life of more than 12.5 years. If only part of the building qualifies,
Date a Project Is Begun only the rehabilitation expenditures allocable to the qualified portion
The date a project is “begun” is the date on which the physical work of rehabilitation may be used to figure the credit.
begins. The physical work of rehabilitation doesn’t include preliminary
activities such as planning, designing, securing financing, exploring, c. You must substantially rehabilitate the building. A building is consid-
researching, developing plans and specifications, or stabilizing a ered to be substantially rehabilitated if your qualified rehabilitation
building to prevent deterioration, such as placing boards over broken expenditures are more than the greater of $5,000 or your adjusted
windows . basis in the building. The expenditure test must be met within a
24-month (or, for phased rehabilitation projects, a 60-month) period
Adjustment to Basis that you select and that ends with or within your taxable year. Figure
If you qualify for the supplement to the federal historic rehabilitation your adjusted basis on the first day of the 24-month or 60-month
tax credit, you must add the qualified rehabilitation expenditures to the rehabilitation period.
basis of the building and depreciate them by the straight-line method.
IC-034
2. “Qualified rehabilitation expenditures” are amounts incurred that b. The residence, including outbuildings, can’t be used in a trade or
must be capitalized and added to the basis of the building rather business, held for the production of income, or held for sale or other
than deducted. Qualified expenditures don’t include any amount disposition in the ordinary course of your trade or business.
being depreciated under an accelerated method, the cost of acquir-
ing the building itself or any interest in the building, or any expense If you use part of your home for income-producing activities, you
incurred for the enlargement of an existing building. may be able to claim the credit for the portion that is your personal
residence. See Wisconsin Tax Bulletin 86 (April 1994), page 22,
d. You must design and carry out the work in accordance with the which can be found at www.revenue.wi.gov/ise/wtb/086tr.pdf, for
“Secretary of the Interior’s Standards for Rehabilitation.” more information.
e. You must formally apply to the National Park Service, through the c. Your qualified preservation costs during the 2-year (or, for phased
Wisconsin Historical Society, for certification of your project. The preservation projects, the 5-year) period beginning with the date
project must be approved before the physical work of construction, on which the physical work of rehabilitation begins must be more
or destruction in preparation for construction, begins. than $10,000. If property is used for both business and personal
purposes, the qualified preservation costs relating to the personal
Line 1. Enter the adjusted basis of the building on the first day of the residence portion of the property must be more than $10,000. The
24-month or 60-month rehabilitation period. costs must be incurred after the Wisconsin Historical Society has
approved your proposed preservation or rehabilitation plan.
Line 2. Enter the amount of your qualified rehabilitation expenditures.
If your qualified rehabilitation expenditures during the 24-month or 60- In order to qualify, your costs must relate only to preservation or
month rehabilitation period aren’t more than the greater of $5,000 or rehabilitation work done to (1) the exterior of the historic property,
your adjusted basis in the building, you don’t qualify for the credit. (2) the interior of a window sash if work is done to the exterior of
the window sash, (3) structural elements of the property, (4) the
Line 4. Enter the amount of credit passed through from partnerships heating or ventilating system, or (5) electrical or plumbing systems,
and LLCs treated as partnerships, as shown on Schedule 3K-1; tax- but not electrical or plumbing fixtures.
option (S) corporations, as shown on Schedule 5K-1; and estates or
trusts, as shown on Schedule 2K-1. In addition, you may claim architectural fees and costs incurred
in preparing nomination forms for listing in the National or State
Line 5. Special instructions apply to pass-through entities. Register of Historic Places, if the nomination is made within 5 years
before submission of your preservation or rehabilitation plan to the
Partnerships, LLCs treated as partnerships, and tax-option (S) Wisconsin Historical Society.
corporations: Prorate the credit on line 5 among the partners, mem-
bers, or shareholders based on their ownership interests. Show the Qualified costs don’t include the costs of acquiring the building
credit for each partner or member on Schedule 3K-1 and for each itself, or any interest in the building, or any expense incurred for
shareholder on Schedule 5K-1. the enlargement of an existing building.
Estates and trusts: Prorate the credit that otherwise would be entered d. You must design and carry out the work in accordance with the
on line 5 between the entity and its beneficiaries in proportion to the “Secretary of the Interior’s Standards for Rehabilitation.”
income allocable to each. Show only the entity’s portion of the credit
on line 5. Show the beneficiaries’ portion of the credit to the left of e. You must complete the preservation or rehabilitation work within 2
line 5. Label it “Beneficiaries’ portion” and show the credit for each years (5 years for a project that is initially planned for completion
beneficiary on Schedule 2K-1. in phases).
Line 6. Enter any unused supplement to the federal historic rehabilita- f. The State Historic Preservation Officer must certify that the completed
tion tax credit carried over from prior years. project substantially complies with the previously approved plan.
Required attachments: You must file with Schedule HR a copy of the g. You can’t claim a credit for rehabilitating a personal residence if you
final certification of completed work from the National Park Service. acquired the property under an agreement requiring you to sell or
For properties not yet listed in the National Register of Historic Places, return the property to the previous owner within 5 years.
include a copy of the signed letter from the National Park Service
Line 8. Enter the amount of your qualified preservation costs. If your
certifying that the completed rehabilitation meets the “Secretary of the
qualified preservation costs during the 2-year or 5-year period begin-
Interior’s Standards for Rehabilitation.” If you haven’t received the final
ning with the date on which the physical work of rehabilitation begins
certification by the time the tax return is filed, include a copy of the
aren’t more than $10,000, you don’t qualify for the credit.
“Historic Preservation Certification Application (Part 2 - Description of
Rehabilitation).” Include a copy of the final certification of completed
You may elect to claim a credit for your qualified preservation costs
work to the first income or franchise tax return filed after receipt of the
in the year that they are paid rather than in the year in which the
final certification along with an explanation of the amount and the years
project is completed if (a) the project will take at least 2 years and
in which the credit was claimed. If the credit is passed through from a
(b) it is reasonable to expect that the completed project will qualify
partnership, LLC treated as a partnership, tax-option (S) corporation,
for the credit. To make this election, show your total project costs on
estate, or trust, include a copy of your Schedule 3K-1, 5K-1, or 2K-1
the dotted line to the left of entry line 8. On line 8, show the qualified
instead of the final certification.
costs paid this year.
Part II – State Historic Rehabilitation Credit – Individuals Only
Line 9. Enter 25% of the amount on line 8, but not more than $10,000
To qualify for the state historic rehabilitation credit, you must meet the ($5,000 if you are married and file a separate return). The maximum
following requirements: credit available for any preservation or rehabilitation project is $10,000
($5,000 if you are married and file a separate return).
a. You must own and occupy as your personal residence property that
Line 10. Enter any unused state historic rehabilitation credit carried
is listed, or eligible to be listed, in the National or State Register
of Historic Places or is located in a historic district which is listed in over from prior years.
the National or State Register and is certified by the State Historic
Required attachments: After the work is completed, you must file
Preservation Officer as being of historical significance to the district.
with Schedule HR a copy of the final certification of completed work
Included are outbuildings that contribute to the historic significance
from the Wisconsin Historical Society. For projects not yet completed,
of the property.
include a copy of the approved “Historic Preservation Certification
Application – Part 2.”