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HB2804 - 572R - H Ver
House Engrossed
rural affordable
housing; tax credits
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2804
AN
ACT
Amending Title 20, chapter 2, article 1, Arizona
Revised Statutes, by adding section 20-224.04; repealing section 20-224.04,
Arizona Revised Statutes; amending Title 41, chapter 37, article 2, Arizona
Revised Statutes, by adding section 41-3954; repealing section 41-3954,
Arizona Revised Statutes; amending section 43-222, Arizona Revised
Statutes; amending Title 43, chapter 10, article 5, Arizona Revised Statutes,
by adding section 43-1075; repealing section 43-1075, Arizona Revised
Statutes; amending Title 43, chapter 11, article 6, Arizona Revised Statutes,
by adding section 43-1163; repealing section 43-1163, Arizona Revised
Statutes; relating to tax credits.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 20, chapter 2, article 1,
Arizona Revised Statutes, is amended by adding section 20-224.04, to read:
START_STATUTE
20-224.04.
Rural development and housing premium tax credit; rules
A. A taxpayer is allowed a credit
against the premium tax liability imposed pursuant to section 20-224, 20-837,
20-1010, 20-1060 or 20-1097.07 if the Arizona department of
housing issues an eligibility statement for a qualified project pursuant to
section 41-3954. The amount of the credit:
1. Is equal to the amount determined
by the department of revenue pursuant to section 41-3954 for the
qualified project.
2. On notice to the department of insurance
and financial institutions, may be allocated among the partners, members or
shareholders, as they may agree among themselves, regardless of the size of
such participant's ownership interest. The total of the allocated
credits among all such participants may not exceed the amount of the credit
approved by the Arizona department of housing.� This paragraph does not
prohibit a partner, member or shareholder from holding an investment
exclusively in either the state credits or federal credits allocated to the
qualified project.
B. To claim the credit under this
section, the taxpayer must submit the eligibility statement provided by the
Arizona department of housing under section 41-3954 to the department of
insurance and financial institutions with the taxpayer's premium tax return.� A
credit under this section is not allowed until the taxpayer furnishes the
required documentation.
C. If the amount of the credit under
this section exceeds the taxpayer's state premium tax liability, the amount of
the claim not used to offset the premium tax liability may be carried forward
for not more than five consecutive taxable years' premium tax liability.
D. If all or part of the federal
low-income housing tax credit with respect to the qualified project is subject
to recapture under section 42 of the internal revenue code during the first ten
taxable years after the project is placed in service, the credit under this
section is also subject to recapture in a proportional amount from all
taxpayers that claimed the credit.� The recapture is calculated by increasing
the amount of taxes imposed in the following year by the amount recaptured.
E. A taxpayer that claims a tax
credit against state premium tax liability is not required to pay any
additional retaliatory tax imposed pursuant to section 20-230 as a result
of claiming that tax credit. The credit may fully offset any
retaliatory tax imposed by section 20-230.
F. The department of insurance and
financial institutions, with the cooperation of the department of revenue and
the Arizona department of housing, shall adopt rules and publish and prescribe
forms and procedures as necessary to administer this section.
END_STATUTE
Sec. 2.
Delayed repeal
Section
20-224.04, Arizona Revised Statutes, as added by this act, is repealed
from and after December 31, 2036.
Sec. 3. Title 41, chapter 37, article 2,
Arizona Revised Statutes, is amended by adding section 41-3954, to read:
START_STATUTE
41-3954.
Rural development and housing tax credit; limit; eligibility
statement; rules; public hearings; annual report; definitions
A. The rural development and housing
tax credit is established. The department shall administer the
credit as provided by this section.�
B. On application, the department
shall allocate tax credits under this section for projects in this state that
are wholly located within a county with a population of less than eight hundred
thousand persons, that qualify for the federal low-income housing tax
credit under section 42 of the internal revenue code and that are placed in
service, for the purposes of the federal credit, from and after June 30, 2027,
in an amount that the department determines is necessary for the economic
feasibility of the qualified project. The credit is allowed in the
first six taxable years during the federal credit period. The
department shall allocate tax credits under this section according to the
department's current qualified allocation plan adopted pursuant to section 42(
m
) of the internal revenue code.
C. The department shall prescribe
forms, procedures and criteria for applying, evaluating and qualifying for the
credit under this section.� The department shall issue an eligibility statement
for each qualified project that identifies the qualified project, the
allocation year and the amount of the credits allocated to the project.
D. For calendar years 2026 through
2036, The department shall allocate a total of $2,000,000 of tax credits under
this section in any calendar year according to the date of the allocation of
the credit. A credit allocated in calendar year 2026 may not be
claimed until the federal fiscal year beginning October 1, 2027. An
approved amount applies against the dollar limit for the year in which the
application is submitted. If, at the end of the calendar year, an unused
balance occurs under the dollar limit prescribed by this subsection, the
balance shall be reallocated for the purposes of this subsection in the
following year.
E. Any taxpayer that owns an interest
in an investment in a qualified project that receives an eligibility statement
from the department is allowed a tax credit under this section for taxable
years beginning from and after December 31, 2026 if the taxpayer acquires the
interest before filing a tax return claiming the tax credit.� the taxpayer
shall apply the credit against the taxpayer's insurance premium or income tax
liability as provided BY and subject to the procedures, terms and conditions
prescribed by section 20-224.04, 43-1075 or 43-1163, as
applicable.
f. The Arizona department of housing,
with the cooperation of the department of insurance and financial institutions
and the department of revenue, shall adopt rules and publish and prescribe
forms and procedures as necessary to administer this section, including
criteria on which eligibility statements are issued under this section.
g. On or before july 30 of each year,
the department shall hold a public hearing to solicit and accept public
comments relating to the amount of the credit under this section to be used for
qualified projects that are financed through tax-exempt bond issuance as
part of the qualified allocation plan process and other rural development and
housing tax credit issues.� The department shall post a copy of all comments
submitted during each public hearing on the department's website before September
15 of the year in which the public hearing is held.
h. on or before December 31 of each
year, The department shall submit to the president of the senate and the
speaker of the house of representatives a report that addresses whether the
credits approved under this section produced a significant number of additional
affordable housing units in this state and that analyzes the economic impact of
the credits approved under this section on this state, including an estimate of
all tax revenue generated by each project and the total tax revenue offset by
the credits approved under this section. The department shall
provide A copy of this report to the secretary of state.
i. For the purposes of this section:
1. "Internal revenue code"
has the same meaning prescribed in section 43-105.
2. "Qualified project"
means a qualified low-income building as defined in section 42(
c
)(2) of the internal revenue code.
3. "Taxpayer" means a
person, firm or corporation that is subject to taxation under title 20 or under
title 43, chapter 10 or 11.
END_STATUTE
Sec. 4.
Delayed repeal
Section 41-3954, Arizona Revised
Statutes, as added by this act, is repealed from and after December 31, 2036.
Sec. 5. Section 43-222, Arizona Revised
Statutes, is amended to read:
START_STATUTE
43-222.
Income tax credit review schedule
The joint legislative income tax credit review committee shall
review the following income tax credits:
1. For years ending in 0 and 5, sections 43-1079.01,
43-1088, 43-1089.04, 43-1167.01 and 43-1175.
2. For years ending in 1 and 6, sections 43-1072.02,
43-1074.02, 43-1075, 43-1076.01, 43-1077, 43-1078,
43-1083, 43-1083.02, 43-1162,
43-1163,
43-1164.03
and 43-1183.
3. For years ending in 2 and 7, sections 43-1073,
43-1082, 43-1085, 43-1086, 43-1089, 43-1089.01,
43-1089.02, 43-1089.03, 43-1164
,
43-1165
,
and 43-1181.
4. For years ending in 3 and 8, sections 43-1074.01,
43-1168, 43-1170 and 43-1178.
5. For years ending in 4 and 9, sections 43-1073.01,
43-1081.01, 43-1083.03, 43-1084, 43-1164.04, 43-1164.05
and 43-1184.
END_STATUTE
Sec. 6. Title 43, chapter 10, article 5,
Arizona Revised Statutes, is amended by adding section 43-1075, to read:
START_STATUTE
43-1075.
Rural development and housing tax credit; rules
A. A taxpayer is allowed a credit
against the taxes imposed by this title if the Arizona department of housing
issues an eligibility statement for a qualified project pursuant to section
41-3954. The amount of the credit:
1. Is equal to the amount determined
by the department of revenue pursuant to section 41-3954.
2. On notice to the department of
revenue, may be allocated among the partners, members or shareholders, as they
may agree among themselves regardless of the size of such participant's
ownership interest. The total of the allocated credits among all
such participants may not exceed the amount of the credit approved by the
Arizona department of housing. This paragraph does not prohibit a
partner, member or shareholder from holding an investment exclusively in either
the state credits or federal credits allocated to the qualified project.
B. To claim the credit under this
section, the taxpayer must submit the eligibility statement provided by the
Arizona department of housing under section 41-3954 to the department of
revenue with the taxpayer's income tax return. A credit under this
section is not allowed until the taxpayer furnishes the required documentation.
C. If the amount of the credit for a
taxable year exceeds the amount of taxes otherwise due under this title on the
claimant's income, or if there are no taxes due under this title, the taxpayer
may carry the amount of the claim not used to offset the taxes under this title
forward for not more than five consecutive taxable years' income tax liability.
D. If all or part of the federal
low-income housing tax credit with respect to the qualified project is subject
to recapture under section 42 of the internal revenue code during the first ten
taxable years after the project is placed in service, the credit under this
section is also subject to recapture in a proportional amount from all
taxpayers who claimed the credit. The recapture is calculated by
increasing the amount of taxes imposed in the following year by the amount
recaptured.
E. The department of revenue, with
the cooperation of the department of insurance and financial institutions and
the Arizona department of housing, shall adopt rules and publish and prescribe
forms and procedures as necessary to administer this section.
END_STATUTE
Sec. 7.
Delayed repeal
Section 43-1075, Arizona Revised
Statutes, as added by this act, is repealed from and after December 31, 2036.
Sec. 8. Title 43, chapter 11, article 6,
Arizona Revised Statutes, is amended by adding section 43-1163, to read:
START_STATUTE
43-1163.
Rural development and housing tax credit; rules
A. A taxpayer is allowed a credit
against the taxes imposed by this title if the Arizona department of housing
issues an eligibility statement for a qualified project pursuant to section 41-3954. The
amount of the credit:
1. Is equal to the amount determined
by the department of revenue pursuant to section 41-3954.
2. On notice to the department of
revenue, may be allocated among the partners, members or shareholders, as they
may agree among themselves regardless of the size of such participant's
ownership interest. The total of the allocated credits among all
such participants may not exceed the amount of the credit approved by the
Arizona department of housing. This paragraph does not prohibit a
partner, member or shareholder from holding an investment exclusively in either
the state credits or federal credits allocated to the qualified project.
B. To claim the credit under this
section, the taxpayer must submit the eligibility statement provided by the
Arizona department of housing under section 41-3954 to the department of
revenue with the taxpayer's income tax return. A credit under this
section is not allowed until the taxpayer furnishes the required documentation.
C. If the amount of the credit for a
taxable year exceeds the amount of taxes otherwise due under this title on the
claimant's income, or if there are no taxes due under this title, the taxpayer
may carry the amount of the claim not used to offset the taxes under this title
forward for not more than five consecutive taxable years' income tax liability.
D. If all or part of the federal
low-income housing tax credit with respect to the qualified project is subject
to recapture under section 42 of the internal revenue code during the first ten
taxable years after the project is placed in service, the credit under this
section is also subject to recapture in a proportional amount from all
taxpayers that claimed the credit.� The recapture is calculated by increasing
the amount of taxes imposed in the following year by the amount recaptured.
E. The department of revenue, with
the cooperation of the department of insurance and financial institutions and
the Arizona department of housing, shall adopt rules and publish and prescribe
forms and procedures as necessary to administer this section.
END_STATUTE
Sec. 9.
Delayed repeal
Section 43-1163, Arizona Revised
Statutes, as added by this act, is repealed from and after December 31, 2036.
Sec. 10.
Purpose
Pursuant
to section 43-223, Arizona Revised Statutes, the legislature enacts
sections 43-1075 and 43-1163, Arizona Revised Statutes, as added by
this act, to support the construction of new affordable housing projects in
rural areas this state.
Sec. 11.
Retroactivity
This act applies retroactively to
taxable years beginning from and after December 31, 2026.
Sec. 12.
Saving clause
The repeal of sections 20-224.04,
41-3954, 43-1075 and 43-1163, Arizona Revised Statutes, by
added by this act, does not:
1. Limit or impair the
issuance of premium tax credits or income tax credits for qualified projects
that receive a reservation from the Arizona department of housing pursuant to
section 41-3954, Arizona Revised Statutes, as added by this act, before
December 31, 2036 or a taxpayer's ability to redeem such tax credits in
accordance with sections 20-224.04, 41-3954, 43-1075 and 43-1163,
Arizona Revised Statutes, as added by this act.
2. Affect any act done or
right accruing or accrued or any suit or proceeding had or commenced in any
civil cause of action before the repeal.� All rights and liabilities under such
acts continue and may be enforced in the same manner as allowed before the
repeal.