Parks, Recreation and Historic Preservation

Historic Preservation Tax Credit Programs for Income-Producing Properties

The Federal Historic Preservation Tax Credit Incentives program provides a 20% federal tax credit to property owners who undertake a substantial rehabilitation of a historic income-producing property. For projects approved for the federal credit, the property owner may be eligible for an additional 20-30% New York State credit. There is one application for both programs.

The New York State Historic Preservation Office is the first point of contact and primary coordinator to gain approvals on both programs for projects based in New York State. Partners include the National Park Service, the Internal Revenue Service, and the New York State Department of Taxation and Finance.

Federal Historic Preservation Tax Credit Incentives

A 20% income tax credit is available for the rehabilitation of historic buildings that are determined by the Secretary of the Interior (through the National Park Service) to be “certified historic structures.” The buildings must be considered depreciable under the Internal Revenue Code, such as in a business, commercial, or other income-producing use. The State Historic Preservation Offices and the National Park Service review the rehabilitation work to ensure that it complies with the Secretary’s Standards for Rehabilitation . The Internal Revenue Service defines qualified rehabilitation expenses on which the credit may be taken. Owner-occupied residential properties do not qualify for the federal rehabilitation tax credit.

Note: Private, owner-occupied homes do not qualify for the commercial rehabilitation credit, but may be eligible for the New York State Historic Homeownership Rehabilitation Credit.

New York State Commercial Historic Preservation Tax Credit

Owners of income-producing historic properties that have been approved to receive the 20% federal historic rehabilitation tax credit incentives could be eligible for an additional state tax credit.

• The property must be located in a qualifying census tract or on NY State parkland. Eligible census tract data is updated April 1 of each year.
• Owners can receive an additional state credit of 20% or 30% of the Qualified Rehabilitation Expenditure (QRE) resulting in credits not to exceed $5,000,000.
• To qualify for the 30% state credit: the placed-in-service date must be after January 1, 2022, and the total QREs cannot exceed $2.5 million.

There is no application form for the New York State credit. Applicants need to meet the New York State program requirements defined above, comply with OPRHP’s media agreement, and submit the applicable state review fees. After Part 3 of the federal application is approved by the National Park Service - and the state fees are paid - OPRHP will issue a certification allowing owners to claim the New York State credit.

NYS Program Available through 2029
Current New York State legislation has the availability of the State Historic Rehabilitation Tax Credit program until December 31, 2029. Additionally, the law requires eligible census tract information to be updated April 1 of each year. Once a project is submitted and found to meet the census tract eligibility requirements, the project remains eligible in the program until project completion.

Questions? Contact us!

Beth Cumming, Program Coordinator, 518-728-8359

Part 1 Staff
Part 1 staff assist owners filling applications to certify the historic significance of their buildings.

Part 1 Staff Map

• Kathleen LaFrank, Part 1 Coordinator, 518-268-2165
• Christopher Brazee, 518-268-2180
• Johnathan Farris, 518-268-2465

Part 2 and Part 3 Staff
Part 2 and Part 3 staff assist property owners with application of the Secretary of the Interior’s Standards for Rehabilitation for consultation review and tax credit projects.

Part 2 & Part 3 Staff Map

• Beth Cumming, Part 2 & Part 3 Coordinator, 518-728-8359
• Ashley Barrett, 518-268-2175
• Weston F. Davey, 518-268-2164
• Sara McIvor, 518-268-2127
• Mariana Montes Staines, 518-268-2142
• Theresa Moriarty, 518-268-2145
• Lisa Petruzzelli, 518-268-2187
• Derek Rohde, 518-275-5745
• Robyn Sedgwick, 518-268-2170

Quick Overview

Income Producing Historic Preservation Tax Credit Program

Building Type: Income-producing historic building (includes: commercial, office, industrial, and residential rentals). The buildings must be considered depreciable under the Internal Revenue Code, such as in a business, commercial, or other income-producing use.
National Register Listing Requirement: Must be listed or in the process of being listed in the National Register of Historic Places. Those buildings in the process of being listed must become listed within 30 months of the historic building being placed in service.
Census Tract Requirement: None for federal program; yes for state program.
Is there an application? Yes, there is a 3-part application available from the National Park Service (NPS). You can find the application materials here . All applications are completed electronically. The NY SHPO manages the federal program in New York. SHPO staff review applications and forward applications to the NPS for final approval.
Approvals: Final approval is made by the National Park Service. Part 1 of the application must be approved before the project is complete. Part 2 approval is not required to start work, but it is strongly encouraged.
Fees: Between $0 and $6,500 | Application fee information is available on the NPS website
Length of time owner must hold the building: Owners must hold the building and treat the building in accordance with the Secretary of the Interior’s Standards for 5 years post project completion or the project may be subject to recapture of the credits with the IRS and NY State Tax and Finance.
Rehabilitation Credit: This website does not provide tax advice. For more information about the Rehabilitation Credit, please visit the Internal Revenue Service’s (IRS) website . Or NY State Tax and Finance website https://www.tax.ny.gov/pit/credits/hist_prop.htm

Submission Process

All applications for either State or Federal Income Producing Historic Preservation Tax Credit programs must be submitted to the NY SHPO office.

Working with the State Historic Preservation Office (SHPO)

The SHPO is the first point of contact for this program in New York and will review application materials throughout project planning and construction, provide technical assistance and advice, and make certification recommendations to the National Park Service for their review.

The program application is in three parts. NY SHPO staff work on different areas of the application process:

• Part 1 staff assist owners filling applications to certify the significance of their buildings.
• Part 2 and Part 3 staff assist property owners with application of the Secretary of the Interior’s Standards for Rehabilitation for consultation review and tax credit projects.

National Register Status and Certified Historic Structures

If you own and plan to rehabilitate a building that is listed or eligible for listing in the National Register of Historic Places or in a locally certified historic district, you may qualify for the credits. If you are not sure if your property is listed or eligible for State and National Register listing, the SHPO staff can provide information about the nomination process.

Properties that are in the process of being listed or eligible for listing in the National Register of Historic Places may apply for this program, but they are required to complete the listing process to secure their eligibility.

Online Application Process

NPS
The National Park Service (NPS), the federal agency that administers the federal Historic Tax Credit program (also known as the Rehabilitation Investment Tax Credit), transitioned to an electronic review process for all applications in 2023. The National Park Service has developed guidance documents for electronic submission.

All applications must follow these conventions and instructions.

SHPO
The New York State Historic Preservation Office (SHPO) manages the federal program in New York.

All applications for the program must be submitted to SHPO through CRIS – Cultural Resource Information System. SHPO staff will review the applications and will forward the applications to the NPS for final approval.

Application Requirements
NPS and the New York SHPO developed the following requirements for submitting applications and supporting materials electronically. See below for details on submitting digitally to the New York SHPO office.

Failing to follow these requirements may result in delays to your project:

• Applicants must use most recent version of the NPS application form (available on the NPS website)
• All materials must be submitted as PDFs
• Application forms must include one of the following types of signatures:
  • Digital Signature using a digital ID (e.g. Adobe software)
  • Scanned or digitized versions of an original handwritten signature
  • Scanned PDF of an original wet signed Historic Preservation Certification Application (HPCA)
  • Note: E-signatures that include a typed name in a different font and other types of generated signature images will not be accepted
• Application parts must be saved as individual files and not combined (see NPS file requirements)
  • Cover sheets
  • Narratives
  • Site plans/ photo keys
  • Photographs
    • All photographs must follow NPS photograph guidelines for formatting, captions, and photo keys
    • Reminder: Photographs should be submitted in one PDF file and NOT uploaded as individual jpegs through CRIS
  • Existing conditions drawings (floor plans and elevations – submitted as a separate, flattened PDF file)
  • Proposed work drawings (floor plans and elevations – submitted as a separate, flattened PDF file)
• Application files must be saved using the NPS required naming conventions
• Individual application files must not exceed 170MB in size

Using CRIS

The Cultural Resource Information System (CRIS) is the New York State Historic Preservation Office’s online cultural resources data management and GIS tool.

Users may sign up for CRIS or use it as a guest. There is no fee for using CRIS; however, a fee is collected and requested via DocuSign for the New York State tax credit program at Parts 2 and 3. Applicants should use CRIS and the online forms to submit necessary materials to SHPO.

Access CRIS online.

Initiating a Federal Historic Tax Credit Project in New York State

To initiate an income-producing project application: Submit directly through CRIS

• Log into CRIS. You can either use login credentials or proceed as a guest. You must agree to the legal disclaimer (please read it).
• On the first screen go to the "SUBMIT" button on the top banner.
• Under “Other Options” choose “Commercial Tax Credit Pre-application”
• Start a NEW Commercial Tax Credit Pre-application submission
  • The Wizard consists of 5 steps
  • Contact Information – Please note that only those who are contacts will receive e-mails from CRIS.
  • TIP: DO NOT upload any application documents until Step 4.
  • At Step 4 (Tax Credit Attachments), please upload your Part 1 documents. This is optional to complete the form, but we cannot review your application without the documents.
    • Application parts must be saved as separate files following NPS required naming conventions
    • Uploaded files must not be larger than 170 MB in size.
    • SHPO staff request that all individual files be combined into one zip folder and submitted through CRIS as one uploaded zip folder.
  • At Step 5, be sure to click “Submit to SHPO”. You should receive an alert that says “Thank you for submitting your tax credit pre-application”

Continuing a Federal Historic Tax Credit Project in New York State (Part 2/3 amendments)

If you are an applicant with an existing federal historic tax credit project, you should use the “Submit New Information for an Existing Project” option on the existing project wizard in CRIS to submit the remainder of the application.

The following materials are considered “new information” for an existing project:

• Part 2 Application
• Amendment (any)
• Part 3 Application
• Providing the SHPO with a copy of NPS on hold information

To continue a federal historic tax credit project:

• Log into CRIS. You can either use login credentials or proceed as a guest. You must agree to the legal disclaimer (please read it).
• On the CRIS home screen, click the SUBMIT button on the top navigation banner.
• In the lower right box labeled “Other Options”, select “Submit New Information for an Existing Project”
• Enter the CRIS Project Number (##PR#####). You will need this number to continue. You can find the Project Number on SHPO correspondence about the project.
  • Do not use the National Park Service (NPS) project number.
• Enter the owner or project contact email address. Then, click “START”.
• Describe the submission. For example, “Part 2 for 123 Main St., Town, NY”
• Click on the “Attachments” tab.
  • Upload application parts as separate files following the NPS required naming conventions.
    • Uploaded files must not be larger than 170 MB in size.
      • SHPO staff request that all individual files be combined into one zip folder and submitted through CRIS as one uploaded zip folder.
    • Photographs should be submitted in one PDF file and NOT uploaded as individual jpegs through CRIS.
    • Once all individual PDF files are uploaded, click “Done” in the lower right corner of the page.
• Be sure you receive the CRIS alert “Thank you for submitting your information”. Then, click “Okay”.

NOTE: Only Project Contacts can submit application materials through the “Submit New Information for an Existing Project” portal on CRIS. Additional or updated project contacts can be added by emailing CRISHelp@parks.ny.gov or by contacting your SHPO project reviewer

CRIS Help is available online or by emailing CRISHelp@parks.ny.gov

NYS Fee Schedule and Media Agreement

Commercial historic tax credit applicants whose properties are in qualifying census tracts are eligible to claim the New York State Commercial Historic Preservation Tax Credit in addition to the federal credit. There is no separate application for the state tax credit; applicants just need to submit the required state fee and comply with the OPRHP media agreement policy.

NYS Fee Schedule
This fee schedule applies to property owners seeking New York State Commercial Historic Preservation Tax Credit. Fees are based on the total Qualified Rehabilitation Expenditures (QREs).

NOTE: These fees are separate from the review fees owed to the National Park Service. Only applicants whose properties are located in qualifying census tracks are eligible to claim the state tax credit and subject to these fees.

NYS PART 2 Review Fee:
The Part 2 fee should be submitted along with the Part 2 application and a signed copy of the OPRHP media agreement.

Estimated Project QREs Under $100,000 Over $100,000

Fee $50.00 10% of estimated Part 3 fee (see below)

NYS PART 3 Review Fee:
Important! Applicants who have paid the Part 2 fee should subtract that amount from Part 3 fee to determine the amount owed. For example, a project with a total cost of $100,000 will have paid $100 for the Part 2 fee, so the Part 3 fee owed would be $900. The fee should be submitted along with the Part 3 application.

Final Project QREs: Under $20,000 $20,000-$99,999 $100,000-$499,999 $500,000-$999,999 $1,000,000-$2,499,999 $2,500,000-$4,999,999 $5,000,000-$9,999,999 $10,000,000 and over

Fee $100.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $3,000.00 $4,000.00 $5,000.00

NYS Media Agreement
Projects participating in the New York State Historic Rehabilitation Tax Credit for Commercial Properties shall comply with the Office of Parks, Recreation and Historic Preservation’s media guidelines and project signage requirements.

Media agreements need to be signed by the property owner and will be requested by NY SHPO via DocuSign upon submission of a Part 2 application.

The media guidelines and signage requirements are outlined here: Media Agreement

NYS Certification Letters
Certification letters for the NYS Commercial Historic Preservation Tax Credit will be issued after:

• approval of the National Park Service Part 3 application
• applicant has submitted the balance of the NYS processing fee
• applicant has demonstrated compliance with OPRHP media agreement