An Official Website of the Commonwealth of Kentucky
This program is a voluntary incentive that follows regulatory processes that are guided by codified standards of review and required submittals. All application forms are located on our Application & Forms page.
Properties must be listed on the National Register of Historic Places (NRHP), individually or as Contributors to a Historic District. Search for your property on our Preliminary Site Check Map to see its NRHP status. Have questions? Email Marty.Perry@ky.gov to get information on your property and/or the NRHP Historic District it's located within.
State Part 1 Applications are always required. Singular buildings that are individually listed on the NRHP do not need to provide a Federal Part 1 Application.
In addition to being listed, the property must have enough integrity to convey its historic significance. The determination of eligibility is completed in a Part 1 Application. There are no State or Federal Review Fees for a Part 1 application. Part 1 Applications must be accompanied by lots of "Before Rehabilitation" photos that are keyed to a Photo-Key Plan. If work has already begun (which is never recommended), then "Current" photos must also be provided. Questions? See our "How to Photo-Document a Property" tutorial, toward the bottom of this page.
The Part 2 application is the project's Description of Rehabilitation and should be submitted once a project scope can be described in the application, but before you begin any of the work. Beginning work before a Part 2 approval is never recommended and done at the applicant's own risk. The Part 2 outlines proposed rehabilitation work, estimated costs, and may require supplemental materials and drawings for complex projects.
Staff are attempting to visualize the changes that will take place and assess if those changes are aligned with the Standards for Rehabilitation. We do not review for code compliancy; rather, we are looking for the historic character to be visually retained. With this in mind, try to describe the existing condition, the need/desire for the change, and what the intended change will ultimately look like. Try to avoid conflicting or ambiguous language that could be interpreted incorrectly (such as: if possible, repair or replace, where needed, etc.). These descriptions do not give the reviewers an accurate or clear picture of the actual proposal and will likely require revisions.
State Part 2 projects shall not be processed, assigned, or reviewed (and as such, shall not receive an Allocation Letter) until payment is received. State Review Fees are calculated by the Payment Portal and are based on your Qualified Rehabilitation Expenses.
Any work done prior to submitting and receiving an approval of the Part 2 Application is done at the applicant's own risk and may result in disqualification of the project. Retroactive applications are encourage to reach out for a preliminary review prior to submitting any applications.
Allocations:
Once an application is submitted to our website's Application Portal (located on the main Tax Credit website), you'll receive confirmation of your materials' transmittal within 2 business days. KHC's review is typically complete within 30 days from the submittal of a complete application. For projects that also have a Federal application, there is an additional 30 day review period for the NPS to conduct their review.
Please note: If your application is submitted in April, it is not guaranteed to be allocated funding in that fiscal year (May and June). Only projects that contain complete and comprehensive materials by April 29th will be considered for a Allocation Letter in that year.
There is a State and a Federal Rehabilitation Tax Credit.KHC accepts and reviews both State and Federal Tax Credit applications. The property's Proposed Use determines what project category and program you may be eligible to apply for. In the graph below, you'll first identify the best fit for your property's proposed use (circles). Your property's use establishes which Tax Credit program (State and/or Federal) that you may be eligible for, and the subsequent "Qualifying Rehabilitation Expenses" (QRE) requirement.
If you have questions about the Adjusted Basis, please reference the IRS's resources here and here!
Although all scopes of work are under review for a Rehabilitation Tax Credit project, not all of the project's expenses may qualify as QREs for a Tax Credit award. Generally, QREs are expenses that are directly tied to the rehabilitation of the historic property's structural elements. QRE are not the cost of acquisition / purchase price; site work; new construction and/or enlargements of existing structures; or the purchase of personal property (such as appliances, furniture, artwork, etc). Per KRS 171.397(2)(b), the Kentucky Heritage Council shall make the determination of what expenses are considered QREs. While there is no definitive list of QREs vs. Non-QREs, the IRS has a guiding document available, here: IRS's QRE Brief.pdf
If scopes of work change from what was initially submitted in the Part 2 Application, please submit an Amendment application, describing the proposed changes. It is the applicant's responsibility to submit documentation that updates the Description of Rehabilitation, and failure to do so is at their own risk. There are no review fees for an Amendment submittal.
Once the project is complete, the Part 3 application is submitted with "After Rehabilitation" photos, taken from the same vantage point as the "Before" photos previously submitted. Part 3 Review fees must accompany an application in order for it to be considered a complete submittal. Projects shall not be processed, assigned, or reviewed (and as such, shall not be awarded their Tax Credits) until payment is received.
Awards
Monitoring & Enforcement
After a Rehabilitation Tax Credit has been awarded, the taxpayer who received the benefit is responsible for the continued maintenance of the property's Rehabilitation. Any changes proposed to the property within 3-years for State Tax Credits, or 5-years for Federal Tax Credits, must be submitted as an Amendment to the KHC and NPS, respectively, prior to undertaking the work. It is the applicant's responsibility to submit Post-Approval Amendments, and failure to do so is at their own risk. The reporting responsibility during the Monitoring and Enforcement period is not transferrable upon sale of the property and it is at the applicant's own risk to sell a property within the Monitoring and Enforcement period. There are no review fees for a Post-Approval Amendment submittal.
The SOI Standards for Rehabilitation are the criteria used to determine if a project qualifies as a “certified rehabilitation” for the purpose of receiving State and/or Federal Historic Rehabilitation Tax Credits. To be certified, a rehabilitation project must be determined by the Secretary to be consistent with the historic character of the structure(s) and, where applicable, the district in which it is located. The following Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility.
There are (10) Standards for Rehabilitation:
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
The NPS has an online library of resources and guides for interpreting the SOI Standards of Rehabilitation for common project challenges. These resources are located on NPS's website and linked for your convenience, below.
A - Z Index of NPS's Preservation Resources and Guides: This website contains information on (almost) every building component and preservation challenge that you may face! Search by topic using the NPS's link, below:
Example Federal Applications for common building types:
The NPS has recorded a five-part webinar series focused on the Federal Historic Preservation Tax Incentives Program. These trainings are intended for consultants, architects, developers, and other advanced / frequent program users who are already familiar with the certification requirements.
If you have questions about the program(s), applications, or your proposed project, please reach out!