Eligible Census Tract Determinations for the New York Historic Rehabilitation Tax Credit

By: Timothy Lynn

The New York State Department of Taxation & Finance (“DTF”) issued an advisory opinion TSB-A-20(2)C,(1)I regarding the determination of whether an historic rehabilitation project is located in a census tract eligible for New York’s historic rehabilitation tax credit.

DTF determined that a determination of eligibility by New York State Office of Parks, Recreation and Historic Preservation (OPRHP) (a/k/a SHPO) is dispositive.  This determination is ordinarily included with an applicant’s Part 2 determination from SHPO or by correspondence inquiring as to whether an applicant wishes to receive a New York Part 3 determination.