                                 CODE OF VIRGINIA

LIVABLE HOME TAX CREDIT (§ 58.1-339.7)

A. For taxable years beginning on and after January 1, 2000, any taxpayer who
purchases a new residence or retrofits or hires someone to retrofit an existing
residence, provided that such new residence or the retrofitting of such existing
residence is designed to improve accessibility, provide universal visitability,
and meets the eligibility requirements established by guidelines developed by
the Department of Housing and Community Development, shall be allowed a credit
against the tax imposed pursuant to &#xA7; 58.1-320 of an amount equal to $500,
or $2,000 for taxable years beginning on or after January 1, 2010, for such new
residence or 25 percent of the total amount spent for the retrofitting of such
existing residence. For taxable years beginning on or after January 1, 2010, the
25 percent shall increase to 50 percent. The amount of the credit allowed for
the retrofitting of an existing residence shall not exceed $500, or $2,000 for
taxable years beginning on or after January 1, 2010. Such a credit shall require
application by the taxpayer as provided in subsection C. For purposes of this
section, the purchase of a new residence means a transaction involving the first
sale of a residence or dwelling. The provisions of this subsection shall not be
applicable for taxable years beginning on or after January 1, 2011.

B. For taxable years beginning on or after January 1, 2011, an individual shall
be allowed a credit against the tax imposed by &#xA7; 58.1-320 for a portion of
the total purchase price paid by him for a new residence or the total amount
expended by him to retrofit an existing residence, provided that the new
residence or the retrofitting of the existing residence is designed to improve
accessibility, to provide universal visitability, and it meets the eligibility
requirements established by guidelines developed by the Department of Housing
and Community Development. In addition, a licensed contractor, as defined in
&#xA7; 54.1-1100, shall be allowed a credit against the tax imposed by &#xA7;
58.1-320 or 58.1-400 for a portion of the total amount it expended in
constructing a new residential structure or unit or retrofitting or renovating
an existing residential structure or unit, provided that the new residential
structure or unit or the retrofitting or renovating of the existing residential
structure or unit is designed to improve accessibility, to provide universal
visitability, and it meets the eligibility requirements established by
guidelines developed by the Department of Housing and Community Development.
			The credit shall be allowed for the taxable year in which the residence has
been purchased or construction, retrofitting, or renovation of the residence or
residential structure or unit has been completed. For taxable years beginning
before January 1, 2023, the credit allowed under this section shall not exceed
(i) $5,000 for the purchase of each new residence or the construction of each
new residential structure or unit or (ii) 50 percent of the total amount
expended, but not to exceed $5,000, for the retrofitting or renovation of each
existing residence or residential structure or unit. For taxable years beginning
on and after January 1, 2023, the credit allowed under this section shall not
exceed (i) $6,500 for the purchase of each new residence or the construction of
each new residential structure or unit or (ii) 50 percent of the total amount
expended, but not to exceed $6,500, for the retrofitting or renovation of each
existing residence or residential structure or unit.
			No credit shall be allowed under this section for the purchase, construction,
retrofitting, or renovation of residential rental property.

C. Eligible taxpayers shall apply for the credit by making application to the
Department of Housing and Community Development. The Department of Housing and
Community Development shall issue a certification for an approved application to
the taxpayer. The taxpayer shall attach the certification to the applicable
income tax return. For fiscal years beginning before July 1, 2023, the total
amount of tax credits granted under this section for any fiscal year shall not
exceed $1 million. For fiscal years beginning on and after July 1, 2023, the
total amount of tax credits granted under this section for any fiscal year shall
not exceed $2 million. For fiscal years beginning before July 1, 2023, the
Department of Housing and Community Development shall allocate $500,000 in tax
credits for the purchase or construction of new residences and $500,000 in tax
credits for the retrofitting or renovation of existing residences or residential
structures or units. For fiscal years beginning on and after July 1, 2023, the
Department of Housing and Community Development shall allocate $1 million in tax
credits for the purchase or construction of new residences and $1 million in tax
credits for the retrofitting or renovation of existing residences or residential
structures or units. If the amount of tax credits approved in a fiscal year for
the purchase or construction of new residences is less than the total amount
allocated for such fiscal year, the Director of the Department of Housing and
Community Development shall allocate the remaining balance of such tax credits
for the retrofitting or renovation of existing residences or residential
structures or units. If the amount of tax credits approved in a fiscal year for
the retrofitting or renovation of existing residences or residential structures
or units is less than the total amount allocated for such fiscal year, the
Director of the Department of Housing and Community Development shall allocate
the remaining balance of such tax credits for the purchase or construction of
new residences. In the event applications for the tax credit exceed the amount
allocated by the Director for the fiscal year, the Department of Housing and
Community Development shall issue the tax credits pro rata based upon the amount
of tax credit approved for each taxpayer and the amount of tax credits allocated
by the Director.
			In no case shall the Director issue any tax credit relating to transactions
or dealings between affiliated entities. In no case shall the Director issue any
tax credit more than once to the same or different persons relating to the same
retrofitting, renovation, or construction project.

D. In no case shall the amount of credit taken by a taxpayer pursuant to this
section exceed the taxpayer&#8217;s income tax liability for the taxable year.
If the amount of credit allowed for the taxable year in which the residence has
been purchased or construction, retrofitting, or renovation of the residence or
residential structure or unit has been completed exceeds the taxpayer&#8217;s
income tax liability imposed for such taxable year, then the amount that exceeds
the tax liability may be carried over for credit against the income taxes of
such taxpayer in the next seven taxable years or until the total amount of the
tax credit issued has been taken, whichever is sooner. Credits granted to a
partnership, limited liability company, or electing small business corporation
(S corporation) shall be allocated to the individual partners, members, or
shareholders, respectively, in proportion to their ownership or interest in such
business entities.

HISTORY: 1999, c. 404; 2007, cc. 68, 765; 2009, cc. 15, 496; 2011, c. 365; 2023,
c. 444.