HB2005 HFA Fleischauer 1-23

Delegate Fleischauer moves to amend the bill on page 2, by striking out Article 6L in its entirety and inserting in lieu thereof, the following:

“CHAPTER 11. TAXATION.

ARTICLE 13EE. Wireless technology business property TAX CREDIT.

§11-13EE-1. Short title.

This article shall be cited as the “Wireless Technology Business Tax Credit.”

§11-EE-2. Legislative findings and purpose.

The Legislature finds that the encouragement of economic growth through the expansion of wireless technology is an essential component in economic development and enhancing the quality of cellular services to state citizens with poor or limited cellular and internet service.  In order to encourage expansion of cellular services throughout underserved areas of the state, that a tax credit for construction of cellular towers is in the public interest, and therefore a temporary tax credit to facilitate construction of these facilities is in the public interest and will encourage economic growth and improve the quality of life for our citizens.

§11-13EE-3. Definitions.

For the purposed of this article, “Tower” means a structure which hosts an antenna or other equipment used for the purposes of transmitting cellular or wireless signals for communications purposes, including telephonically, or for computing purposes, including any antenna and all associated equipment in areas of the state with poor or limited internet and cellular services.

§11-13EE-4. Amount of credit allowed.

Any taxpayer who installs or causes to be installed a tower on property located in this state and the tower in areas of the state with poor or limited internet and cellular services owned by the taxpayer and constructed any time beginning July 1, 2019 and ending July 1, 2024, shall be allowed a credit in an amount equal of 80% of the construction costs of the tower, prorated over a five-year period.  This credit shall reduce taxes paid by the taxpayer pursuant to §11-24-1 et seq., of this code.

§11-13EE-5. Carryover credit allowed; Tax Commissioner to promulgate rules.

If the amount of the credit exceeds the taxpayer's liability for the taxable year, the amount which exceeds the tax liability may be carried over and applied as a credit against the tax liability of the taxpayer pursuant to the provisions of article twenty-four of this chapter to each of the next taxable years unless sooner used.  The State Tax Commissioner shall consult with the Public Service Commission to identify areas of the State to designate as having poor or limited internet services, and  promulgate legislative rules pursuant to the provisions of §29A-1-1 et seq. of this code regarding the  locations eligible for the tax credit, method of claiming of the credit, and documentation necessary to claim the credit allowed by this article.”