Wednesday, June 6, 2012

Texas Property Tax Incentives for Brownfields Redevelopment (Ad Valorem Property Tax Abatements)

Local governments can offer additional ad valorem property tax abatements to attract cleanup and redevelopment of #brownfields. Senate Bill 1596 and House Bill 1239 of the 75th Texas Legislative Session added Section 312.211 to the Texas Tax Code, allowing municipal or county taxing authorities to grant property-tax relief for the development or redevelopment of certain brownfields in a reinvestment zone that have been cleaned up through the VCP.
To be eligible, the real property must:
  1. be located in a reinvestment zone created under Tax Code 311
  2. not be in an improvement project financed by tax increment bonds; and
  3. have received a voluntary-cleanup certificate of completion from the VCP.
The governing body must enter into a tax-abatement agreement with the owner of the brownfield property as set forth in Tax Code 312.002Exit the TCEQ The governing body is allowed to exempt from taxation:
  1. up to 100 percent of the value of the property in the first year covered by the agreement;
  2. up to 75 percent in the second year;
  3. up to 50 percent in the third year; and
  4. up to 25 percent in the fourth year.
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