Delaware Code Title 30. State Taxes § 1816. Total amount of credits permitted in each fiscal year;  allocation of such credits

(a) The maximum amount of new credit awards under this chapter in any fiscal year shall not exceed $8,000,000.  One hundred thousand dollars of the credit awards in a fiscal year must be reserved for distribution to qualified resident curators.  If in any fiscal year there are insufficient qualified resident curators to exhaust this allotment, the unused credit amount will be available in the next fiscal year for award to persons qualifying under § 1813(a)(1) or (2) of this title.  In any 1 year, $1,500,000 of tax credits shall be reserved for projects receiving a credit of not more than $300,000.  In addition, in any 1 year, $1,500,000 of tax credits shall be reserved for projects located in Downtown Development Corridors or Downtown Development Districts of which $500,000 shall be reserved for projects in such corridors or districts receiving a credit of not more than $300,000.  On April 1 of each year, any unused balance of the foregoing pools of tax credits shall be available to any eligible project.  However, should a credit award exceed the actual credit claimed, the amount of the excess credit award shall not be available for a subsequent award.

(b) The State Office shall ensure that the date and time of Stage II approval is noted on the first page of the application.  Credits will be awarded in chronological order based upon the date and time on which each application receives Stage II approval from the State Office.  If a credit award would result in an excedence of the $5,000,000 limitation for the fiscal year in which it is awarded, the amount by which such credit award exceeds $5,000,000 shall carry over to the succeeding fiscal year and shall receive priority for that year.

(c) All applicants must begin construction on the approved Stage II rehabilitation plan within 1 year of receiving the Stage II approval.  If construction on the rehabilitation plan is not substantially commenced and diligently pursued within this time period, the applicant will forfeit the awarded credits, and the credits awarded to such applicant will become available for award to other applicants.

(d) Upon completion of the rehabilitation or, if applicable, phase thereof, the applicant shall obtain a Certificate of Completion from the Delaware State Historic Preservation Officer in accordance with § 1815 of this title.  The applicant shall then take the necessary Title 30--State Taxes procedures to claim the state tax credit in accordance with this chapter.  However, no such claim for state tax credit shall be made prior to the 1-year anniversary of receipt of the Stage II approval from the State Office.

(e) The Secretary of Finance shall report to the Governor and the General Assembly on the second Tuesday of every January concerning the amount of tax credits awarded pursuant to this subchapter for the previous fiscal year.

(f) On or before January 31 of every year, the Division of Historical and Cultural Affairs of the Department of State shall issue an annual report on the restoration and rehabilitation status of all tax credit projects approved during the previous calendar year.  The annual report will also include a list of all tax credit projects issued in previous years which have a balance of credits which have not been claimed.  The annual report shall be distributed to the Governor and the General Assembly.

(g) The Division of Historical and Cultural Affairs shall award any unused credits from the immediately preceding two Fiscal Years to qualified projects that have received a Certificate of Completion and complied with all other applicable requirements of the program.

(h) Beginning on June 30, 2025, the Division of Historical and Cultural Affairs shall award such unused credits if there are insufficient credits available to award to qualified projects in that Fiscal Year.