§ 15-5-1304 - Tax credits authorized -- Amount allowed annually -- Exceeded when -- Upper limits set -- Carryover permitted.
               	 		
15-5-1304.    Tax credits authorized -- Amount allowed annually -- Exceeded when -- Upper limits set -- Carryover permitted.
    (a)    (1)  For  proposals approved under    15-5-1303, the amount of the tax credit  shall not exceed thirty percent (30%) of the total amount invested in  affordable housing assistance activities by a business firm.
      (2)  Any  tax credit not used in the period for which the credit was approved may  be carried forward to any of the five (5) subsequent taxable years  until the full credit has been allowed.
      (3)  The  total amount of tax credits granted for programs approved under     15-5-1303 shall not exceed seven hundred fifty thousand dollars  ($750,000) in any taxable year.
      (4)  For  taxable year 1997, at least one-half (1/2) of the tax credits shall be  designated by the Arkansas Development Finance Authority to the  affordable housing assistance activities in counties declared disaster  areas by the Governor.
(b)    (1)  For  any year during the compliance period indicated in the land-use  restriction agreement, the owner of the affordable housing rental units  for which a credit is being claimed shall certify to the authority that  all tenants renting claimed units are income-eligible for the affordable  housing units and that the rentals for each claimed unit are affordable  in compliance with the provisions of    15-5-1302.
      (2)  The authority is authorized, in its discretion, to audit the records and the accounts of the owner to verify the certification.
(c)    (1)  In  the case of owner-occupied affordable housing units, the qualifying  owner-occupant, before the end of the first year in which credits are  claimed, shall certify to the authority that the occupant is income  eligible during the preceding two (2) years and at the time of the  initial purchase contract, but not thereafter.
      (2)  The  qualifying owner-occupant shall further certify to the authority before  the end of the first year in which credits are claimed that during the  compliance period indicated in the land-use restriction agreement, the  cost of the affordable housing unit to the occupant for the claimed unit  can reasonably be projected to be in compliance with the provisions of     15-5-1302.
      (3)  Any succeeding  owner-occupant acquiring the affordable housing unit during the  compliance period indicated in the land-use restriction agreement shall  make the same certification.