[Previous] [Next]

§68-2357.24.


§68-2357.24.
   
   A. For taxable years beginning after December 31, 1994, there shall be
   allowed a deduction from the taxable income of any resident taxpayer
   who sells to this state any real property in which the taxpayer is the
   record owner and which real property was the site of a historic battle
   during the nineteenth century and is or has been designated a National
   Historic Landmark. For purposes of this section, a "National Historic
   Landmark" is a district, site, building, structure or object,
   designated by the Secretary of the Interior as possessing national
   significance in American history, archaeology, architecture,
   engineering or culture.
   
   B. The deduction allowed by this section shall be limited to fifty
   percent (50%) of any capital gain the owner of the property receives
   or realizes upon the sale of the property and shall be allowed for the
   taxable year in which the sale occurred.
   
   C. A husband and wife who file separate returns for a taxable year in
   which they could have filed a joint return may each claim only
   one-half (1/2) of the tax deduction that would have been allowed for a
   joint return. If record title to the property is held in more than one
   individual other than a husband and wife, each owner shall be allowed
   the deduction in the same percentage as that individual's percentage
   of ownership in the property. In no event shall the total deduction
   allowed by this section exceed fifty percent (50%) in the taxable year
   of the capital gain realized on the sale of the property.
   
   D. Record title to the property subject to the provisions of this
   section may be initially transferred or conveyed by the resident
   taxpayer to a private, nonprofit organization if the organization
   transfers or conveys record title to the property to this state within
   one (1) year of the sale or transfer of the property from the resident
   taxpayer to the organization. The private, nonprofit organization
   shall not be entitled to the deduction provided by this section. If
   record title is not transferred or conveyed to this state by the
   private, nonprofit organization within the one-year period, the
   resident taxpayer shall not be allowed the deduction.
   

[Previous] [Next]