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SCDOR Updated Guidance on Textile Tax Credits

The South Carolina Department of Revenue issued a ruling in late February that provides clarification on the eligibility of properties designated as distressed for textile tax credits. This most recent ruling confirms that the rehabilitation of any building within the 1,000-foot radius of a textile mill can qualify for these tax credits, not just the buildings historically used for textile manufacturing or related purposes. For instance, a distribution center or office building located within 1,000 feet of a textile mill and on a distressed parcel can qualify for textile tax credits, even though the distribution center or office building itself was never used for textile manufacturing or related activities.

The ruling also states that a demolished textile mill site can now qualify if the taxpayer can prove that the textile mill once existed on the site, and the specific location and boundaries of that facility. This is new guidance that will allow many sites that were either previously written off or overlooked to qualify for the textile tax credit.

Additionally, the latest ruling clarifies that for a building located on a contiguous parcel within the 1,000-foot radius, the 200% square footage limitation allows a taxpayer to triple, rather than just double, the square footage of the existing building, and still claim textile tax credits for all rehabilitation expenses. For example, a 20,000-square-foot distribution center building could theoretically be transformed into a structure totaling up to 60,000 square feet without violating the 200% limit.

The ruling does specify that the 200% square footage limitation is based on the buildings' size on the contiguous parcel at the time the textile mill was abandoned. It also outlines scenarios where the buyer of a textile mill site, which has not yet been placed in service, can use rehabilitation expenses paid by the seller in their calculation of the credit.  The buyer must submit a new notice of intent to the Department of Revenue to claim qualified rehabilitation expenses incurred by the seller and may only claim the seller's rehabilitation expenses to the extent that they do not exceed the difference between the purchase price paid by the seller and the price paid by the buyer

As a direct result of this ruling, South Carolina taxpayers who have submitted a Notice of Intent with the Department but have not yet placed the site in service can amend their Notice of Intent until June 10, 2025.

To read SC Revenue Ruling #25-1 (Revised) in its entirety, please click here.