(1) The division shall receive tax credit certificate applications from and issue certificates to landowners for income tax credits for conservation easements donated on or after January 1, 2011, in accordance with section 39-22-522 (2.5) and this article 15. Nothing in this section restricts or limits the authority of the division to enforce this article 15. The division may promulgate rules in accordance with article 4 of title 24 for the issuance of the certificates. In promulgating rules, the division may include provisions governing:
The review of the tax credit certificate application pursuant to this article 15;
The administration and financing of the certification process;
The notification to the public regarding the aggregate amount of tax credit certificates that have been issued and that are on the wait list pursuant to section 39-25-522 (2.5); (d) The notification to the landowner, the entity to which the easement was granted, and the department of revenue regarding the tax credit certificates issued; and
(e) Any other matters related to administering section 39-22-522 (2.5) or this article 15.
The division shall apply the amount claimed in a completed tax credit certificateapplication against the annual tax credit limit in the order that completed applications are received. The division shall apply claimed tax credit amounts that exceed the annual limit in any year against the limit for the next available year and issue tax credit certificates for use in the year in which the amount was applied to the annual limit.
The division shall not issue tax credit certificates that in aggregate exceed the limitset forth in section 39-22-522 (2.5) during a particular calendar year.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 722, § 1, effective October 1.
Editor's note: This section is similar to former § 12-61-1105 as it existed prior to 2019.