United States
                         Environmental
                         Protection Agency
                         Washington, D.C.  20460
   Solid Waste
   and Emergency
   Response(5101)
                         Brownfields
                         Tax  Incentive
EPA500-F-97-155
August 1997
  Outreach and Special Projects Staff (5101)
                    Quick Reference Fact Sheet
  EPA's Brownfields Economic Redevelopment Initiative is designed to empower States, communities, and other
  stakeholders in economic redevelopment to work together in a timely manner to prevent, assess, safely clean up,
  and sustainably reuse brownfields.  A brownfield is a site, or portion thereof, that has actual or perceived
  contamination and an active potential for redevelopment or reuse. EPA's Brownfields Initiative strategies include
  funding pilot programs and other research efforts, clarifying liability issues, entering into partnerships, conducting
  outreach activities, developing job training programs, and addressing environmental justice concerns.
OVERVIEW

On August 5, 1997, President Clinton signed the
Taxpayer Relief Act (HR 2014/PL 105-34), which
included a new tax incentive to spur the cleanup and
redevelopment of brownfields in distressed urban and
rural areas. The Brownfields Tax Incentive builds on
the momentum of the Clinton Administration's
Brownfields National Partnership Action Agenda,
announced in May 1997.  The National Partnership
outlines a comprehensive approach to the assessment,
cleanup, and sustainable reuse ofbrownfields, including
specific commitments from 15  Federal agencies. The
Brownfields Tax Incentive will help bring thousands
of abandoned and under-used industrial sites back
into  productive use, providing the foundation for
neighborhood revitalization, job  creation,  and the
restoration of hope in our nation's cities and distressed
rural areas.

BACKGROUND

Federal tax law generally requires that those expen-
ditures that increase the value or extend the useful life
of a property, or that adapt the  property to a different
use, be capitalized; and, if the property is depreciable,
that they are depreciated over the life of the property.
This means that the full cost cannot be deducted from
income in the year that the expenditure occurs.  This
capitalization treatment also  applies to the cost of
acquiring property.  In contrast, repair and mainte-
nance expenditures generally can be  deducted from
income in the year incurred. In  the past, many
environmental remediation expenditures  had to be
capitalized overtime, and could not be fully deducted
or expensed in the year incurred.

In 1994, the Internal Revenue Service (IRS) issued a
ruling that stated that certain costs incurred to clean
up land and groundwater could be deducted as business
expenses in that same year. However, the ruling only
addressed cleanup costs incurred by the same taxpayer
that contaminated the land. It did not address cleanup
costs incurred by  a party that had purchased
contaminated property,  or an  owner  who was
interested in putting the land to new use. Further, the
IRS ruling was unclear as to whether other remediation
costs not specifically addressed in the ruling would be
deductible in the year incurred or would have to be
capitalized.

These unresolved issues created potential financial
obstacles  in the contaminated  properties market.
Specifically, owners of contaminated property could
remediate their property and sell the clean property at
its full market value, enabling them to fully recoverthe
cost of remediation.  However, prospective purchas-
ers of contaminated property had to  purchase the
property at its impaired  value,  attributable to the
contamination, and capitalize the remediation costs.
This arguably left prospective purchasers at a disad-
vantage  in terms of environmental remediation ex-
penditures. Additionally, property owners who wanted
to remediate their property and put it to a different use
were at a disadvantage because they were not able to
fully deduct their remediation costs in the year in-
curred.

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TAX INCENTIVE

Under the new Brownfields Tax Incentive, environ-
mental cleanup costs for properties in targeted areas
are fully deductible in the year in which they are
incurred, rather than having to be capitalized. The
$1.5  billion incentive is expected to leverage $6.0
billion in private  investment and return an estimated
14,000 brownfieldsto productive use. The Brownfields
Tax Incentive is a valuable  and potent tool that
communities can now utilize in addressing brownfields.

The tax incentive is applicable to properties that meet
specified land use,  geographic, and contamination
requirements.  To satisfy the land use  requirement,
the property must be held by the taxpayer incurring
the eligible expenses for use in a trade or business or
for the production of income, or the property must be
properly included in the taxpayer's  inventory.  To
satisfy the contamination requirement,  hazardous
substances must be present or potentially present on
the property.  To meet the geographic  requirement,
the property must  be located in the one  of the
following areas:

• EPA Brownfields Pilot areas designated prior to
  February 1997;

• Census tracts where 20 percent or  more of the
  population is below the poverty level;
• Census tracts that have a population under 2,000,
  have 75 percent or more  of their land zoned for
  industrial or commercial use, and are adjacent to
  one or more census tracts with a poverty rate of 20
  percent or more; and

• Any Empowerment Zone or Enterprise Commu-
  nity  (and  any  supplemental zone designated on
  December 21,  1994).

Both rural and urban sites may qualify for this tax
incentive.  The taxpayer must get a certification from
the state environmental agency that his/her property
is in a targeted area. The Brownfields Tax Incentive
sunsets after 3 years, thereby covering eligible costs
incurred or paid from the date  of enactment until
January 1, 2001. Sites on EPA's National Priorities
List are excluded.

CONTACT

U.S. EPA-OSWER
Outreach and Special Projects Staff
(202)260-4039

 Alternatively, please use the Internet World Wide
 Web to access the EPA Brownfields Home Page
       at http://www.epa.gov/brownfields
  Brownfields Fact Sheet
  August 1997
                           Brownfields Tax Incentive
                               EPA 500-F-97-155

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