2013 District of Columbia Code
Division VIII — GENERAL LAWS
Title 47 — TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
Chapter 46 — SPECIAL TAX INCENTIVES
Section 47-4608 — DC-USA development project - Tax exemptions.

(a) For the purposes of this section, the term:
(1) "DC-USA Project" means the acquisition, development, construction, installation, and equipping of the multi-use retail and parking garage project to be located in square 2674, lots 719, 720, 812, 832, 863, 866, 869, 870, 871, and 872 and the portions of the public alley system in square 2674 that reverted to lots 719, 720, 863, 870, and 872 pursuant to the Closing of Public Alleys on Square 2674, S.O. 01-2426, Act of 2004, effective March 17, 2005 (D.C. Law 15-254; 51 DCR 11429), and the Plat of Alley Closing filed with the Surveyor of the District of Columbia in Book 199, Page 88, including the successor record or assessment and taxation lots to be developed by the Developer, consisting of:
(A) Approximately 487,000 square feet of retail space, including approximately 180,000 square feet of retail space to be owned and operated as a department store by Target Corporation;
(B) An underground parking garage for approximately 1,000 automobiles; and
(C) Other ancillary improvements.
(2) "Developer" means DC USA Operating Co. LLC.
(3) "Development Sponsor" means the National Capital Revitalization Corporation, any subsidiary thereof, or assignee thereof.
(4) "Parking Garage Unit" means the underground parking garage for approximately 1,000 automobiles which will be one of 3 commercial condominium units comprising the DC-USA Project.
(b) The DC-USA Project shall be exempt from the tax imposed by §§ 42-1103 and 47-903.
(c) (1) The sales and rental of tangible personal property to be incorporated in or consumed in the course of the development, construction, equipping, and furnishing of the DC-USA Project, whether or not the sale, material, rental, or nature of the property is incorporated as a permanent part of the DC-USA Project, shall be exempt from the tax imposed by § 47-2002.
(2) The sales tax exemption granted by paragraph (1) of this subsection shall apply upon the conveyance of the real property to the Developer by the Development Sponsor.
(3) The sales tax exemption granted by paragraph (1) of this subsection shall terminate upon the issuance of a Certificate of Occupancy for the DC-USA Project.
(d) (1) The DC-USA Project shall be exempt from the tax imposed by Chapter 8 [of this title].
(2) The real property tax exemption granted by paragraph (1) of this subsection shall apply upon the conveyance of the real property to the Developer by the Development Sponsor.
(3) The real property exemption granted by paragraph (1) of this subsection shall terminate upon the conveyance of the Parking Garage Unit from the Developer to the Development Sponsor.
(e) The amount of taxes exempt pursuant to subsections (c) and (d) of this section shall not exceed, in the aggregate, $1,029,000.
(f) The amount of all taxes exempt pursuant to this section shall be in addition to any other tax relief or assistance from any other source applicable to the DC-USA Project.

History
(May 20, 2006, D.C. Law 16-105, § 2(b), 53 DCR 2051; Mar. 2, 2007, D.C. Law 16-191, § 9(a), 53 DCR 6794; Mar. 25, 2009, D.C. Law 17-353, § 112, 56 DCR 1117.)

Annotations
Effect of Amendments. D.C. Law 16-191, in the section designation, validated a previously made technical correction.
D.C. Law 17-353 validated a previously made technical correction in the section designation.

Temporary Addition of Section. Section 2(b) of D.C. Law 16-77 added § 47-4607 to read as follows:
"47-4607. DC-USA development project-tax exemptions.
"(a) For the purposes of this section, the term:
"(1) 'DC-USA Project' means the acquisition, development, construction, installation, and equipping of the multi-use retail and parking garage project to be located in square 2674, lots 719, 720, 812, 832, 863, 866, 869, 870, 871, and 872 and the portions of the public alley system in square 2674 that reverted to lots 719, 720, 863, 870, and 872 pursuant to the Closing of Public Alleys on Square 2674, S.O. 01-2426, Act of 2004, effective March 17, 2005 (D.C. Law 15-254; 51 DCR 11429), and the Plat of Alley Closing filed with the Surveyor of the District in Book 199, Page 88, including the successor record or assessment and taxation lots to be developed by Developer, consisting of:
"(A) Approximately 487,000 square feet of retail space, including approximately 180,000 square feet of retail space to be owned and operated as a department store by Target Corporation;
"(B) An underground parking garage for approximately 1,000 automobiles; and
"(C) Other ancillary improvements.
"(2) 'Developer' means DC USA Operating Co. LLC.
"(3) 'Development Sponsor' means the National Capital Revitalization Corporation, any subsidiary thereof, or assignee thereof.
"(4) 'Parking Garage Unit' means the underground parking garage for approximately 1,000 automobiles which will be one of 3 commercial condominium units comprising the DC-USA Project.
"(b) The DC-USA Project shall be exempt from the tax imposed by §§ 42-1103 and 47-903.
"(c)(1) The sales and rental of tangible personal property to be incorporated in or consumed in the course of the development, construction, equipping, and furnishing of the DC-USA Project, whether or not the sale, material, rental, or nature of the property is incorporated as a permanent part of the DC-USA Project, shall be exempt from the tax imposed by § 47-2002.
"(2) The sales tax exemption granted by paragraph (1) of this subsection shall apply upon the conveyance of the real property to the Developer by the Development Sponsor.
"(3) The sales tax exemption granted by paragraph (1) of this subsection shall terminate upon the issuance of a Certificate of Occupancy for the DC-USA Project.
"(d)(1) The DC-USA Project shall be exempt from the tax imposed by Chapter 8.
"(2) The real property tax exemption granted by paragraph (1) of this subsection shall apply upon the conveyance of the real property to the Developer by the Development Sponsor.
"(3) The real property exemption granted by paragraph (1) of this subsection shall terminate upon the conveyance of the Parking Garage Unit from the Developer to the Development Sponsor.
"(e) The amount of taxes exempt pursuant to subsections (c) and (d) of this section shall not exceed, in the aggregate,
"(f) The amount of all taxes exempt pursuant to this section shall be in addition to any other tax relief or assistance from any other source applicable to the DC-USA Project, including exemptions and incentives provided in § 47-3802."
Section 4(b) of D.C. Law 16-77 provides that the act shall expire after 225 days of its having taken effect.
Section 3(b) of D.C. Law 17-28 added § 47-4608 to read as follows:
"§ 47-4608. Exemption from remittance of business taxes and sales taxes for dislocated interior Eastern Market tenants.
"A dislocated interior market tenant doing business at Eastern Market shall be exempt from corporate and unincorporated business taxes and sales taxes imposed by, respectively, Chapters 18 and 20 of this title for the period of February 1, 2007 through April 30, 2007."
Section 5(b) of D.C. Law 17-28 provides that the act shall expire after 225 days of its having taken effect.

Emergency Legislation. For temporary (90 day) addition, see § 2(b) of DC-USA Economic Development Emergency Act of 2005 (D.C. Act 16-247, December 22, 2005, 53 DCR 277).
For temporary (90 day) addition, see § 2(b) of DC-USA Economic Development Congressional Review Emergency Act of 2006 (D.C. Act 16-326, March 23, 2006, 53 DCR 2579).
For temporary (90 day) amendment of section, see § 4(a) of Finance and Revenue Technical Amendments Second Emergency Amendment Act of 2006 (D.C. Act 16-585, December 28, 2006, 54 DCR 340).
For temporary (90 day) addition, see § 3(b) of Eastern Market and Georgetown Public Library Disaster Relief Emergency Act of 2007 (D.C. Act 17-53, June 21, 2007, 54 DCR 6589).

Legislative History of Law 16-105. Law 16-105, the "DC-USA Economic Development Act of 2006", was introduced in Council and assigned Bill No. 16-514 which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on January 4, 2006, and February 7, 2006, respectively. Signed by the Mayor on February 27, 2006, it was assigned Act No. 16-293 and transmitted to both Houses of Congress for its review. D.C. Law 16-105 became effective on May 20, 2006.

Legislative History of Law 16-191. For Law 16-191, see notes following § 47-2425.

Legislative History of Law 17-353. For Law 17-353, see notes following § 47-308.

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