§ 47–869. Performing arts venue real property tax rebate.

(a) For taxable years beginning after December 31, 2018, a qualified business that leases real property that is taxed under this chapter or under Chapter 10 of this title shall receive a rebate of that portion of the tax, if any, that represents the qualified business' pro rata share of the lessor's tax on the property if:

(1) The qualified business is liable under the lease for the pro rata share of the tax;

(2) The qualified business applies for the rebate of the tax on or before September 15 of the tax year; and

(3) The real property tax was paid.

(b) For tax years beginning on or after October 1, 2022, the application shall be submitted to the Mayor. The application shall include:

(1) A copy of the lease with the lessor;

(2) Documentation that the real property tax has been paid;

(3) Documentation that the qualified business met the requirements of § 47-802(17) during the tax year for which the rebate is being requested; and

(4) Documentation or information satisfying any additional requirements for eligibility established by the Mayor through rulemaking or by publication on an official website.

(c)(1) If the application is properly completed and demonstrates that the applicant qualifies for the rebate, the Mayor shall certify by October 31 of the succeeding tax year to the Office of Tax and Revenue ("OTR"), in a form and medium prescribed by OTR, each qualified business eligible to receive a real property tax rebate pursuant to this section, as well as the portion of the tax year that the business is eligible for the tax rebate under this section. The certification shall include information concerning each qualified business certified that is sufficient to enable OTR to determine the amount of the rebate and to make payment.

(2) If the real property tax for the tax year has been paid, OTR shall pay a rebate of real property tax in the amount provided in subsection (d)(1) of this section to each qualified business certified by the Mayor on or before December 31 of the succeeding tax year; except, that OTR shall be allowed 30 days from the date the Mayor makes the certification described in paragraph (1) of this subsection to issue the rebate.

(d) The rebate provided pursuant to this section for a tax year shall be:

(1) The lesser of the qualified business' pro rata share of the real property tax for the tax year that was paid, directly or indirectly, by the qualified business or $15,000 per applicant per year; and

(2) In addition to, and not in lieu of, any other tax, financial, or development incentive, tax credit, or any other type of incentive provided to a qualified business under any District or federal program.