A provision buried in HB869 creates a refundable tax credit tied to wages paid at qualifying Kentucky projects—and most real estate owners haven't heard about it yet.
Most Kentucky real estate and property management professionals don't realize that HB869—a fiscal bill passed in 2024—contains a wage-based economic development tax credit that could directly reduce their state tax liability. The provision is modest in scope but meaningful for owners of projects that qualify, and the effective date is already approaching.
What the Credit Does
Under Section 1 of HB869, approved companies can claim a refundable income tax and limited liability entity tax (LLET) credit based on wages paid to full-time employees at qualifying economic development projects. The credit is calculated as a percentage of those wages:
• 2.25% for jobs created in heritage counties
• 1.25% for jobs created in other Kentucky counties
Because it's refundable, the credit functions as a direct cash-equivalent offset against state tax liability. If a company's credit exceeds its tax bill, the excess is refunded.
The Cap and Timeline
The total annual credit pool is capped at $4,000,000 across all claimants statewide. This means the credit is available on a first-come, first-served basis once the pool is exhausted in any given year.
The credit applies to taxable years beginning on or after January 1, 2026. Preliminary approval from the appropriate state agency is required after July 1, 2026 for companies seeking to claim the wage credit.
Who This Affects
The credit targets approved companies in qualifying industries undertaking economic development projects. For real estate owners and property managers, this matters most if you:
• Own or manage a property where a tenant or occupant is undertaking a qualifying economic development project
• Are developing or redeveloping property in a heritage county (where the credit percentage is higher)
• Employ full-time workers directly at a qualifying project
The credit is tied to wages paid, so it rewards job creation and retention at specific locations, not just property ownership or management activity itself.
Practical Considerations
Because the credit is refundable and capped at $4 million annually, timing matters. Companies should understand the preliminary approval process and timeline to ensure they qualify before the annual pool is exhausted. The higher credit rate in heritage counties (2.25% vs. 1.25%) may also influence project location decisions or tenant recruitment strategies in those areas.
Property managers working with tenants or occupants on economic development projects should be aware that this credit exists—it may affect a tenant's financial planning, lease negotiations, or expansion decisions.
Next Steps
If you own or manage property where a qualifying project is underway, or if you're considering a development that might qualify, review the preliminary approval requirements and timeline with your tax advisor or the state agency administering the credit. The January 1, 2026 effective date is closer than it appears.
This explainer covers Section 1, Page 1 of HB869. For detailed guidance specific to your situation, consult a Kentucky tax professional or your state economic development office.