Under IRC §42(g)(4), income for LIHTC eligibility is determined consistent with the HUD Section 8 definition (24 CFR §5.609), which includes “all regular pay, special pay, and allowances” for military personnel. BAH is therefore included in gross annual income for most LIHTC properties.
BAH is counted as income for LIHTC properties that are not located near a qualifying military installation.
Section 3005(a) of the Housing and Economic Recovery Act of 2008 (P.L. 110-289) added IRC §142(d)(2)(B)(ii)–(iv), which allows BAH to be excluded from income for a “qualified building.” Because §42(g)(4) cross-references §142(d)(2)(B), this exclusion applies to both 9% and 4% LIHTC properties when both of the following conditions are met:
- Qualifying military installation — A nearby installation had at least 1,000 assigned service members as of June 1, 2008.
- Troop increase — The county containing the installation (or an adjacent county) experienced a 20%+ increase in assigned personnel between December 31, 2005 and June 1, 2008.
IRS Notice 2008-79 lists initial qualifying installations, including Fort Hood (TX), Fort Riley (KS), Fort Bliss (TX), Fort Jackson (SC), and others. The list is not exclusive—any installation meeting the statutory criteria qualifies.