LIHTC Guide
Sign in Subscribe

Oct 4, 2015

Taxpayer Removal from the Program - The Section 42 Death Penalty

Taxpayer Removal from the Program - The Section 42 Death Penalty   IRS Treasury Regulation 1.42-5(e)(3) provides authority for the state agency to report to the IRS that a building is "no...

Sep 28, 2015

Allocations Under the Nonprofit Set-Aside - IRS Requirements

IRC Section 42(h)(5) requires that a portion of each states annual credit ceiling be set aside for allocation to projects involving qualified nonprofit organizations. Specifically, the Code requires t...

Sep 26, 2015

Revisions to Public Housing Flat Rents - Interim Rule, September 8, 2015

The Department of Housing and Urban Development (HUD) published in Interim Rule in the September 8, 2015 Federal Register, titled " Streamlining Administrative Regulations for Public Housing: Revision...

Sep 21, 2015

Children For Whom Custody is Being Sought - To Count or Not to Count

Children for Whom Custody is Being Obtained - To Count or Not to Count   When determining income eligibility for Section 8 or Low-Income Housing Tax Credit (LIHTC) properties, HUD Section 8...

Sep 20, 2015

The IRS and Extended Use Agreements

The IRS and Extended Use Agreements   As outlined in 42 (h) (6), all LIHTC properties allocated credits after 1989 must have an extended use agreement (EUA). The agreement is entered into...

Sep 19, 2015

HUD Clarifications Regarding Completion of Utility Allowances

I sent a memo to clients on June 29, 2015, regarding HUD Notice H 2015-04, which was published by HUD on June 22, 2015. This Notice outlined revised HUD requirements relative to the Methodology for Co...

Sep 16, 2015

Definition of a Parent for the Section 42 Student Rule

Section 42 (i) (3) (D) states that certain students do not disqualify a unit from being low-income for LIHTC purposes. Five exceptions are outlined in the Code, one of which states "A unit shall not f...

Sep 10, 2015

HUD Clarification on HOME Rental Requirements

HUD recently provided guidance on components of the HOME program that have raised questions. Following are the clarifications that apply to the use of HOME funds with multifamily housing. HOME fun...