Dos & Don'ts, In the News, Keeping It Straight, Private Letter Rulings, Q & A

Dos & Don'ts, In the News, Keeping It Straight, Private Letter Rulings, Q & A

IRS Clarifies Treatment of Developer Fees

October 31, 2013    

The IRS recently released its latest LIHC Newsletter, which provides a forum for information about Section 42, the Low-Income Housing Tax Credit (LIHTC), and communicates technical knowledge and skills, guidance, and assistance for developing LIHTC properties.

Mississippi Supreme Court Upholds New Site Valuation Method

October 31, 2013    

On Oct. 17, the Mississippi Supreme Court upheld the income approach to valuation of affordable housing sites in Mississippi. Mississippi Code Section 27-35-50(4)(d) prohibits local governments from including the value of federal tax credits in their valuation of the properties for tax...

TCAC Proposes 45-Day Deadline Extension Due to Shutdown

October 31, 2013    

On Oct. 21, the California Tax Credit Allocation Committee (TCAC) proposed extending the “Readiness-to-Proceed” deadline that applies to some 2013 low-income housing tax credit sites. The change would allow some in-state credit recipients with federal funding an additional 45 days to...

HUD Relaxes Annual Financial Statement Requirements for Small Multifamily Sites

September 27, 2013    

For tax credit sites that also receive less than $500,000 in combined federal financial assistance, HUD recently issued Notice 2013-23 that revised the financial reporting requirements for small multifamily housing developments. Specifically, the notice eliminates the audit requirements for...

Senators Reintroduce Bill to Fix 9% and 4% Housing Credit Rates

September 27, 2013    

Senator Maria Cantwell (D-WA) and a group of bipartisan senators together reintroduced S. 1442, which would amend the Internal Revenue Code of 1986 to make permanent the minimum low-income housing tax credit (LIHTC) rate for unsubsidized buildings and provide a minimum 4 percent credit rate for...

Congressman Introduces LIHTC “Student Rule” Bill for Homeless Veterans and Youths

September 27, 2013    

U.S. House Representative Jim McDermott (D-WA) recently introduced H.R. 3145 to amend Section 42 of the Internal Revenue Code of 1986 as it relates to homeless youth and veterans. The last modification to the student rule occurred in 2008 with the passage of the Housing and Economic Recovery Act...

Recent Study Examines Location of LIHTC Properties and Effect on Segregation

September 27, 2013    

The Fair Housing Justice Center (FHJC) recently released a report entitled “Choice Constrained, Segregation Maintained: Using Federal Tax Credits to Provide Affordable Housing” that examines the location of affordable housing/Low-Income Housing Tax Credit (LIHTC) properties in the...

Owner Can Correct Error Regarding Credit Period of Building

September 27, 2013    

Facts: The IRS gives owners the option of claiming tax credits at the end of the year the buildings are placed in service or deferring until the following year. Once credits are claimed, the qualified basis is set and can never go down. In addition, any low-income units leased...

HUD Issues Change 4 to HUD Handbook 4350.3

August 29, 2013    

On Aug. 21, HUD posted Change 4 to HUD Handbook 4350.3, REV-1, “Occupancy Requirements of Subsidized Multifamily Housing Programs.” Its accompanying transmittal is dated Aug. 6, and it states that Change 4 is effective upon issue.

Change 4 is the first formal change to the...

IRS Issues 2013–2014 Priority Guidance Plan

August 29, 2013    

On Aug. 9, the Treasury Department released its 2013–2014 Priority Guidance Plan. In IRS Notice 2013-22, the department solicited suggestions from all interested parties, including taxpayers, tax practitioners, and industry groups, to help formulate a Priority Guidance Plan that focuses...

Report Details LIHTC Effect on Rural America

August 29, 2013    

A report on the impact of the Low-Income Housing Tax Credit (LIHTC) program on rural communities was recently released. The report, “The Low-Income Housing Tax Credit: Overcoming Barriers to Affordable Housing in Rural America,” was prepared by Rapoza Associates in partnership with...

Swapping Unit Status from One Unit to Another

July 31, 2013    

Q At our “100 percent” site, all the units are low-income units rented to households that are either 50 percent or 60 percent below area median income (AMI). Upon recertification it was discovered that a resident who initially...