Description
IRS Tax Audit Manual for the Low Income Housing Credit
Provides examiners with technical support for identifying and developing issues related to IRC Section 42.
TABLE OF CONTENTS
- CHAPTER PAGE
- Chapter 1
- Introduction 1-1
- Background 1-1
- Overview of the Credit Process:
- The Participants and Their Roles 1-2
- IRS Apportions Tax Credits to
- the Allocation Agencies 1-2
- Developers Apply to the Allocating
- Agencies for Credits 1-2
- State Housing Agencies 1-3
- Tax Benefits Provide a Return on
- Equity Investments 1-6
- Chapter 2
- Qualified Low-Income Housing Project 2-1
- Introduction 2-1
- Residential Rental Requirements 2-1
- Functionally Related Facilities 2-1
- Scattered Site Project 2-1
- Mixed-Use Building 2-1
- General Public Use 2-2
- Minimum Low-Income Set-Aside Requirement 2-2
- Household Income Limitations 2-3
- Minimum Set-Aside Election 2-11
- Audit Techniques 2-12
- Chapter 3
- Eligible Basis 3-1
- Definition 3-1
- Issues Specific to Acquisition Expenditures
- (Purchase of Existing Buildings) 3-2
- The 10-Year Rule 3-2
- Exceptions to the 10-Year Rule 3-2
- Waiver of 10-Year Rule for Certain
- Federally Assisted Buildings 3-3
- Related Party Ownership 3-3
- Like-Kind Exchange Property 3-3
- Issues Specific to New Construction
- Expenditures 3-4
- Expenditures Specifically Excluded from
- Eligible Basis 3-4
- Developer Fee 3-4
- Developer Fee Notes 3-6
- Nonrecourse Notes 3-7
- Contingent Liabilities 3-9
- Developer Fees Exceeding Economic
- Feasibility Under IRC section 42(m)(2) 3-9
- Allocation of Overhead and
- Soft Costs to Land 3-11
- New Construction Summary 3-12
- Issues Specific to Rehabilitation Expenditures 3-13
- Eligible Basis Computations for
- Mixed-Use Buildings 3-15
- Eligible Basis and the Compliance Period 3-17
- Eligible Basis in “Difficult Development Areas” 3-17
- Evaluating the Validity of Costs Included in
- Basis (The Corbin West Tax Court Case) 3-18
- Audit Techniques 3-19
- Closing Documents and Settlement Sheets 3-19
- AIA (American Institute of Architects)
- Statements or Construction Vouchers 3-20
- Development Agreements 3-21
- Certificate of Occupancy 3-21
- Prospectus/Offering Memorandum 3-21
- State Housing Credit Agency File 3-23
- Chapter 4
- Qualified Basis 4-1
- Introduction 4-1
- Applicable Fraction 4-1
- Determination of Qualified Basis 4-1
- Increases to Qualified Basis 4-3
- Low-Income Unit Requirements 4-4
- Student Occupancy Rules 4-6
- On-Site Manager’s Unit 4-7
- Projects with Four or Fewer Units 4-7
- Audit Techniques 4-8
- Chapter 5
- Calculating the Low-Income Housing
- Tax Credit Audit Techniques 5-7
- Chapter 6
- Federal Financing 6-1
- Impact of Federal Financing on a
- LIHC Project 6-1
- Types of Federal Grants 6-3
- Federally Subsidized Loan 6-4
- Mechanics of Election for Use of
- Lower Credit Amount 6-7
- Audit Techniques 6-9
- Chapter 7
- Recapture of the Credit 7-1
- Audit Techniques 7-2
- Chapter 8
- Related Tax Topics 8-1
- Related Tax Liability Restrictions 8-1
- At-Risk Limitations 8-2
- Audit Techniques for At-Risk Issues 8-5 LIH
- Credits and the Passive Loss Limitations 8-8
- Introduction 8-8
- Overview of the Passive Loss Limitations 8-8
- LIH Losses 8-11 LIH Credits 8-12
- Only One $25,000 Offset 8-12
- Ordering Rules 8-13
- Passive Income Issues 8-14
- Dispositions 8-15
- Forms 8-15
- Rehabilitation Credit 8-16
- Additional Help 8-16
- Summary of Passive Loss Limitations 8-16
- Low Income Housing and
- Passive Loss Limitations 8-17
- LIH Credit Issues 8-19
- LIH Loss Issues 8-20
- Alternative Minimum Tax 8-20
- General Business Credit Limitation 8-21
- Audit Techniques 8-22
- Chapter 9
- Extended Use Commitments 9-1
- Audit Techniques 9-3
- Chapter 10
- Qualified Nonprofit Organizations 10-1
- Special Benefits Awarded to Nonprofits 10-1
- Nonprofit Set-Aside 10-2
- At-Risk Limitation Concessions 10-2
- Exception to the Rule for Owner
- Occupied Buildings 10-4
- Exception to the Rule for Transitional
- Housing for the Homeless 10-4
- Right to Purchase at the End of
- the Compliance Period 10-4
- Exception to the Rule for
- Fees for Supportive Services 10-5
- Exception to the 10-Year Rule 10-5
- Nonprofit Organizations Defined 10-5
- Safe Harbor 10-5
- Joint Venture 10-7
- Unrelated Business Taxable Income 10-8
- Tax-Exempt Use Property 10-9
- Property Leased to a Tax-Exempt Entity
- (Other Than Nonresidential Real Property) 10-9
- Failure to Make a Qualified Allocation
- (Any Depreciable Partnership Property) 10-9
- Disqualified Leases
- (Nonresidential Real Property) 10-10
- Debt-Financed Property 10-11
- Audit Techniques 10-12
- Chapter 11
- Development Fees and Soft Costs 11-1
- Developer Fee Requirements 11-1
- Steps for Issue Identification 11-2
- Characterization of Expenses 11-4
- Position of the Service 11-7
- Summary 11-7
- Description of Syndication Scenarios and
- Current Industry Tools for Marketing the
- Low-Income Housing Tax Credit 11-9
- Chapter 12
- State Administration of the Low-Income
- Housing Credit 12-1
- Appendix A
- Low-Income Housing Tax Credit
- Interview Questions A-1
- Appendix B
- Information Document Request B-1
- Appendix C
- Code and Regulation Reference Table By
- Issue and Chapter C-1
- Appendix D
- Reference Guide D-1
- Appendix E
- Forms Used in Connection with the
- Low-Income Housing Credit E-1
- Glossary G-1