IRS/Tax Issues

The Internal Revenue Service (IRS) has announced that government entity issuers of tax-exempt bonds affected by Hurricane Sandy may qualify for additional time to file Form 8038 or Form 8038-T returns.

Due to the widespread devastation caused by Hurricane Sandy, the President has declared that major disasters exist in Connecticut, New York and New Jersey. In a press release on November 5, the Internal Revenue Service (IRS) announced that the agency will waive certain low-income housing tax credit (LIHTC) rules in order to allow owners of low-income housing to provide temporary shelter to victims of Hurricane Sandy who do not qualify as low-income.

The Internal Revenue Service (IRS) announced in Revenue Procedure 2012-41 that it has set the inflation-adjusted State credit ceiling for the Low-Income Housing Tax Credit (LIHTC) program and private activity bond caps for calendar year 2013.

The Internal Revenue Service (IRS) recently published Revenue Procedure 2012-42, which indicates the amounts of unused Low-Income Housing Tax Credit (LIHTC) carryovers for 2012. These carryovers, which amounts to nearly $2.43 million in unused credits, have been allocated to 34 states.

The Internal Revenue Service (IRS) recently released final regulations, RIN 1545-BK04, modifying the reinvestment requirements of the New Markets Tax Credit (NMTC) program to encourage investments in non-real estate businesses for working capital and equipment.

The Internal Revenue Service (IRS) recently issued a notice for public comments on Form 8611: Recapture of Low-Income Housing Credit. Owners of Low-Income Housing Tax Credit (LIHTC) projects are able to claim a credit against their income tax. However, if the property is disposed or if it fails to meet certain requirements over a 15-year compliance period and a bond is not posted, the owner must use Form 8611 to recapture part of the LIHTCs claimed.

The Internal Revenue Service (IRS) recently issued Private Letter Ruling (PLR) 201232006 to allow a multifamily housing bond issuer to file an amended Form 8038 (Information Return for Tax-Exempt Private Activity Bond Issues) for a development where a filing error resulted in the issuer entering the wrong minimum set-aside requirements.

The Internal Revenue Service (IRS) recently released notice REG-136491-09 which proposes to amend LIHTC utility allowance regulations.

NH&RA is pleased to offer the Power Point presentations, relevant articles, reports, memos, etc. from our recent 2012 Summer Institute and New Markets Tax Credit Symposium, which was held July 25-28, 2012 at the Harbor View Hotel on Martha’s Vineyard in Massachusetts.

The Internal Revenue Service (IRS) recently released private letter rulings (PLRs) concerning historic tax credit (HTC) regulations. In PLR 201228015 and PLR 201228016, the IRS found that separate buildings rehabilitated under a common plan can be considered one project for HTC purposes. In another recently released PLR, PLR 2012228019, the IRS granted an extension to the amount of time the taxpayer has to make the election in which the tenant is treated as having purchased the property.

PowerPoint presentations and conference materials from our 2012 Spring Developers Forum are available for download.

The IRS published a notice in the Federal Register soliciting comments regarding arbitrage restrictions on tax-exempt bonds.