Form 8703 Annual Certification of a Residential Rental Project

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Form

I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 8703, PAGE 1 of 2
MARGINS: TOP 13mm (1⁄2 "), CENTER SIDES. PRINTS: HEAD TO HEAD
PAPER: WHITE, WRITING, SUB. 20
INK: BLACK
FLAT SIZE: 216mm (81⁄2 ")
279mm (11")
PERFORATE: (NONE)
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

8703

(Rev. January 2006)
Department of the Treasury
Internal Revenue Service

Part I

Action

Date

Signature

O.K. to print
Revised proofs
requested

Annual Certification of a
Residential Rental Project

OMB No. 1545-1038

(Complete a separate Form 8703 for each project.)
For calendar year
.

General Information

Amended Form

䊳

Address of building/project (Do not use P.O. box.)

Name and address of owner of project

Name and address of operator of project

Taxpayer identification number of owner of project

1

Check the box for the test elected for the project:

a
2

Taxpayer identification number of operator of project

20-50 test

b

40-60 test

c

25-60 test (NYC only)
䊳

Date (month / day / year) the qualified project period began

3a Was a low-income housing credit allocation issued by a housing credit agency for this project?

䊳

/
Yes

/
䊳

No

b If “Yes,” enter the building identification number (BIN) assigned to the building by the housing
䊳
credit agency (see instructions)

Part II

Annual Determinations

4

Total number of residential rental units in project

4

5

Number of units actually occupied by individuals whose income does not exceed the applicable
income limit (see instructions)

5

Number of units occupied by continuing residents whose income is treated as not exceeding
the applicable income limit (see instructions)

6

7

Total number of low-income units in project (add lines 5 and 6)

7

8

Divide line 7 by line 4 and enter the percentage (If the line 8 percentage is less than the
percentage for the test elected in Part I, item 1 (i.e., 20%, 40%, or 25%), see instructions.)

8

6

9

%

Deep-rent skewed project election (see instructions):
a Number of 40%-and-under low-income units

9a

b Divide line 9a by line 7 and enter the percentage

9b

Part III

%

Certification

Under penalties of perjury, I certify that the above project (check one) continues to meet 䊳
does not meet 䊳
the requirements of
subsection 142(d) of the Internal Revenue Code and that I have examined this form, and to the best of my knowledge and belief, the information
is true, correct, and complete.

䊳

Signature of project operator

For Paperwork Reduction Act Notice, see back of form.

䊳

Date

䊳

Type or print name and title

Cat. No. 64650C

Form

8703

(01-2006)

1
I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 8703, PAGE 2 of 2
MARGINS: TOP 13mm (1⁄2 "), CENTER SIDES. PRINTS: HEAD TO HEAD
PAPER: WHITE, WRITING, SUB. 20
INK: BLACK
FLAT SIZE: 216mm (81⁄2 ")
279mm (11")
PERFORATE: (NONE)
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

Form 8703 (Rev. 01-2006)

General Instructions
Section references are to the Internal
Revenue Code unless otherwise noted.
Purpose of Form. Form 8703 is used by an
operator of residential rental project(s) to
provide annual information the IRS will use
to determine whether a project continues to
be a qualified residential rental project
under section 142(d). If so, and certain
other requirements are met, bonds issued in
connection with the project are considered
“exempt facility bonds” and the interest
paid on them is not taxable to the recipient.
Who Must File. The operator of a
residential rental project for which an
election was made under section 142(d)
must file Form 8703 annually. A separate
Form 8703 must be filed for each project.
When To File. File Form 8703 by March 31
after the close of the calendar year for
which the certification is made. Form 8703
must be filed annually during the qualified
project period. See the instructions for line
2 for the definition of “qualified project
period.”
Where To File. File Form 8703 with:
Internal Revenue Service Center
Ogden, UT 84201
Penalty. Section 6652(j) provides for a
penalty of $100 for each failure to comply
with the section 142(d)(7) certification
requirements unless it can be shown that
failure to file is due to reasonable cause and
not to willful neglect.

Specific Instructions
Part I—General Information
Enter the address of the project. Do not use
P.O. boxes. Enter the name, address
(including ZIP code), and taxpayer
identification number of both the owner and
the operator of the project.
Amended Form. If you are filing an
amended Form 8703, check the Amended
Form box and complete
Parts I and III. Then complete only those
lines of Part II you are amending by entering
the correct information.
Line 1. To be a qualified residential rental
project, one of the following tests must
have been elected for the project:
● 20-50 test. 20% or more of the
residential units must be occupied by
individuals whose income is 50% or less of
the area median gross income.
● 40-60 test. 40% or more of the
residential units must be occupied by
individuals whose income is 60% or less of
the area median gross income.
● 25-60 test (NYC only). 25% or more of
the residential units must be occupied by
individuals whose income is 60% or less of
the area median gross income.
See Rev. Rul. 94-57, 1994-2 C.B. 5, for
guidance on computing the income limits
applicable to these tests.
Line 2. The qualified project period is the
period beginning on the first day that 10%
of the residential units are occupied and
ending on the latest of:

Page

1. The date that is 15 years after the date
that 50% of the residential units are
occupied;
2. The first day that no tax-exempt private
activity bond issued for the project is
outstanding; or
3. The date that any assistance provided
for the project under section 8 of the United
States Housing Act of 1937 terminates.
Lines 3a and 3b. If a low-income housing
credit allocation was issued for more than
one building in the project, attach a
schedule listing the building identification
number (BIN) for each building.

Part II—Annual
Determinations
Line 5. Enter the number of residential
rental units occupied by individuals whose
income is:
1. 50% or less of area median gross
income (if box 1a was checked), or
2. 60% or less of area median gross
income (if box 1b or 1c was checked).
Do not include any units included on line 6.
Line 6. Enter the number of residential
rental units occupied by continuing
residents whose income exceeds the
applicable income limit but whose income
is treated as not exceeding the applicable
income limit. Do not include any units
included on line 5. See section 142(d)(3)(B).
Line 8. If line 8 is less than the percentage
for the test elected in item 1, Part I (i.e.,
20%, 40%, or 25%), the project is
considered in post-issuance
noncompliance. In this case, check the box
in Part III to certify that the project “does
not meet” the requirements of section
142(d).
In general, unless the noncompliance is
corrected within a reasonable period, the
noncompliance shall cause the exempt
facility bonds for the project to not be
qualified bonds under section 141. When
the bonds are no longer qualified, the
interest paid or to be paid on the bonds is
taxable, and the issuers or brokers of the
bonds must report the taxable interest to
bond holders as required by section 6049.
See Regulations sections 1.103-8(b)(1)-(9)
and sections 141 and 103 for additional
information.
Lines 9a and 9b. Complete these lines only
if an election was made to treat the project
as a deep-rent skewed project under
section 142(d)(4). The 15-40 test that
applies to the deep-rent skewed project
election is not an additional test for
satisfying the requirements of section
142(d)(1). The 15-40 deep-rent skewed
project test relates to the determination of a
low-income tenant’s income. Generally, a
continuing resident’s income may increase
but not exceed 140% of the applicable
income limit (i.e., 50% or less or 60% or
less of the area median gross income under
the line 1a or 1b test). When the deep-rent
skewed election is made and the
requirements of section 142(d)(4)(B) are
met, the income of a continuing resident
may increase up to 170% of the applicable
income limit. If this election is made, at

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least 15% of all low-income units in the
project must be occupied by tenants whose
income is 40% or less of the area median
gross income.
On line 9a, enter the number of
low-income units occupied by individuals
whose income is 40% or less of area
median gross income. Also include the
number of units occupied by continuing
residents whose income is treated as not
exceeding the applicable income limit. If the
percentage on line 9b is less than 15%, the
project is not a deep-rent skewed project,
and a continuing resident’s income may not
increase above 140% of the applicable
income limit for purposes of section 142(d).

Privacy Act and Paperwork Reduction
Act Notice
We ask for the information on this form to
carry out the Internal Revenue laws of the
United States. Code section 142(d)(7)
requires that an annual certification be filed
with the IRS to determine whether the legal
requirements of that section are being met.
Routine uses of the information provided on
this form include giving it to the Department
of Justice for civil and criminal litigation and
to other federal agencies, as provided by
law. We may disclose the information to
cities, states, the District of Columbia, and
U.S. commonwealths or possessions to
administer their tax laws. We may also
disclose the information to foreign
governments pursuant to tax treaties or to
federal and state agencies to enforce
federal nontax criminal laws and to combat
terrorism. If you do not provide this form or
all of the information requested on it, you
may be subject to penalties.
To insure proper identification of the
owner and operator of the project, Code
section 6109 and its regulations require an
identifying number (social security number
(SSN) or employer identification number
(EIN)) on the annual certification.
You are not required to provide the
information requested on a form that is
subject to the Paperwork Reduction Act
unless the form displays a valid OMB
control number. Books or records relating
to a form or its instructions must be
retained as long as their contents may
become material in the administration of
any Internal Revenue law. Generally, return
information is confidential, as required by
Code section 6103.
The time needed to complete and file this
form will vary depending on individual
circumstances. The estimated average time
is: Recordkeeping 3 hr., 49 min.;
Learning about the law or the form
1 hr., 17 min.; and Preparing and sending
the form to the IRS 1 hr., 24 min.
If you have comments concerning the
accuracy of these time estimates or
suggestions for making this form simpler,
we would be happy to hear from you. You
can write to the Internal Revenue Service,
Tax Products Coordinating Committee,
SE:W:CAR:MP:T:T:SP, 1111 Constitution
Ave. NW, IR-6406, Washington, DC 20224.
Do not send the form to this address.
Instead, see Where To File.