Form 8877 Form 8877 Request for Waiver of Annual Income Recertification Requ

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I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 8877, PAGE 1 OF 4
PRINTS: HEAD TO HEAD
MARGINS; TOP 13mm (1⁄2 "), CENTER SIDES.
PAPER: WHITE WRITING, SUB. 20. INK: BLACK
FLAT SIZE: 216mm (81⁄2 ") x 279mm (11")
PERFORATE: None
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

8877

Form
(Rev. January 2006)

Date

䊳

Signature

O.K. to print
Revised proofs
requested

Request for Waiver of Annual Income Recertification
Requirement for the Low-Income Housing Credit

Department of the Treasury
Internal Revenue Service

Part I

Action

OMB No. 1545-1882

See instructions on back.

Note: To be used only for 100% low-income buildings.

Certification (Note: The building owner must also complete Part II on page 3.)

Name of building or project

Name of building owner

Street address of building or project

Street address of building owner

City, state, and ZIP code

City, state, and ZIP code

Building identification number (BIN)

Taxpayer identification number

As the building owner, I certify that:
● I am applying for the annual income recertification waiver provided for in section 42(g)(8)(B);
● Each building listed on this form, and in any attached statement, is a 100% low-income building (see Who May File on page 2 for the meaning
of 100% low-income building); and
● I have read and understand the Effects of Obtaining a Waiver in the instructions on page 2.
Under penalties of perjury, I declare that the foregoing statements and information are true, correct, and complete to the best of my knowledge
and belief.

Signature of building owner

Title

Type or print name

Telephone number

Date

Additional BINs (continue in same format on an attached statement if necessary)

Attestation and Exemption by Housing Credit Agency
As an authorized official of the housing credit agency named below, I certify that:
● The agency is responsible for the monitoring of each building to which this waiver request applies;
● Each building listed on this form, and in any attached statement, was a 100% low-income building at the end of the most recent credit year for
the building; and
● The agency exempts the building owner from annual income recertifications as provided in Rev. Proc. 2004-38, effective on the date of IRS
approval of the waiver.
Under penalties of perjury, I declare that the foregoing statements and information are true, correct, and complete to the best of my knowledge
and belief.

Name of housing credit agency

Signature of authorized official

Date

Name (please type or print)

IRS APPROVAL—IRS Use Only

Signature of authorized official

Title

For Privacy Act and Paperwork Reduction Act Notice, see page 2.

Effective date of waiver
Cat. No. 32126P

Form

8877

(Rev. 1-2006)

1
I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 8877, PAGE 2 OF 4
MARGINS; TOP 13mm (1⁄2 "), CENTER SIDES.
PRINTS: HEAD TO HEAD
PAPER: WHITE WRITING, SUB. 20. INK: BLACK
FLAT SIZE: 216mm (81⁄2 ") x 279mm (11")
PERFORATE: None
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

Form 8877 (Rev. 1-2006)

General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.

Purpose of Form
Owners of certain low-income housing buildings use Form 8877 to
request the annual income recertification waiver provided for in
section 42(g)(8)(B). See Rev. Proc. 2004-38, 2004-27 I.R.B., for more
information on obtaining the waiver. You can find Rev. Proc. 2004-38
at www.irs.gov/pub/irs-irbs/irb04-27.pdf.

Who May File
The owner of a 100% low-income building may request the waiver. A
100% low-income building is a building entirely occupied by
low-income tenants, who are individuals occupying a rent-restricted
unit in a qualified low-income housing project whose combined
income satisfies the section 42(g)(1) income limitation elected by the
owner.

How To File
Owners must complete and sign Part I, Certification, and have the
housing credit agency responsible for monitoring the building(s)
(compliance monitoring agency) sign that part. The owner must also
complete, sign Part II, Consent of Disclosure to Monitoring Agency,
and send the completed Form 8877 to the Internal Revenue Service
(IRS). The IRS will not consider an owner’s request unless both Parts I
and II of Form 8877 are properly completed.

Where To File
File Form 8877 with:
Internal Revenue Service
P.O. Box 331
Attn: LIHC Unit, DP 607 South
Philadelphia Campus
Bensalem, PA 19020

Determination
The IRS will notify the owner by mail that the request for waiver has
been approved or denied. If the request is approved, the IRS will mail
the owner a copy of the approved Form 8877. The waiver takes effect
on the date that the IRS approves the waiver.
Note: Keep a copy of the approved Form 8877 for the building’s
records. It must remain a part of the building’s records regardless of
any ownership transfer.

Effects of Obtaining a Waiver
The following apply to a building on which a waiver is in effect.
1. Records. While a waiver is in effect, the owner is exempt from
the recertification requirements of Regulations sections 1.42-5(b)(1)(iv)
and (vii) and 1.42-5(c)(1)(iii) for each building to which the waiver
applies. Thus, the owner is not required to keep records that show an
annual income recertification for all the low-income tenants in the
building who have previously had their annual income verified,
documented, and certified; maintain documentation to support that
recertification; or certify to the compliance monitoring agency that it
has received this information. Having a waiver in effect, however, does
not relieve the owner of having to produce documentation in support
of the requirements of section 42, including keeping records and
documentation that show each tenant’s annual income upon the
tenant’s initial occupancy of any unit in the building and, except for
the exempted recertification requirements, satisfying the compliance
monitoring procedure adopted by the compliance monitoring agency.
2. Effective Period of Waiver. The waiver takes effect on the date
the IRS approves the waiver. It remains in effect until the end of the
15-year compliance period (defined in section 42(i)(1)), unless the
waiver is revoked, in which case it ceases to be in effect on the date
of revocation.
3. Revocation. The IRS may revoke the waiver if the building
ceases to be a 100% low-income building or if the IRS determines
that the owner has violated section 42 in a manner that is sufficiently
serious to warrant revocation.
The IRS will revoke the waiver if the compliance monitoring agency
requests its revocation. To request revocation of a waiver, the
compliance monitoring agency must send a letter to the IRS
requesting that the waiver be revoked. The request must include the
following information: (1) the name and address of the compliance

Page

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monitoring agency; (2) the name and telephone number of the agency
official familiar with the facts of the request whom the IRS may
contact; (3) the name, address, and building identification number(s)
of the building(s) or project; (4) the name, address, and taxpayer
identification number of the building owner; and (5) a statement
explaining why the waiver should be revoked. The request should be
sent to the address for filing Form 8877 and a copy of the request
must be provided to the building owner. The compliance monitoring
agency and building owner will be notified by mail when the IRS
revokes the waiver.
A change in the ownership of the building for federal tax purposes
(including a change resulting from the termination of a partnership
under section 708) will cause the waiver to be revoked automatically
as of the change in ownership. The new owner may apply for a waiver.
In the case of such an automatic revocation, the building owner that
received the waiver must notify the IRS of the revocation no later than
60 days after the automatic revocation occurs. The notification should
be sent to the address for filing Form 8877 and include the following
information: (1) the name, address and building identification
number(s) of the building(s) or project; (2) the name, address and
taxpayer identification number of the building owner; (3) the date of
the automatic revocation; and (4) an explanation of the event that
caused the automatic revocation. After receiving the notification of an
automatic revocation, the IRS will notify the compliance monitoring
agency.
4. Consent of Disclosure. In applying for the waiver, the owner
must consent to disclosure by the IRS to the compliance monitoring
agency of any revocation of the waiver. This consent of disclosure is
effective beginning on the date the waiver takes effect and ending on
the date that the compliance period of the building(s) ends, unless the
waiver is revoked, in which case the consent ends immediately
following the disclosure by the IRS of the revocation to the
compliance monitoring agency.

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. We need it to ensure you are
complying with these laws and to allow us to figure and collect the
right amount of tax. Sections 6001, 6011 and 6012(a) require you to
provide the requested information for purposes of requesting the
waiver of the annual income recertification under section 42(g)(8)(B).
Section 6109 requires you to provide your social security number or
other identifying number. Routine uses of this information include
disclosing 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 this information to other countries under a tax
treaty, or to federal and state agencies to enforce federal nontax
criminal laws and to combat terrorism. If you do not file this
information, or provide incomplete or fraudulent information, you may
not obtain the relief requested and may be subject to interest,
penalties, and/or criminal prosecution.
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, tax returns and return information are confidential, as
required by section 6103.
The time needed to complete and file this form will vary depending
on individual circumstances. The estimated burden for individual
taxpayers filing this form is approved under OMB control number
1545-0074 and is included in the estimates shown in the instructions
for their individual income tax return. The estimated burden for all
other taxpayers who file this form is shown below.
5 hr., 15 min.
Recordkeeping
Learning about the law or the form
1 hr., 17 min.
Preparing, copying, assembling,
and sending the form to the IRS
1 hr., 25 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 Form 8877 to this address.
Instead, see Where To File on this page.

1
I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 8877, PAGE 3 OF 4 (Page 4 is blank)
PRINTS: HEAD TO HEAD
MARGINS; TOP 13mm (1⁄2 "), CENTER SIDES.
PAPER: WHITE WRITING, SUB. 20. INK: BLACK
FLAT SIZE: 216mm (81⁄2 ") x 279mm (11")
PERFORATE: None
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

Form 8877 (Rev. 1-2006)

Part II

Page

3

Consent of Disclosure to Monitoring Agency

Name of building or project

Name of building owner

Street address of building or project

Street address of owner

City, state, and ZIP code

City, state, and ZIP code

Building identification number (BIN)

Taxpayer identification number

I am a building owner applying for the annual income recertification waiver provided for in section 42(g)(8)(B) for the building(s) with the
building identification number(s) set forth in this consent. The waiver takes effect on the date that the waiver is approved by the IRS. If
the IRS grants the waiver and then the waiver is revoked, I consent to the IRS disclosing the revocation to the compliance monitoring
agency responsible for monitoring the building(s) (compliance monitoring agency). This consent is effective from the date the waiver takes
effect to the date that the compliance period of the building(s) ends, unless the waiver is revoked, in which case the consent is terminated
immediately following the disclosure by the IRS of the revocation to the compliance monitoring agency.

Signature of building owner

Title

Type or print name

Telephone number

Date

Additional BINs (continue in same format on an attached statement if necessary)

Form

8877

(1-2006)