8586 Low-Income Housing Credit

Form

8586

Low-Income Housing Credit

(Rev. December 2006)

©

Department of the Treasury
Internal Revenue Service (99)

OMB No. 1545-0984

Attach to your tax return.

Attachment
Sequence No.

Name(s) shown on return

1
2

©
Number of Forms 8609-A attached
Has there been a decrease in the qualified basis of any buildings since the close of the preceding
tax year?
Yes
No If “Yes,” enter the building identification numbers (BINs) of the
buildings that had a decreased basis. If you need more space, attach a schedule.

(i)

(ii)

(iii)

(iv)

3

Current year credit from attached Form(s) 8609-A (see instructions)

3

4

Low-income housing credit from partnerships, S corporations, estates, and trusts

4

5

Add lines 3 and 4. Estates and trusts, go to line 6; partnerships and S corporations, report this
amount on Schedule K; all others, report this amount on the applicable line of Form 3800 (e.g.,
line 1e of the 2006 Form 3800)

5

6
7

36a

Identifying number

Amount allocated to beneficiaries of the estate or trust (see instructions)
Estates and trusts. Subtract line 6 from line 5. Report this amount on the applicable line of
Form 3800 (e.g., line 1e of the 2006 Form 3800)

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

What’s New
● The tax liability limit is no longer figured on this form;
instead, it must be figured on Form 3800, General
Business Credit.
● Taxpayers that are not partnerships, S corporations,
estates, or trusts, and whose only source of this credit
is from those pass-through entities, are not required to
complete or file this form. Instead, they can report this
credit directly on line 1e of Form 3800.
● The IRS will revise this December 2006 version of
the form only when necessary. Continue to use this
version for tax years beginning after 2005 until a new
revision is issued.

Purpose of Form
Use Form 8586 to claim the low-income housing
credit. This general business credit is allowed for each
new qualified low-income building placed in service
after 1986. Generally, it is taken over a 10-year credit
period.

Qualified Low-Income Housing Project
The credit cannot exceed the amount allocated to the
building. See section 42(h)(1) for details.
The low-income housing credit can only be claimed
for residential rental buildings in low-income housing
projects that meet one of the minimum set-aside tests.
For details, see the instructions for Form 8609, Part II,
line 10c.

For Paperwork Reduction Act Notice, see back of form.

6
7

Except for buildings financed with certain
tax-exempt bonds, you may not take a low-income
housing credit on a building if it has not received an
allocation from the housing credit agency. No
allocation is needed when 50% or more of the
aggregate basis of the building and the land on which
the building is located is financed with certain
tax-exempt bonds issued after 1989 for buildings
placed in service after 1989. The owner still must get a
Form 8609 from the appropriate housing credit agency
(with the applicable items completed, including an
assigned BIN). “Land on which the building is located”
includes only land that is functionally related and
subordinate to the qualified low-income building (see
Regulations sections 1.103-8(a)(3) and 1.103-8(b)(4)(iii)).

Recapture of Credit
There is a 15-year compliance period during which the
residential rental building must continue to meet
certain requirements. If, as of the close of any tax year
in this period, there is a reduction in the qualified basis
of the building from the previous year, you may have
to recapture a part of the credit you have taken.
Similarly, you may have to recapture part of the credits
taken in previous years upon certain dispositions of the
building or interests therein. If you must recapture
credits, use Form 8611, Recapture of Low-Income
Housing Credit. See section 42(j) for details.

Recordkeeping
Keep a copy of this Form 8586 together with all Forms
8609, Schedules A (Form 8609) (and successor Forms
8609-A), and Forms 8611 for 3 years after the 15-year
compliance period ends.

Cat. No. 63987I

Form

8586

(Rev. 12-2006)

Form 8586 (Rev. 12-2006)

Specific Instructions
Line 2. A decrease in qualified basis will result in
recapture if the qualified basis at the close of the tax
year is less than the qualified basis at the close of the
first year of the credit period.
If the reduction in qualified basis at the close of the
tax year also results in a violation of the minimum
set-aside requirement, then no credit is allowable for
the year.
Line 3. The credit for the year is figured on Form
8609-A for each building. Attach a copy of each Form
8609-A you completed for the tax year to Form 8586.
Enter on line 3 the total credit from attached Form(s)
8609-A.
Line 6. Allocate the amount on line 5 between the
estate and trust and the beneficiaries in proportion to
the income allocable to each. On line 6, enter the
beneficiaries allocated amount.
Paperwork Reduction Act Notice. We ask for the
information on this form to carry out the Internal
Revenue laws of the United States. You are required to
give us the information. We need it to ensure that you
are complying with these laws and to allow us to figure
and collect the right amount of tax.

Page

2

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: Recordkeeping, 5 hr., 44 min.; Learning
about the law or the form, 1 hr., 37 min.; Preparing
the form, 3 hr., 39 min.; Copying, assembling, and
sending the form to the IRS, 32 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.
See the instructions for the tax return with which this
form is filed.