Form 8610 Form 8610 Annual Low-Income Housing Credit Agencies Report

Form

8610

Department of the Treasury
Internal Revenue Service

Annual Low-Income Housing
Credit Agencies Report

OMB No. 1545-0990

2009

▶ Under section 42(l)(3) of the Internal Revenue Code

Name of housing credit agency

Employer identification number of agency

Address of housing credit agency

Check box if amended
report
. . . . . .

Part I

Enter the number of attached Forms 8609 used to allocate credit in 2009
Enter the number of attached Forms 8609 for credits
(1) allocated prior to 2009 and (2) attributable under section
42(h)(4) to projects financed by tax-exempt bonds . . . .
b Enter the total dollars allowed to those projects described in
2a(2) above ▶
3
Enter the number of attached Schedules A (Form 8610)
reporting 2009 carryover allocations . . . . . . . . .
4
Total number of attached forms and schedules. Add lines 1, 2a, and 3

Part II
5a

FOR IRS USE ONLY

Reconciliation of Attached Forms and Schedules

1
2a

▶

1

2a

3
4

Reconciliation of Credit Ceilings and Allocations (see instructions)

Additional housing credit dollar amounts:
• Alabama, Louisiana, and Mississippi only: Enter the amount of any GO Zone credit allocated in 2006, 2007, or
2008 that was both returned and reallocated in the GO Zone in 2009 (see instructions).
• Arkansas, Illinois, Indiana, Iowa, Missouri, Nebraska, and Wisconsin only: Enter (1) Midwestern disaster area
credits allocated in 2008 that were both returned and reallocated in the Midwestern disaster area in 2009, and (2)
the smaller of $8.00 multiplied by the portion of the state’s population in the Midwestern disaster areas or the
amount allocated by the housing credit agency to buildings in the Midwestern disaster areas in 2009.
• Texas only: Enter (1) Hurricane Ike disaster area credits allocated in 2008 that were both returned and
reallocated in the Hurricane Ike disaster area in 2009, and (2) the smaller of $14,906,160 or the amount allocated
by the housing credit agency to buildings in the Hurricane Ike disaster areas in 2009.
• Louisiana only: Enter (1) Hurricane Ike disaster area credits allocated in 2008 that were both returned and
reallocated in the Hurricane Ike disaster area in 2009, and (2) the smaller of $3,070,816 or the amount allocated by
the housing credit agency to buildings in the Hurricane Ike disaster areas in 2009 . . . . . . . . . .

b
c
d
e
f
g
h

Enter the larger of $2.30 multiplied by the state’s population or $2,665,000 . . . . . . . . .
Enter the amount of credit ceiling returned in 2009 from allocations prior to 2009 (see instructions) .
Enter the amount (if any) allocated to the state from the 2009 National Pool . . . . . . . . .
Add lines 5b, 5c, and 5d . . . . . . . . . . . . . . . . . . . . . . . . . .
Enter the unused state housing credit ceiling (if any) from the 2008 Form 8610, line 9 . . . . . .
Total state housing credit ceiling for 2009. Add lines 5a, 5e, and 5f . . . . . . . . . . .
Enter the total amount (including the credit equivalent of any subaward made) included in line 5g that
was allocated during 2009 to qualified nonprofit organizations under section 42(h)(5) (see instructions)

5a
5b
5c
5d
5e
5f
5g

▶

$
6a Enter the total dollar amount of credits from Forms 8609 used to allocate credit in 2009
b Enter the total dollar amount of credits from Schedules A (Form 8610), line 5
c Enter the credit equivalent amount of all low-income housing grant election
amounts requested in 2009 (see instructions) . . . . . . . . . . .

6a
6b

6c
d Total credits allocated and exchanged during 2009. Add lines 6a through 6c (cannot exceed line 5g)
e Subtract line 5a from line 6d
. . . . . . . . . . . . . . . . . . . . . . . .
7
Enter the smaller of line 5f or line 6e . . . . . . . . . . . . . . . . . . . . . .
8
Subtract line 7 from line 6e . . . . . . . . . . . . . . . . . . . . . . . . .
9
State’s unused housing credit ceiling carryover to 2010. Subtract line 8 from line 5e. If zero or less, enter -010
Unused 2008 carryover assigned to 2010 National Pool. Subtract line 7 from line 5f . . . . .

Part III
11

12
13

Compliance With Low-Income Housing Requirements (see instructions)

6d
6e
7
8
9
10

Does the state’s qualified allocation plan in effect for 2009 include compliance monitoring procedures as
required in section 42(m)(1)(B)(iii) and Regulations section 1.42-5(a)(2), including monitoring for habitability
standards through regular site visits? (If “No,” attach an explanation.) . . . . . . . . . . . . .
Has the housing credit agency, for 2009 (or its most recent 12-month operating period), complied with all applicable
requirements under the compliance monitoring procedures in its qualified allocation plan? (If “No,” attach an explanation.)
Has the housing credit agency, for 2009 (or its most recent 12-month operating period), complied with
the requirements of its monitoring procedures to fulfill its notification of noncompliance responsibilities
under Regulations section 1.42-5(e)? (If “No,” attach an explanation.) . . . . . . . . . . . . .

For Paperwork Reduction Act Notice, see instructions.

Cat. No. 63982F

Yes

No

Yes

No

Yes

No

Form 8610 (2009)

Form 8610 (2009)

Part III

Page

2

Compliance With Low-Income Housing Requirements (see instructions) (continued)

14a Number of projects subject to monitoring for which all buildings were placed in service before 2007 .
b Number of projects on line 14a that have had on-site inspections of all buildings in the last 3 calendar years
c Number of projects on line 14a for which at least 20% of the low-income units have been inspected
and reviewed in the last 3 calendar years as required by Regulations section 1.42-5(c)(2)(ii)(B) . . .
15a Number of projects for which the last building was placed in service in 2007 . . . . . . . . .
b Number of projects on line 15a for which all buildings have had on-site inspections . . . . . .
c Number of projects on line 15a for which at least 20% of the low-income units have been inspected
and reviewed as required by Regulations section 1.42-5(c)(2)(ii)(A) . . . . . . . . . . . .
16a Number of projects for which the last building was placed in service in 2008 . . . . . . . . .
b Number of projects on line 16a for which all buildings have had on-site inspections . . . . . .
c Number of projects on line 16a for which at least 20% of the low-income units have been inspected
and reviewed as required by Regulations section 1.42-5(c)(2)(ii)(A) . . . . . . . . . . . .

14a
14b
14c
15a
15b
15c
16a
16b
16c

Under penalties of perjury, I declare that I have examined this report and accompanying forms, schedules, binding agreements, and election statements, and other
attachments, and to the best of my knowledge and belief, they are true, correct, and complete.

Print Name and Title

General Instructions

Generally, the state housing credit
ceiling for any state is the sum of:

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

1. The larger of $2,665,000 or $2.30
multiplied by the state’s population,

What’s New

2. The amount of state housing credit
ceiling returned in 2009 from allocations
made prior to 2009,

Section 1602 of the American Recovery
and Reinvestment Tax Act of 2009 (ARRTA)
permitted low-income housing grants to be
made to the housing credit agency of each
state. These grants are explained in detail
in section 1602(b) of ARRTA. A state
housing credit agency that receives a grant
is then able to use the grant to make
subawards to finance the construction or
acquisition and rehabilitation of qualified
low-income buildings. Do not file Schedule
A (Form 8610) for any subawards made.

3. The amount, if any, allocated to the
state from the National Pool, plus
4. The unused state housing credit
ceiling, if any, for 2008.
See Regulations section 1.42-14 for
more information.
Credit ceiling increases. In the following
situations, the housing credit ceiling for
certain states will increase.

Section 42(i)(9) provides that the state
housing credit ceiling shall be reduced by
the credit equivalent of low-income
housing grant election amounts requested
in 2009. See the instructions for line 6c for
information on how to calculate the credit
equivalent.

For 2009, the housing credit ceiling for
the states of Alabama, Louisiana, and
Mississippi is increased by the amount of
any Gulf Opportunity (GO) Zone credit
allocated in 2006, 2007, or 2008 that was
both returned and reallocated in the GO
Zone in 2009. See Line 5a, later.

The population component of the state
housing credit ceiling for 2009 is the
greater of $2.30 times the state’s
population or $2,665,000.

For 2009, the housing credit ceiling for
the states of Arkansas, Illinois, Indiana,
Iowa, Missouri, Nebraska, and Wisconsin is
increased by the Midwestern disaster area
credits allocated in 2008 that were both
returned and reallocated in the Midwestern
disaster area in 2009, plus the smaller of
$8.00 multiplied by the state’s population
in the Midwestern disaster areas or the
housing credit dollar amount allocated to
buildings located in the state’s Midwestern
disaster areas. See Line 5a, later.

In addition, certain states are able to
increase their housing credit ceiling. The
guidelines for these increases are
explained in Credit ceiling increases, under
Purpose of Form, below.

Purpose of Form
Housing credit agencies use Form 8610 to
transmit Forms 8609, Low-Income Housing
Credit Allocation and Certification, and
Schedules A (Form 8610) to the IRS. Form
8610 is also used to report the dollar
amount of housing credits allocated during
the calendar year. The housing credit
agency must not allocate more credits than
it is authorized to allocate during the
calendar year.

For 2009, the housing credit ceiling for
Texas is increased by the Hurricane Ike
disaster area credits allocated in 2008 that
were both returned and reallocated in the
Hurricane Ike disaster area in 2009, plus
the smaller of $16.00 multiplied by the
population in the counties of Brazoria,
Chambers, Galveston, Jefferson, and
Orange, or the housing credit dollar
amount allocated to buildings located in
these counties. See Line 5a, later.

▲

▲

▲

Signature of Authorizing Official

Date

For 2009, the housing credit ceiling for
Louisiana is increased by the Hurricane Ike
disaster area credits allocated in 2008 that
were both returned and reallocated in the
Hurricane Ike disaster area in 2009, plus
the smaller of $16.00 multiplied by the
population in the parishes of Calcasieu and
Cameron, or the housing credit dollar
amount allocated to buildings located in
these parishes. See Line 5a, later.
See section 1400N(c) and sections 702
and 704 of Division C of Public Law
110-343 for more information.

Who Must File
Any housing credit agency authorized to
make an allocation of the credit (even if no
credit is actually allocated) on a Form 8609
or carryover allocation reported on a
Schedule A (Form 8610) to an owner of a
qualified low-income building during the
calendar year must complete and file Form
8610. In states with multiple housing credit
agencies (including states with
constitutional home rule cities), the
agencies must coordinate and file one
Form 8610.
Major disaster declarations issued
before July 2, 2007. If a housing credit
agency has granted any project relief for
carryover allocations discussed in section
5 of Rev. Proc. 95-28, 1995-1 C.B. 704,
the agency must attach to Form 8610 a list
of the projects for which it has approved
relief. The housing credit agency should list
only those projects that had received its
approval of the carryover allocation relief
since the agency last filed Form 8610.
Major disaster declarations issued after
July 1, 2007. If a housing credit agency
has granted any project relief for carryover
allocations discussed in section 5 of Rev.
Proc. 2007-54, 2007-31 I.R.B. 293, the
agency must attach to Form 8610 a copy
of the Schedule A (Form 8610) for the
projects for which it has approved relief.
These attached copies of Schedule A
(Form 8610) must have the box checked
that indicates the housing credit agency
granted carryover allocation relief under

Form 8610 (2009)

Rev. Proc. 2007-54. The housing credit
agency should only include Schedules A
(Form 8610) for projects receiving approval
of the carryover allocation relief since the
agency last filed Form 8610. The
information from these particular
Schedules A (Form 8610) are not included
on any line in Part I or Part II of Form 8610.

When To File
File the 2009 Form 8610 with
accompanying Forms 8609 (with only Part I
completed) and Schedules A (Form 8610)
by March 1, 2010.

Page

that reflect credit allocations made prior to
2009 on section 42(h)(1)(E) or 42(h)(1)(F)
carryover allocation documents.

Line 2a
Enter the total number of Forms 8609
attached to this Form 8610 for:
• Credit allocations made prior to 2009 on
section 42(h)(1)(E) or 42(h)(1)(F) carryover
allocation documents and
• Credits attributable to projects financed
by tax-exempt bonds subject to volume
cap under section 42(h)(4).

Where To File

Part II

File Form 8610 and attached forms and
schedules with:

Caution: For lines 5b, 5c, 5d, and 5f, enter
the entire amount, regardless of whether or
not some of the amounts entered on these
lines were exchanged for funds under
section 1602 of ARRTA. Adjustments for
amounts exchanged under section 1602 of
ARRTA are taken into account on line 6c.

Internal Revenue Service
P.O. Box 331
Attn: LIHC Unit, DP 607 South
Philadelphia Campus
Bensalem, PA 19020

Penalty
The $100 penalty under section 6652(j)
applies to any failure to file Form 8610
when due.

Specific Instructions
Note. The primary housing credit agency
may rely on information provided by any
constitutional home rule city or local
housing credit agency under Temporary
Regulations section 1.42-1T(c)(3) or (4).
To ensure that Form 8610 is correctly
processed, attach all forms and schedules
to Form 8610 in the following order.
1. Forms 8609.
2. Schedules A (Form 8610), not
including those for projects approved for
carryover allocation relief under Rev. Proc.
2007-54.
3. Listing of projects approved for
carryover allocation relief under Rev. Proc.
95-28.
4. Schedules A (Form 8610) for projects
approved for carryover allocation relief
under Rev. Proc. 2007-54.

Amended Report
If this is an amended Form 8610, check the
“amended report” box. Use the same
version of the form that was originally filed
(for example, a 2009 Form 8610 to amend
the 2009 report, a 2008 Form 8610 to
amend the 2008 report, etc.).
Complete only those lines that are being
amended by entering the correct
information. Attach any additional
documentation necessary to explain why
an amended Form 8610 is being filed.

Part I
Line 1
Enter the total number of Forms 8609
attached to this Form 8610 that were used
to allocate credit during 2009. Do not
include Forms 8609 issued to taxpayers

Line 5a
For 2009, an additional housing credit
amount is available ONLY to the states
listed on this line. Follow the instructions
to determine the additional housing credit
amount available for the listed states.
Note. Louisiana appears twice on this list,
and its additional housing credit amount is
the total of the two separate calculations.
Alabama, Louisiana, and Mississippi.
No additional housing credit dollar
amounts are authorized for the GO Zone
for 2009. But GO Zone credits that were
allocated in 2006, 2007, or 2008 were
permitted to be returned to the state in
2009 for reallocation in the GO Zone in
2009. Enter on line 5a only the amount of
GO Zone credits allocated in 2006, 2007,
or 2008 that were returned in 2009 and
then reallocated in the GO Zone in 2009.
Arkansas, Illinois, Indiana, Iowa,
Missouri, Nebraska, and Wisconsin. The
additional amount is the total of the state's
Midwestern disaster area credits allocated
in 2008 that were returned and reallocated
in the Midwestern disaster area in 2009,
plus the smaller of the following.

3

See Notice 2008-109, 2008-50 I.R.B.
1282, for more information, including a list
of the counties in the Midwestern disaster
areas and how the state’s population in the
Midwestern disaster areas was determined.
Texas. The additional amount is the total
of the state's Hurricane Ike disaster area
credits allocated in 2008 that were returned
and reallocated in the Hurricane Ike
disaster area in 2009, plus the smaller of
the following.
1. The total housing credit dollar amount
allocated by the housing credit agency to
buildings located in the state’s Hurricane
Ike disaster area for the calendar year, or
2. $16.00 multiplied by 931,635. The
figure of 931,635 represents Texas’
population in its Hurricane Ike disaster
area.
See Notice 2008-109, 2008-50 I.R.B.
1282, for more information, including how
Texas’ population in the Hurricane Ike
disaster area was determined.
Louisiana. The additional amount is the
total of the state's Hurricane Ike disaster
area credits allocated in 2008 that were
returned and reallocated in the Hurricane
Ike disaster area in 2009, plus the smaller
of the following.
1. The total housing credit dollar amount
allocated by the housing credit agency to
buildings located in the state’s Hurricane
Ike disaster area for the calendar year, or
2. $16.00 multiplied by 191,926. The
figure of 191,926 represents Louisiana’s
population in its Hurricane Ike disaster
area.
See Notice 2008-109, 2008-50 I.R.B.
1282, for more information, including how
Louisiana’s population in the Hurricane Ike
disaster area was determined.

Line 5b
A state’s population is determined
according to section 146(j). See Notice
2009-21, 2009-13 I.R.B. 724, for applicable
population figures.

Line 5c

1. The total housing credit dollar amount
allocated by the state housing credit
agency to buildings located in the state’s
Midwestern disaster areas for the calendar
year, or

Do not include on this line allocations
made and returned in the same year. For
states identified in line 5a, do NOT include
line 5a disaster credits returned in 2009
(whether or not reallocated).

2. $8.00 multiplied by the state’s
population in the Midwestern disaster
areas.

Line 5d

When making the calculation described
in (2) above, use the following figures for
the state’s population in its Midwestern
disaster areas.
• Arkansas—957,100
• Illinois—1,515,271
• Indiana—3,098,222
• Iowa—2,615,995
• Missouri—1,414,492
• Nebraska—1,136,088
• Wisconsin—3,830,112

Enter the “Amount Allocated,” if any, for
your state in Rev. Proc. 2009-40, 2009-39
I.R.B. 438.

Line 5g
This is the state housing credit ceiling
available for allocations during 2009.

Form 8610 (2009)

Page

Line 5h

Line 14a

Line 16a

Not more than 90% of the line 5g amount
is allowed to be allocated to projects other
than qualified low-income housing projects
described in section 42(h)(5)(B).

For buildings whose compliance periods
ended during the last 3 calendar years,
complete lines 14b and 14c with respect
to the 3-year period ending on the date the
compliance period ended. Include
buildings financed by the Rural Housing
Service and buildings financed with taxexempt bonds.

Only include projects for which the last
building was placed in service in 2008.
Include buildings financed by the Rural
Housing Service and buildings financed
with tax-exempt bonds.

The amount entered on line 5h is to also
include the credit equivalent of any
subaward the state housing credit agency
made in accordance with section 1602(c)
of ARRTA. The method for calculating the
credit equivalent of a subaward is provided
in the instructions for line 6c.

Lines 6a and 6b
Enter on the applicable line the dollar
amount actually allocated during 2009. Do
not include the following.
• Credits allowed to tax-exempt bond
financed projects under section 42(h)(4).
These credits do not count against the
total state housing ceiling authorized on
line 5g.
• Amounts allocated and returned during
the year, unless such amounts are
reallocated by the close of the year.
On line 6a, enter the total amounts
reported on all Forms 8609, Part I, line 1b,
that are included on line 1 of this Form
8610. On line 6b, enter the total amounts
reported as carryover allocations that are
included on line 3 of this Form 8610.

Line 6c
The credit equivalent of any low-income
housing grant election amounts must be
calculated and entered on line 6c. Section
42(i)(9) provides that the state housing
credit ceiling shall be reduced with regard
to low-income housing grants requested in
2009. The state housing credit agency may
determine the credit equivalent of all grant
election amounts by dividing the total
amount of grant funds requested from the
Treasury Department in 2009 (as reflected
on Treasury's application form) by 8.5 and
rounding the result up to the next dollar.

Part III
Lines 14a, 15a, and 16a
Do not include buildings no longer subject
to compliance monitoring because, for
example, the buildings are no longer
participating in the low-income housing
credit program.

Lines 14b and 14c
Take into account all the projects included
on line 14a. See Regulations section
1.42-5(c)(2)(ii)(B) for details. Include
buildings inspected by the Rural Housing
Service under Regulations section
1.42-5(d)(3).
Caution: Regulations section
1.42-5(c)(2)(ii)(B) requires that at least once
every 3 years the Agency (or the Rural
Housing Service, if applicable) conduct onsite inspections of all buildings in each
project and, for at least 20 percent of each
project’s low-income units, inspect the
units and review the low-income
certifications, the documentation
supporting the certifications, and the rent
records for the tenants in those units. If the
number entered on line 14b or line 14c
does not equal the number entered on line
14a, attach an explanation.

Line 15a
Only include projects for which the last
building was placed in service in 2007.
Include buildings financed by the Rural
Housing Service and buildings financed
with tax-exempt bonds.

Lines 15b and 15c

4

Lines 16b and 16c
Take into account all the projects included
on line 16a. See Regulations section
1.42-5(c)(2)(ii)(A) for details. Include
buildings inspected by the Rural Housing
Service under Regulations section
1.42-5(d)(3).

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.
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
the following forms will vary depending on
individual circumstances. The estimated
average times are:
Form 8610

Sch. A
(Form 8610)

9 hr., 34 min.

3 hr., 35 min.

1 hr., 59 min.

24 min.

2 hr., 13 min.

28 min.

Take into account all the projects included
on line 15a. See Regulations section
1.42-5(c)(2)(ii)(A) for details. Include
buildings inspected by the Rural Housing
Service under Regulations section
1.42-5(d)(3).

Recordkeeping .
Learning about
the law or
the form . . .
Preparing and
sending the
form to the IRS .

Caution: Regulations section
1.42-5(c)(2)(ii)(A) requires that, by the end
of the 2nd calendar year following the year
the last building in the project is placed in
service, the Agency (or the Rural Housing
Service, if applicable) conduct on-site
inspections of all buildings in each project
and, for at least 20 percent of each
project’s low-income units, inspect the
units and review the low-income
certifications, the documentation
supporting the certifications, and the rent
records for the tenants in those units. If the
number entered on line 15b or line 15c
does not equal the number entered on line
15a, attach an explanation.

If you have comments concerning the
accuracy of these time estimates or
suggestions for making these forms
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-6526,
Washington, DC 20224. Do not send these
forms to this address. Instead, see Where
To File, earlier.