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

2012

▶ Under section 42(l)(3) of the Internal Revenue Code
▶ Information about Form 8610 and its instructions is at www.irs.gov/form8610

Name of housing credit agency

Employer identification number of agency

Address of housing credit agency

Check box if amended
report
. . . . . .

▶

FOR IRS USE ONLY

Part I

Reconciliation of Attached Forms and Schedules

1
2a

Enter the number of attached Forms 8609 used to allocate credit in 2012
Enter the number of attached Forms 8609 for credits
(1) allocated prior to 2012 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 2012 carryover allocations . . . . . . . . .
4
Total number of attached forms and schedules. Add lines 1, 2a, and 3

Part II
5a

1

2a

3
4

Reconciliation of Credit Ceilings and Allocations (see instructions)

Additional housing credit dollar amounts:

• Arkansas, Illinois, Indiana, Iowa, Missouri, Nebraska, and Wisconsin only: Enter Midwestern
disaster area credits allocated in 2008, 2009, or 2010 that were both returned and reallocated in the
Midwestern disaster area in 2012.

b
c
d
e
f
g
h
6a
b
c
d
7
8
9
10

• Louisiana and Texas only: Enter Hurricane Ike disaster area credits allocated in 2008, 2009, or 2010
that were both returned and reallocated in the Hurricane Ike disaster area in 2012 . . . . . . .
Enter the larger of $2.20 multiplied by the state’s population or $2,525,000 . . . . . . . . .
Enter the amount of credit ceiling returned in 2012 from allocations prior to 2012 (see instructions) .
Enter the amount (if any) allocated to the state from the 2012 National Pool . . . . . . . . .
Add lines 5b, 5c, and 5d . . . . . . . . . . . . . . . . . . . . . . . . . .
Enter the unused state housing credit ceiling (if any) from the 2011 Form 8610, line 9 . . . . . .
Total state housing credit ceiling for 2012. Add lines 5a, 5e, and 5f . . . . . . . . . . .
Enter the total amount included in line 5g that was allocated during 2012 to qualified nonprofit
organizations under section 42(h)(5) (see instructions) ▶ $
Enter the total dollar amount of credits from Forms 8609 used to allocate credit in 2012
6a
Enter the total dollar amount of credits from Schedules A (Form 8610), line 5
6b
Total credits allocated during 2012. Add lines 6a and 6b (cannot exceed line 5g) . . . . . . .
Subtract line 5a from line 6c
. . . . . . . . . . . . . . . . . . . . . . . .
Enter the smaller of line 5f or line 6d . . . . . . . . . . . . . . . . . . . . . .
Subtract line 7 from line 6d . . . . . . . . . . . . . . . . . . . . . . . . .
State’s unused housing credit ceiling carryover to 2013. Subtract line 8 from line 5e. If zero or less, enter -0Unused 2011 carryover assigned to 2013 National Pool. Subtract line 7 from line 5f . . . . .

Part III
11

12
13

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

6c
6d
7
8
9
10

Compliance With Low-Income Housing Requirements (see instructions)

Does the state’s qualified allocation plan in effect for 2012 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 2012 (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 2012 (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 (2012)

Form 8610 (2012)

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 2010 .
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 2010 . . . . . . . . .
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 2011 . . . . . . . . .
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.

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

Future Developments
For the latest information about
developments related to Form 8610
and its instructions, such as legislation
enacted after they were published, go
to www.irs.gov/form8610.

What’s New
The population component of the state
housing credit ceiling for 2012 is the
greater of $2.20 times the state’s
population or $2,525,000.
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, LowIncome 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.
Generally, the state housing credit
ceiling for 2012 for any state is the
sum of:
1. The larger of $2,525,000 or $2.20
multiplied by the state’s population,
2. The amount of state housing
credit ceiling returned in 2012 from
allocations made prior to 2012,
3. The amount, if any, allocated to
the state from the National Pool, plus

Print Name and Title

4. The unused state housing credit
ceiling, if any, for 2011.
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.
For 2012, the housing credit ceiling
for Arkansas, Illinois, Indiana, Iowa,
Missouri, Nebraska, and Wisconsin is
increased by the Midwestern disaster
area credits allocated in 2008, 2009, or
2010 that were both returned and
reallocated in the Midwestern disaster
area in 2012. See Line 5a, later.
For 2012, the housing credit ceiling
for Louisiana and Texas is increased
by the Hurricane Ike disaster area
credits allocated in 2008, 2009, or
2010 that were both returned and
reallocated in the Hurricane Ike
disaster area in 2012. See Line 5a,
later.

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.

▲

General Instructions

▲

▲

Signature of Authorizing Official

Date

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 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 2012 Form 8610 with
accompanying Forms 8609 (with only
Part I completed) and Schedules A
(Form 8610) by February 28, 2013.

Where To File
File Form 8610 and attached forms
and schedules with:
Department of the Treasury
Internal Revenue Service Center
Philadelphia, PA 19255-0549

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).

Form 8610 (2012)

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. 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 2012
Form 8610 to amend the 2012 report,
a 2011 Form 8610 to amend the 2011
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 2012. Do
not include Forms 8609 issued to
taxpayers that reflect credit allocations
made prior to 2012 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 2012
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).

Part II
Line 5a
For 2012, 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.

Page

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, 2009, or
2010 that were returned and
reallocated in the Midwestern disaster
area in 2012.
Louisiana and Texas. The
additional amount is the total of the
state's Hurricane Ike disaster area
credits allocated in 2008, 2009, or
2010 that were returned and
reallocated in the Hurricane Ike
disaster area in 2012.

Line 5b
A state’s population is determined
according to section 146(j). See Notice
2012-22, 2012-13 I.R.B. 576, for
applicable population figures.

Line 5c
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 2012 (whether or not
reallocated).

Line 5d
Enter the "Amount Allocated," if any,
for your state in Rev. Proc. 2012-42,
2012-46 I.R.B. 545.

Line 5g
This is the state housing credit ceiling
available for allocations during 2012.

Line 5h
Not more than 90% of the line 5g
amount is allowed to be allocated to
projects other than qualified lowincome housing projects described in
section 42(h)(5)(B).
Enter the sum of the following
amounts.
• Any amount reported on line 1b of an
attached Form 8609 with box 6g
checked.
• Any amount reported on line 5 of an
attached Schedule A (Form 8610) with
question 3b answered “Yes.”

Lines 6a and 6b
Enter on the applicable line the dollar
amount actually allocated during 2012.
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.

3

• 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.

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 lowincome housing credit program.

Line 14a
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 tax-exempt bonds.

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 on-site inspections of all
buildings in each project and, for at
least 20 percent of each project’s lowincome 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.

Form 8610 (2012)

Page

Line 15a

Line 16a

Only include projects for which the last
building was placed in service in 2010.
Include buildings financed by the Rural
Housing Service and buildings
financed with tax-exempt bonds.

Only include projects for which the
last building was placed in service in
2011. Include buildings financed by
the Rural Housing Service and
buildings financed with tax-exempt
bonds.

Lines 15b and 15c
Take into account all the projects
included on line 15a. 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)(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 lowincome 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.

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

4

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

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.

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:M:S, 1111
Constitution Ave. NW, IR-6526,
Washington, DC 20224. Do not send
these forms to this address. Instead,
see Where To File, earlier.