Form 8609, Low-Income Housing Credit Allocation and Certification

Instructions for Form 8609
(Rev. December 2013)

Department of the Treasury
Internal Revenue Service

Low-Income Housing Credit Allocation and Certification
Section references are to the Internal Revenue Code unless
otherwise noted.

Future Developments

For the latest information about developments related to
Form 8609 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/form8609.

What's New

The 9% minimum applicable credit percentage has been
extended to certain buildings placed in service after
December 30, 2013, with respect to housing credit dollar
amount allocations made before January 1, 2014. For
details, see the caution in the Part I instructions.

General Instructions
Purpose of Form

Owners of residential low-income rental buildings are
allowed a low-income housing credit for each qualified
building over a 10-year credit period. Form 8609 can be used
to obtain a housing credit allocation from the housing credit
agency. A separate Form 8609 must be issued for each
building in a multiple building project. Form 8609 is also used
to certify certain information.
Housing credit agency. This is any state or local agency
authorized to make low-income housing credit allocations
within its jurisdiction.
Building identification number (BIN). This number is
assigned by the housing credit agency. The BIN initially
assigned to a building must be used for any allocation of
credit to the building that requires a separate Form 8609 (see
Multiple Forms 8609, later). For example, rehabilitation
expenditures treated as a separate new building should not
have a separate BIN if the building already has one. Use the
number first assigned to the building.
Allocation of credit. For an owner to claim a low-income
housing credit on a building (except as explained under
Tax-exempt bonds, later), the housing credit agency must
make an allocation of the credit by the close of the calendar
year in which the building is placed in service, unless:
1. The allocation is the result of an advance binding
commitment by the credit agency made not later than the
close of the calendar year in which the building is placed in
service (see section 42(h)(1)(C));
2. The allocation relates to an increase in qualified basis
(see section 42(h)(1)(D));
3. The allocation is made to a building located in the Gulf
Opportunity (GO) Zone, Rita GO Zone, or Wilma GO Zone, if
the allocation was initially made in 2006, 2007, or 2008, and
the building is placed in service during the period beginning
on January 1, 2006, and ending on December 31, 2011 (see
Pub. 4492, Information for Taxpayers Affected by Hurricanes
Katrina, Rita, and Wilma, for a list of the counties and
parishes in these specific zones);

Oct 11, 2013

4. The allocation is made for a building placed in service
no later than the second calendar year following the calendar
year in which the allocation is made if the building is part of a
project in which the taxpayer's basis is more than 10% of the
project's reasonably expected basis as of the end of that
second calendar year; or
5. The allocation is made for a project that includes more
than one building if:
a. The allocation is made during the project period,
b. The allocation applies only to buildings placed in
service during or after the calendar year in which the
allocation is made, and
c. The part of the allocation that applies to any building is
specified by the end of the calendar year in which the
building is placed in service.
See sections 42(h)(1)(E) and 42(h)(1)(F) and Regulations
section 1.42-6 for more details.
The agency can only make an allocation to a building
located within its geographical jurisdiction. Once an
allocation is made, the credit is allowable for all years during
the 10-year credit period. A separate Form 8609 must be
completed for each building to which an allocation of credit is
made.
Multiple Forms 8609. Allocations of credit in separate
calendar years require separate Forms 8609. Also, when a
building receives separate allocations for acquisition of an
existing building and for rehabilitation expenditures, a
separate Form 8609 must be completed for each credit
allocation.
Tax-exempt bonds. No housing credit allocation is required
for any portion of the eligible basis of a qualified low-income
building that is financed with tax-exempt bonds taken into
account for purposes of the volume cap under section 146.
An allocation is not needed when 50% or more of the
aggregate basis of the building and the land on which the
building is located (defined below) is financed with certain
tax-exempt bonds. However, 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. This 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) for the meaning of
“functionally related and subordinate”).

Filing Requirement
Housing credit agency. Complete and sign Part I of Form
8609 and make copies of the form. Submit a copy with Form
8610, Annual Low-Income Housing Credit Agencies Report,
and keep a copy for the records. The agency must send the
original, signed Form 8609 (including instructions) to the
building owner.
Building owner. You must make a one-time submission of
Form 8609 to the Low-Income Housing Credit (LIHC) Unit at
the IRS Philadelphia campus. After making a copy of the

Cat. No. 52385A

official of the housing credit agency during the year the
building is placed in service.
However, if an allocation is made under section 42(h)(1)
(E) or 42(h)(1)(F), the date of allocation is the date the
authorized official of the housing credit agency completes,
signs, and dates the section 42(h)(1)(E) or 42(h)(1)(F)
document used to make the allocation. If no allocation is
required (i.e., 50% or greater tax-exempt bond financed
building), leave line 1a blank.

completed original Form 8609, file the original of the form
with the unit no later than the due date (including extensions)
of your first tax return with which you are filing Form 8609-A,
Annual Statement for Low-Income Housing Credit.
Where to file Form 8609. Send the properly completed
and signed form(s) to:
Department of the Treasury
Internal Revenue Service Center
Philadelphia, PA 19255-0549

Line 1b. Enter the housing credit dollar amount allocated to
the building for each year of the 10-year credit period. The
amount should equal the percentage on line 2 multiplied by
the amount on line 3a. The housing credit agency is required
to allocate only the amount necessary to assure project
feasibility. To accomplish this, the agency can, to the extent
permitted by the Code and regulations, lower the percentage
on line 2 and the amount on line 3a. See the instructions for
these lines for the limits that apply. For tax-exempt bond
projects for which no allocation is required, enter the housing
credit dollar amount allowable under section 42(h)(4).

Note. The housing credit agency may require you to submit
a copy of Form 8609 with a completed Part II to the agency.
You should contact the agency to obtain agency filing
requirements.
Also, file Form 8609-A for each year of the 15-year
compliance period. The credit is claimed on Form 8586,
Low-Income Housing Credit. See the forms for filing
instructions.

Building Owner's Recordkeeping

Line 2. The maximum applicable credit percentage
allowable is determined in part by the date the building was
placed in service. Follow the instructions pertaining to the
date the building was placed in service.
Buildings placed in service before July 31, 2008.
Enter the maximum applicable credit percentage allowable to
the building for the month the building was placed in service
or, if applicable, for the month determined under former
section 42(b)(2)(A)(ii). This percentage may be less than the
applicable percentage published by the IRS.
If an election was made under former section 42(b)(2)(A)
(ii) to use the applicable percentage for a month other than
the month in which a building is placed in service, the
requirements of Regulations section 1.42-8 must be met. The
agency must keep a copy of the binding agreement. The
applicable percentage is published monthly in the Internal
Revenue Bulletin. For new buildings that are not federally
subsidized under section 42(i)(2)(A), use the applicable
percentage for the 70% present value credit. For new
buildings that are federally subsidized, or existing buildings,
use the applicable percentage for the 30% present value
credit. See the instructions for line 6 for the definition of
“federally subsidized,” and the time period for which the
definition applies. A taxpayer may elect under section 42(i)(2)
(B) to reduce eligible basis by the principal amount of any
outstanding below-market federal loan or the proceeds of
any tax-exempt obligation in order to obtain the higher credit
percentage.
For allocations to buildings for additions to qualified basis
under section 42(f)(3), do not reduce the applicable
percentage even though the building owner may only claim a
credit based on two-thirds of the credit percentage allocated
to the building.
Buildings placed in service after July 30, 2008. Enter
the maximum applicable credit percentage allowable to the
building for the month the building was placed in service or, if
applicable, for the month determined under section 42(b)(1)
[(A)](ii). This percentage may be less than the applicable
percentage published by the IRS.

Keep the following items in your records for three years after
the due date (including extensions) of the owner's tax return
for the tax year that includes the end of the 15-year
compliance period.
A copy of the original Form 8609 received from the
housing agency and all related Forms 8609-A (or
predecessor Schedules A (Form 8609)), Forms 8586, and
any Forms 8611, Recapture of Low-Income Housing Credit.
If the maximum applicable credit percentage allowable on
line 2 reflects an election under section 42(b)(1)[(A)](ii), (or
former section 42(b)(2)(A)(ii), for buildings placed in service
before July 31, 2008), a copy of the election statement.
If the binding agreement specifying the housing credit
dollar amount is contained in a separate document, a copy of
the binding agreement.
If the housing credit dollar amount allocated on line 1b
reflects an allocation made under section 42(h)(1)(E) or
section 42(h)(1)(F), a copy of the allocation document.

Specific Instructions
Part I—Allocation of Credit
Completed by Housing Credit Agency Only
Addition to qualified basis. Check this box if an allocation
relates to an increase in qualified basis under section 42(f)
(3). Enter only the housing credit dollar amount for the
increase. Do not include any portion of the original qualified
basis when determining this amount.
Amended form. Check this box if this form amends a
previously issued form. Complete all entries and explain the
reason for the amended form. For example, if there is a
change in the amount of initial allocation before the close of
the calendar year, file an amended Form 8609 instead of the
original form.
Item A. Identify the building for which this Form 8609 is
issued when there are multiple buildings with the same
address (e.g., BLDG. 6 of 8).

A minimum applicable credit percentage of 9% is in
effect for new non-federally subsidized buildings
CAUTION
placed in service after July 30, 2008, with respect to
housing credit dollar amount allocations made before
January 1, 2014. The 9% minimum also applies to new

Line 1a. Generally, where Form 8609 is the allocating
document, the date of the allocation is the date the Form
8609 is completed, signed, and dated by an authorized

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Instructions for Form 8609 (12-2013)

non-federally subsidized buildings even if the taxpayer made
an irrevocable election (under former section 42(b)(2)(A)(ii)).
If this circumstance applies, do not enter less than 9% on
line 2. See section 42(m) and Regulations section 1.42-8(a)
(4).

For new buildings, the eligible basis may be up to 130% of
such basis determined without this provision.
For existing buildings, the rehabilitation expenditures
under section 42(e) may be up to 130% of the expenditures
determined without regard to this provision.
Enter the percentage to which eligible basis was
increased. For example, if the eligible basis was increased to
120%, enter “120.”
Buildings placed in service after July 30, 2008. For
these buildings, the definition of a “difficult development
area” has been expanded to include any building designated
by the state credit agency in order to be financially feasible
as part of a qualified low-income housing project.

If an election was made under section 42(b)(1)[(A)](ii) to
use the applicable percentage for a month other than the
month in which a building is placed in service, the
requirements of Regulations section 1.42-8 must be met. The
agency must keep a copy of the binding agreement. The
applicable percentage is published monthly in the Internal
Revenue Bulletin. For new buildings that are not federally
subsidized under section 42(i)(2)(A), use the applicable
percentage for the 70% present value credit, but do not enter
less than 9%, unless the housing credit agency determines
that a lesser amount is necessary to assure project feasibility.
For new buildings that are federally subsidized, or existing
buildings, use the applicable percentage for the 30% present
value credit. See the instructions for line 6 for the definition of
“federally subsidized,” and the time period for which the
definition applies. A taxpayer may elect under section 42(i)(2)
(B) to reduce eligible basis by the proceeds of any
tax-exempt obligation in order to obtain the higher credit
percentage.
For allocations to buildings for additions to qualified basis
under section 42(f)(3), do not reduce the applicable
percentage even though the building owner may only claim a
credit based on two-thirds of the credit percentage allocated
to the building.

See section 42(d)(5)(B) (former section 42(d)(5)(C)
for buildings placed in service before July 31, 2008)
for definitions of a qualified census tract and a
difficult development area, and for other details.

TIP

Gulf Opportunity (GO) Zone, Rita GO Zone, and Wilma
GO Zone. The housing credit agency may increase the
eligible basis of buildings in these specific zones if the
buildings were placed in service during the period beginning
on January 1, 2006, and ending on December 31, 2010. For
more information, see section 1400N(c)(3).
Note. Before increasing eligible basis, the eligible basis
must be reduced by any federal subsidy which the taxpayer
elects to exclude from eligible basis. For buildings placed in
service before July 31, 2008, the eligible basis must also be
reduced by any federal grant received. For buildings placed
in service after July 30, 2008, the eligible basis cannot
include any costs financed with federal grant proceeds.

Line 3a. Enter the maximum qualified basis of the building.
In computing qualified basis, the housing credit agency
should use only the amount of eligible basis necessary to
result in a qualified basis which, when multiplied by the
percentage on line 2, equals the credit amount on line 1b.
However, the housing credit agency is not required to reduce
maximum qualified basis and can lower the maximum
applicable percentage on line 2. To figure this, multiply the
eligible basis of the qualified low-income building by the
smaller of:
The fractional amount of low-income units to all residential
rental units (the “unit fraction”) or
The fractional amount of floor space of the low-income
units to the floor space of all residential rental units (the “floor
space fraction”).
Generally, a unit is not treated as a low-income unit unless
it is suitable for occupancy, used other than on a transient
basis, and occupied by qualifying tenants. Section 42(i)(3)
provides for certain exceptions (e.g., units that provide for
transitional housing for the homeless may qualify as
low-income units). See sections 42(i)(3) and 42(c)(1)(E) for
more information.
Except as explained in the instructions for line 3b below,
the eligible basis for a new building is its adjusted basis as of
the close of the first tax year of the credit period. For an
existing building, the eligible basis is its acquisition cost plus
capital improvements through the close of the first tax year of
the credit period. See the instructions for line 3b and section
42(d) for other exceptions and details.

Line 4. Enter the percentage of the aggregate basis of the
building and land on which the building is located that is
financed by certain tax-exempt bonds. If this amount is zero,
enter -0-. Do not leave this line blank.
Line 5. The placed-in-service date for a residential rental
building is the date the first unit in the building is ready and
available for occupancy under state or local law.
Rehabilitation expenditures treated as a separate new
building under section 42(e) are placed in service at the
close of any 24-month period over which the expenditures
are aggregated, whether or not the building is occupied
during the rehabilitation period.
Note. The placed-in-service date for an existing building is
determined separately from the placed-in-service date of
rehabilitation expenditures treated as a separate new
building.
Line 6. Not more than 90% of the state housing credit ceiling
for any calendar year can be allocated to projects other than
projects involving qualified nonprofit organizations. A
qualified nonprofit organization must own an interest in the
project (directly or through a partnership) and materially
participate (within the meaning of section 469(h)) in the
development and operation of the project throughout the
compliance period. See section 42(h)(5) for more details.
Generally, no credit is allowable for acquisition of an
existing building unless substantial rehabilitation is done. See
sections 42(d)(2)(B)(iv) and 42(f)(5) that were in effect on the
date the allocation was made. Do not issue Form 8609 for
acquisition of an existing building unless substantial
rehabilitation under section 42(e) is placed in service.

Line 3b. Special rule to increase basis for buildings in
certain high-cost areas. If the building is located in a
high-cost area (i.e., “qualified census tract,” “difficult
development area,” Gulf Opportunity (GO) Zone, Rita GO
Zone, or Wilma GO Zone), the eligible basis may be
increased as follows.
Instructions for Form 8609 (12-2013)

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are located is used for commercial use. Do not include the
cost of the nonresident rental property. However, you may
generally include the basis of common areas or tenant
facilities, such as swimming pools or parking areas, provided
there is no separate fee for the use of these facilities and they
are made available on a comparable basis to all tenants in
the project.
Buildings placed in service before July 31, 2008. You
must reduce the eligible basis by the amount of any federal
grant received. Also reduce the eligible basis by the entire
basis allocable to non-low-income units that are above
average quality standard of the low-income units in the
building. You may, however, include a portion of the basis of
these non-low-income units if the cost of any of these units
does not exceed by more than 15% the average cost of all
low-income units in the building, and you elect to exclude this
excess cost from the eligible basis by checking the “Yes” box
for line 9b. See section 42(d)(3).
You may elect to reduce the eligible basis by the principal
amount of any outstanding below-market federal loan or the
proceeds of any tax-exempt obligation to obtain a higher
credit percentage. To make this election, check the “Yes” box
in Part II, line 9a. Reduce the eligible basis by the principal
amount of such loan or obligation proceeds before entering
the amount on line 7. You must reduce the eligible basis by
the principal amount of such loan or obligation proceeds, or
any federal grant received, before multiplying the eligible
basis by the increased percentage in Part I, line 3b.
Buildings placed in service after July 30, 2008. The
eligible basis shall not include any costs paid by the
proceeds of a federal grant. Also, reduce the eligible basis by
the entire basis allocable to non-low-income units that are
above average quality standard of the low-income units in the
building. You may, however, include a portion of the basis of
these non-low-income units if the cost of any of these units
does not exceed by more than 15% the average cost of all
low-income units in the building, and you elect to exclude this
excess cost from the eligible basis by checking the “Yes” box
for line 9b. See section 42(d)(3).
You may elect to reduce the eligible basis by the proceeds
of any tax-exempt obligation to obtain a higher credit
percentage. To make this election, check the “Yes” box in
Part II, line 9a. Reduce the eligible basis by the obligation
proceeds before entering the amount on line 7. You must
reduce the eligible basis by such obligation proceeds before
multiplying the eligible basis by the increased percentage in
Part I, line 3b.

Lines 6a and 6d for buildings placed in service before
July 31, 2008. Generally, a building is treated as federally
subsidized if at any time during the tax year or any prior tax
year there is outstanding any tax-exempt bond financing or
any below-market federal loan, the proceeds of which are
used (directly or indirectly) for the building or its operation. If
a building is federally subsidized, then box 6a or 6d must be
checked regardless of whether the taxpayer has informed the
housing credit agency that the taxpayer intends to make the
election under section 42(i)(2)(B) to reduce eligible basis by
the principal amount of any outstanding below-market federal
loan or the proceeds of any tax-exempt obligation.
Lines 6a and 6d for buildings placed in service after
July 30, 2008. A building is treated as federally subsidized if
at any time during the tax year or prior tax year there is
outstanding any tax-exempt bond financing, the proceeds of
which are used (directly or indirectly) for the building or its
operation. If a building is federally subsidized, then box 6a or
6d must be checked regardless of whether the taxpayer has
informed the housing credit agency that the taxpayer intends
to make the election under section 42(i)(2)(B) to reduce
eligible basis by the proceeds of any tax-exempt obligation.
Line 6f for buildings placed in service before July 31,
2008. Under section 42(i)(2)(E), buildings receiving
assistance under the HOME Investment Partnerships Act (as
in effect on August 10, 1993) or the Native American Housing
Assistance and Self-Determination Act of 1996 (as in effect
on October 1, 1997) are not treated as federally subsidized if
40% or more of the residential units in the building are
occupied by individuals whose income is 50% or less of the
area median gross income (or national non-metropolitan
median gross income, when applicable). Buildings located in
New York City receiving this assistance are not treated as
federally subsidized if 25% or more of the residential units in
the building are occupied by individuals whose income is
50% or less of the area median gross income.

Part II—First-Year Certification
Completed by Building Owner With Respect to the
First Year of the Credit Period
By completing Part II, you are certifying the date the
building is placed in service corresponds to the date
CAUTION
on line 5. If the Form 8609 issued to you contains
the wrong date or no date, obtain a new or amended Form
8609 from the housing credit agency.

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Line 7. Enter the eligible basis (in dollars) of the building.
Eligible basis does not include the cost of land. Determine
eligible basis at the close of the first year of the credit period
(see sections 42(f)(1), 42(f)(5), and 42(g)(3)(B)(iii) for
determining the start of the credit period).
For new buildings, the eligible basis is generally the cost
of construction or rehabilitation expenditures incurred under
section 42(e).
For existing buildings, the eligible basis is the cost of
acquisition plus rehabilitation expenditures not treated as a
separate new building under section 42(e) incurred by the
close of the first year of the credit period.
If the housing credit agency has entered an increased
percentage in Part I, line 3b, multiply the eligible basis by the
increased percentage and enter the result.
Residential rental property may qualify for the credit even
though part of the building in which the residential rental units

Line 8a. Multiply the eligible basis of the building shown on
line 7 by the smaller of the unit fraction or the floor space
fraction as of the close of the first year of the credit period
and enter the result on line 8a. Low-income units are units
occupied by qualifying tenants, while residential rental units
are all units, whether or not occupied. See the instructions for
Part I, line 3a.
Line 8b. Each building is considered a separate project
under section 42(g)(3)(D) unless, before the close of the first
calendar year in the project period (defined in section 42(h)
(1)(F)(ii)), each building that is (or will be) part of a multiple
building project is identified by attaching the statement
described below.

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The minimum set-aside requirement (see the
instructions for line 10c) is a project-based test.

CAUTION

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Instructions for Form 8609 (12-2013)

The statement must be attached to this Form 8609 and
include:
The name and address of the project and each building in
the project,
The BIN of each building in the project,
The aggregate credit dollar amount for the project, and
The credit allocated to each building in the project.

Line 10c. You must meet the minimum set-aside
requirements under section 42(g)(1) for the project by
electing one of the following tests.
20-50 Test. 20% or more of the residential units in the
project must be both rent restricted and occupied by
individuals whose income is 50% or less of the area median
gross income or
40-60 Test. 40% or more of the residential units in the
project must be both rent restricted and occupied by
individuals whose income is 60% or less of the area median
gross income.

Notwithstanding a checked “Yes” box on line 8b,
failure to attach a statement providing the above
CAUTION
required information will result in each building being
considered a separate project under section 42(g)(3)(D).

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By electing the 20-50 test, the qualifying income limit
for all low-income individuals in the project is
CAUTION
determined by reference to 50% of area median
gross income.

Two or more qualified low-income buildings may be
included in a multiple building project only if they:
Are located on the same tract of land, unless all of the
dwelling units in all of the buildings being aggregated in the
multiple building project are low-income units (see section
42(g)(7));
Are owned by the same person for federal tax purposes;
Are financed under a common plan of financing; and
Have similarly constructed housing units.
A qualified low-income building includes residential rental
property that is an apartment building, a single-family
dwelling, a town house, a row house, a duplex, or a
condominium.

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Gulf Opportunity (GO) Zone. For purposes of the 20-50
and 40-60 tests defined above, the “national
non-metropolitan median gross income” will be substituted
for the “area median gross income” for all property placed in
service during 2006, 2007, or 2008 in a nonmetropolitan area
in the Gulf Opportunity (GO) Zone.
Once made, the election is irrevocable.
Note. Owners of buildings in projects located in New York
City may not use the 40-60 Test. Instead, they may use the
25-60 Test. Under the 25-60 Test, 25% or more of the
residential units in the project must be both rent restricted
and occupied by individuals whose income is 60% or less of
the area median gross income (see section 142(d)(6)).
Once made, the election is irrevocable.
Rural projects. For purposes of the 20-50, 40-60, and
25-60 tests, “national non-metropolitan median income” will
be used for determining income if it exceeds “area median
gross income,” but only for determinations of income made
after July 30, 2008, and buildings with an allocation of credit.
See section 42(i)(8) for details.

Line 9a. Follow the instructions that apply for the date the
building was placed in service.
Buildings placed in service before July 31, 2008. You
may elect to reduce the eligible basis by the principal amount
of any outstanding below-market federal loan or the
proceeds of any tax-exempt obligation and claim the 70%
present value credit on the remaining eligible basis.
However, if you make this election, you may not claim the
30% present value credit on the portion of the basis that was
financed with the below-market federal loan or the
tax-exempt obligation.
Buildings placed in service after July 30, 2008. You
may elect to reduce the eligible basis by the proceeds of any
tax-exempt obligation and claim the 70% present value credit
on the remaining eligible basis. A minimum applicable
percentage of 9% is in effect for new non-federally
subsidized buildings placed in service after July 30, 2008,
unless the housing credit agency determines a lesser amount
is necessary to assure project feasibility. However, if you
make this election, you may not claim the 30% present value
credit on the portion of the basis that was financed with the
tax-exempt obligation.

The minimum set-aside requirement must be met by
the close of the first year of the credit period in order
CAUTION
to claim any credit for the first year or for any
subsequent years.

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Line 10d. The deep rent skewed 15-40 election is not an
additional test for satisfying the minimum set-aside
requirements of section 42(g)(1). The 15-40 test is an
election that relates to the determination of a low-income
tenant's income. Generally, a continuing resident's income
may increase up to 140% of the applicable income limit (50%
or less or 60% or less of the area median gross income (or,
when applicable, national non-metropolitan median gross
income or national non-metropolitan median income) under
the minimum set-aside rules described earlier in Line 10c).
When the deep rent skewed election is made, the income of
a continuing resident may increase up to 170% of the
applicable income limit. If this election is made, at least 15%
of all low-income units in the project must be occupied at all
times during the compliance period by tenants whose income
is 40% or less of the area median gross income (or, when
applicable, national non-metropolitan median gross income
or national non-metropolitan median income). A deep rent
skewed project itself must meet the requirements of section
142(d)(4)(B). Once made, the election is irrevocable.

Line 9b. See the instructions for Part II, line 7, that apply for
the date the building was placed in service.
Line 10a. You may elect to begin the credit period in the tax
year after the building is placed in service. Once made, the
election is irrevocable.
Note. Section 42(g)(3)(B)(iii) provides special rules for
determining the start of the credit period for certain multiple
building projects.
Line 10b. Partnerships with 35 or more partners are treated
as the taxpayer for purposes of recapture unless an election
is made not to treat the partnership as the taxpayer. Check
the “Yes” box if you do not want the partnership to be treated
as the taxpayer for purposes of recapture. Once made, the
election is irrevocable.

Instructions for Form 8609 (12-2013)

Privacy Act and Paperwork Reduction Act Notice. We
ask for the information on this form to carry out the Internal
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Revenue laws of the United States. Claiming this credit is
voluntary; however, if you do claim the credit, sections 42,
6001, and 6011 require you to provide this information.
Section 6109 requires you to provide your taxpayer
identifying number (SSN, EIN, or ITIN). We need this
information to ensure that you are complying with the
revenue laws and to allow us to figure and collect the right
amount of tax. We may disclose this information to the
Department of Justice for civil or criminal litigation, and to
cities, states, the District of Columbia, and U.S.
commonwealths and possessions for use in administering
their tax laws. We may also disclose this information to other
countries under a tax treaty, to federal and state agencies to
enforce federal nontax criminal laws, or to federal law
enforcement and intelligence agencies to combat terrorism.
Failure to provide this information may delay or prevent
processing your claim. Providing false information may
subject you to penalties.
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.
The time needed to complete and file the form will vary
depending on individual circumstances. The estimated
average time is:
Learning about the law or the form . . . . . . . .
Recordkeeping . . . . . . . . . . . . . . . . . . . .
Preparing and sending the form to the IRS . . .

4 hr., 10 min.
10 hr., 45 min.
4 hr., 31 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 Forms and Publications,
SE:W:CAR:MP:TFP, 1111 Constitution Ave. NW, IR-6526,
Washington, DC, 20224. Do not send the tax form to this
office. Instead, see Filing Requirement, earlier.

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Instructions for Form 8609 (12-2013)