8610 Annual Low-Income Housing Credit Agencies Report

Form

8610

Annual Low-Income Housing Credit Agencies Report

OMB No. 1545-0990

2018

▶ Under

Department of the Treasury
Internal Revenue Service

▶

section 42(l)(3) of the Internal Revenue Code.
Go to www.irs.gov/Form8610 for the latest information.

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
1
2a

Reconciliation of Attached Forms and Schedules
1

Enter the number of attached Forms 8609 used to allocate credit in 2018
Enter the total number of attached Forms 8609 for credits
(1) allocated prior to 2018 and (2) attributable under section
42(h)(4) to projects financed by tax-exempt bonds . . . .

2a

b Enter the total dollar amount of credits attributable to projects
financed by tax-exempt bonds as described in 2a(2) above
▶ $
3
Enter the number of attached Schedules A (Form 8610)
reporting 2018 carryover allocations . . . . . . . . .
4
Total number of attached forms and schedules. Add lines 1, 2a, and 3

3
4

Part II

Reconciliation of Credit Ceilings and Allocations (see instructions)

5a
b
c
d
e
f
g

Enter the larger of $2.70 multiplied by the state’s population or $3,105,000 . . . . . . . . .
Enter the amount of credit ceiling returned in 2018 from allocations prior to 2018. See instructions .
Enter the amount (if any) allocated to the state from the 2018 National Pool . . . . . . . . .
Add lines 5a, 5b, and 5c . . . . . . . . . . . . . . . . . . . . . . . . . .
Enter the unused state housing credit ceiling (if any) from the 2017 Form 8610, line 9 . . . . . .
Total state housing credit ceiling for 2018. Add lines 5d and 5e . . . . . . . . . . . .
Enter the total amount included in line 5f that was allocated during 2018 to qualified nonprofit
organizations under section 42(h)(5). See instructions ▶
$
6a Enter the total dollar amount of credits from Forms 8609 used to allocate
credit in 2018 . . . . . . . . . . . . . . . . . . . . .
6a
b Enter the total dollar amount of credits from Schedules A (Form 8610), line 5
6b
c Total credits allocated during 2018. Add lines 6a and 6b (can’t exceed line 5f) . . . . . . .
7
Enter the smaller of line 5e or line 6c . . . . . . . . . . . . . . . . . . . . . .
8
Subtract line 7 from line 6c . . . . . . . . . . . . . . . . . . . . . . . . .
9
State’s unused housing credit ceiling carryover to 2019. Subtract line 8 from line 5d. If zero or less,
enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10

Unused 2017 carryover assigned to 2019 National Pool. Subtract line 7 from line 5e .

Part III

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

6c
7
8
9
10

Compliance With Low-Income Housing Requirements (see instructions)

11

Does the state’s qualified allocation plan in effect for 2018 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.) . . . . . . . . . . . . .

Yes

No

12

Has the housing credit agency, for 2018 (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.) . . . . . . . . . . . . . . . . . . . . . . . . . .

Yes

No

13

Has the housing credit agency, for 2018 (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.) . . . . . . . . . . . . .

Yes

No

14
15

Number of buildings subject to monitoring . . . . . . . . . .
Number of buildings for which compliance monitoring was completed .

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14
15

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
Cat. No. 63982F

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For Paperwork Reduction Act Notice, see instructions.

▲

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Signature of Authorizing Official

Date
Form 8610 (2018)

Page 2

Form 8610 (2018)

General Instructions
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 2018 is the greater of $2.70 times the state’s population
or $3,105,000.

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.
Generally, the state housing credit ceiling for 2018 for any
state is the sum of:
1. The larger of $3,105,000 or $2.70 multiplied by the
state’s population;
2. The amount of state housing credit ceiling returned in
2018 from allocations made prior to 2018;
3. The amount, if any, allocated to the state from the
National Pool; plus
4. The unused state housing credit ceiling, if any, for 2017.
See Regulations section 1.42-14 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.
If a housing credit agency has granted any project relief for
carryover allocations discussed in section 6 of Rev. Proc.
2014-49, 2014-37 I.R.B. 535, 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. 2014-49. 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)
isn’t included on any line in Part I or Part II of Form 8610.

If a housing credit agency has granted any project relief to
toll the beginning of the first year of the credit period as
discussed in section 10 of Rev. Proc. 2014-49, the agency
must attach to the Form 8610 filed for the calendar year in
which the President declared the area a major disaster area
a statement containing the following information: (1) the
name, address, and TIN of the building owner; (2) the
address of the building; (3) the building identification number
(BIN); and (4) the agency-approved first year of the credit
period. The statement should be labeled “Relief Under
Section 10 of Rev. Proc. 2014-49.” The statement should be
signed by an agency authorized official and a copy of the
statement should be provided to the building owner.

When To File
File the 2018 Form 8610 with accompanying Forms 8609
(with only Part I completed) and Schedules A (Form 8610) by
February 28, 2019.

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).
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. 2014-49.
3. Schedules A (Form 8610) for projects approved for
carryover allocation relief under Rev. Proc. 2014-49.

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 2018 Form 8610 to amend the
2018 report, a 2017 Form 8610 to amend the 2017 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.

Form 8610 (2018)

Part I
Line 1
Enter the total number of Forms 8609 attached to this Form
8610 that were used to allocate credit during 2018. Don’t
include Forms 8609 issued to taxpayers that reflect credit
allocations made prior to 2018 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 2018 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
A state’s population is determined according to section
146(j). See Notice 2018-45, 2018-21 I.R.B. 620, for
applicable population figures.

Line 5b
Don’t include on this line allocations made and returned in
the same year.

Line 5c
Enter the “Amount Allocated,” if any, for your state in Rev.
Proc. 2018-55, 2018-47 I.R.B. 775.

Line 5e
If the 2017 Form 8610 was amended, enter the amount (if
any) from the amended Form 8610, line 9.

Line 5f
This is the state housing credit ceiling available for
allocations during 2018.

Line 5g
Not more than 90% of the line 5f amount is allowed to be
allocated to projects other than qualified low-income
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 6f checked.
• Any amount reported on line 5 of an attached Schedule A
(Form 8610) with question 3b answered “Yes.”

Page

3

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
Line 14
Include all low-income buildings within the 15-year
compliance period as of the end of the reporting year that
were subject to compliance monitoring under Regulations
section 1.42-5 and Temporary Regulations section 1.42-5T.
Line 14 also includes buildings financed with tax-exempt
bonds and by the Rural Housing Service.

Line 15
Of the low-income buildings reported on line 14, enter the
number of buildings that have been physically inspected
and/or subjected to the sampling for unit inspections and
tenant file reviews at least once in the last 3 years. Consider
the physical inspections and tenant file reviews completed if
the owner has been provided notice of the results.
Caution: If line 14 doesn’t equal line 15, attach an
explanation to the Form 8610 to explain the difference. See
Rev. Proc. 2016-15, 2016-11 I.R.B. 435.

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
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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:
Recordkeeping .

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Form 8610

Sch. A
(Form 8610)

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7 hr., 39 min.

3 hr., 49 min.

Learning about the law or
the form . . . . . .

1 hr., 59 min.

24 min.

Lines 6a and 6b

Preparing and sending the
form to the IRS . . . .

2 hr., 12 min.

28 min.

Enter on the applicable line the dollar amount actually
allocated during 2018. Don’t include the following.
• Credits allowed to tax-exempt bond financed projects
under section 42(h)(4). These credits don’t count against the
total state housing ceiling authorized on line 5f.
• Amounts allocated and returned during the year, unless
such amounts are reallocated by the close of the year.

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 send us
comments from www.irs.gov/FormComments. Or you can
write to the Internal Revenue Service, Tax Forms and
Publications Division, 1111 Constitution Ave. NW, IR‐6526,
Washington, DC 20224. Don’t send the form to this office.