8586 Low-Income Housing Credit

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8586

Low-Income Housing Credit

Form
(Rev. December 2021)

Department of the Treasury
Internal Revenue Service

▶

▶ Attach to your tax return.
Go to www.irs.gov/Form8586 for the latest information.

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Attachment
Sequence No. 36a
Identifying number

Name(s) shown on return

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2

OMB No. 1545-0984

Number of Forms 8609-A attached . . . . . . . . . . . . . . . . ▶
Has there been a decrease in the qualified basis of any buildings accounted for on line 1 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)
Current year credit from attached Form(s) 8609-A (see instructions) . . . . . . . . . . . . .
Low-income housing credit from partnerships, S corporations, estates, and trusts . . . . . . . .
Add lines 3 and 4. Estates and trusts, go to line 6. Partnerships and S corporations, stop here and report
this amount on Schedule K. All others, stop here and report this amount on Form 3800, Part III, line 4d,
column (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amount allocated to beneficiaries of the estate or trust (see instructions) . . . . . . . . . . .
Estates and trusts, subtract line 6 from line 5. Report this amount on Form 3800, Part III, line 4d, column (c)

DRAFT AS OF
November 1, 2021
DO NOT FILE
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General Instructions

Specific Instructions

Section references are to the Internal Revenue Code unless
otherwise noted.
Future developments. For the latest information about developments
related to Form 8586 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/Form8586.

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 for attached
Form(s) 8609-A.
Line 6. Estates or trusts. Allocate the low-income housing credit
on line 5 between the estate or trust and the beneficiaries in the
same proportion as income was allocated and enter the
beneficiaries’ share on line 6.
If the estate or trust is subject to the passive activity rules, include
on line 4 any low-income housing credits from passive activities
disallowed for prior years and carried forward to this year. Complete
Form 8582-CR, Passive Activity Credit Limitations, to determine the
allowed credit that must be allocated between the estate or trust and
the beneficiaries. For details, see the Instructions for Form 8582-CR.

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.
Taxpayers, other than partnerships, S corporations, estates, or
trusts, 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 Form 3800.

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.
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. The owner must still 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, unless you
follow the procedures to prevent recapture. See Recapture and
building dispositions in the Instructions for Form 8609-A, Annual
Statement for Low-Income Housing Credit, for details. If you must
recapture credits, use Form 8611, Recapture of Low-Income
Housing Credit. See section 42(j) for details.

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
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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 shown below.
Recordkeeping . . . . . . . . . . . . 5 hr., 44 min.
Learning about the law or the form . . . . . . . 52 min.
Preparing and sending the form to the IRS . . . 2 hr., 11 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.

Recordkeeping
Keep a copy of this Form 8586 together with all Forms 8609, Forms
8609-A, and Forms 8611 for 3 years after the 15-year compliance
period ends.
Cat. No. 63987I

Form 8586 (Rev. 12-2021)