§ 1.42-0 Table of contents. This section lists the paragraphs contained in §§ 1.42-1 through 1.42-19 and § 1.42-1T. *§ 1.42-1 Limitation on low-income housing credit allowed with respect to qualified low-income buildings receiving housing credit allocations from a State or local housing credit agency.* (a) through (g) [Reserved] (h) Filing of forms. (i) [Reserved] (j) Effective dates. *§ 1.42-1T Limitation on low-income housing credit allowed with respect to qualified low income buildings receiving housing credit allocations from a State or local housing credit agency (temporary).* (a) In general. (1) Determination of amount of low-income housing credit. (2) Limitation on low-income housing credit allowed. (b) The State housing credit ceiling. (c) Apportionment of State housing credit ceiling among State and local housing credit agencies. (1) In general. (2) Primary apportionment. (3) States with 1 or more constitutional home rule cities. (i) In general. (ii) Amount of apportionment to a constitutional home rule city. (iii) Effect of apportionment to constitutional home rule cities on apportionment to other housing credit agencies. (iv) Treatment of governmental authority within constitutional home rule city. (4) Apportionment to local housing credit agencies. (i) In general. (ii) Change in apportionment during a calendar year. (iii) Exchanges of apportionments. (iv) Written records of apportionments. (5) Set-aside apportionments for projects involving a qualified nonprofit organization. (i) In general. (ii) Projects involving a qualified nonprofit organization. (6) Expiration of unused apportionments. (d) Housing credit allocation made by State and local housing credit agencies. (1) In general. (2) Amount of a housing credit allocation. (3) Counting housing credit allocations against an agency's aggregate housing credit dollar amount. (4) Rules for when applications for housing credit allocations exceed an agency's aggregate housing credit dollar amount. (5) Reduced or additional housing credit allocations. (i) In general. (ii) Examples. (6) No carryover of unused aggregate housing credit dollar amount. (7) Effect of housing credit allocations in excess of an agency's aggregate housing credit dollar amount. (8) Time and manner for making housing credit allocations. (i) Time. (ii) Manner. (iii) Certification. (iv) Fee. (v) No continuing agency responsibility. (e) Housing credit allocation taken into account by owner of a qualified low-income building. (1) Time and manner for taking housing credit allocation into account. (2) First-year convention limitation on housing credit allocation taken into account. (3) Use of excess housing credit allocation for increases in qualified basis. (i) In general. (ii) Example. (4) Separate housing credit allocations for new buildings and increases in qualified basis. (5) Acquisition of building for which a prior housing credit allocation has been made. (6) Multiple housing credit allocations. (f) Exception to housing credit allocation requirement. (1) Tax-exempt bond financing. (i) In general. (ii) Determining use of bond proceeds. (iii) Example. (g) Termination of authority to make housing credit allocation. (1) In general. (2) Carryover of unused 1989 apportionment. (3) Expiration of exception for tax-exempt bond financed projects. (h) [Reserved] (i) Transitional rules. § 1.42-2 Waiver of requirement that an existing building eligible for the low-income housing credit was last placed in service more than 10 years prior to acquisition by the taxpayer. (a) Low-income housing credit for existing building (b) Waiver of 10-year holding period requirement (c) Waiver requirements (1) Federally-assisted building (2) Federal mortgage funds at risk (3) Statement by the Department of Housing and Urban Development or the Farmers' Home Administration (4) No prior credit allowed (d) Application for waiver (1) Time and manner (2) Information required (3) Other rules (4) Effective date of waiver (5) Attachment to return (e) Effective date of regulations *§ 1.42-3 Treatment of buildings financed with proceeds from a loan under an Affordable Housing Program established pursuant to section 721 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA).* (a) Treatment under sections 42(i) and 42(b). (b) Effective date. *§ 1.42-4 Application of not-for-profit rules of section 183 to low-income housing credit activities.* (a) Inapplicability to section 42. (b) Limitation. (c) Effective date. *§ 1.42-5 Monitoring compliance with low-income housing credit requirements.* (a) Compliance monitoring requirement. (1) In general. (2) Requirements for a monitoring procedure. (i) In general. (ii) Order and form. (iii) [Reserved] (b) Recordkeeping and record retention provisions. (1) Recordkeeping provision. (2) Record retention provision. (3) Inspection record retention provision. (c) Certification and review provisions. (1) Certification. (2) Review. (ii)-(iii) [Reserved] (3) [Reserved] (4) Exception for certain buildings. (i) In general. (ii) Agreement and review. (iii) Example. (5) Agency reports of compliance monitoring activities. (d) Inspection provision. (1) In general. (2) Inspection standard. (3) Exception from inspection provision. (4) Delegation. (e) Notification-of-noncompliance provisions. (1) In general. (2) Notice to owner. (3) Notice to Internal Revenue Service. (i) In general. (ii) Agency retention of records. (4) Correction period. (f) Delegation of authority. (1) Agencies permitted to delegate compliance monitoring functions. (i) In general. (ii) Limitations. (2) Agencies permitted to delegate compliance monitoring functions to another Agency. (g) Liability. (h) Effective/applicability dates. (1) In general. (2) [Reserved] *§ 1.42-6 Buildings qualifying for carryover allocations.* (a) Carryover allocations. (1) In general. (2) 10 percent basis requirement. (i) Allocation made before July 1. (ii) Allocation made after June 30. (b) Carryover-allocation basis. (1) In general. (2) Limitations. (i) Taxpayer must have basis in land or depreciable property related to the project. (ii) High cost areas. (iii) Amounts not treated as paid or incurred. (iv) Fees. (3) Reasonably expected basis. (4) Examples. (c) Verification of basis by Agency. (1) Verification requirement. (2) Manner of verification. (3) Time of verification. (i) Allocations made before July 1. (ii) Allocations made after June 30. (d) Requirements for making carryover allocations. (1) In general. (2) Requirements for allocation. (3) Special rules for project-based allocations. (i) In general. (ii) Requirement of section 42(h)(1)(F)(1)(III). (4) Recordkeeping requirements. (i) Taxpayer. (ii) Agency. (5) Separate procedure for election of appropriate percentage month. (e) Special rules. (1) Treatment of partnerships and other flow-through entities. (2) Transferees. *§ 1.42-7 Substantially bond-financed buildings.* [Reserved] *§ 1.42-8 Election of appropriate percentage month.* (a) Election under section 42(b)(2)(A)(ii)(I) to use the appropriate percentage for the month of a binding agreement. (1) In general. (2) Effect on state housing credit ceiling. (3) Time and manner of making election. (4) Multiple agreements. (i) Rescinded agreements. (ii) Increases in credit. (5) Amount allocated. (6) Procedures. (i) Taxpayer. (ii) Agency. (7) Examples. (b) Election under section 42(b)(2)(A)(ii)(II) to use the appropriate percentage for the month tax-exempt bonds are issued. (1) Time and manner of making election. (2) Bonds issued in more than one month. (3) Limitations on appropriate percentage. (4) Procedures. (i) Taxpayer. (ii) Agency. *§ 1.42-9 For use by the general public.* (a) General rule. (b) Limitations. (c) Treatment of units not for use by the general public. *§ 1.42-10 Utility allowances.* (a) Inclusion of utility allowances in gross rent. (b) Applicable utility allowances. (1) Buildings assisted by the Rural Housing Service. (2) Buildings with Rural Housing Service assisted tenants. (3) Buildings regulated by the Department of Housing and Urban Development. (4) Other buildings. (i) Tenants receiving HUD rental assistance. (ii) Other tenants. (A) General rule. (B) Utility company estimate. (C) Agency estimate. (D) HUD Utility Schedule Model. (E) Energy consumption model. (c) Changes in applicable utility allowance. (1) In general. (2) Annual review. (d) Record retention. (e) Actual consumption submetering arrangements. (1) Definition. (2) Administrative fees. *§ 1.42-11 Provision of services.* (a) General rule. (b) Services that are optional. (1) General rule. (2) Continual or frequent services. (3) Required services. (i) General rule. (ii) Exceptions. (A) Supportive services. (B) Specific project exception. *§ 1.42-12 Effective dates and transitional rules.* (a) Effective dates. (1) In general. (2) Community Renewal Tax Relief Act of 2000. (i) In general. (3) Electronic filing simplification changes. (4) Utility allowances. (5) Additional effective dates affecting utility allowances. (b) Prior periods. (c) Carryover allocations. *§ 1.42-13 Rules necessary and appropriate; housing credit agencies' correction of administrative errors and omissions.* (a) Publication of guidance. (b) Correcting administrative errors and omissions. (1) In general. (2) Administrative errors and omissions described. (3) Procedures for correcting administrative errors or omissions. (i) In general. (ii) Specific procedures. (iii) Secretary's prior approval required. (iv) Requesting the Secretary's approval. (v) Agreement to conditions. (vi) Secretary's automatic approval. (vii) How Agency corrects errors or omissions subject to automatic approval. (viii) Other approval procedures. (c) Examples. (d) Effective date. *§ 1.42-14 Allocation rules for post-2000 State housing credit ceiling amount.* (a) State housing credit ceiling. (1) In general. (2) Cost-of-living adjustment. (i) General rule. (ii) Rounding. (b) The unused carryforward component. (c) The population component. (d) The returned credit component. (1) In general. (2) Limitations and special rules. (i) General limitations. (ii) Credit period limitation. (iii) Three-month rule for returned credit. (iv) Returns of credit. (A) Building not qualified within required time period. (B) Noncompliance with terms of the allocation. (C) Mutual consent. (D) Amount not necessary for financial feasibility. (3) Manner of returning credit. (i) Taxpayer notification. (ii) Internal Revenue Service notification. (e) The national pool component. (f) When the State housing credit ceiling is determined. (g) Stacking order. (h) Nonprofit set-aside. (1) Determination of set-aside. (2) Allocation rules. (i) National Pool. (1) In general. (2) Unused housing credit carryover. (3) Qualified State. (i) In general. (ii) Exceptions. (A) De minimis amount. (B) Other circumstances. (iii) Time and manner for making request. (4) Formula for determining the National Pool. (j) Coordination between Agencies. (k) Example. (l) Effective dates. (1) In general. (2) Community Renewal Tax Relief Act of 2000 changes. *§ 1.42-15 Available unit rule.* (a) Definitions. (b) General section 42(g)(2)(D)(i) rule. (c) Exceptions. (1) In general. (2) Rental of next available unit in case of the average income test. (i) Basic rule. (ii) No requirement to comply with the next available unit rule in a specific order. (iii) Deep rent skewed projects. (iv) Limitation. (d) Effect of current resident moving within building. (e) Available unit rule applies separately to each building in a project. (f) Result of noncompliance with available unit rule. (g) Relationship to tax-exempt bond provisions. (h) Examples. (i) Applicability dates. (1) In general. (2) Applicability dates under the average income test. *§ 1.42-16 Eligible basis reduced by federal grants.* (a) In general. (b) Grants do not include certain rental assistance payments. (c) Qualifying rental assistance program. (d) Effective date. *§ 1.42-17 Qualified allocation plan.* (a) Requirements. (1) In general [Reserved]. (2) Selection criteria [Reserved]. (3) Agency evaluation. (4) Timing of Agency evaluation. (i) In general. (ii) Time limit for placed-in-service evaluation. (5) Special rule for final determinations and certifications. (6) Bond-financed projects. (b) Effective date. *§ 1.42-18 Qualified Contracts*. (a) Extended low-income housing commitment. (1) In general. (i) Extended use period. (ii) Termination of extended use period. (iii) Other non-acceptance. (iv) Eviction, gross rent increase concerning existing low-income tenants not permitted. (2) Exception. (b) Definitions. (c) Qualified contract purchase price formula. (1) In general. (i) Initial determination. (ii) Mandatory adjustment by the buyer and owner. (iii) Optional adjustment by the Agency and owner. (2) Low-income portion amount. (3) Outstanding indebtedness. (4) Adjusted investor equity. (i) Application of cost-of-living factor. (ii) Unadjusted investor equity. (iii) Qualified-contract cost-of-living adjustment. (iv) General rule. (v) Provision by the Commissioner of the qualified-contract cost-of-living adjustment. (vi) Methodology. (vii) Example. (5) Other capital contributions. (6) Cash distributions. (i) In general. (ii) Excess proceeds. (iii) Anti-abuse rule. (d) Administrative discretion and responsibilities of the Agency. (1) In general. (2) Actual offer. (3) Debarment of certain appraisers. (e) Effective/applicability date.
*§ 1.42-19 Average income test.* ( a ) Average income set-aside.
( b ) Definition of low-income unit and qualified group of units. ( 1 ) Definition of low-income unit.
( 2 ) Definition of qualified group of units.
( 3 ) Identification of qualified groups of units. ( i ) Average income set-aside test.
( ii ) Applicable fraction determinations.
( iii ) Identification of units.
( c ) Procedures. ( 1 ) - ( 2 ) [Reserved]
( 3 ) Designation of imputed income limitations. ( i ) Timing of designation.
( ii ) 10-percent increments.
( iii ) Continuity.
( iv ) [Reserved]
( 4 ) [Reserved]
( d ) Changing a unit's designated imputed income limitation. ( 1 ) Permitted changes. ( i ) Federally permitted changes.
( ii ) *Housing credit agency* (Agency)-permitted changes.
( iii ) Certain laws.
( iv ) Tenant movement.
( v ) Restoring compliance with average income requirements.
( 2 ) [Reserved]
( e ) Examples.
( f ) Applicability dates. ( 1 ) General rule.
( 2 ) Designations of occupied units.
( 3 ) Applicability of this section to taxable years beginning before January 1, 2023.
[T.D. 8302, 55 FR 21189, May 23, 1990, as amended by T.D. 9755, 81 FR 11107, Mar. 3, 2016; T.D. 9967, 87 FR 61501, Oct. 12, 2022]