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SECTION 15. TAX CREDIT ISSUES

Internal Revenue Bulletin 2001-47 · 2026-10-03 edition · updated 2026-10-04 · United States

Statute or
Regulation
Act Postponed
1.
Treas. Reg.
§ 1.42-
8(a)(3)(v)
The taxpayer and an Agency may elect to use an appropriate percentage under section
42(b)(2)(A)(ii)(I) by notarizing a binding agreement by the 5th day following the end of the
month in which the binding agreement was made.
2.
Treas. Reg.
§ 1.42-8(b)
(1)(vii)
The taxpayer and an Agency may elect an appropriate percentage under section
42(b)(2)(A)(ii)(II) by notarizing a binding agreement by the 5th day following the end of
the month in which the tax-exempt bonds are issued.
3.
Sec.
42(d)(2)(D)
(ii)(IV)
In order to claim section 42 credits on an existing building, section 42(d)(2)(B)(ii)(I) re-
quires that the building must have been placed in service at least ten years before the date
the building was acquired by the taxpayer. A building is not considered placed in service
for purposes of section 42(d)(2)(B)(ii) if the building is resold within a 12-month period
after acquisition by foreclosure of any purchase-money security interest.
4.
Sec.
42(g)(3)(A)

A building shall be treated as a qualified low-income building only if the project meets the
minimum set aside requirement by the close of the first year of the credit period of the
building.
5.
Sec.
42(h)(6)(J)
A low-income housing agreement commitment must be in effect as of the beginning of the
year for a building to receive credit. If such a commitment was not in effect, the taxpayer
has a one-year period for correcting the failure.
6.
Sec.
42(h)(1)(E)
and (F)
The taxpayer’s basis in the building project, as of the later of the date which is 6 months
after the date the allocation was made or the close of the calendar year in which the alloca-
tion is made, must be more than 10 percent of the taxpayer’s reasonably expected basis in
the project.
7.
Sec.
47(c)(1)(C)
and Treas.
Reg.
§ 1.48-
12(b)(2)

A taxpayer has a 24- or 60-month measuring period in which the requisite amount of reha-
bilitation expenditures have to be incurred in order to satisfy the “substantial rehabilitation”
test.
8.

Treas. Reg.
§ 1.48-12(d)(7)
In the historic rehabilitation context, if the taxpayer fails to receive final certification of
completed work prior to the date that is 30 months after the date that the taxpayer filed the
return on which the credit is claimed, the taxpayer must, prior to the last day of the 30th
month, consent to extending the statute of limitations by submitting a written statement to
the District Director.
9.
Sec.
51(d)(12)(A)
(ii)(II) and
51A(d)(1)

An employer seeking the Work Opportunity Credit or the Welfare-to-Work Credit with
respect to an individual must submit Form 8850, Pre-Screening Notice and Certification
Request for the Work Opportunity and Welfare-to-Work Credits, to the State Employment
Security Agency not later than the 21st day after the individual begins work for the em-
ployer.

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