SECTION 15. TAX CREDIT — Internal Revenue Bulletin 2007-34

Statute or Regulation Act Postponed

Sec. 42(e)(3)(A)(ii) A taxpayer has a 24-month measuring period in which the requisite amount of rehabilitation expenditures has to be incurred in order to qualify for treatment as a separate new building.
Treas. Reg. § 1.42–5(c)(1)
Treas. Reg. § 1.42–5(c)(1)(iii)
Treas. Reg. § 1.42–8(a)(3)(v)
Treas. Reg. § 1.42–8(b)(1)(vii)

The taxpayer must make certain certifications at least annually to the Agency.

The taxpayer must receive an annual income certification from each low-income tenant with documentation to support the certification.

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.

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.

Sec. In order to claim section 42 credits on an existing building, section 42(d)(2)(B)(ii)(I) requires that the 42(d)(2)(D)(ii)(IV) 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.
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.
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.
Sec. 42(h)(1)(E) and (F)
Sec. 47(c)(1)(C) and Treas. Reg. § 1.48–12(b)(2)
Treas. Reg. § 1.48–12(d)(7)
Sec. 51(d)(12)(A)(ii)(II) and 51A(d)(1)

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 allocation is made, must be more than 10 percent of the taxpayer’s reasonably expected basis in the project.

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

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 Service.

An employer seeking the Work Opportunity Credit with respect to an individual must submit Form 8850, Pre-Screening Notice and Certification Request for the Work Opportunity Credit, to the State Employment Security Agency (State Workforce Agency) not later than the 28th day after the individual begins work for the employer.

2007–34 I.R.B. 408 August 20, 2007