A. Definition

• (1) This category is used to report violations associated with the Eligible Basis of a building or any occurrence that result in a decrease in the Applicable Percentage of a building, which is discussed in Chapter 9. This chapter addresses noncompliance affecting the Eligible Basis.

• (2) The low-income housing credit amount is based on certain costs associated with a building (eligible basis) and the portion of the building ( applicable fraction) that low- income households occupy. The cost of acquiring and rehabilitating, or constructing a building constitutes the building's Eligible Basis. The portion of the Eligible Basis attributable to low-income units is the building's Qualified Basis . The Qualified Basis is multiplied by a factor ( Applicable Percentage) so that the credit is limited to 70 percent or 30 percent of the Qualified Basis.1 In summary, the annual credit is:

  • Eligible Basis x Applicable Fraction = Qualified Basis

  • Qualified Basis x Applicable Percentage = Annual Credit

• (3) Generally, under IRC §42(f)(1), the annual credit can be claimed for 10 taxable years, beginning with the taxable year in which the building is placed in service; or, at the election of the taxpayer, the succeeding year2. Under IRC §42(f)(2)(A), there is a special rule for the first year of the credit period. Any reduction in the credit allowable for the first year of the credit period by reason of the rule is allowable for the first taxable year following the credit period. (See IRC §42(f)(2)(B).) In addition, under IRC §42(f)(3), if the qualified basis as of any taxable year in the 15-year compliance period (after the first year) exceeds the qualified basis as of the close of the first year of the credit period, then the applicable percentage applied to the excess Qualified Basis is two-thirds of the Applicable Percentage that would otherwise apply.

• (4) A cost incurred in the construction of a low-income housing building is includable in Eligible Basis under IRC §42(d)(1) if the cost is:

  • Included in the adjusted basis of depreciable property subject to IRC §168 and the property qualifies as residential rental property under IRC §103, or

  • Included in the adjusted basis of depreciable property subject to IRC §168 that is used in a common area or provided as a comparable amenity to all residential rental units in the building, or

  • Included in the adjusted basis of depreciable property under IRC §168 (other than 1 or 2 above) that is used throughout the tax year in providing any community service facility, as described in IRC §42(d)(4)(C)(iii).

• (5) Eligible Basis may include the cost of facilities for use by tenants to the extent there is no separate fee for using the facilities and the facilities are available on

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a comparative basis to all tenants. It may also include the cost of amenities if the amenities are comparable to the cost of amenities in other units.

(6) Example 1: Laundry Room and Coin Operated Washers and Dryers

• An owner included the cost of a building housing a laundry facility in the eligible basis. For security reasons, the room kept locked, but every household has a key and has access at any time. The owner installed coin operated washers and dryers.

• The owner can include the cost of the building in eligible basis; i.e., all tenants have access to the facility. However, because the tenants must pay an additional fee to use the washers and dryers, the appliances should not be included in eligible basis.