G.8. Assets
IRS Publication 5913 — Low-Income Housing Credit: Guide for Completing Form 8823 (Jan. 2024) · 2026 edition · updated 2026-07-29 · United States
(1) There is no limit on the amount of assets a household may hold and a household is not required to convert an asset to cash.
(2) Assets include bank accounts, trusts, stocks and bonds, the surrender value of life insurance policies, and cash kept in safety deposit boxes or at home. Onetime, lump sum distributions are considered assets; e.g., inheritances, capital gains, victim’s restitution and settlements on insurance claims. Lottery winnings paid in one lump payment are treated as assets. Lottery winnings paid in periodic payments must be counted as income. Lump sum payments of deferred periodic payments of supplemental security income and social security benefits are also considered assets.
(3) For non-cash assets held for investment, the cash value is the net amount the household would receive if the assets were converted to cash. The cash value is the market value, or the amount another person would pay to acquire the asset, less the cost to turn the asset into cash.
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(4) Assets do not include necessary personal items such as clothes, furniture, cars, wedding rings, or vehicles specially equipped for persons with disabilities. Assets used in a business are not assets included in the computation of the tenant’s income. If an asset is held in the tenant’s name, but the income generated by the asset accrues to someone who is not a member of the household and the other person is responsible for income taxes on the accrued income, then the asset is not included in the tenant’s income.
(5) Lump-sum additions to the household’s assets, such as inheritances, insurance proceeds (including payments under health and accident insurance and worker’s compensation), capital gains, and settlements for personal or property losses are excluded from income.
(6) Example 1: Exhausting an Asset
- A tenant receives a lump sum inheritance of $12,000 and deposits the money in a savings account. The asset is disclosed and the income from the asset correctly accounted for at the time of the initial income certification. The tenant subsequently withdraws $1,000 each month to pay personal living expenses. A year later, when the annual income recertification is completed, the bank account balance is zero. The monthly withdraws retain their character of an asset; i.e., they are not considered income. There is no need to include the bank account as an asset in subsequent annual income recertifications since the balance is zero.
(7) Assets disposed of for less than fair market value within two years of the effective date of a tenant’s initial certification or recertification, including assets placed in irrevocable trusts, are included as an asset in the determination of the tenant’s income. Assets are considered to be disposed of for less than fair market value if the cash value of the assets disposed of exceeds the gross amount the tenant received by more than $1,000.
(8) Example 2: Tenant Disposed of Assets for Less Than Fair Market Value
During April of 2009, Jackson Jones gave each of his three children $500. In September of 2009, he applied for low-income housing. Because the total ($1,500) exceeds the $1,000 limit, the gifts are treated as assets disposed of for less than fair market value and are included as income on his application.
- Note: The gifts should also be reported as income for the 2010 income recertification if the lo -income unit is in a mixed-use building. See Chapter 14 for details.
(9) Do not include assets disposed of for less than fair market value as the result of a foreclosure, bankruptcy, or divorce or separation agreement if the applicant or tenant receives valuable consideration not measurable in dollars.
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(10) Assets must be verified, the income generated from assets must be determined, and the income included in the computation of the household’s income.
If the total cash value of a household’s assets is more than $5,000, imputed income must be calculated using the current HUD passbook rate27 and the greater of the actual income or imputed income must be included in the household’s income. Refer to the HUD Handbook 4350.3, paragraph 5-7F, for the passbook rate, which is currently set at 2%.
If the total cash value of the household’s assets is $5,000 or less, the actual income the tenant receives from assets is the amount included in annual income as income from assets. An owner may satisfy asset verification requirements by annually obtaining a signed, sworn statement from the tenant certifying that the tenant’s net family assets are $5,000 or less and disclosing the tenant’s annual income from net assets. Owners, however, may not rely on a low-income tenant’s signed, sworn statement of income from assets if a reasonable person28 in the owner’s position would conclude that the tenant’s income is higher than the amount presented by the tenant. In such cases, the owner must obtain other documentation of the low-income tenant’s annual income from assets to satisfy documentation requirements.[29]
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Ask AI about this code▸ Contents — IRS Publication 5913 — Low-Income Housing Credit: Guide for Completing Form 8823 (Jan. 2024)
- Low-Income Housing Credit Agencies Report of Noncompliance or …
- Audit Technique Guide Revision Date: 1/24/2024
- Table of Contents
- A. Background / History
- A.1. IRS Analysis of Forms 8823 Submitted by State Agencies
- B. Authority of Guide
- C. Purpose of Guide
- D. Content of Guide
- D.1. Organization of Chapters
- E. Relevant Terms
- G. Exhibit 1-1 Reports of Noncompliance (For 8823) Process Map…
- H. Exhibit 1-2 Form 8823
- I. Exhibit 1-3 IRS Noncompliance Notification Letter, Letter 3…
- A. Overview
- A.1. After Building is Approved
- A.2. Before Building is Approved
- A.3. Correction Period
- B. General Guidelines for Completing Form 8823
- C.1. Line 1
- C.2. Line 2
- C.3. Line 3
- C.4. Line 4
- C.5. Line 5
- C.6. Line 6
- C.7. Line 7
- C.8. Line 8
- C.9. Line 9
- C.10. Line 10
- C.11. Line 11a-p
- C.12. Line 11q
- C.13. Line 12
- C.14. Line 13
- C.15. Line 14
- C.16. Signature
- A. Overview
- B.1. Initial Physical Inspection and Tenant File Review
- B.2. Subsequent Physical Inspections and Tenant File Reviews
- B.3. Reporting Current Noncompliance
- C. Sampling Requirements
- C.1. Selecting a Sample
- C.2. Interpreting the Results
- C.3. Expanding the Sample Size
- D. Determining the Scope of the State Agency’s Inspection / Re…
- E. Determining the Depth of the State Agency’s Inspection / Re…
- F. Consideration of Taxpayer Due Diligence
- G. Evidence
- G.1. Documentary Evidence
- G.2. Oral Testimony
- G.3. Third Party Evidence
- G.4. Evaluating Evidence
- H. Workpapers
- H.2. Availability of Workpapers to Owners
- A. Definition
- B.1. Years Prior to 2009
- B.2. Years Subsequent to 2008
- C. Households and Family Size
- D. Family Size Increases
- D.1. Mixed-Use Projects
- D.2. 100 Percent LIHC Projects
- D.3. Original Household No Longer Occupies Unit
- E. Family Size Decreases
- F. Verifying Income and Assets
- G. Determining Annual Income
- G.1. Employment Income
- (7) Example 4: Sporadic Employment
- G.2. Military Employment
- G.3. Military Basic Housing Allowance
- G.4. Deployment of Military Personnel to Active Duty
- G.5. Income from Training Programs
- G.6. Income from a Business
- G.8. Assets
- G.9. Income from Investments
- G.10. Contract Sales of Real Estate Assets
- G.11. Periodic Social Security Payments
- G.12. Periodic Payments, Retirement Accounts, Annuities, and T…
- G.13. Retirement Accounts
- G.14. Annuities
- G.15. Trusts
- G.16. Public Assistance
- G.17. Recurring Gifts, Grants, and Contributions
- G.18. Educational Scholarships or Grants
- G.19. Temporary, Nonrecurring, or Sporadic Income
- G.20. Alimony or Child Support
- G.21. Unearned Income or Minor Children
- G.22. Resident Services Stipend
- G.23. Items Excluded from Income (Miscellaneous)
- H. Tenant Income Certification Effective Date
- H.1. Signatures
- I. Tenant Moves to Another Low-Income Unit
- I.1. In the Same Building
- I.2. In a Different Building
- J.2. Testing for Purposes of Next Available Unit Rule
- J.3. Previously Income-Qualified Households
- L. Documentation Requirements
- L.1. Sufficient but Imperfect Documentation
- L.2. Use of Standardized Forms
- M. In Compliance
- N. Out of Compliance
- O. Back in Compliance
- O.1. Insufficient Documentation
- O.2. Income Ineligible Households
- O.3. Initial Tenant Income Certification is Late
- P. References
- Q. Exhibit 4-1: CCA 2009090416224806
- A. Definition
- A.1. Exception for Certain Buildings
- A.5. Mixed-Use Buildings
- B. In Compliance
- B.1. Household Vacates Unit
- B.2. Owner Takes Action to Remove Noncompliant Household
- C. Out of Compliance
- D. Back in Compliance
- E. References
- A. Definition
- A.1. Identifying Noncompliance – Certification Reports
- A.2. Identifying Noncompliance – Physical Inspections
- A.3. HUD’s Uniform Physical Condition Standards (UPCS)
- A.4. Local Standards
- A.5. Difference between Local Codes and the UPCS
- B. In Compliance
- C. Out of Compliance
- C.1. Level 1 Violations of UPCS
- C.2. Level 2 Violations of UPCS
- C.3. Level 3 Violations of UPCS
- C.4. Health and Safety Violations and Fire Hazard Violations o…
- C.5. Casualty Losses
- C.6. Vacant Units
- C.7. Date of Noncompliance
- C.8. Notice to Owner
- D. Back in Compliance
- D.1. Reporting Noncompliance
- D.2. Submitting Documentation to the IRS
- E. References
- G. Exhibit 6-2: Notification Letter – No Violations Noted
- H. Exhibit 6-3: Notification Letter – Noncompliance
- I. Exhibit 6-4: Notification Letter – Critical Violations
- A. Definition
- B. In Compliance
- B.1. Disclosure of Noncompliance
- B.2. Documentation Requirements
- C. Out of Compliance
- C.1. Out of Compliance Date
- D. Back in Compliance
- E. References
- A. Definition
- A.1. Comercial Use
- A.2. Federal Grants
- A.4. Federal Grants – Buildings Placed in Service After July 3…
- A.5. Funds not Considered Grants
- A.6. Loans Funded with Federal Grants
- A.7. Resident Managers and Maintenance Personnel
- A.8. Security Officers
- A.9. Model Units
- A.10. Community Service Facilities
- B. In Compliance
- C. Out of Compliance
- D. Back in Compliance
- E. References
- A. Definition
- 31, 2008
- B. In Compliance
- B.1. Buildings Placed in Service Before July 31, 2008
- B.2. Buildings Placed in Service after July 30, 2008
- C. Out of Compliance
- D. Back in Compliance
- E. References
- A. Definition
- A.1. Project Defined
- A.2. Deep Rent Skewed Under IRC §142(d)(4)
- A.3. Irrevocable Elections
- A.4. Assistance Provided Under HOME and NAHASDA
- A.5. Suitability for Occupancy
- A.6. Vacant Units
- B. In Compliance
- C. Out of Compliance
- C.2. Date of Noncompliance
- D.1. First Year of the Credit Period
- D.2. Years Subsequent to the First Year of the Credit Period
- D.3. Documentation of Corrected Noncompliance
- E. References
- F. Definition
- F.1. Determination on a Tax Year Basis
- F.2. Determination on a Monthly Basis
- F.3. Fees – Provision of Services
- F.4. Fees – Condition of Occupancy
- F.5. Fees – Application Processing
- F.6. Changes to HUD Income Limits
- F.7. Calculation Methods
- F.8. Tenant Income Rises Above Limit
- F.9. Section 8 Tenants
- F.10. Rural Development (FmHA) Rents
- F.11. Supportive Services
- F.12. Deep Rent Skewing
- (3) IRC §42(i)(2)(E) reads:
- G. In Compliance
- H. Out of Compliance
- I. Back in Compliance
- J. References
- Category 11h – Project not Available to the General Public
- A. Definition
- A.1. Fair Housing Act
- B. In Compliance
- B.1. Marketing
- C. Out of Compliance
- D. Back in Compliance
- E. References
- A. Definition
- B. The Fair Housing Act
- B.1. Reasonable Modification and Accommodation
- B.2. Accessibility
- B.3. Citizenship Status
- B.5. Role of the U.S. Department of Justice
- D.1. Potential Violations Discovered by State Agencies
- D.2. State Agency Notified by HUD or DOJ that the Terms of Set…
- E. IRS Determinations
- G. Exhibit 13-1: HUD’s Regional Offices
- Preamble
- 2) Designating Contacts and Interagency Technical Assistance a…
- 3) Training for State Housing Finance Agencies and Others
- 4) HUD’s Pilot Program to Train Architects on the Act’s Access…
- - 5) Cooperation in Research Concerning Low Income Housing Tax…
- 6) Cooperation to Identify and Remove Unlawful Barriers to Sec…
- - 7) Cooperation in Assisting Syndicators of Low Income Housin…
- 8) Annual Civil Rights Meeting Among Federal Agencies and Part…
- Implementation
- XII. Category 11i – Violations of the Available Unit Rule Unde…
- A. Definition
- A.1. Compliance on a Continuing Basis
- A.2. Changes in Area Median Gross Income
- A.3. Treatment of Vacated Over-Income Units
- A.4. Next Available Unit Defined
- A.5. Comparable or Smaller Unit
- A.6. Summary
- B. In Compliance
- C. Out of Compliance
- C.1. 100 Percent LIHC Projects: Owner Fails to Demonstrate Due…
- C.2. Other Non-Compliance Issues
- D. Back in Compliance
- E. References
- A. Definition
- A.1. Reasonable Attempts
- A.2. Available Low-Income Unit Defined
- A.3. Comparable Units
- B. In Compliance
- C. Out of Compliance
- D. Failure to Provide Information
- E. Back in Compliance
- F. References
- A. Definition
- B. In Compliance
- C. Out of Compliance
- D. Back in Compliance
- E. References
- A. Definition
- A.1. Defining “Student”
- A.2. Units Comprised Entirely of Full-Time Students
- A.3. Verifying and Documenting Student Status
- B. In Compliance
- C. Out of Compliance
- D. Back in Compliance
- E. References
- F. Exhibit 17-1: Student Status Verification
- A. Definition
- A.1. PHA Utility Allowance
- A.3. Utility Company Estimates
- (7) Notification Requirements
- A.10. Cost of Securing Utility Estimates – Taxable Years Begin…
- A.11. Record Retention
- B. In Compliance
- C. Out of Compliance
- D.1. Rent Exceeds Limit
- D.2. No Utility Allowance
- D.3. No Annual Review
- D.4. Insufficient Documentation
- D.5. Reporting Noncompliance
- E. References
- F. Notes
- A. Definition
- B. In Compliance
- C. Out of Compliance
- D. Back in Compliance
- E. References
- A. Definition
- A.1. Buildings Used for Transitional Housing for the Homeless …
- A.2. Single-Room Occupancy (SRO) Units Under IRC § 42(i)(3)(B)…
- B. In Compliance
- C. Out of Compliance
- D. Back in Compliance
- A. Definition
- B. Out of Compliance
- B.1. Return of Credits to State Agency
- B.2. Egregious Noncompliance with Program Requirements
- C.1. Extended Low-Income Housing Commitment
- C.2. Protection of Tenants Rights
- A. Definition
- B. In Compliance
- C. Out of Compliance
- D. Back in Compliance
- (1) IRC §42(h)(5)
- A. Definition
- B.1. Nonperformance of Extended Use Agreements
- B.2. 100 Percent Low-Income Projects: Failure to Complete Annu…
- A. Definition
- A.1. Types of Building Dispositions
- B. References
- XXIII. Miscellaneous Noncompliance Topics
- A. Tenant Misrepresentation or Fraud
- A.1. Reporting Tenant Misrepresentation or Fraud to the IRS
- B. Owner/Taxpayer Fraud
- A. Definition
- A.3. Revenue Procedure 2005-37
- A.4. Eviction or “Termination of Tenancy”
- A.5. Owner Fails to Renew Lease
- B. In Compliance
- C. Out of Compliance
- C.1. Extended Use Agreement
- C.2. Annual Recertification
- C.3. Increased Gross Rent
- D. Back in Compliance
- D.1. Extended Use Agreement
- D.2. Annual Certification
- D.3. Increased Gross Rent
- E. References