X hits on this document

PDF document

Guide for Completing Form 8823 - page 155 / 197





155 / 197

*Verification and Documenting Student Status*

    • III.

      a student enrolled in a job training program receiving assistance under the Job Training Partnership Act or under other similar Federal, State or local laws.

  • 2.

    entirely by full-time students if such students are

    • I.

      *single parents and their children and such parents are not dependents (as defined in IRC 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of another individual and such children are not dependents (as so defined) of another individual other than a parent of such children3,* or

    • II.

      married and file a joint return.

In the case of a single parent with children, the legislative history explains that none of the tenants (parent or children) can be a dependent of a third party. See S. Rpt. No. 103-37, 103d Cong., 1st Sess. 74 (1993).

*Verifying Student Status at Move In

Owners should verify student status at the time households initially move into low- income units. As with the initial income certification, the verification can be completed within 120 days before, and is effective as of, the day the household actually moves into the unit.

Annual Student Status Verification

The owner should complete student status verifications for each low-income household within 120 days before the anniversary of the effective date of the original student verification. For mixed-used projects, the student status verification can be combined with the tenant income recertification. See chapter 5.


Acceptable methods of verification include third party verifications, oral statements, or review of documents submitted by the student. See Exhibit 17-1 for an example.*

In Compliance

A unit is in compliance when (1) it is not occupied entirely by full-time students at qualifying educational organizations for five or more months during the calendar year in which the taxable year of the taxpayer begins, or (2) it is occupied entirely by full-time students that meet one of the exceptions identified in IRC §42 (i)(3)(D). Also, a married couple that is entitled to file a joint tax return, but has not filed one, still satisfies the exception under IRC §42(i)(3)(D)(ii)(II).

3 *IRC §42(i)(3)(D)(ii), as amended by the Mortgage Forgiveness Debt Relief Act of 2007. The amendment applies to credit allocations before, on, or after the date of enactment and buildings placed in service before, on, or after the date of enactment if IRC §42(h)(4) applies; i.e., buildings financed by tax-exempt bonds subject to volume cap.*


Revised October 2009

Document info
Document views755
Page views755
Page last viewedTue Jan 17 02:20:00 UTC 2017