Estimates Provided by Licensed Engineer or Qualified Professional
The utility allowance must be prepared by a properly licensed engineer or a qualified professional. A qualified professional must be (1) approved by the state/local housing credit agency having jurisdiction over the building, and (2) must not be related to the building owner within the meaning of IRC §§ 267(b) or 707(b)11.*
*Annual Review - Taxable Years Beginning After July 28, 2009*
*Under Treas. Reg. §1.42-10(c)(2)12, a building owner must review the basis on which utility allowances have been established at least once during each calendar year and must update the allowance if required. Building owners may choose to calculate new utility allowances more frequently than once during a calendar year, provided the owner complies with the requirement of Treas. Reg. 1.42-10, including the requirement to notify the state/local housing credit agency and tenants.
First Year of the Credit Period
No review is required until the building has achieved 90 percent occupancy for a period of 90 consecutive days, or by [at] the end of the first year of the credit period, whichever is earlier. If the review is completed at the end of the year, the consumption rates as of December 31st of the first year of the credit period. Consequently, the 90-day period will begin no later March 1 of the year subsequent to the first year of the credit period.
The review must take into account any changes to the building such as any energy conservation measures and affect energy consumption and changes in utility rates.
Owners may use different methods for computing the allowances for different utilities.
3. Owners are not prohibited from changing methods used for calculating a utility allowance in order to most accurately estimate the utility allowance.*
Updating Utility Allowances – *Taxable Years Beginning Before July 29, 2008*
If the applicable utility allowance for a unit changes, the new utility allowance must be used to compute gross rents of LIHC units due 90 days after the change. As a practical matter, utility allowances are usually reviewed when HUD updates the Area Median Gross Income (AMGI) for the location (which may change the allowable gross rent). If the applicable utility allowance for a unit changes, the new allowance must be used to compute gross rents due 90 days after the change.
*PHA Utility Estimates
As explained in 24 CFR 982.517, Utility Allowance Schedule, paragraph (4)(c)(1), a PHA must review its schedule of utility allowances each year, and must revise its allowance for a utility category if there has been a change of 10 percent or more since the last time the utility allowance was revised. The 90-day implementation period begins when the PHA makes revised utility allowances available.*
*See note 2 at the end of the chapter.* *As amended by TD 9420.*
Revised October 2009