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Guide for Completing Form 8823 - page 21 / 197





21 / 197

Forms 8609, line 1b. Do not include Forms 8609 for which the compliance period has expired.

Line 6

Number of buildings in the project: Enter the number of buildings that house residential living units and have BIN numbers assigned to the project. Do not include recreational facilities or other amenities.

Line 7

a. Number of residential units in the building: Enter the total number of both LIHC units and all other residential units. But do not include managers’ units. See footnote for special rules regarding buildings placed in service prior to September 9, 1992.


b. Number of low-income units in the building.

c. Number of residential units with noncompliance problems: Count each unit for which noncompliance is being identified in this report; do not include previously reported, but still outstanding, noncompliance. Count each unit only once, even if there are multiple compliance problems.

d. Indicate the total number of units reviewed in this building for which the Form 8823 is being filed. Count each unit being reviewed once, even if you reviewed the same unit for both the annual certification and simultaneously performed an on-site review.

Line 8

Date building ceased to comply: Enter the date that the building ceased to comply with the IRC §42 low-income housing credit requirements. If there are multiple noncompliance issues, enter the date of the earliest discovered issue. Do not complete this item to indicate the date a building (or an interest therein) was disposed of.

Line 9

Date noncompliance corrected: If entering a corrected date, make sure the appropriate "noncompliance corrected” block in lines 11a through 11o, or 11q is checked. If there are multiple categories, the date the last issue was resolved should be entered. (Note: there is no “noncompliance corrected” block for category 11p, Project is no longer in compliance nor participating in the program.)

Line 10

Correction of previously reported noncompliance: Check this box if the sole reason for filing the form is to indicate that previously reported noncompliance problems have been corrected.

Line 11a-p

Noncompliance categories: Select the category that best describes the issue being reported. Be sure to check the correct box for “out of compliance” and/or “noncompliance corrected,” as applicable.

Line 11q

This category is used only for those issues that do not fit into the categories specified in 11a through11p. Be sure to attach an explanation.

2 Note that, in some instances involving buildings placed in service, receiving an allocation of credit, or described in IRC §42(h)(4) with respect to which tax-exempt bonds were issued prior to September 9, 1992, managers’ units may be included in the total number of residential units. See Rev. Rul. 92-61, 1992, 32 I.R.B. 4. The IRS will not, however, apply Rev. Rul. 92-61 unless the owner files, or has filed, a return that is consistent with the ruling.


Revised October 2009

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