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Guide for Completing Form 8823 - page 42 / 197

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42 / 197

Income from Training Programs

  • 1.

    Colorado – U.S. Air Force Academy

  • 2.

    Hawaii – Fort Shafter

  • 3.

    Kansas – Fort Riley

  • 4.

    Maryland – Annapolis Naval Station (including U.S. Naval Academy)

  • 5.

    South Carolina – Fort Jackson

  • 6.

    Texas – Fort Jackson and Fort Hood

  • 7.

    Virginia – Dam Neck Training Center Atlantic

  • 8.

    Washington – Naval Station Bremerton

The exception under IRC §142(d)(2)(B)(ii) applies to:

  • 1.

    determinations of income made after July 30, 2008 and before January 1, 2012, if (1) the IRC §42 credits were allocated26 on or before July 30, 2008 or, (2) if financed with tax-exempt bonds, the building was placed in service before July 30, 2008, but only if the bonds were issued before July 30, 2008.

  • 2.

    determinations of income made after July 30, 2008 if (1) the IRC §42 credits were allocated after July 30, 2008 and before January 1, 2012, or (2) if financed was tax- exempt bonds, the building is placed in service after July 30, 2008 and before January 1, 2012, but only if the bonds were issued after July 30, 2008 and before January 1,

2012.

The low-income building owner is responsible for documenting that the exception under §142(d)(2)(B)(ii) is applicable.*

*Deployment of Military Personnel to Active Duty

Owners are encouraged to accommodate the unique circumstances of households where a member is called to active duty in the Armed Forces. Specific actions that owner can take and remain in compliance include, but are not limited to:

  • 1.

    Allow a guardian to move into the low-income unit on a temporary basis to provide care for any dependents the military person leaves in the unit. The guardian’s income is not included in the household’s income.

  • 2.

    Allow a tenant living in a low-income unit to provide care for any dependents of persons called to active duty in the Armed Forces on a temporary basis as long as the head and/or co-head of the household continues to service in active duty. Income of the dependent (e.g., SSI benefits, military benefits) is not included in the household’s income.

3. Allow leases to remain in effect for a reasonable period of time without recertification (if required) depending on the length of deployment beyond that required by the Soldiers’ and Sailors’ Civil Relief Act of 1940, 50 U.S.C. §§501-591, even though the adult members of the military family are temporarily absent from the assisted unit.*

Compensation from state or local employment training programs or training of a family member as resident management staff is not included in income. Income from training programs not affiliated with a local government and income from the training of a family

26

*The date of allocation is the date the allocating document under IRC §42(h) is signed.*

4-11

Revised October 2009

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