Instructions For Form 8874 (2002)

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2
Form 8874 (2002)
Page
General Instructions
Line 3
Note: The new markets credit may not be carried
back to a tax year ending before 2001.
S corporations and partnerships complete lines 1
Section references are to the Internal Revenue
and 2 and allocate the credit on line 3 to their
Recapture of the Credit
Code unless otherwise noted.
shareholders or partners on Schedule K-1.
Electing large partnerships must include this
You may have to increase your tax by a credit
Purpose of Form
credit in “general credits.”
recapture amount if at any time within 7 years
from the date of the original issuance of the
Use Form 8874 to claim the new markets credit
Part II—Allowable Credit
for qualified equity investments made in qualified
qualified equity investment:
community development entities (CDEs). This
● The entity ceases to be a qualified CDE,
The credit allowed for the current year may be
credit is part of the general business credit.
● Substantially all of the proceeds of the
limited based on your tax liability. Use Part II to
A qualified CDE is a domestic corporation or
investment cease to be used to make qualified
figure the allowable credit unless you must file
partnership:
low-income community investments, or
Form 3800, General Business Credit.
● The primary mission of which is serving, or
● The investment is redeemed by the entity.
Who must file Form 3800. You must file Form
providing investment capital for, low-income
3800 if you have:
See section 45D(g) for details, including how
communities or persons;
● Another credit included in the general
to figure the credit recapture amount. Generally,
● That maintains accountability to residents of
include the credit recapture amount on the line
business credit (other than a credit from Form
low-income communities through their
for recapture taxes (e.g., the “other taxes” or
8844 or 8884) or
representation on any governing board or
“total tax” line) on your income tax return for the
● A carryback or carryforward of any of those
advisory board of the entity; and
year in which the recapture event occurs
credits.
● That has been certified as a qualified CDE by
(e.g., line 61 of the 2002 Form 1040 or line 10 of
See the instructions for Form 3800 to find out
the 2002 Form 1120, Schedule J).
the Community Development Financial
which credits are included in the general
Institutions (CDFI) Fund of the Department of the
You are not subject to recapture of the credit
business credit.
Treasury.
solely because you sell or otherwise dispose of
Qualified CDEs also include specialized small
your investment. However, you cannot claim the
Line 10
business investment companies and community
credit for any credit allowance date after the
See section 38(c)(4) for special rules that apply
disposition.
development financial institutions. See section
to married couples filing separate returns and
45D(c)(2).
Basis Reduction
controlled corporate groups.
A qualified equity investment is generally stock
(other than nonqualified preferred stock) in a
Line 11
You must reduce your basis in your qualified
corporation or a capital interest in a partnership:
equity investment by the amount of the new
Although you may not owe the alternative
● Designated by the qualified CDE as a qualified
markets credits allowed (even if part or all of the
minimum tax (AMT), you generally must still
equity investment,
credit is not allowed for the current year and is
compute the tentative minimum tax (TMT) to
● Acquired solely for cash at its original issue (or
carried forward). However, do not reduce your
figure your allowable credit. For a small
basis for purposes of figuring the exclusion of
from a taxpayer for whom the investment was a
corporation exempt from the AMT under section
gain (a) for qualified small business stock under
qualified equity investment), and
55(e), enter zero. Otherwise, complete and
section 1202, (b) for certain DC zone assets
● Substantially all of the cost of which is used
attach the applicable AMT form or schedule and
under section 1400B, and (c) for certain qualified
by the qualified CDE to make qualified
enter the TMT on line 11.
community assets under section 1400F.
low-income community investments.
Line 14
Generally, a qualified CDE can designate an
Additional Information
equity investment as a qualified equity
If you cannot use all of your credit because of
For more details, see section 45D, Temporary
investment only if it applied for and received a
the tax liability limit (line 13 is smaller than line
Regulations section 1.45D-1T, or
new markets credit allocation from the CDFI
3), carry the unused credit back 1 year and then
Fund by the date the equity investment was
forward up to 20 years. See the instructions for
made. However, an equity investment made after
Form 3800 for details.
Specific Instructions
April 19, 2001, and before January 1, 2003, may
be designated as a qualified equity investment if,
before 2003, the CDE was certified as a qualified
Part I—Current Year Credit
Paperwork Reduction Act Notice. We ask for
CDE and it received notification of the credit
the information on this form to carry out the
allocation from the CDFI Fund. The maximum
Figure the credit for qualified equity investments
Internal Revenue laws of the United States. You
amount of equity investments so designated by
in a qualified CDE you own on line 1. Complete
are required to give us the information. We need
the qualified CDE cannot exceed the amount of
line 2 (instead of line 1) for a credit that was
it to ensure that you are complying with these
the allocation it received from the CDFI Fund. To
allocated to you by an S corporation or a
laws and to allow us to figure and collect the
the extent permitted by law, the names and
partnership from a qualified equity investment it
right amount of tax.
addresses of qualified CDEs that have received
made in a qualified CDE, either directly or
You are not required to provide the
an allocation for each allocation round and the
through another pass-through entity.
information requested on a form that is subject
amount of that allocation will be listed on the
to the Paperwork Reduction Act unless the form
Line 1
CDFI Fund web site at
displays a valid OMB control number. Books or
Enter the information requested for each
How To Figure the Credit
records relating to a form or its instruction must
qualified equity investment held directly by you
be retained as long as their contents may
on a credit allowance date in the current tax
A credit generally is allowed to the holder of the
become material in the administration of any
year. If you need more space, attach a
qualified equity investment on each of 7 credit
Internal Revenue law. Generally, returns and
statement showing all the information requested
allowance dates. The credit allowance dates are
return information are confidential, as required
for each qualified equity investment. On the last
the date the qualified equity investment is initially
by section 6103.
row on line 1, write “See attached” in column (a)
made in a qualified CDE, and that date for each
The time needed to complete and file this
and enter the total of the credit amounts from
of the next 6 years. The credit is equal to the
form will vary depending on individual
the attached statement in column (f).
qualified equity investment multiplied by 5% (6%
circumstances. The estimated average time is:
for the 4th through 7th years). However, the
Line 2
Recordkeeping
8 hr., 7 min.
credit is not allowed for a credit allowance date
if the investment is not a qualified equity
Learning about the
If you have a new markets credit from more than
investment on that date.
law or the form
53 min.
one pass-through entity, attach a statement
Credit allowed prior to your 2002 tax year. If
Preparing and sending
showing the employer identification number (EIN)
you have a credit allowance date that occurs
and credit amount for each pass-through entity,
the form to the IRS
1 hr., 4 min.
prior to your tax year beginning in 2002, do not
write “See attached” in the entry space for the
If you have comments concerning the
file Form 8874. Instead, include the credit on line
EIN, and enter the total of the credit amounts on
accuracy of these time estimates or suggestions
2 of Form 3800 for the prior tax year. Enter
line 2.
for making this form simpler, we would be happy
“NMC” and the amount of the credit on the
to hear from you. See the instructions of the tax
dotted line to the left of the entry space for line
return with which this form is filed.
2. Attach a statement showing the information
requested on line 1 or line 2 of this form (as
applicable), and file it with your original or
amended tax return for the tax year.

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