Form 8823 - Low-Income Housing Credit Agencies Report Of Noncompliance Or Building Disposition Page 2
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Form 8823 (Rev. 9-2015)
Page
General Instructions
date for the earliest discovered issue. Do not complete
item 8 for a building disposition. Instead, skip items 9
Section references are to the Internal Revenue Code
through 12, and complete item 13.
unless otherwise noted.
Item 9. Enter the date that the noncompliance issue was
Future developments. For the latest information about
corrected. If there are multiple issues, enter the date the
developments related to Form 8823 and its instructions,
last correction was made.
such as legislation enacted after they were published, go
Item 10. Do not check this box unless the sole reason
to
for filing the form is to indicate that previously reported
Purpose of Form
noncompliance problems have been corrected.
Housing credit agencies use Form 8823 to fulfill their
Items 11a to 11p. Check only the “out of compliance”
responsibility under section 42(m)(1)(B)(iii) to notify the
box if the issue causing the noncompliance remains
IRS of noncompliance with the low-income housing tax
uncorrected at the end of the correction period. Check
credit provisions or any building disposition.
both the “out of compliance” and “noncompliance
corrected” boxes if the noncompliance was corrected
The housing credit agency should also give a copy of
within the correction period. Check only the
Form 8823 to the owner(s).
“noncompliance corrected” box if the noncompliance
Who Must File
was previously reported to the IRS on a separate Form
Any authorized housing credit agency that becomes
8823.
aware that a low-income housing building was disposed
Item 11c. Housing credit agencies must use either
of or is not in compliance with the provisions of section
(a) the local health, safety, and building codes (or other
42 must file Form 8823.
habitability standards) or (b) the Uniform Physical
When To File
Condition Standards (UPCS) (24 C.F.R. section 5.703)
to inspect the project, but not in combination. The UPCS
File Form 8823 no later than 45 days after (a) the
does not supersede or preempt local codes. Thus, if a
building was disposed of or (b) the end of the time
housing credit agency using the UPCS becomes aware
allowed the building owner to correct the condition(s)
of any violation of local codes, the agency must report the
that caused noncompliance. For details, see Regulations
violation. Attach a statement describing either (a) the
section 1.42-5(e).
deficiency and its severity under the UPCS, i.e., minor
Where To File
(level 1), major (level 2), and severe (level 3) or (b) the
health, safety, or building violation under the local codes.
File Form 8823 with the:
The Department of Housing and Urban Development’s
Department of the Treasury
Real Estate Assessment Center has developed a
Internal Revenue Service Center
comprehensive description of the types and severities of
Philadelphia, PA 19255-0549
deficiencies entitled “Revised Dictionary of Deficiency
Definitions” found at Under Regulations
Specific Instructions
section 1.42-5(e)(3), report all deficiencies to the IRS
Amended return. If you are filing an amended return to
whether or not the noncompliance or failure to certify is
correct previously reported information, check the box at
corrected at the time of inspection.
the top of page 1.
Item 11d. Report the failure to provide annual
Item 2. Enter the building identification number (BIN)
certifications or the provision of certifications that are
assigned to the building by the housing credit agency as
known to be incomplete or inaccurate as required by
shown on Form 8609.
Regulations section 1.42-5(c). As examples, report a
failure by the owner to include a statement summarizing
Items 3, 4, 13c, and 13d. If there is more than one
violations (or copies of the violation reports) of local
owner (other than as a member of a pass-through entity),
health, safety, or building codes; report an owner who
attach a schedule listing the owners, their addresses, and
provided inaccurate or incomplete statements concerning
their taxpayer identification numbers. Indicate whether
corrections of these violations.
each owner’s taxpayer identification number is an
employer identification number (EIN) or a social security
Item 11e. For buildings placed in service before July 31,
number (SSN).
2008, report any federal grant made with respect to any
building or the operation thereof during any tax year in the
Both the EIN and the SSN have nine digits. An EIN has
two digits, a hyphen, and seven digits. An SSN has three
compliance period. For buildings placed in service after
July 30, 2008, report any federal grant used to finance
digits, a hyphen, two digits, a hyphen, and four digits, and
any costs that were included in the eligible basis of any
is issued only to individuals.
building. Report changes in common areas which
Item 7d. “Reviewed by agency” includes physical
become commercial, when fees are charged for facilities,
inspection of the property, tenant file inspection, or
etc. In addition, for buildings placed in service before July
review of documentation submitted by the owner.
31, 2008, report any below market federal loan or any
Item 8. Enter the date that the building ceased to comply
obligation the interest on which is exempt from tax under
with the low-income housing credit provisions.
section 103 that is or was used (directly or indirectly) with
If there are multiple noncompliance issues, enter the
respect to the building or its operation during the
compliance period and that was not taken into account
when determining eligible basis at the close of the first
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