For inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under section 1 of this title.
The date of the enactment of this paragraph, referred to in subsec. (b)(2)(A), is the date of enactment of Pub. L. 110–289, which was approved
Section 201(a) of the Tax Reform Act of 1986, referred to in subsec. (c)(2)(B), is section 201(a) of Pub. L. 99–514, which amended section 168 of this title generally.
Section 3 of the Federal Deposit Insurance Act, referred to in subsec. (d)(6)(B), is classified to section 1813 of Title 12, Banks and Banking.
Section 8 of the United States Housing Act of 1937, referred to in subsecs. (d)(6)(C)(i), (g)(2)(B), and (h)(6)(B)(iv), is classified to section 1437f of Title 42, The Public Health and Welfare. Section 8(e)(2) of the Act was repealed by Pub. L. 101–625, title II, § 289(b)(1),
Sections 221(d)(3), (4) and 236 of the National Housing Act, referred to in subsec. (d)(6)(C)(i), are classified to sections 1715l(d)(3), (4) and 1715z–1, respectively, of Title 12, Banks and Banking.
Sections 515, 502(c), and 520 of the Housing Act of 1949, referred to in subsecs. (d)(6)(C)(i), (g)(2)(B)(iv), and (i)(8), are classified to sections 1485, 1472(c), and 1490, respectively, of Title 42, The Public Health and Welfare.
The date of the enactment of this subparagraph, referred to in subsec. (g)(2)(E), is the date of enactment of Pub. L. 100–647, which was approved
The date of the enactment of this clause, referred to in subsec. (i)(3)(B)(iii)(I), is date of enactment of Pub. L. 101–239, which was approved
The Social Security Act, referred to in subsec. (i)(3)(D)(i)(I), (II), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title IV of the Act is classified generally to subchapter IV (§ 601 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Parts B and E of title IV of the Act are classified generally to parts B (§ 620 et seq.) and E (§ 670 et seq.), respectively, of subchapter IV of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The Job Training Partnership Act, referred to in subsec. (i)(3)(D)(i)(III), is Pub. L. 97–300,
Section 1602 of the American Recovery and Reinvestment Tax Act of 2009, referred to in subsec. (i)(9)(A), is section 1602 of Pub. L. 111–5, which is set out as a note below.
A prior section 42, added Pub. L. 94–12, title II, § 203(a),
Another prior section 42 was renumbered section 37 of this title.
2020—Subsec. (b)(3), (4). Pub. L. 116–260 added par. (3) and redesignated former par. (3) as (4).
2018—Subsec. (d)(4)(C)(i). Pub. L. 115–141, § 401(a)(11)(A), substituted “as defined in paragraph (5)(B)(ii)” for “as defined in paragraph (5)(C)”.
Subsec. (e)(2)(B). Pub. L. 115–141, § 401(a)(10), substituted “etc.,” for “etc,” in heading.
Subsec. (f)(5)(B)(ii)(I). Pub. L. 115–141, § 401(a)(11)(B), substituted “(d)(6)(B)” for “(d)(6)(C)”.
Subsec. (g)(1). Pub. L. 115–141, § 103(a)(1), substituted “subparagraph (A), (B), or (C)” for “subparagraph (A) or (B)” in introductory provisions.
Subsec. (g)(1)(C). Pub. L. 115–141, § 103(a)(2), added subpar. (C).
Subsec. (g)(2)(D)(i). Pub. L. 115–141, § 103(b)(1), substituted “clauses (ii), (iii), and (iv)” for “clause (ii)”.
Subsec. (g)(2)(D)(ii). Pub. L. 115–141, § 103(b)(2), in heading, substituted “Rental of next available unit in case of 20–50 or 40–60 test” for “Next available unit must be rented to low-income tenant if income rises above 140 percent of income limit”, and, in text, substituted “In the case of a project with respect to which the taxpayer elects the requirements of subparagraph (A) or (B) of paragraph (1), if” for “If” and struck out at end “In the case of a project described in section 142(d)(4)(B), the preceding sentence shall be applied by substituting ‘170 percent’ for ‘140 percent’ and by substituting ‘any low-income unit in the building is occupied by a new resident whose income exceeds 40 percent of area median gross income’ for ‘any residential unit in the building (of a size comparable to, or smaller than, such unit) is occupied by a new resident whose income exceeds such income limitation’.”
Subsec. (g)(2)(D)(iii) to (v). Pub. L. 115–141, § 103(b)(3), added cls. (iii) to (v).
Subsec. (h)(3)(I). Pub. L. 115–141, § 102(a), amended subpar. (I) generally. Prior to amendment, subpar. (I) related to the increase in State housing credit ceiling for 2008 and 2009.
Subsec. (h)(5)(C)(ii). Pub. L. 115–141, § 401(a)(12), substituted “, and” for “; and”.
Subsec. (i)(3)(D)(ii)(I). Pub. L. 115–141, § 401(a)(13), struck out period at end.
Subsec. (k)(2)(B). Pub. L. 115–141, § 401(a)(11)(C)(i), substituted “(d)(6)(C)” for “(d)(6)(B)” in introductory provisions.
Subsec. (k)(2)(B)(ii). Pub. L. 115–141, § 401(a)(11)(C)(ii), substituted “building.” for “building..”
Subsec. (m)(1)(B)(ii)(III). Pub. L. 115–141, § 401(a)(11)(D), substituted “as defined in subsection (d)(5)(B)(ii)” for “as defined in subsection (d)(5)(C)”.
2017—Subsecs. (e)(3)(D)(ii), (h)(3)(H)(i)(II). Pub. L. 115–97, § 11002(d)(1)(G), substituted “for ‘calendar year 2016’ in subparagraph (A)(ii)” for “for ‘calendar year 1992’ in subparagraph (B)”.
Subsec. (h)(6)(G)(i)(II). Pub. L. 115–97, § 11002(d)(3)(A), substituted “for ‘calendar year 2016’ in subparagraph (A)(ii) thereof” for “for ‘calendar year 1987’ ”.
Subsec. (h)(6)(G)(ii). Pub. L. 115–97, § 11002(d)(3)(B), substituted “if the C-CPI-U for any calendar year (as defined in section 1(f)(6)) exceeds the C-CPI-U for the preceding calendar year by more than 5 percent, the C-CPI-U for the base calendar year shall be increased such that such excess shall never be taken into account under clause (i). In the case of a base calendar year before 2017, the C-CPI-U for such year shall be determined by multiplying the CPI for such year by the amount determined under section 1(f)(3)(B).” for “if the CPI for any calendar year (as defined in section 1(f)(4)) exceeds the CPI for the preceding calendar year by more than 5 percent, the CPI for the base calendar year shall be increased such that such excess shall never be taken into account under clause (i).”
2015—Subsec. (b)(2). Pub. L. 114–113, § 131(b), substituted “Minimum” for “Temporary minimum” in heading.
Subsec. (b)(2)(A). Pub. L. 114–113, § 131(a), struck out “with respect to housing credit dollar amount allocations made before
2014—Subsec. (b)(1). Pub. L. 113–295, § 212(a), substituted “For purposes of this section—” for “For purposes of this section, the term”, inserted subpar. (A) designation and heading, and inserted “The term” at beginning of subpar. (A).
Subsec. (b)(2)(A). Pub. L. 113–295, § 112(a), substituted “
Subsec. (h)(3)(C)(ii)(I). Pub. L. 113–295, § 221(a)(7), struck out “($1.50 for 2001)” after “$1.75”.
2013—Subsec. (b)(2)(A). Pub. L. 112–240 substituted “with respect to housing credit dollar amount allocations made before
2009—Subsec. (i). Pub. L. 111–5 added par. (9).
2008—Subsec. (b). Pub. L. 110–289, § 3002(a), redesignated par. (2) as (1), in heading, substituted “Determination of applicable percentage” for “Buildings placed in service after 1987”, in text, substituted “For purposes of this section, the term ‘applicable percentage’ means, with respect to any building, the appropriate percentage” for “(A)
Subsec. (c)(2). Pub. L. 110–289, § 3004(a), struck out concluding provisions which read as follows: “Such term does not include any building with respect to which moderate rehabilitation assistance is provided, at any time during the compliance period, under section 8(e)(2) of the United States Housing Act of 1937 (other than assistance under the McKinney-Vento Homeless Assistance Act (as in effect on the date of the enactment of this sentence)).”
Subsec. (d)(2)(B)(ii). Pub. L. 110–289, § 3003(g)(1), substituted “the date the building was last placed in service,” for “the later of—
“(I) the date the building was last placed in service, or
“(II) the date of the most recent nonqualified substantial improvement of the building,”.
Subsec. (d)(2)(D). Pub. L. 110–289, § 3003(e), (g)(2), redesignated cls. (ii) and (iii)(II) as (i) and (ii), respectively, in cl. (ii) struck out at end “For purposes of the preceding sentence, in applying section 267(b) or 707(b)(1), ‘10 percent’ shall be substituted for ‘50 percent’.”, and struck out former cls. (i) and (iii)(I) which related to the term “nonqualified substantial improvement” and application of section 179 for purposes of subpar. (B)(i).
Subsec. (d)(4)(C)(ii). Pub. L. 110–289, § 3003(c), substituted “shall not exceed the sum of—” for “shall not exceed 10 percent of the eligible basis of the qualified low-income housing project of which it is a part.” and added subcls. (I) and (II).
Subsec. (d)(5)(A). Pub. L. 110–289, § 3003(d), amended heading and text of subpar. (A) generally. Prior to amendment, text read as follows: “If, during any taxable year of the compliance period, a grant is made with respect to any building or the operation thereof and any portion of such grant is funded with Federal funds (whether or not includible in gross income), the eligible basis of such building for such taxable year and all succeeding taxable years shall be reduced by the portion of such grant which is so funded.”
Subsec. (d)(5)(B), (C). Pub. L. 110–289, § 3003(g)(3), redesignated subpar. (C) as (B) and struck out heading and text of former subpar. (B). Text read as follows: “The eligible basis of any building shall not include any portion of its adjusted basis which is attributable to amounts with respect to which an election is made under section 167(k) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).”
Subsec. (d)(5)(C)(v). Pub. L. 110–289, § 3003(a), added cl. (v).
Subsec. (d)(6). Pub. L. 110–289, § 3003(f), amended par. (6) generally. Prior to amendment, par. (6) consisted of subpars. (A) to (E) relating to general rule for waiver of par. (2)(B)(ii) with respect to any federally-assisted building, definition of “federally-assisted building”, waiver for buildings with low-income occupancy, waiver for buildings acquired from insured depository institutions in default, and definition of “appropriate Federal official”.
Subsec. (e)(3)(A)(ii)(I). Pub. L. 110–289, § 3003(b)(1)(A), substituted “20 percent” for “10 percent”.
Subsec. (e)(3)(A)(ii)(II). Pub. L. 110–289, § 3003(b)(1)(B), substituted “$6,000” for “$3,000”.
Subsec. (e)(3)(D). Pub. L. 110–289, § 3003(b)(2), added subpar. (D).
Subsec. (f)(5)(B)(ii)(II). Pub. L. 110–289, § 3003(b)(3), substituted “if the dollar amount in effect under subsection (e)(3)(A)(ii)(II) were two-thirds of such amount.” for “if subsection (e)(3)(A)(ii)(II) were applied by substituting ‘$2,000’ for ‘$3,000’.”
Subsec. (g)(9). Pub. L. 110–289, § 3004(g), added par. (9).
Subsec. (h)(1)(E)(ii). Pub. L. 110–289, § 3004(b), substituted “(as of the date which is 1 year after the date that the allocation was made)” for “(as of the later of the date which is 6 months after the date that the allocation was made or the close of the calendar year in which the allocation is made)”.
Subsec. (h)(3)(I). Pub. L. 110–289, § 3001, added subpar. (I).
Subsec. (h)(4)(A)(ii). Pub. L. 110–289, § 3007(b), inserted “or such financing is refunded as described in section 146(i)(6)” before period at end.
Subsec. (i)(2)(A). Pub. L. 110–289, § 3002(b)(1), struck out “, or any below market Federal loan,” before “the proceeds of which”.
Subsec. (i)(2)(B). Pub. L. 110–289, § 3002(b)(2)(A), in heading, struck out “balance of loan or” before “proceeds” and in text, struck out “loan or” before “tax-exempt obligation” and substituted “for purposes of subsection (d) the proceeds of such obligation.” for “for purposes of subsection (d)—
“(i) in the case of a loan, the principal amount of such loan, and
“(ii) in the case of a tax-exempt obligation, the proceeds of such obligation.”
Subsec. (i)(2)(C). Pub. L. 110–289, § 3002(b)(2)(B)(i), struck out “or below market Federal loan” after “tax-exempt obligation” in introductory provisions.
Subsec. (i)(2)(C)(i). Pub. L. 110–289, § 3002(b)(2)(B)(ii), substituted “(when issued)” for “or loan (when issued or made)” and “the proceeds of such obligation” for “the proceeds of such obligation or loan”.
Subsec. (i)(2)(C)(ii). Pub. L. 110–289, § 3002(b)(2)(B)(iii), struck out “, and such loan is repaid,” after “redeemed”.
Subsec. (i)(2)(D), (E). Pub. L. 110–289, § 3002(b)(2)(C), struck out subpars. (D) and (E) which related to below market Federal loan and buildings receiving HOME assistance or Native American housing assistance, respectively.
Subsec. (i)(3)(D)(i)(II), (III). Pub. L. 110–289, § 3004(e), added subcl. (II) and redesignated former subcl. (II) as (III).
Subsec. (i)(8). Pub. L. 110–289, § 3004(f), added par. (8).
Subsec. (j)(6). Pub. L. 110–289, § 3004(c), amended par. (6) generally. Prior to amendment, text read as follows: “In the case of a disposition of a building or an interest therein, the taxpayer shall be discharged from liability for any additional tax under this subsection by reason of such disposition if—
“(A) the taxpayer furnishes to the Secretary a bond in an amount satifactory to the Secretary and for the period required by the Secretary, and
“(B) it is reasonably expected that such building will continue to be operated as a qualified low-income building for the remaining compliance period with respect to such building.”
Subsec. (m)(1)(C)(ix), (x). Pub. L. 110–289, § 3004(d), added cls. (ix) and (x).
2007—Subsec. (i)(3)(D)(ii)(I). Pub. L. 110–142 amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: “single parents and their children and such parents and children are not dependents (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of another individual, or”.
2004—Subsec. (d)(2)(D)(iii)(I). Pub. L. 108–311, § 408(a)(3), substituted “section 179(d)(7)” for “section 179(b)(7)”.
Subsec. (i)(3)(D)(ii)(I). Pub. L. 108–311, § 207(8), inserted “, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof” after “section 152”.
2002—Subsec. (h)(3)(C). Pub. L. 107–147, § 417(2), substituted “the amounts described in clauses (ii) through (iv) over the aggregate housing credit dollar amount allocated for such year” for “the amounts described in clauses (ii) and (iii) over the aggregate housing credit dollar amount allocated for such year” in concluding provisions.
Subsec. (m)(1)(B)(ii)(II), (III). Pub. L. 107–147, § 417(3), struck out second “and” at end of subcl. (II) and inserted “and” at end of subcl. (III).
2000—Subsec. (c)(2). Pub. L. 106–400 substituted “McKinney-Vento Homeless Assistance Act” for “Stewart B. McKinney Homeless Assistance Act” in concluding provisions.
Subsec. (d)(4)(A). Pub. L. 106–554, § 1(a)(7) [title I, § 134(a)(1)], substituted “subparagraphs (B) and (C)” for “subparagraph (B)”.
Subsec. (d)(4)(C), (D). Pub. L. 106–554, § 1(a)(7) [title I, § 134(a)(2), (3)], added subpar. (C) and redesignated former subpar. (C) as (D).
Subsec. (d)(5)(C)(ii)(I). Pub. L. 106–554, § 1(a)(7) [title I, § 135(b)], in first sentence, inserted “either” before “in which 50 percent” and “or which has a poverty rate of at least 25 percent” before period at end.
Subsec. (h)(1)(E)(ii). Pub. L. 106–554, § 1(a)(7) [title I, § 135(a)(1)], in first sentence, substituted “(as of the later of the date which is 6 months after the date that the allocation was made or the close of the calendar year in which the allocation” for “(as of the close of the calendar year in which the allocation”.
Subsec. (h)(3)(C). Pub. L. 106–554, § 1(a)(7) [title I, § 136(b)], which directed the substitution of “clauses (i) through (iv)” for “clauses (i) and (iii)” in the first sentence of concluding provisions, could not be executed because the words “clauses (i) and (iii)” did not appear subsequent to the amendment by Pub. L. 106–554, § 1(a)(7) [title I, § 131(c)(1)(B)]. See below.
Pub. L. 106–554, § 1(a)(7) [title I, § 135(a)(2)], in last sentence of concluding provisions, substituted “project which fails to meet the 10 percent test under paragraph (1)(E)(ii) on a date after the close of the calendar year in which the allocation was made or which” for “project which”.
Pub. L. 106–554, § 1(a)(7) [title I, § 131(c)(1)], in first sentence of concluding provisions, substituted “clause (i)” for “clause (ii)” and “clauses (ii)” for “clauses (i)”.
Subsec. (h)(3)(C)(i), (ii). Pub. L. 106–554, § 1(a)(7) [title I, § 131(a)], amended cls. (i) and (ii) generally. Prior to amendment, cls. (i) and (ii) read as follows:
“(i) $1.25 multiplied by the State population,
“(ii) the unused State housing credit ceiling (if any) of such State for the preceding calendar year,”.
Subsec. (h)(3)(D)(ii). Pub. L. 106–554, § 1(a)(7) [title I, § 136(a)], substituted “the excess (if any) of—” for “the excess (if any) of the unused State housing credit ceiling for such year (as defined in subparagraph (C)(i)) over the excess (if any) of—” in introductory provisions, added subcls. (I) and (II), and struck out former subcls. (I) and (II) which read as follows:
“(I) the aggregate housing credit dollar amount allocated for such year, over
“(II) the sum of the amounts described in clauses (ii) and (iii) of subparagraph (C).”
Pub. L. 106–554, § 1(a)(7) [title I, § 131(c)(2)], substituted “subparagraph (C)(i)” for “subparagraph (C)(ii)” in introductory provisions and “clauses (ii)” for “clauses (i)” in subcl. (II).
Subsec. (h)(3)(H). Pub. L. 106–554, § 1(a)(7) [title I, § 131(b)], added subpar. (H).
Subsec. (i)(2)(E). Pub. L. 106–554, § 1(a)(7) [title I, § 134(b)(2)], inserted “or Native American housing assistance” after “HOME assistance” in heading.
Subsec. (i)(2)(E)(i). Pub. L. 106–554, § 1(a)(7) [title I, § 134(b)(1)], inserted “or the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) (as in effect on
Subsec. (i)(3)(B)(iii)(I). Pub. L. 106–400 substituted “McKinney-Vento Homeless Assistance Act” for “Stewart B. McKinney Homeless Assistance Act”.
Subsec. (m)(1)(A)(iii), (iv). Pub. L. 106–554, § 1(a)(7) [title I, § 133(a)], added cls. (iii) and (iv).
Subsec. (m)(1)(B)(ii)(III). Pub. L. 106–554, § 1(a)(7) [title I, § 132(b)], added subcl. (III).
Subsec. (m)(1)(B)(iii). Pub. L. 106–554, § 1(a)(7) [title I, § 133(b)], inserted “and in monitoring for noncompliance with habitability standards through regular site visits” before period at end.
Subsec. (m)(1)(C)(iii). Pub. L. 106–554, § 1(a)(7) [title I, § 132(a)(1)], inserted “, including whether the project includes the use of existing housing as part of a community revitalization plan” before comma at end.
Subsec. (m)(1)(C)(v) to (viii). Pub. L. 106–554, § 1(a)(7) [title I, § 132(a)(2)], added cls. (v) to (viii) and struck out former cls. (v) to (vii) which read as follows:
“(v) participation of local tax-exempt organizations,
“(vi) tenant populations with special housing needs, and
“(vii) public housing waiting lists.”
1998—Subsec. (j)(4)(D). Pub. L. 105–206 substituted “this chapter” for “subpart A, B, D, or G of this part”.
1996—Subsec. (c)(2). Pub. L. 104–188, § 1704(t)(64), struck out “of 1988” after “Homeless Assistance Act”.
Subsec. (d)(5)(B). Pub. L. 104–188, § 1704(t)(53), provided that section 11812(b)(3) of Pub. L. 101–508 shall be applied by not executing the amendment therein to the heading of subsec. (d)(5)(B) of this section. See 1990 Amendment note below.
1993—Subsec. (g)(8). Pub. L. 103–66, § 13142(b)(3), added par. (8).
Subsec. (h)(6)(B)(iv) to (vi). Pub. L. 103–66, § 13142(b)(4), added cl. (iv) and redesignated former cls. (iv) and (v) as (v) and (vi), respectively.
Subsec. (i)(2)(E). Pub. L. 103–66, § 13142(b)(5), added subpar. (E).
Subsec. (i)(3)(D). Pub. L. 103–66, § 13142(b)(2), amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: “A unit shall not fail to be treated as a low-income unit merely because it is occupied by an individual who is—
“(i) a student and receiving assistance under title IV of the Social Security Act, or
“(ii) enrolled in a job training program receiving assistance under the Job Training Partnership Act or under other similar Federal, State, or local laws.”
Subsec. (m)(2)(B)(iv). Pub. L. 103–66, § 13142(b)(1), added cl. (iv).
Subsec. (o). Pub. L. 103–66, § 13142(a)(1), struck out subsec. (o) which provided that subsec. (h)(3)(C)(i) would not apply to any amount allocated after
1991—Subsec. (o)(1). Pub. L. 102–227, § 107(a)(1), struck out “, for any calendar year after 1991” after “paragraph (2)” in introductory provisions, inserted “to any amount allocated after
Subsec. (o)(2). Pub. L. 102–227, § 107(a)(2), substituted “
1990—Subsec. (b)(1). Pub. L. 101–508, § 11701(a)(1)(B), struck out at end “A building shall not be treated as described in subparagraph (B) if, at any time during the credit period, moderate rehabilitation assistance is provided with respect to such building under section 8(e)(2) of the United States Housing Act of 1937.”
Subsec. (c)(2). Pub. L. 101–508, § 11701(a)(1)(A), inserted at end “Such term does not include any building with respect to which moderate rehabilitation assistance is provided, at any time during the compliance period, under section 8(e)(2) of the United States Housing Act of 1937.”
Pub. L. 101–508, § 11407(b)(5)(A), inserted before period at end of last sentence “(other than assistance under the Stewart B. McKinney Homeless Assistance Act of 1988 (as in effect on the date of the enactment of this sentence))”.
Subsec. (d)(2)(D)(i)(I). Pub. L. 101–508, § 11812(b)(3), inserted “(as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990)” after “section 167(k).”
Subsec. (d)(2)(D)(ii)(V). Pub. L. 101–508, § 11407(b)(8), added subcl. (V).
Subsec. (d)(5)(B). Pub. L. 101–508, § 11812(b)(3), which directed the insertion of “(as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990)” after “section 167(k)”, was executed to the text, and not the heading, of subpar. (B). See 1996 Amendment note above.
Subsec. (d)(5)(C)(ii)(I). Pub. L. 101–508, § 11407(b)(4), inserted at end “If the Secretary of Housing and Urban Development determines that sufficient data for any period are not available to apply this clause on the basis of census tracts, such Secretary shall apply this clause for such period on the basis of enumeration districts.”
Pub. L. 101–508, § 11701(a)(2)(B), inserted before period at end “for such year”.
Pub. L. 101–508, § 11701(a)(2)(A), which directed the insertion of “which is designated by the Secretary of Housing and Urban Development and, for the most recent year for which census data are available on household income in such tract,” after “census tract”, was executed by making the insertion after “any census tract” to reflect the probable intent of Congress.
Subsec. (g)(2)(B)(iv). Pub. L. 101–508, § 11407(b)(3), added cl. (iv).
Subsec. (g)(2)(D)(i). Pub. L. 101–508, § 11701(a)(3)(A), inserted before period at end “and such unit continues to be rent-restricted”.
Subsec. (g)(2)(D)(ii). Pub. L. 101–508, § 11701(a)(4), inserted at end “In the case of a project described in section 142(d)(4)(B), the preceding sentence shall be applied by substituting ‘170 percent’ for ‘140 percent’ and by substituting ‘any low-income unit in the building is occupied by a new resident whose income exceeds 40 percent of area median gross income’ for ‘any residential unit in the building (of a size comparable to, or smaller than, such unit) is occupied by a new resident whose income exceeds such income limitation’.”
Subsec. (g)(3)(A). Pub. L. 101–508, § 11701(a)(5)(A), substituted “the 1st year of the credit period for such building” for “the 12-month period beginning on the date the building is placed in service”.
Subsec. (h)(3)(C). Pub. L. 101–508, § 11701(a)(6)(A), substituted “the sum of the amounts described in clauses (i) and (iii)” for “the amount described in clause (i)” in second sentence.
Subsec. (h)(3)(D)(ii)(II). Pub. L. 101–508, § 11701(a)(6)(B), substituted “the sum of the amounts described in clauses (i) and (iii)” for “the amount described in clause (i)”.
Subsec. (h)(5)(B). Pub. L. 101–508, § 11407(b)(9)(A), inserted “own an interest in the project (directly or through a partnership) and” after “nonprofit organization is to”.
Subsec. (h)(5)(C)(i) to (iii). Pub. L. 101–508, § 11407(b)(9)(B), added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsec. (h)(5)(D)(i). Pub. L. 101–508, § 11407(b)(9)(C), inserted “ownership and” before “material participation”.
Subsec. (h)(6)(B)(i). Pub. L. 101–508, § 11701(a)(7)(A), inserted before comma at end “and which prohibits the actions described in subclauses (I) and (II) of subparagraph (E)(ii)”.
Subsec. (h)(6)(B)(ii). Pub. L. 101–508, § 11701(a)(7)(B), substituted “requirement and prohibitions” for “requirement”.
Subsec. (h)(6)(B)(iii) to (v). Pub. L. 101–508, § 11701(a)(8)(A), added cl. (iii) and redesignated former cls. (iii) and (iv) as (iv) and (v), respectively.
Subsec. (h)(6)(E)(i)(I). Pub. L. 101–508, § 11701(a)(9), inserted before comma “unless the Secretary determines that such acquisition is part of an arrangement with the taxpayer a purpose of which is to terminate such period”.
Subsec. (h)(6)(E)(ii)(II). Pub. L. 101–508, § 11701(a)(8)(C), inserted before period at end “not otherwise permitted under this section”.
Subsec. (h)(6)(F). Pub. L. 101–508, § 11701(a)(8)(D), inserted “the nonlow-income portion of the building for fair market value and” before “the low-income portion” in introductory provisions.
Subsec. (h)(6)(J) to (L). Pub. L. 101–508, § 11701(a)(8)(B), redesignated subpars. (K) and (L) as (J) and (K), respectively, and struck out former subpar. (J) which related to sales of less than the low-income portions of a building.
Subsec. (i)(3)(D). Pub. L. 101–508, § 11407(b)(6), substituted “Certain students” for “Students in government-supported job training programs” in heading and amended text generally. Prior to amendment, text read as follows: “A unit shall not fail to be treated as a low-income unit merely because it is occupied by an individual who is enrolled in a job training program receiving assistance under the Job Training Partnership Act or under other similar Federal, State, or local laws.”
Subsec. (i)(7). Pub. L. 101–508, § 11701(a)(10), redesignated par. (8) as (7).
Subsec. (i)(7)(A). Pub. L. 101–508, § 11407(b)(1), substituted “the tenants (in cooperative form or otherwise) or resident management corporation of such building or by a qualified nonprofit organization (as defined in subsection (h)(5)(C)) or government agency” for “the tenants of such building”.
Subsec. (i)(8). Pub. L. 101–508, § 11701(a)(10), redesignated par. (8) as (7).
Subsec. (k)(1). Pub. L. 101–508, § 11813(b)(3)(A), substituted “49(a)(1)” for “46(c)(8)”, “49(a)(2)” for “46(c)(9)”, and “49(b)(1)” for “47(d)(1)”.
Subsec. (k)(2)(A)(ii), (D). Pub. L. 101–508, § 11813(b)(3)(B), substituted “49(a)(1)(D)(iv)(II)” for “46(c)(8)(D)(iv)(II)”.
Subsec. (m)(1)(B)(ii) to (iv). Pub. L. 101–508, § 11407(b)(7)(B), redesignated cls. (iii) and (iv) as (ii) and (iii), respectively, and struck out former cl. (ii) which read as follows: “which gives the highest priority to those projects as to which the highest percentage of the housing credit dollar amount is to be used for project costs other than the cost of intermediaries unless granting such priority would impede the development of projects in hard-to-develop areas,”.
Pub. L. 101–508, § 11407(b)(2), amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: “which provides a procedure that the agency will follow in notifying the Internal Revenue Service of noncompliance with the provisions of this section which such agency becomes aware of.”
Subsec. (m)(2)(B). Pub. L. 101–508, § 11407(b)(7)(A), added cl. (iii) and inserted provision that cl. (iii) not be applied so as to impede the development of projects in hard-to-develop areas.
Subsec. (o)(1). Pub. L. 101–508, § 11407(a)(1)(A), substituted “1991” for “1990” wherever appearing.
Subsec. (o)(2). Pub. L. 101–508, § 11407(a)(1)(B), added par. (2) and struck out former par. (2) which read as follows: “For purposes of paragraph (1)(B), a building shall be treated as placed in service before 1990 if—
“(A) the bonds with respect to such building are issued before 1990,
“(B) such building is constructed, reconstructed, or rehabilitated by the taxpayer,
“(C) more than 10 percent of the reasonably anticipated cost of such construction, reconstruction, or rehabilitation has been incurred as of
“(D) such building is placed in service before
1989—Subsec. (b)(1). Pub. L. 101–239, § 7108(h)(5), inserted at end “A building shall not be treated as described in subparagraph (B) if, at any time during the credit period, moderate rehabilitation assistance is provided with respect to such building under section 8(e)(2) of the United States Housing Act of 1937.”
Subsec. (b)(3)(C). Pub. L. 101–239, § 7108(c)(2), which directed amendment of subpar. (C) by substituting “subsection (h)(7)” for “subsection (h)(6))”, was executed by substituting “subsection (h)(7)” for “subsection (h)(6)”, as the probable intent of Congress.
Subsec. (c)(1)(E). Pub. L. 101–239, § 7108(i)(2), added subpar. (E).
Subsec. (d)(1). Pub. L. 101–239, § 7108(l)(1), inserted “as of the close of the 1st taxable year of the credit period” before period at end.
Subsec. (d)(2)(A). Pub. L. 101–239, § 7108(l)(2), substituted “subparagraph (B), its adjusted basis as of the close of the 1st taxable year of the credit period, and” for “subparagraph (B), the sum of—
“(I) the portion of its adjusted basis attributable to its acquisition cost, plus
“(II) amounts chargeable to capital account and incurred by the taxpayer (before the close of the 1st taxable year of the credit period for such building) for property (or additions or improvements to property) of a character subject to the allowance for depreciation, and”.
Subsec. (d)(2)(B)(iv). Pub. L. 101–239, § 7108(d)(1), added cl. (iv).
Subsec. (d)(2)(C). Pub. L. 101–239, § 7108(l)(3)(A), substituted “Adjusted basis” for “Acquisition cost” in heading and “adjusted basis” for “cost” in text.
Subsec. (d)(5). Pub. L. 101–239, § 7108(l)(3)(B), substituted “Special rules for determining eligible basis” for “Eligible basis determined when building placed in service” in heading.
Subsec. (d)(5)(A). Pub. L. 101–239, § 7108(l)(3)(B), redesignated subpar. (B) as (A) and struck out former subpar. (A) which read as follows: “Except as provided in subparagraphs (B) and (C), the eligible basis of any building for the entire compliance period for such building shall be its eligible basis on the date such building is placed in service (increased, in the case of an existing building which meets the requirements of paragraph (2)(B), by the amounts described in paragraph (2)(A)(i)(II)).”
Subsec. (d)(5)(B). Pub. L. 101–239, § 7108(l)(3)(B), redesignated subpar. (C) as (B). Former subpar. (B) redesignated (A).
Subsec. (d)(5)(C). Pub. L. 101–239, § 7108(l)(3)(B), redesignated subpar. (D) as (C). Former subpar. (C) redesignated (B).
Pub. L. 101–239, § 7811(a)(1), inserted “section” before “167(k)” in heading.
Subsec. (d)(5)(D). Pub. L. 101–239, § 7108(l)(3)(B), redesignated subpar. (D) as (C).
Pub. L. 101–239, § 7108(g), added subpar. (D).
Subsec. (d)(6)(A)(i). Pub. L. 101–239, § 7841(d)(13), substituted “Farmers Home Administration” for “Farmers’ Home Administration”.
Subsec. (d)(6)(C) to (E). Pub. L. 101–239, § 7108(f), added subpars. (C) and (D) and redesignated former subpar. (C) as (E).
Subsec. (d)(7)(A). Pub. L. 101–239, § 7831(c)(6), inserted “(or interest therein)” after “subparagraph (B)” in introductory provisions.
Subsec. (d)(7)(A)(ii). Pub. L. 101–239, § 7841(d)(14), substituted “under subsection (a)” for “under sebsection (a)”.
Subsec. (e)(2)(A). Pub. L. 101–239, § 7841(d)(15), substituted “to capital account” for “to captial account”.
Subsec. (e)(3). Pub. L. 101–239, § 7108(d)(3), substituted “Minimum expenditures to qualify” for “Average of rehabilitation expenditures must be $2,000 or more” in heading, added subpars. (A) and (B), redesignated former subpar. (B) as (C), and struck out former subpar. (A) which read as follows: “Paragraph (1) shall apply to rehabilitation expenditures with respect to any building only if the qualified basis attributable to such expenditures incurred during any 24-month period, when divided by the low-income units in the building, is $2,000 or more.”
Subsec. (e)(5). Pub. L. 101–239, § 7108(l)(3)(C), substituted “subsection (d)(2)(A)(i)” for “subsection (d)(2)(A)(i)(II)”.
Subsec. (f)(4). Pub. L. 101–239, § 7831(c)(4), added par. (4).
Subsec. (f)(5). Pub. L. 101–239, § 7108(d)(2), added par. (5).
Subsec. (g)(2)(A). Pub. L. 101–239, § 7108(e)(2), inserted at end “For purposes of the preceding sentence, the amount of the income limitation under paragraph (1) applicable for any period shall not be less than such limitation applicable for the earliest period the building (which contains the unit) was included in the determination of whether the project is a qualified low-income housing project.”
Pub. L. 101–239, § 7108(e)(1)(B), substituted “the imputed income limitation applicable to such unit” for “the income limitation under paragraph (1) applicable to individuals occupying such unit”.
Subsec. (g)(2)(B). Pub. L. 101–239, § 7108(h)(2), added cl. (iii) and concluding provisions which defined “supportive service”.
Subsec. (g)(2)(C) to (E). Pub. L. 101–239, § 7108(e)(1)(A), added subpars. (C) and (D) and redesignated former subpar. (C) as (E).
Subsec. (g)(3)(D). Pub. L. 101–239, § 7108(m)(3), added subpar. (D).
Subsec. (g)(4). Pub. L. 101–239, § 7108(n)(2), struck out “(other than section 142(d)(4)(B)(iii))” after “in applying such provisions”.
Subsec. (g)(7). Pub. L. 101–239, § 7108(h)(3), added par. (7).
Subsec. (h)(1)(B). Pub. L. 101–239, § 7108(m)(2), substituted “(E), or (F)” for “or (E)”.
Subsec. (h)(1)(F). Pub. L. 101–239, § 7108(m)(1), added subpar. (F).
Subsec. (h)(3)(C) to (G). Pub. L. 101–239, § 7108(b)(1), added subpars. (C) and (D), redesignated former subpars. (D) to (F) as (E) to (G), respectively, and struck out former subpar. (C) which read as follows: “The State housing credit ceiling applicable to any State for any calendar year shall be an amount equal to $1.25 multiplied by the State population.”
Subsec. (h)(4)(B). Pub. L. 101–239, § 7108(j), substituted “50 percent” for “70 percent” in heading and in text.
Subsec. (h)(5)(D)(ii). Pub. L. 101–239, § 7811(a)(2), substituted “clause (i)” for “clause (ii)”.
Subsec. (h)(5)(E). Pub. L. 101–239, § 7108(b)(2)(A), substituted “subparagraph (F)” for “subparagraph (E)”.
Subsec. (h)(6). Pub. L. 101–239, § 7108(c)(1), added par. (6). Former par. (6) redesignated (7).
Subsec. (h)(6)(B) to (E). Pub. L. 101–239, § 7108(b)(2)(B), redesignated subpars. (C) to (E) as (B) to (D), respectively, and struck out former subpar. (B) which provided that the housing credit dollar amount could not be carried over to any other calendar year.
Subsec. (h)(7), (8). Pub. L. 101–239, § 7108(c)(1), redesignated pars. (6) and (7) as (7) and (8), respectively.
Subsec. (i)(2)(D). Pub. L. 101–239, § 7108(k), inserted at end “Such term shall not include any loan which would be a below market Federal loan solely by reason of assistance provided under section 106, 107, or 108 of the Housing and Community Development Act of 1974 (as in effect on the date of the enactment of this sentence).”
Subsec. (i)(3)(B). Pub. L. 101–239, § 7108(i)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “A unit shall not be treated as a low-income unit unless the unit is suitable for occupancy (as determined under regulations prescribed by the Secretary taking into account local health, safety, and building codes) and used other than on a transient basis. For purposes of the preceding sentence, a single-room occupancy unit shall not be treated as used on a transient basis merely because it is rented on a month-by-month basis.”
Pub. L. 101–239, § 7831(c)(1), inserted “(as determined under regulations prescribed by the Secretary taking into account local health, safety, and building codes)” after “suitable for occupancy”.
Pub. L. 101–239, § 7108(h)(1), inserted at end “For purposes of the preceding sentence, a single-room occupancy unit shall not be treated as used on a transient basis merely because it is rented on a month-by-month basis.”
Subsec. (i)(3)(D). Pub. L. 101–239, § 7831(c)(2), added subpar. (D).
Subsec. (i)(3)(E). Pub. L. 101–239, § 7108(h)(4), added subpar. (E).
Subsec. (i)(6). Pub. L. 101–239, § 7831(c)(3), added par. (6).
Subsec. (i)(8). Pub. L. 101–239, § 7108(q), added par. (8).
Subsec. (k)(2)(D). Pub. L. 101–239, § 7108(o), added provision at end relating to the applicability of cl. (ii) to qualified nonprofit organizations not described in section 46(c)(8)(D)(iv)(II) with respect to a building.
Subsec. (l)(1). Pub. L. 101–239, § 7108(p), in introductory provisions, substituted “Following” for “Not later than the 90th day following” and inserted “at such time and” before “in such form”.
Subsec. (m). Pub. L. 101–239, § 7108(o), added subsec. (m). Former subsec. (m) redesignated (n).
Subsec. (m)(4). Pub. L. 101–239, § 7831(c)(5), added par. (4).
Subsec. (n). Pub. L. 101–239, § 7108(o), redesignated subsec. (m) as (n). Former subsec. (n) redesignated (o).
Pub. L. 101–239, § 7108(a)(1), amended subsec. (n) generally. Prior to amendment, subsec. (n) read as follows: “The State housing credit ceiling under subsection (h) shall be zero for any calendar year after 1989 and subsection (h)(4) shall not apply to any building placed in service after 1989.”
Subsec. (o). Pub. L. 101–239, § 7108(o), redesignated subsec. (n) as (o).
1988—Subsec. (b)(2)(A). Pub. L. 100–647, § 1002(l)(1)(A), substituted “for the earlier of—” for “for the month in which such building is placed in service” and added cls. (i) and (ii) and concluding provisions.
Subsec. (b)(2)(C)(ii). Pub. L. 100–647, § 1002(l)(1)(B), substituted “the month applicable under clause (i) or (ii) of subparagraph (A)” for “the month in which the building was placed in service”.
Subsec. (b)(3). Pub. L. 100–647, § 1002(l)(9)(B), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “For treatment of certain rehabilitation expenditures as separate new buildings, see subsection (e).”
Subsec. (c)(2)(A). Pub. L. 100–647, § 1002(l)(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “which at all times during the compliance period with respect to such building is part of a qualified low-income housing project, and”.
Subsec. (d)(2)(D)(ii). Pub. L. 100–647, § 1002(l)(3), substituted “Special rules for certain transfers” for “Special rule for nontaxable exchanges” in heading and amended text generally. Prior to amendment, text read as follows: “For purposes of determining under subparagraph (B)(ii) when a building was last placed in service, there shall not be taken into account any placement in service in connection with the acquisition of the building in a transaction in which the basis of the building in the hands of the person acquiring it is determined in whole or in part by reference to the adjusted basis of such building in the hands of the person from whom aquired [sic].”
Subsec. (d)(3). Pub. L. 100–647, § 1002(l)(4), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The eligible basis of any building shall be reduced by an amount equal to the portion of the adjusted basis of the building which is attributable to residential rental units in the building which are not low-income units and which are above the average quality standard of the low-income units in the building.”
Subsec. (d)(5)(A). Pub. L. 100–647, § 1002(l)(6)(B), substituted “subparagraphs (B) and (C)” for “subparagraph (B)”.
Pub. L. 100–647, § 1002(l)(5), inserted “(increased, in the case of an existing building which meets the requirements of paragraph (2)(B), by the amounts described in paragraph (2)(A)(i)(II))” before period at end.
Subsec. (d)(5)(C). Pub. L. 100–647, § 1002(l)(6)(A), added subpar. (C).
Subsec. (d)(6)(A)(iii). Pub. L. 100–647, § 1002(l)(7), struck out cl. (iii) which related to other circumstances of financial distress.
Subsec. (d)(6)(B)(ii). Pub. L. 100–647, § 1002(l)(8), struck out “of 1934” after “Act”.
Subsec. (f)(1). Pub. L. 100–647, § 1002(l)(2)(B), substituted “beginning with—” for “beginning with” and subpars. (A) and (B) and concluding provisions for “the taxable year in which the building is placed in service or, at the election of the taxpayer, the succeeding taxable year. Such an election, once made, shall be irrevocable.”
Subsec. (f)(3). Pub. L. 100–647, § 1002(l)(9)(A), amended par. (3) generally. Prior to amendment, par. (3) “Special rule where increase in qualified basis after 1st year of credit period” read as follows:
“(A)
“(i) as of the close of any taxable year in the compliance period (after the 1st year of the credit period) the qualified basis of any building exceeds
“(ii) the qualified basis of such building as of the close of the 1st year of the credit period,
the credit allowable under subsection (a) for the taxable year (determined without regard to this paragraph) shall be increased by an amount equal to the product of such excess and the percentage equal to ⅔ of the applicable percentage for such building.
“(B) 1
Subsec. (g)(2)(B)(i). Pub. L. 100–647, § 1002(l)(10), struck out “Federal” after “comparable”.
Subsec. (g)(2)(C). Pub. L. 100–647, § 1002(l)(11), added subpar. (C).
Subsec. (g)(3). Pub. L. 100–647, § 1002(l)(12), amended par. (3) generally, substituting subpars. (A) to (C) for former subpars. (A) and (B).
Subsec. (g)(4). Pub. L. 100–647, § 1002(l)(13), inserted “; except that, in applying such provisions (other than section 142(d)(4)(B)(iii)) for such purposes, the term ‘gross rent’ shall have the meaning given such term by paragraph (2)(B) of this subsection” before period at end.
Subsec. (g)(6). Pub. L. 100–647, § 1002(l)(32), added par. (6).
Subsec. (h)(1). Pub. L. 100–647, § 1002(l)(14)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “No credit shall be allowed by reason of this section for any taxable year with respect to any building in excess of the housing credit dollar amount allocated to such building under this subsection. An allocation shall be taken into account under the preceding sentence only if it occurs not later than the earlier of—
“(A) the 60th day after the close of the taxable year, or
“(B) the close of the calendar year in which such taxable year ends.”
Subsec. (h)(1)(B). Pub. L. 100–647, § 4003(b)(1), substituted “(C), (D), or (E)” for “(C) or (D)”.
Subsec. (h)(1)(E). Pub. L. 100–647, § 4003(a), added subpar. (E).
Subsec. (h)(4)(A). Pub. L. 100–647, § 1002(l)(15), substituted “if—” for “and which is taken into account under section 146” and added cls. (i) and (ii).
Subsec. (h)(5)(D), (E). Pub. L. 100–647, § 1002(l)(16), added subpar. (D) and redesignated former subpar. (D) as (E).
Subsec. (h)(6)(B)(ii). Pub. L. 100–647, § 1002(l)(14)(B), struck out cl. (ii) which read as follows:
“(ii)
Subsec. (h)(6)(D). Pub. L. 100–647, § 1002(l)(17), amended subpar. (D) generally. Prior to amendment, subpar. (D) “Credit allowable determined without regard to averaging convention, etc.” read as follows: “For purposes of this subsection, the credit allowable under subsection (a) with respect to any building shall be determined—
“(i) without regard to paragraphs (2)(A) and (3)(B) of subsection (f), and
“(ii) by applying subsection (f)(3)(A) without regard to ‘the percentage equal to ⅔ of’.”
Subsec. (h)(6)(E). Pub. L. 100–647, § 1002(l)(18), added subpar. (E).
Subsec. (i)(2)(A). Pub. L. 100–647, § 1002(l)(19)(A), inserted “or any prior taxable year” after “such taxable year” and substituted “is or was outstanding” for “is outstanding” and “are or were used” for “are used”.
Subsec. (i)(2)(B). Pub. L. 100–647, § 1002(l)(19)(B), substituted “balance of loan or proceeds of obligations” for “outstanding balance of loan” in heading and amended text generally. Prior to amendment, text read as follows: “A loan shall not be taken into account under subparagraph (A) if the taxpayer elects to exclude an amount equal to the outstanding balance of such loan from the eligible basis of the building for purposes of subsection (d).”
Subsec. (i)(2)(C). Pub. L. 100–647, § 1002(l)(19)(C), added subpar. (C). Former subpar. (C) redesignated (D).
Subsec. (i)(2)(D). Pub. L. 100–647, § 1002(l)(19)(C), (D), redesignated former subpar. (C) as (D) and substituted “this paragraph” for “subparagraph (A)”.
Subsec. (j)(4)(D). Pub. L. 100–647, § 1007(g)(3)(B), substituted “D, or G” for “or D”.
Subsec. (j)(4)(F). Pub. L. 100–647, § 1002(l)(20), added subpar. (F).
Subsec. (j)(5)(B). Pub. L. 100–647, § 4004(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “This paragraph shall apply to any partnership—
“(i) more than ½ the capital interests, and more than ½ the profit interests, in which are owned by a group of 35 or more partners each of whom is a natural person or an estate, and
“(ii) which elects the application of this paragraph.”
Subsec. (j)(5)(B)(i). Pub. L. 100–647, § 1002(l)(21), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “which has 35 or more partners each of whom is a natural person or an estate, and”.
Subsec. (j)(6). Pub. L. 100–647, § 1002(l)(22), inserted “(or interest therein)” after “disposition of building” in heading, and in text inserted “or an interest therein” after “of a building”.
Subsec. (k)(2)(B). Pub. L. 100–647, § 1002(l)(23), inserted before period at end “, except that this subparagraph shall not apply in the case of a federally assisted building described in subsection (d)(6)(B) if—” and cls. (i) and (ii).
Subsec. (l). Pub. L. 100–647, § 1002(l)(24)(B), substituted “Certifications and other reports to Secretary” for “Certifications to Secretary” in heading.
Subsec. (l)(2), (3). Pub. L. 100–647, § 1002(l)(24)(A), added par. (2) and redesignated former par. (2) as (3).
Subsec. (n). Pub. L. 100–647, § 4003(b)(3), amended subsec. (n) generally, substituting a single par. for former pars. (1) and (2).
Subsec. (n)(1). Pub. L. 100–647, § 1002(l)(25), inserted “, and, except for any building described in paragraph (2)(B), subsection (h)(4) shall not apply to any building placed in service after 1989” after “year after 1989”.
1986—Subsec. (k)(1). Pub. L. 99–509 substituted “subparagraphs (D)(ii)(II) and (D)(iv)(I)” for “subparagraph (D)(iv)(I)”.
Pub. L. 116–260, div. EE, title II, § 201(b), “(1) any building which receives an allocation of housing credit dollar amount after “(2) in the case of any building any portion of which is financed with an obligation described in section 42(h)(4)(A), any such building if any such obligation which so finances such building is issued after
Pub. L. 115–141, div. T, § 102(b),
Pub. L. 115–141, div. T, § 103(c),
Amendment by Pub. L. 115–97 applicable to taxable years beginning after
Pub. L. 114–113, div. Q, title I, § 131(c),
Pub. L. 113–295, div. A, title I, § 112(b),
Pub. L. 113–295, div. A, title II, § 212(d),
Amendment by section 221(a)(7) of Pub. L. 113–295 effective
Pub. L. 112–240, title III, § 302(b),
Pub. L. 110–289, div. C, title I, § 3002(c),
Pub. L. 110–289, div. C, title I, § 3003(h), “(1) Except as otherwise provided in paragraph (2), the amendments made by this subsection [probably means this section, amending this section] shall apply to buildings placed in service after the date of the enactment of this Act [“(2) “(A) The amendments made by subsection (b) [amending this section] shall apply to buildings with respect to which housing credit dollar amounts are allocated after the date of the enactment of this Act [“(B) To the extent paragraph (1) of section 42(h) of the Internal Revenue Code of 1986 does not apply to any building by reason of paragraph (4) thereof, the amendments made by subsection (b) [amending this section] shall apply [to] buildings financed with bonds issued pursuant to allocations made after the date of the enactment of this Act [
Pub. L. 110–289, div. C, title I, § 3004(i), “(1) Except as otherwise provided in this subsection, the amendments made by this section [amending this section] shall apply to buildings placed in service after the date of the enactment of this Act [“(2) The amendment made by subsection (c) [amending this section] shall apply to—“(A) interests in buildings disposed [of] after the date of the enactment of this Act [“(B) interests in buildings disposed of on or before such date if—“(i) it is reasonably expected that such building will continue to be operated as a qualified low-income building (within the meaning of section 42 of the Internal Revenue Code of 1986) for the remaining compliance period (within the meaning of such section) with respect to such building, and“(ii) the taxpayer elects the application of this subparagraph with respect to such disposition.“(3) The amendments made by subsection (d) [amending this section] shall apply to allocations made after “(4) The amendments made by subsection (e) [amending this section] shall apply to determinations made after the date of the enactment of this Act [“(5) The amendment made by subsection (f) [amending this section] shall apply to determinations made after the date of the enactment of this Act [“(6) The amendment made by subsection (g) [amending this section] shall apply to buildings placed in service before, on, or after the date of the enactment of this Act [
Pub. L. 110–289, div. C, title I, § 3007(c),
Pub. L. 110–142, § 6(b), “(1) housing credit amounts allocated before, on, or after the date of the enactment of this Act [“(2) buildings placed in service before, on, or after such date to the extent paragraph (1) of section 42(h) of the Internal Revenue Code of 1986 does not apply to any building by reason of paragraph (4) thereof.”
Amendment by section 207(8) of Pub. L. 108–311 applicable to taxable years beginning after
Pub. L. 106–554, § 1(a)(7) [title I, subtitle D, § 131(d)],
Pub. L. 106–554, § 1(a)(7) [title I, subtitle D, § 137], “(1) housing credit dollar amounts allocated after “(2) buildings placed in service after such date to the extent paragraph (1) of section 42(h) of the Internal Revenue Code of 1986 does not apply to any building by reason of paragraph (4) thereof, but only with respect to bonds issued after such date.”
Amendment by Pub. L. 105–206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 105–34, to which such amendment relates, see section 6024 of Pub. L. 105–206, set out as a note under section 1 of this title.
Pub. L. 103–66, title XIII, § 13142(a)(2),
Pub. L. 103–66, title XIII, § 13142(b)(6), “(A) Except as provided in subparagraphs (B) and (C), the amendments made by this subsection [amending this section] shall apply to—“(i) determinations under section 42 of the Internal Revenue Code of 1986 with respect to housing credit dollar amounts allocated from State housing credit ceilings after “(ii) buildings placed in service after “(B) The amendments made by paragraphs (2), (3), and (4) [amending this section] shall take effect on the date of the enactment of this Act [“(C) The amendment made by paragraph (5) [amending this section] shall apply to periods after the date of the enactment of this Act.”
Pub. L. 102–227, title I, § 107(b),
Pub. L. 101–508, title XI, § 11407(a)(3),
Pub. L. 101–508, title XI, § 11407(b)(10), “(A) Except as otherwise provided in this paragraph, the amendments made by this subsection [amending this section] shall apply to—“(i) determinations under section 42 of the Internal Revenue Code of 1986 with respect to housing credit dollar amounts allocated from State housing credit ceilings for calendar years after 1990, or“(ii) buildings placed in service after “(B) The amendments made by paragraphs (1), (6), (8), and (9) [amending this section] shall take effect on the date of the enactment of this Act [“(C) The amendment made by paragraph (2) [amending this section] shall take effect on “(D) The Inspector General of the Department of Housing and Urban Development and the Secretary of the Treasury shall jointly conduct a study of the effectiveness of the amendment made by paragraph (5) [amending this section] in carrying out the purposes of section 42 of the Internal Revenue Code of 1986. The report of such study shall be submitted not later than
Pub. L. 101–508, title XI, § 11701(a)(3)(B), “(i) determinations of qualified basis for taxable years beginning after the date of the enactment of this Act [“(ii) determinations of qualified basis for taxable years beginning on or before such date except that determinations for such taxable years shall be made without regard to any reduction in gross rent after
Pub. L. 101–508, title XI, § 11701(n),
Pub. L. 101–508, title XI, § 11812(c), “(1) Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 56, 167, 168, 312, 381, 404, 460, 642, 1016, 1250, and 7701 of this title] shall apply to property placed in service after the date of the enactment of this Act [“(2) The amendments made by this section shall not apply to any property to which section 168 of the Internal Revenue Code of 1986 does not apply by reason of subsection (f)(5) thereof.“(3) The amendments made by this section shall not apply to rehabilitation expenditures described in section 252(f)(5) of the Tax Reform Act of 1986 [Pub. L. 99–514] (as added by section 1002(l)(31) of the Technical and Miscellaneous Revenue Act of 1988 [see Transitional Rules note below]).”
Amendment by section 11813(b)(3) of Pub. L. 101–508 applicable to property placed in service after
Pub. L. 101–239, title VII, § 7108(r), “(1) Except as otherwise provided in this subsection, the amendments made by this section [amending this section and section 142 of this title] shall apply to determinations under section 42 of the Internal Revenue Code of 1986 with respect to housing credit dollar amounts allocated from State housing credit ceilings for calendar years after 1989.“(2) Except as otherwise provided in this subsection, to the extent paragraph (1) of section 42(h) of such Code does not apply to any building by reason of paragraph (4) thereof, the amendments made by this section shall apply to buildings placed in service after “(3) The amendments made by subsection (b) [amending this section] shall apply to calendar years after 1989, but clauses (ii), (iii), and (iv) of section 42(h)(3)(C) of such Code (as added by this section) shall be applied without regard to allocations for 1989 or any preceding year.“(4) The amendments made by subsection (f) [amending this section] shall take effect on the date of the enactment of this Act [“(5) The amendment made by subsection (p) [amending this section] shall apply to taxable years ending on or after “(6) Paragraphs (1)(D) and (2)(D) of section 42(m) of such Code, as added by this section, shall apply to obligations issued after “(7) The amendments made by the following provisions of this section shall apply as if included in the amendments made by section 252 of the Tax Reform Act of 1986 [Pub. L. 99–514, enacting this section and amending sections 38 and 55 of this title]:“(A) Paragraph (1) of subsection (h) (relating to units rented on a monthly basis) [amending this section].“(B) Subsection (l) (relating to eligible basis for new buildings to include expenditures before close of 1st year of credit period) [amending this section].“(8) Not later than 180 days after the date of the enactment of this Act [“(A) the Secretary of Housing and Urban Development shall publish initial guidance on the designation of difficult development areas under section 42(d)(5)(C) of such Code, as added by this section, and“(B) the Secretary of the Treasury shall publish initial guidance under section 42(j)(6) of such Code (relating to no recapture on disposition of building (or interest therein) where bond posted).”
[Pub. L. 104–188, title I, § 1702(g)(5),
[“(A) Paragraph (11) of section 11701(a) of the Revenue Reconciliation Act of 1990 (and the amendment made by such paragraph) [Pub. L. 101–508, which amended section 7108(r)(2) of Pub. L. 101–239, set out above, by inserting “but only with respect to bonds issued after such date” before the period at the end of such section 7108(r)(2)] are hereby repealed, and section 7108(r)(2) of the Revenue Reconciliation Act of 1989 [Pub. L. 101–239] shall be applied as if such paragraph (and amendment) had never been enacted.
[“(B) Subparagraph (A) shall not apply to any building if the owner of such building establishes to the satisfaction of the Secretary of the Treasury or his delegate that such owner reasonably relied on the amendment made by such paragraph (11).”]
Amendment by section 7811(a) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100–647, to which such amendment relates, see section 7817 of Pub. L. 101–239, set out as a note under section 1 of this title.
Amendment by section 7831(c) of Pub. L. 101–239 effective as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 7831(g) of Pub. L. 101–239, set out as a note under section 1 of this title.
Amendment by sections 1002(l)(1)–(25), (32) and 1007(g)(3)(B) of Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.
Pub. L. 100–647, title IV, § 4003(c),
Pub. L. 100–647, title IV, § 4004(b), “(1) The amendment made by subsection (a) [amending this section] shall take effect as if included in the amendments made by section 252 of the Reform Act [section 252 of Pub. L. 99–514, enacting this section and amending sections 38 and 55 of this title].“(2) The period for electing not to have section 42(j)(5) of the 1986 Code apply to any partnership shall not expire before the date which is 6 months after the date of the enactment of this Act [
Pub. L. 99–509, title VIII, § 8072(b),
Pub. L. 99–514, title II, § 252(e), “(1) The amendments made by this section [enacting this section and amending sections 38 and 55 of this title] shall apply to buildings placed in service after “(2) Subsection (e) of section 42 of the Internal Revenue Code of 1986 (as added by this section) shall apply for purposes of paragraph (1).”
For provisions that nothing in amendment by sections 11812(b)(3) and 11813(b)(3) of Pub. L. 101–508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to
Pub. L. 111–5, div. B, title I, § 1602, “(a) The Secretary of the Treasury shall make a grant to the housing credit agency of each State in an amount equal to such State’s low-income housing grant election amount.“(b) For purposes of this section, the term ‘low-income housing grant election amount’ means, with respect to any State, such amount as the State may elect which does not exceed 85 percent of the product of—“(1) the sum of—“(A) 100 percent of the State housing credit ceiling for 2009 which is attributable to amounts described in clauses (i) and (iii) of section 42(h)(3)(C) of the Internal Revenue Code of 1986, and“(B) 40 percent of the State housing credit ceiling for 2009 which is attributable to amounts described in clauses (ii) and (iv) of such section, multiplied by“(2) 10.“(c) “(1) A State housing credit agency receiving a grant under this section shall use such grant to make subawards to finance the construction or acquisition and rehabilitation of qualified low-income buildings. A subaward under this section may be made to finance a qualified low-income building with or without an allocation under section 42 of the Internal Revenue Code of 1986, except that a State housing credit agency may make subawards to finance qualified low-income buildings without an allocation only if it makes a determination that such use will increase the total funds available to the State to build and rehabilitate affordable housing. In complying with such determination requirement, a State housing credit agency shall establish a process in which applicants that are allocated credits are required to demonstrate good faith efforts to obtain investment commitments for such credits before the agency makes such subawards.“(2) Any such subaward with respect to any qualified low-income building shall be made in the same manner and shall be subject to the same limitations (including rent, income, and use restrictions on such building) as an allocation of housing credit dollar amount allocated by such State housing credit agency under section 42 of the Internal Revenue Code of 1986, except that such subawards shall not be limited by, or otherwise affect (except as provided in subsection (h)(3)(J) of such section [section 42(h)(3) has no subpar. (J)]), the State housing credit ceiling applicable to such agency.“(3) The State housing credit agency shall perform asset management functions to ensure compliance with section 42 of the Internal Revenue Code of 1986 and the long-term viability of buildings funded by any subaward under this section. The State housing credit agency may collect reasonable fees from a subaward recipient to cover expenses associated with the performance of its duties under this paragraph. The State housing credit agency may retain an agent or other private contractor to satisfy the requirements of this paragraph.“(4) The State housing credit agency shall impose conditions or restrictions, including a requirement providing for recapture, on any subaward under this section so as to assure that the building with respect to which such subaward is made remains a qualified low-income building during the compliance period. Any such recapture shall be payable to the Secretary of the Treasury for deposit in the general fund of the Treasury and may be enforced by means of liens or such other methods as the Secretary of the Treasury determines appropriate.“(d) Any grant funds not used to make subawards under this section before “(e) Any term used in this section which is also used in section 42 of the Internal Revenue Code of 1986 shall have the same meaning for purposes of this section as when used in such section 42. Any reference in this section to the Secretary of the Treasury shall be treated as including the Secretary’s delegate.“(f) There is hereby appropriated to the Secretary of the Treasury such sums as may be necessary to carry out this section.”
Pub. L. 103–66, title XIII, § 13142(c), “(1) In the case of a building to which the amendments made by subsection (e)(1) or (n)(2) of section 7108 of the Revenue Reconciliation Act of 1989 [Pub. L. 101–239, amending this section] did not apply, the taxpayer may elect to have such amendments apply to such building if the taxpayer has met the requirements of the procedures described in section 42(m)(1)(B)(iii) of the Internal Revenue Code of 1986.“(2) In the case of the amendment made by such subsection (e)(1), such election shall apply only with respect to tenants first occupying any unit in the building after the date of the election.“(3) In the case of the amendment made by such subsection (n)(2), such election shall apply only if rents of low-income tenants in such building do not increase as a result of such election.“(4) An election under this subsection may be made only during the 180-day period beginning on the date of the enactment of this Act [
Pub. L. 101–508, title XI, § 11407(c), “(1) At the election of an individual, the credit determined under section 42 of the Internal Revenue Code of 1986 for the taxpayer’s first taxable year ending on or after “(2) The aggregate credit allowable to any person under section 42 of such Code with respect to any investment for taxable years after the first taxable year referred to in paragraph (1) shall be reduced on a pro rata basis by the amount of the increased credit allowable by reason of paragraph (1) with respect to such first taxable year. The preceding sentence shall not be construed to affect whether any taxable year is part of the credit, compliance, or extended use periods.“(3) The election under paragraph (1) shall be made at the time and in the manner prescribed by the Secretary of the Treasury or his delegate, and, once made, shall be irrevocable. In the case of a partnership, such election shall be made by the partnership.”
Pub. L. 101–508, title XI, § 11701(a)(5)(B),
Pub. L. 101–239, title VII, § 7108(a)(2),
Pub. L. 99–514, title II, § 252(f), The additional “For calendar year: allocation is: 1987 $3,900,000 1988 $7,600,000 1989 $1,300,000. The housing credit “The code number is: dollar amount is: (i) 49284553664 $16,000 (ii) 4927742022446 $22,000 (iii) 49270742276087 $64,000 (iv) 490270742387293 $48,000 (v) 4927074218234 $32,000 (vi) 49270742274019 $36,000 (vii) 51460742345074 $53,000.“(1) “(A) In the case of a building which is part of a project described in subparagraph (B)—“(i) section 42(c)(2)(B) of the Internal Revenue Code of 1986 (as added by this section) shall not apply,“(ii) such building shall be treated as not federally subsidized for purposes of section 42(b)(1)(A) of such Code,“(iii) the eligible basis of such building shall be treated, for purposes of section 42(h)(4)(A) of such Code, as if it were financed by an obligation the interest on which is exempt from tax under section 103 of such Code and which is taken into account under section 146 of such Code, and“(iv) the amendments made by section 803 [enacting section 263A of this title, amending sections 48, 267, 312, 447, 464, and 471 of this title, and repealing sections 189, 278, and 280 of this title] shall not apply.“(B) A project is described in this subparagraph if—“(i) an urban development action grant application with respect to such project was submitted on “(ii) a zoning commission map amendment related to such project was granted on “(iii) the number assigned to such project by the Federal Housing Administration is 023–36602.“(C) In the case of a building to which subparagraph (A) applies and which is part of a project which meets the requirements of subparagraph (D), for each low-income unit in such building which is occupied by individuals whose income is 30 percent or less of area median gross income, one additional unit (not otherwise a low-income unit) in such building shall be treated as a low-income unit for purposes of such section 42.“(D) A project is described in this subparagraph if—“(i) rents charged for units in such project are restricted by State regulations,“(ii) the annual cash flow of such project is restricted by State law,“(iii) the project is located on land owned by or ground leased from a public housing authority,“(iv) construction of such project begins on or before “(v) for a 20-year period, 20 percent or more of the residential units in such project are occupied by individuals whose income is 50 percent or less of area median gross income.“(E) The maximum present value of additional credits allowable under section 42 of such Code by reason of subparagraph (C) shall not exceed 25 percent of the eligible basis of the building.“(2) “(A) There is hereby allocated to each housing credit agency described in subparagraph (B) an additional housing credit dollar amount determined in accordance with the following table:“(B) The housing credit agencies described in this subparagraph are:“(i) A corporate governmental agency constituted as a public benefit corporation and established in 1971 under the provisions of Article XII of the Private Housing Finance Law of the State.“(ii) A city department established on “(iii) The State housing finance agency referred to in subparagraph (C), but only with respect to projects described in subparagraph (C).“(C) A project is described in this subparagraph if such project is a qualified low-income housing project which—“(i) receives financing from a State housing finance agency from the proceeds of bonds issued pursuant to chapter 708 of the Acts of 1966 of such State pursuant to loan commitments from such agency made between “(ii) is subject to subsidy commitments issued pursuant to a program established under chapter 574 of the Acts of 1983 of such State having award dates from such agency between “(D) “(i) Any building—“(I) which is allocated any housing credit dollar amount by a housing credit agency described in clause (iii) of subparagraph (B), and“(II) which is placed in service after shall be treated for purposes of the amendments made by this section as placed in service on “(ii) Section 42(c)(2)(B) of the Internal Revenue Code of 1986 shall not apply to any building which is allocated any housing credit dollar amount by any agency described in subparagraph (B).“(E) In the case of any building—“(i) which is allocated any housing credit dollar amount by any agency described in subparagraph (B), and“(ii) which after the application of subparagraph (D)(ii) is a qualified low-income building at all times during any taxable year,such building shall be treated as described in section 42(b)(1)(B) of such Code and having an applicable fraction for such year of 1. The preceding sentence shall apply to any building only to the extent of the portion of the additional housing credit dollar amount (allocated to such agency under subparagraph (A)) allocated to such building.“(3) “(A) In the case of a building which is part of a project described in subparagraph (B)—“(i) section 42(c)(2)(B) of such Code shall not apply,“(ii) such building shall be treated as placed in service during the first calendar year after 1986 and before 1990 in which such building is a qualified low-income building (determined after the application of clause (i)), and“(iii) for purposes of section 42(h) of such Code, such building shall be treated as having allocated to it a housing credit dollar amount equal to the dollar amount appearing in the clause of subparagraph (B) in which such building is described.“(B) A project is described in this subparagraph if the code number assigned to such project by the Farmers’ Home Administration appears in the following table:“(C) The adjusted basis of any building to which this paragraph applies for purposes of section 42 of such Code shall be its adjusted basis as of the close of the taxable year ending before the first taxable year of the credit period for such building.“(D) Rules similar to the rules of subparagraph (E) of paragraph (2) shall apply for purposes of this paragraph.“(4) For purposes of this subsection, terms used in such subsection which are also used in section 42 of the Internal Revenue Code of 1986 (as added by this section) shall have the meanings given such terms by such section 42.“(5) In the case of any rehabilitation expenditures incurred with respect to units located in the neighborhood strategy area within the community development block grant program in Ft. Wayne, Indiana—“(A) the amendments made by this section [enacting this section and amending sections 38 and 55 of this title] shall not apply, and“(B) paragraph (1) of section 167(k) of the Internal Revenue Code of 1986, shall be applied as if it did not contain the phrase ‘and before The number of units to which the preceding sentence applies shall not exceed 150.”