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8611                                 Recapture of Low-Income Housing Credit
Form                                                                                                                                           OMB No. 1545-1035
                                                                             Attach to your return.
(Rev. January 2009)
                                                    Note: Complete a separate Form 8611 for each building to                                    Attachment
Department of the Treasury
                                                                                                                                                                  90
                                                                   which recapture applies.                                                     Sequence No.
Internal Revenue Service
A Name(s) shown on return                                                                                                           B    Identifying number


C Address of building (as shown on Form 8609)                                                           D Building identification   E    Date placed in service (from
                                                                                                          number (BIN)                   Form 8609)



F       If building is financed in whole or part with tax-exempt bonds, see instructions and furnish:                               (2) Date of issue
(1) Issuer’s name


(3) Name of issue                                                                                                                   (4) CUSIP number


Note: Skip lines 1–7 and go to line 8 if recapture is passed through from a flow-through entity (partnership, S corporation, estate,
      or trust).

                                                                                                                                    1
    1      Enter total credits reported on Form 8586 in prior years for this building

                                                                                                                                    2
    2      Credits included on line 1 attributable to additions to qualified basis (see instructions)

                                                                                                                                    3
    3      Credits subject to recapture. Subtract line 2 from line 1

                                                                                                                                                              .
                                                                                                                                    4
    4      Credit recapture percentage (see instructions)

                                                                                                                                    5
    5      Accelerated portion of credit. Multiply line 3 by line 4
    6      Percentage decrease in qualified basis. Express as a decimal amount carried out to at least 3 places
                                                                                                                                                              .
                                                                                                                                    6
           (see instructions)

    7      Amount of accelerated portion recaptured (see instructions if prior recapture on building).
           Multiply line 5 by line 6. Section 42(j)(5) partnerships, go to line 16. All other flow-through
           entities (except electing large partnerships), enter the result here and enter each recipient’s
           share in the appropriate box of Schedule K-1. Generally, flow-through entities other than
           electing large partnerships will stop here. (Note: An estate or trust enters on line 8
           only its share of recapture amount attributable to the credit amount reported on its
                                                                                                                                     7
           Form 8586.)

                                                                                                                                     8
    8      Enter recapture amount from flow-through entity (see Note above)

                                                                                                                                     9
    9      Enter the unused portion of the accelerated amount from line 7 (see instructions)

                                                                                                                                    10
10         Net recapture. Subtract line 9 from line 7 or line 8. If less than zero, enter -0-

                                                                                                                                    11
11         Enter interest on the line 10 recapture amount (see instructions)

                                                                                                                                    12
12         Total amount subject to recapture. Add lines 10 and 11
13         Unused credits attributable to this building reduced by the accelerated portion included on
                                                                                                                                    13
           line 9 (see instructions)
14         Recapture tax. Subtract line 13 from line 12. If zero or less, enter -0-. Enter the result here
           and on the appropriate line of your tax return (see instructions). If more than one
           Form 8611 is filed, add the line 14 amounts from all forms and enter the total on the appropriate
                                                                                                                                    14
           line of your return. Electing large partnerships, see instructions
15         Carryforward of the low-income housing credit attributable to this building. Subtract
           line 12 from line 13. If zero or less, enter -0- (see instructions)                                                      15
Only Section 42(j)(5) partnerships need to complete lines 16 and 17.


                                                                                                                                    16
16         Enter interest on the line 7 recapture amount (see instructions)

17         Total recapture. Add lines 7 and 16 (see instructions)                                                                   17
                                                                                                                                                  8611
For Paperwork Reduction Act Notice, see instructions.                                          Cat. No. 63983Q                             Form           (Rev. 1-2009)
2
Form 8611 (Rev. 1-2009)                                                                                                           Page


                                                                                            ● The decrease in qualified basis does
                                                 Building dispositions after July 30,
General Instructions                          2008. Disposing of a building or an           not exceed the additions to qualified
Section references are to the Internal        interest therein will generate a credit       basis for which credits were allowable in
Revenue Code.                                 recapture, unless it is reasonably            years after the year the building was
                                              expected that the building will continue      placed in service;
Purpose of Form                               to be operated as a qualified low-income      ● You correct a noncompliance event
                                              building for the remainder of the
Use this form if you must recapture part                                                    within a reasonable period after it is
                                              building’s compliance period.
of the low-income housing credit you                                                        discovered or should have been
claimed in previous years because the                                                       discovered;
                                                See section 42(j) for more information.
qualified basis decreased from one year
                                                                                            ● The qualified basis is reduced
                                              Note. If the decrease in qualified basis is
to the next or you disposed of a
                                                                                            because of a casualty loss, provided the
                                              because of a change in the amount for
building, or your interest therein, and
                                                                                            property is restored or replaced within a
                                              which you are financially at risk on the
you did not follow the procedures that
                                                                                            reasonable period.
                                              building, then you must first recalculate
would have prevented recapture of the
                                              the amount of credit taken in prior years     Recordkeeping
credit.
                                              under section 42(k) before you calculate
Decrease in qualified basis. The                                                            In order to verify changes in qualified
                                              the recapture amount on this form.
decrease may result from a change in                                                        basis from year to year, keep a copy of
                                                To complete this form you will need
the eligible basis, or the building no                                                      all Forms 8586, 8609, 8609-A (or
                                              copies of the following forms that you
longer meets the minimum set aside                                                          predecessor, Schedule A (Form 8609)),
                                              have filed:
requirements of section 42(g)(1), the                                                       8611, and 8693 for 3 years after the
                                              ● Form 8586, Low-Income Housing
gross rent requirements of section                                                          15-year compliance period ends.
                                              Credit (and Form 3800, General Business
42(g)(2), or the other requirements for
                                                                                            Specific Instructions
                                              Credit, if applicable);
the units which are set aside.
                                              ● Form 8609, Low-Income Housing               Note. If recapture is passed through
Building dispositions. The disposition
                                              Credit Allocation and Certification (or       from a flow-through entity (partnership,
of a building, or an interest therein, will
                                              predecessor, Form 8609, Low-Income            S corporation, estate, or trust), skip lines
generate the recapture of the credit. You
                                              Housing Credit Allocation Certification);     1–7 and go to line 8.
can prevent the recapture if you follow
                                              ● Form 8609-A, Annual Statement for
the procedures below, relative to the                                                       Item F. If the building is financed with
date of the disposition of the building or                                                  tax-exempt bonds, furnish the following
                                              Low-Income Housing Credit (or
the interest therein.                                                                       information: (1) name of the entity that
                                              predecessor, Schedule A (Form 8609),
                                                                                            issued the bond (not the name of the
                                              Annual Statement); and
   Building dispositions before July 31,
                                                                                            entity receiving the benefit of the
                                              ● Form 8611.
2008. Disposing of a building or an
                                                                                            financing); (2) date of issue, generally the
interest therein during the tax year will
                                              Note. Flow-through entities must give         first date there is a physical exchange of
generate a credit recapture, unless you
                                              partners, shareholders, and beneficiaries     the bonds for the purchase price;
timely post a satisfactory bond or pledge
                                              the information that is reported in items     (3) name of the issue, or if not named,
eligible U.S. Treasury securities as
                                              C, D, E, and F of Form 8611.                  other identification of the issue; and
collateral. For details on the rules for
                                                                                            (4) CUSIP number of the bond with the
                                                 Recapture does not apply if:
posting or pledging, see Rev. Rul. 90-60,
                                                                                            latest maturity date. If the issue does not
1990-2 C.B. 3, and Rev. Proc. 99-11,          ● You disposed of the building or an
                                                                                            have a CUSIP number, enter “None.”
1999-1 C.B. 275.                              ownership interest in it and you satisfy
                                                                                            Line 1. Enter the total credits claimed on
                                              the requirements for avoiding recapture
Note. You may discontinue maintaining
                                                                                            the building for all prior years from all
                                              as outlined earlier under Building
a bond or pledging eligible U.S. Treasury
                                                                                            Forms 8586 (before reduction due to the
                                              dispositions;
securities by making the election
                                                                                            tax liability limit) you have filed. Prior to
described in Rev. Proc. 2008-60,              ● You disposed of not more than 331⁄ 3 %
                                                                                            the December 2006 revision of Form
2008-43 I.R.B. 1006, and if it is             in the aggregate of your ownership
                                                                                            8586, the credits (before reduction due
reasonably expected that the building         interest in a building that you held
                                                                                            to the tax liability limit) were reported in
will continue to be operated as a             through a partnership, or you disposed
                                                                                            Part I. Do not include credits taken by a
qualified low-income building for the         of an ownership interest in a building
                                                                                            previous owner.
remainder of the building’s compliance        that you held through a partnership to
period. See Rev. Proc. 2008-60 for the        which section 42(j)(5) applies or through
details on making the election.               an electing large partnership;



Line 2 Worksheet (*Line reference is to Form 8609-A (or predecessor, Schedule A (Form 8609).)
                                                                                                                  a
a   Enter the amount from line 10*
                                                                                                                  b
b   Multiply a by 2
                                                                                                                  c
c   Enter the amount from line 11*
                                                                                                                  d
d   Subtract c from b
e Enter decimal amount figured in step 1 of the instructions for line 14*. If line 14* does not apply to you,
                                                                                                                  e
  enter -0-
                                                                                                                  f
f Multiply d by e
                                                                                                                  g
g Subtract f from d
                                                                                                                  h
h Divide line 16* by line 15*. Enter the result here
i Multiply g by h. Enter this amount on line 2. (If more than one worksheet is completed, add the amounts
                                                                                                                  i
  on i from all worksheets and enter the total on line 2.)
3
Form 8611 (Rev. 1-2009)                                                                                                                                                Page


                                                                                                                       March 31, 2009, use the overpayment
                                                           Line 7. If there was a prior recapture of
Line 2. Determine the amount to enter
                                                                                                                       rate under section 6621(a)(1) in the
                                                           accelerated credits on the building, do
on this line by completing a separate
                                                                                                                       revenue rulings published quarterly in
                                                           not recapture that amount again as the
Line 2 Worksheet (on page 2) for each
                                                                                                                       the Internal Revenue Bulletin.
                                                           result of the current reduction in
prior year for which line 7 of Form
                                                           qualified basis. The example below
8609-A (or predecessor, Schedule A                                                                                     Note. If the line 8 recapture amount is
                                                           demonstrates how to incorporate into
(Form 8609)) was completed.                                                                                            from a section 42(j)(5) partnership, the
                                                           the current (Year 4) recapture the first                    partnership will figure the interest and
Line 4. Enter the credit recapture
                                                           year (Year 1) accelerated portion as a                      include it in the recapture amount
percentage, expressed as a decimal
                                                           result of a prior year (Year 2) recapture                   reported to you. Enter “-0-” on line 11
carried to at least 3 places, from the
                                                           event.                                                      and write “Section 42(j)(5)” to the left of
table below:
                                                                                                                       the entry space for line 11.
                                                           Line 9. Compute the unused portion of
IF the recapture                          THEN
                                                           the accelerated amount on line 7 by:                        Line 13. Subtract the amount on line 9
event occurs                              enter on
                                                                                                                       from the total of all prior year unused
                                                              Step 1. Totaling the credits
in . . .                                  line 4 . . .
                                                                                                                       credits attributable to the building (Step
                                                           attributable to the building that you
                                                                                                                       1 of the line 9 instruction above). Enter
                                                           could not use in prior years.*
Years 2 through 11                               .333
                                                                                                                       the result on line 13.
                                                              Step 2. Reducing the result of step 1
Year 12                                          .267
                                                                                                                       Line 14.
                                                           by any unused credits attributable to
Year 13                                          .200      additions to qualified basis.                               For information
                                                                                                                       on how to report
                                                              Step 3. Multiplying the result of step 2
Year 14                                          .133
                                                                                                                       the recapture tax See the instructions
                                                           by the decimal amount on line 4.
Year 15                                          .067                                                                  on...                for the...
                                                              Step 4. Multiplying the result of step 3
                                                           by the decimal amount on line 6.
Line 6. Enter the percentage decrease in                                                                               Form 1040                  “Total tax” line in the
                                                              Step 5. Enter the result of step 4 on
qualified basis during the current year.                                                                                                          Instructions for Form
                                                           line 9.                                                                                1040
   For this purpose, figure qualified basis
                                                           *Generally, this is the amount of credit reported on
without regard to any additions to
                                                                                                                       Form 1120                  “Other taxes” line in
                                                           line 1 of this Form 8611 reduced by the total
qualified basis after the first year of the
                                                                                                                                                  the Instructions for
                                                           low-income housing credits allowed on Form 8586
credit period. Compare any decrease in
                                                                                                                                                  Form 1120
                                                           or Form 3800 for each year.
qualified basis first to additions to
                                                           Special rule for electing large
qualified basis. Recapture applies only if
                                                           partnerships. Enter zero on line 9. An
the decrease in qualified basis exceeds
                                                                                                                       Special rule for electing large
                                                           electing large partnership is treated as
additions to qualified basis after the first
                                                                                                                       partnerships. Subtract the credit shown
                                                           having fully used all prior year credits.
year of the credit period.
                                                                                                                       on Form 8586 from the total of the line
                                                           Line 11. Compute the interest separately
   If you disposed of the building or an                                                                               14 amounts from all Forms 8611. Enter
                                                           for each prior tax year for which a credit
ownership interest in it and did not                                                                                   the result (but not less than zero) on
                                                           is being recaptured. Interest must be
satisfy the requirements for avoiding                                                                                  Form 1065-B, Part I, line 26.
                                                           computed at the overpayment rate
recapture as outlined earlier under
                                                                                                                       Note. You must also reduce the current
                                                           determined under section 6621(a)(1) and
Building dispositions, you must
                                                                                                                       year low-income housing credit, before
                                                           compounded on a daily basis from the
recapture all of the accelerated portion
                                                                                                                       entering it on Schedules K and K-1, by
                                                           due date (not including extensions) of
shown on line 5. Enter 1.000 on line 6.
                                                                                                                       the amount of the reduction to the total
                                                           the return for the prior year until the
Note. If the decrease causes the                                                                                       of the recapture amounts.
                                                           earlier of (a) the due date (not including
qualified basis to fall below the minimum
                                                           extensions) of the return for the                           Line 15. Carry forward the low-income
set-aside requirements of section
                                                           recapture year, or (b) the date the return                  housing credit attributable to this
42(g)(1) (the 20-50 test or the 40-60
                                                           for the recapture year is filed and any                     building to the next tax year. Report any
test), then 100% of the amount shown
                                                           income tax due for that year has been                       carryforward attributable to buildings
on line 5 must be recaptured. Enter
                                                           fully paid.                                                 placed in service before 2008 on the
1.000 on line 6. If you elected the 40-60
                                                                                                                       carryforward line of Form 3800 for the
                                                              Tables of interest factors to compute
test for this building and the decrease
                                                                                                                       next tax year. Report any carryforward
                                                           daily compound interest were published
causes you to fall below 40%, you
                                                                                                                       attributable to buildings placed in service
                                                           in Rev. Proc. 95-17, 1995-1 C.B. 556.
cannot switch to the 20-50 test to meet
                                                                                                                       after 2007 on the carryforward line of
                                                           The interest rate in effect through March
the set-aside requirements. You must
                                                                                                                       Form 8586 for the next tax year. See the
                                                           31, 2009, is shown in Rev. Rul. 2008-54,
recapture the entire amount shown on
                                                           2008-52 I.R.B. 1352. For periods after
line 5.



 Line 7—Example. $2,700 of accelerated portion of low-income housing credit spread over a 10-year period and not falling
 below the minimum set-asides for the building. Also, there was a 20% reduction in qualified basis in Year 2 and 30% in Year 4.
                                                 Year 1                          Year 2                            Year 3                            Year 4*
                                                                         $216 ($270 × .8 (20%                                                 $189 ($270 × .7 (30%
      Low-income housing                          $270                                                              $270
      credit                                                             reduction in qualified                                               reduction in qualified
                                                                         basis))                                                              basis))

                                                                        $18 ($270 × .333 × .2                                               $9 ($27 ($270 × .333 ×
      Recapture of Year 1
      low-income housing                                                (20% reduction in                                                   .3 (30% reduction in
      credit                                                            qualified basis))                                                   qualified basis) minus
                                                                                                                                            $18 Year 2 recapture))

* You will have to complete the rest of the form to figure the recapture as the result of the current year reduction in basis as it affects the Year 2 and Year 3 credit.
4
Form 8611 (Rev. 1-2009)                                                                                                         Page


instructions for Forms 8586 and 3800 for                                                      The time needed to complete and file
                                             each partner on Schedule K-1 (Form
details on how to report the carryforward                                                  this form will vary depending on
                                             1065) in the same manner as the
of unused credits.                                                                         individual circumstances. The estimated
                                             partnership’s taxable income is allocated
                                                                                           burden for individual taxpayers filing this
                                             to each partner.
Lines 16 and 17. Only section 42(j)(5)
                                                                                           form is approved under OMB control
partnerships complete these lines. This
                                                                                           number 1545-0074 and is included in
                                             Paperwork Reduction Act Notice. We
is a partnership (other than an electing
                                                                                           the estimates shown in the instructions
                                             ask for the information on this form to
large partnership) that has at least 35
                                                                                           for their individual income tax return. The
                                             carry out the Internal Revenue laws of
partners, unless the partnership elects
                                                                                           estimated burden for all other taxpayers
                                             the United States. You are required to
(or has previously elected) not to be
                                                                                           who file this form is shown below.
                                             give us the information. We need it to
treated as a section 42(j)(5) partnership.
                                             ensure that you are complying with
For purposes of this definition, a                                                         Recordkeeping                8 hr., 21 min.
                                             these laws and to allow us to figure and
husband and wife are treated as one
                                                                                           Learning about the
                                             collect the right amount of tax.
partner.
                                                                                           law or the form                        1 hr.
   For purposes of determining the credit       You are not required to provide the
                                                                                           Preparing and sending
recapture amount, a section 42(j)(5)         information requested on a form that is
                                                                                           the form to the IRS          1 hr., 10 min.
partnership is treated as the taxpayer to    subject to the Paperwork Reduction Act
which the low-income housing credit          unless the form displays a valid OMB             If you have comments concerning the
was allowed and as if the amount of          control number. Books or records              accuracy of these time estimates or
credit allowed was the entire amount         relating to a form or its instructions must   suggestions for making this form
allowable under section 42(a).               be retained as long as their contents         simpler, we would be happy to hear
   See the instructions for line 11 to       may become material in the                    from you. You can write to the IRS at
figure the interest on line 16. The          administration of any Internal Revenue        the address listed in the instructions for
partnership must attach Form 8611 to its     law. Generally, tax returns and return        the tax return with which this form is
Form 1065 and allocate this amount to        information are confidential, as required     filed.
                                             by section 6103.

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Form 8611-Recapture of Low-Income Housing Credit

  • 1. 8611 Recapture of Low-Income Housing Credit Form OMB No. 1545-1035 Attach to your return. (Rev. January 2009) Note: Complete a separate Form 8611 for each building to Attachment Department of the Treasury 90 which recapture applies. Sequence No. Internal Revenue Service A Name(s) shown on return B Identifying number C Address of building (as shown on Form 8609) D Building identification E Date placed in service (from number (BIN) Form 8609) F If building is financed in whole or part with tax-exempt bonds, see instructions and furnish: (2) Date of issue (1) Issuer’s name (3) Name of issue (4) CUSIP number Note: Skip lines 1–7 and go to line 8 if recapture is passed through from a flow-through entity (partnership, S corporation, estate, or trust). 1 1 Enter total credits reported on Form 8586 in prior years for this building 2 2 Credits included on line 1 attributable to additions to qualified basis (see instructions) 3 3 Credits subject to recapture. Subtract line 2 from line 1 . 4 4 Credit recapture percentage (see instructions) 5 5 Accelerated portion of credit. Multiply line 3 by line 4 6 Percentage decrease in qualified basis. Express as a decimal amount carried out to at least 3 places . 6 (see instructions) 7 Amount of accelerated portion recaptured (see instructions if prior recapture on building). Multiply line 5 by line 6. Section 42(j)(5) partnerships, go to line 16. All other flow-through entities (except electing large partnerships), enter the result here and enter each recipient’s share in the appropriate box of Schedule K-1. Generally, flow-through entities other than electing large partnerships will stop here. (Note: An estate or trust enters on line 8 only its share of recapture amount attributable to the credit amount reported on its 7 Form 8586.) 8 8 Enter recapture amount from flow-through entity (see Note above) 9 9 Enter the unused portion of the accelerated amount from line 7 (see instructions) 10 10 Net recapture. Subtract line 9 from line 7 or line 8. If less than zero, enter -0- 11 11 Enter interest on the line 10 recapture amount (see instructions) 12 12 Total amount subject to recapture. Add lines 10 and 11 13 Unused credits attributable to this building reduced by the accelerated portion included on 13 line 9 (see instructions) 14 Recapture tax. Subtract line 13 from line 12. If zero or less, enter -0-. Enter the result here and on the appropriate line of your tax return (see instructions). If more than one Form 8611 is filed, add the line 14 amounts from all forms and enter the total on the appropriate 14 line of your return. Electing large partnerships, see instructions 15 Carryforward of the low-income housing credit attributable to this building. Subtract line 12 from line 13. If zero or less, enter -0- (see instructions) 15 Only Section 42(j)(5) partnerships need to complete lines 16 and 17. 16 16 Enter interest on the line 7 recapture amount (see instructions) 17 Total recapture. Add lines 7 and 16 (see instructions) 17 8611 For Paperwork Reduction Act Notice, see instructions. Cat. No. 63983Q Form (Rev. 1-2009)
  • 2. 2 Form 8611 (Rev. 1-2009) Page ● The decrease in qualified basis does Building dispositions after July 30, General Instructions 2008. Disposing of a building or an not exceed the additions to qualified Section references are to the Internal interest therein will generate a credit basis for which credits were allowable in Revenue Code. recapture, unless it is reasonably years after the year the building was expected that the building will continue placed in service; Purpose of Form to be operated as a qualified low-income ● You correct a noncompliance event building for the remainder of the Use this form if you must recapture part within a reasonable period after it is building’s compliance period. of the low-income housing credit you discovered or should have been claimed in previous years because the discovered; See section 42(j) for more information. qualified basis decreased from one year ● The qualified basis is reduced Note. If the decrease in qualified basis is to the next or you disposed of a because of a casualty loss, provided the because of a change in the amount for building, or your interest therein, and property is restored or replaced within a which you are financially at risk on the you did not follow the procedures that reasonable period. building, then you must first recalculate would have prevented recapture of the the amount of credit taken in prior years Recordkeeping credit. under section 42(k) before you calculate Decrease in qualified basis. The In order to verify changes in qualified the recapture amount on this form. decrease may result from a change in basis from year to year, keep a copy of To complete this form you will need the eligible basis, or the building no all Forms 8586, 8609, 8609-A (or copies of the following forms that you longer meets the minimum set aside predecessor, Schedule A (Form 8609)), have filed: requirements of section 42(g)(1), the 8611, and 8693 for 3 years after the ● Form 8586, Low-Income Housing gross rent requirements of section 15-year compliance period ends. Credit (and Form 3800, General Business 42(g)(2), or the other requirements for Specific Instructions Credit, if applicable); the units which are set aside. ● Form 8609, Low-Income Housing Note. If recapture is passed through Building dispositions. The disposition Credit Allocation and Certification (or from a flow-through entity (partnership, of a building, or an interest therein, will predecessor, Form 8609, Low-Income S corporation, estate, or trust), skip lines generate the recapture of the credit. You Housing Credit Allocation Certification); 1–7 and go to line 8. can prevent the recapture if you follow ● Form 8609-A, Annual Statement for the procedures below, relative to the Item F. If the building is financed with date of the disposition of the building or tax-exempt bonds, furnish the following Low-Income Housing Credit (or the interest therein. information: (1) name of the entity that predecessor, Schedule A (Form 8609), issued the bond (not the name of the Annual Statement); and Building dispositions before July 31, entity receiving the benefit of the ● Form 8611. 2008. Disposing of a building or an financing); (2) date of issue, generally the interest therein during the tax year will Note. Flow-through entities must give first date there is a physical exchange of generate a credit recapture, unless you partners, shareholders, and beneficiaries the bonds for the purchase price; timely post a satisfactory bond or pledge the information that is reported in items (3) name of the issue, or if not named, eligible U.S. Treasury securities as C, D, E, and F of Form 8611. other identification of the issue; and collateral. For details on the rules for (4) CUSIP number of the bond with the Recapture does not apply if: posting or pledging, see Rev. Rul. 90-60, latest maturity date. If the issue does not 1990-2 C.B. 3, and Rev. Proc. 99-11, ● You disposed of the building or an have a CUSIP number, enter “None.” 1999-1 C.B. 275. ownership interest in it and you satisfy Line 1. Enter the total credits claimed on the requirements for avoiding recapture Note. You may discontinue maintaining the building for all prior years from all as outlined earlier under Building a bond or pledging eligible U.S. Treasury Forms 8586 (before reduction due to the dispositions; securities by making the election tax liability limit) you have filed. Prior to described in Rev. Proc. 2008-60, ● You disposed of not more than 331⁄ 3 % the December 2006 revision of Form 2008-43 I.R.B. 1006, and if it is in the aggregate of your ownership 8586, the credits (before reduction due reasonably expected that the building interest in a building that you held to the tax liability limit) were reported in will continue to be operated as a through a partnership, or you disposed Part I. Do not include credits taken by a qualified low-income building for the of an ownership interest in a building previous owner. remainder of the building’s compliance that you held through a partnership to period. See Rev. Proc. 2008-60 for the which section 42(j)(5) applies or through details on making the election. an electing large partnership; Line 2 Worksheet (*Line reference is to Form 8609-A (or predecessor, Schedule A (Form 8609).) a a Enter the amount from line 10* b b Multiply a by 2 c c Enter the amount from line 11* d d Subtract c from b e Enter decimal amount figured in step 1 of the instructions for line 14*. If line 14* does not apply to you, e enter -0- f f Multiply d by e g g Subtract f from d h h Divide line 16* by line 15*. Enter the result here i Multiply g by h. Enter this amount on line 2. (If more than one worksheet is completed, add the amounts i on i from all worksheets and enter the total on line 2.)
  • 3. 3 Form 8611 (Rev. 1-2009) Page March 31, 2009, use the overpayment Line 7. If there was a prior recapture of Line 2. Determine the amount to enter rate under section 6621(a)(1) in the accelerated credits on the building, do on this line by completing a separate revenue rulings published quarterly in not recapture that amount again as the Line 2 Worksheet (on page 2) for each the Internal Revenue Bulletin. result of the current reduction in prior year for which line 7 of Form qualified basis. The example below 8609-A (or predecessor, Schedule A Note. If the line 8 recapture amount is demonstrates how to incorporate into (Form 8609)) was completed. from a section 42(j)(5) partnership, the the current (Year 4) recapture the first partnership will figure the interest and Line 4. Enter the credit recapture year (Year 1) accelerated portion as a include it in the recapture amount percentage, expressed as a decimal result of a prior year (Year 2) recapture reported to you. Enter “-0-” on line 11 carried to at least 3 places, from the event. and write “Section 42(j)(5)” to the left of table below: the entry space for line 11. Line 9. Compute the unused portion of IF the recapture THEN the accelerated amount on line 7 by: Line 13. Subtract the amount on line 9 event occurs enter on from the total of all prior year unused Step 1. Totaling the credits in . . . line 4 . . . credits attributable to the building (Step attributable to the building that you 1 of the line 9 instruction above). Enter could not use in prior years.* Years 2 through 11 .333 the result on line 13. Step 2. Reducing the result of step 1 Year 12 .267 Line 14. by any unused credits attributable to Year 13 .200 additions to qualified basis. For information on how to report Step 3. Multiplying the result of step 2 Year 14 .133 the recapture tax See the instructions by the decimal amount on line 4. Year 15 .067 on... for the... Step 4. Multiplying the result of step 3 by the decimal amount on line 6. Line 6. Enter the percentage decrease in Form 1040 “Total tax” line in the Step 5. Enter the result of step 4 on qualified basis during the current year. Instructions for Form line 9. 1040 For this purpose, figure qualified basis *Generally, this is the amount of credit reported on without regard to any additions to Form 1120 “Other taxes” line in line 1 of this Form 8611 reduced by the total qualified basis after the first year of the the Instructions for low-income housing credits allowed on Form 8586 credit period. Compare any decrease in Form 1120 or Form 3800 for each year. qualified basis first to additions to Special rule for electing large qualified basis. Recapture applies only if partnerships. Enter zero on line 9. An the decrease in qualified basis exceeds Special rule for electing large electing large partnership is treated as additions to qualified basis after the first partnerships. Subtract the credit shown having fully used all prior year credits. year of the credit period. on Form 8586 from the total of the line Line 11. Compute the interest separately If you disposed of the building or an 14 amounts from all Forms 8611. Enter for each prior tax year for which a credit ownership interest in it and did not the result (but not less than zero) on is being recaptured. Interest must be satisfy the requirements for avoiding Form 1065-B, Part I, line 26. computed at the overpayment rate recapture as outlined earlier under Note. You must also reduce the current determined under section 6621(a)(1) and Building dispositions, you must year low-income housing credit, before compounded on a daily basis from the recapture all of the accelerated portion entering it on Schedules K and K-1, by due date (not including extensions) of shown on line 5. Enter 1.000 on line 6. the amount of the reduction to the total the return for the prior year until the Note. If the decrease causes the of the recapture amounts. earlier of (a) the due date (not including qualified basis to fall below the minimum extensions) of the return for the Line 15. Carry forward the low-income set-aside requirements of section recapture year, or (b) the date the return housing credit attributable to this 42(g)(1) (the 20-50 test or the 40-60 for the recapture year is filed and any building to the next tax year. Report any test), then 100% of the amount shown income tax due for that year has been carryforward attributable to buildings on line 5 must be recaptured. Enter fully paid. placed in service before 2008 on the 1.000 on line 6. If you elected the 40-60 carryforward line of Form 3800 for the Tables of interest factors to compute test for this building and the decrease next tax year. Report any carryforward daily compound interest were published causes you to fall below 40%, you attributable to buildings placed in service in Rev. Proc. 95-17, 1995-1 C.B. 556. cannot switch to the 20-50 test to meet after 2007 on the carryforward line of The interest rate in effect through March the set-aside requirements. You must Form 8586 for the next tax year. See the 31, 2009, is shown in Rev. Rul. 2008-54, recapture the entire amount shown on 2008-52 I.R.B. 1352. For periods after line 5. Line 7—Example. $2,700 of accelerated portion of low-income housing credit spread over a 10-year period and not falling below the minimum set-asides for the building. Also, there was a 20% reduction in qualified basis in Year 2 and 30% in Year 4. Year 1 Year 2 Year 3 Year 4* $216 ($270 × .8 (20% $189 ($270 × .7 (30% Low-income housing $270 $270 credit reduction in qualified reduction in qualified basis)) basis)) $18 ($270 × .333 × .2 $9 ($27 ($270 × .333 × Recapture of Year 1 low-income housing (20% reduction in .3 (30% reduction in credit qualified basis)) qualified basis) minus $18 Year 2 recapture)) * You will have to complete the rest of the form to figure the recapture as the result of the current year reduction in basis as it affects the Year 2 and Year 3 credit.
  • 4. 4 Form 8611 (Rev. 1-2009) Page instructions for Forms 8586 and 3800 for The time needed to complete and file each partner on Schedule K-1 (Form details on how to report the carryforward this form will vary depending on 1065) in the same manner as the of unused credits. individual circumstances. The estimated partnership’s taxable income is allocated burden for individual taxpayers filing this to each partner. Lines 16 and 17. Only section 42(j)(5) form is approved under OMB control partnerships complete these lines. This number 1545-0074 and is included in Paperwork Reduction Act Notice. We is a partnership (other than an electing the estimates shown in the instructions ask for the information on this form to large partnership) that has at least 35 for their individual income tax return. The carry out the Internal Revenue laws of partners, unless the partnership elects estimated burden for all other taxpayers the United States. You are required to (or has previously elected) not to be who file this form is shown below. give us the information. We need it to treated as a section 42(j)(5) partnership. ensure that you are complying with For purposes of this definition, a Recordkeeping 8 hr., 21 min. these laws and to allow us to figure and husband and wife are treated as one Learning about the collect the right amount of tax. partner. law or the form 1 hr. For purposes of determining the credit You are not required to provide the Preparing and sending recapture amount, a section 42(j)(5) information requested on a form that is the form to the IRS 1 hr., 10 min. partnership is treated as the taxpayer to subject to the Paperwork Reduction Act which the low-income housing credit unless the form displays a valid OMB If you have comments concerning the was allowed and as if the amount of control number. Books or records accuracy of these time estimates or credit allowed was the entire amount relating to a form or its instructions must suggestions for making this form allowable under section 42(a). be retained as long as their contents simpler, we would be happy to hear See the instructions for line 11 to may become material in the from you. You can write to the IRS at figure the interest on line 16. The administration of any Internal Revenue the address listed in the instructions for partnership must attach Form 8611 to its law. Generally, tax returns and return the tax return with which this form is Form 1065 and allocate this amount to information are confidential, as required filed. by section 6103.