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Form 8329 (Rev. 10-2012) Page 2
General Instructions Aggregate amount. The aggregate amount (the Additional Entries
certified indebtedness times the certificate credit
Section references are to the Internal Revenue Code rate for each MCC, totaled for all mortgage credit If the lender must report on more than 5 mortgage
unless otherwise noted. certificates issued under a single MCC program), credit certificates, it should report these additional
may not exceed 25% of the nonissued bond certificates on an attached statement formatted like
Any person who makes a loan that is a “certified amount for which the election not to issue bonds Form 8329.
indebtedness amount” on any mortgage credit was made. See section 25(d)(2). Instead of formatting its own statement, the lender
certificate (MCC) must maintain books and records may use one Form 8329 as a transmittal document
of the activity and file Form 8329. (See Temporary Certified indebtedness amount. The certified
Regulations section 1.25-8T(a).) indebtedness amount is the amount of indebtedness and use additional Forms 8329 as statements. In
specified in the MCC and incurred by a taxpayer: such a case, draw an “X” across the 5 lines of Parts
A separate Form 8329 must be filed for each III and IV of the Form 8329 used as a transmitting
issue of MCCs for which the lender made mortgage a. To acquire his or her principal residence, document. Complete the remainder of this Form
loans during the calendar year. Each issue of MCCs b. To make qualified home improvements on that 8329, making certain that all mortgage credit
corresponds to the MCC program relating to the residence, or certificate amounts reported in all the statements in
nonissued bond amount that was the subject of the c. To make a qualified rehabilitation of that Part IV, column (g) are totaled for line 6 of the
election made on the election date. Both the residence. transmittal document. Sign only the transmittal Form
nonissued bond amount and the election date are to 8329 and indicate in the top margin the number of
be provided in Part II of this Form 8329. Certificate credit rate. The certificate credit rate is Forms 8329 attached to this Form 8329.
the rate specified by the issuer on the MCC.
Future Developments However, the rate cannot be less than 10% nor On the attached Forms 8329, show the lender’s
For the latest information about developments more than 50%. For other limitations, see name and employer identification number in Part I
related to Form 8329 and its instructions, such as Temporary Regulations section 1.25-2T(b). and enter mortgage credit certificate information on
the 5 lines of Parts III and IV.
legislation enacted after they were published, go to
www.irs.gov/form8329. Specific Instructions Signature
Purpose of Form Part I. Reporting Authority Form 8329 must be signed by an authorized
representative of the lender.
Form 8329 is used by lenders of certified Provide information about the mortgage lender.
indebtedness amounts to provide the IRS with Paid Preparer Use Only
information regarding the issuance of MCCs under Part II. Issuing Authority
Anyone who prepares the return but does not
section 25. Provide information about the mortgage credit charge the organization should not sign the return.
The MCC must be issued under a program that certificate issuer. Certain others who prepare the return should not
meets the residence requirements of section 143(c). Election date. Enter the date the issuing authority sign. For example, a regular, full-time employee of
Under these requirements, the residence must: (1) elected to issue MCCs in lieu of qualified mortgage the lender, such as a clerk, secretary, etc., should
be a single-family residence that can reasonably be bonds for the MCC program that included the not sign.
expected to become the principal residence of the amounts listed in Part IV, column (e). Generally, anyone who is paid to prepare a return
mortgagor within a reasonable time after the Nonissued bond amount. Enter the total amount of must sign it and fill in the other blanks in the Paid
financing is provided, and (2) be located in the qualified mortgage bonds (as defined in section Preparer Use Only area of the return. A paid preparer
jurisdiction of the authority issuing the certificate. 143(a)(1) and the related regulations) that the issuer cannot use a social security number in the paid Paid
See section 25(c)(2) for additional requirements. has authority to issue but elected instead on the Preparer Use Only box. The paid preparer must use
Who Must File election date to convert into authority to issue a preparer tax identification number (PTIN). If the
MCCs. paid preparer is self-employed, the preparer should
Any person who makes a loan that is a certified enter his or her address in the box. The paid
indebtedness amount on any MCC must file Form Part III. Recipients of Mortgage preparer must:
8329. Credit Certificates • Sign the return in the space provided for the
When To File Column (a). Enter the name(s) of the MCC holder(s) preparer’s signature,
File Form 8329 by January 31 following the close of to whom the lender made certified indebtedness • Enter the preparer information, and
the calendar year in which the lender made certified loan(s) during the calendar year. If an MCC lists • Give a copy of the return to the lender.
indebtedness loans. more than one holder, enter all of the holders on
one line. Paperwork Reduction Act Notice. We ask for the
The IRS may grant an extension of time to file Column (b). Enter the number and street, city, state, information on this form to carry out the Internal
Form 8329 if there is reasonable cause for not filing and ZIP code of the property for which the MCC Revenue laws of the United States. You are required
on time. was issued. Do not use a P.O. box number. to give us the information. We need it to ensure that
Where To File Column (c). Enter the social security number(s) of you are complying with these laws.
File Form 8329 with the Department of the Treasury, the holder(s) listed on the MCC. You are not required to provide the information
requested on a form that is subject to the
Internal Revenue Service Center, Ogden, UT 84201. Part IV. Computation of the Total Paperwork Reduction Act unless the form displays a
Penalty Amount of Mortgage Credit valid OMB control number. Books or records
Any person required to file Form 8329 may be Certificates relating to a form or its instructions must be retained
as long as their contents may become material in
subject to a $200 penalty for each form that is not Column (d). Enter the date the issuing authority the administration of any Internal Revenue law.
filed by the due date. The maximum penalty is issued the certificate for the amount included in Generally, tax returns and return information are
$2,000. column (e). Do not give the date the loan was made confidential, as required by section 6103.
nor the date when any preliminary approval to issue
Definitions an MCC was given by the issuer. The time needed to complete and file this form
will vary depending on individual circumstances. The
Mortgage Credit Certificate. A mortgage credit If the loan is for a reissued MCC as permitted by estimated average time is:
certificate is a certificate issued under a “qualified the regulations, the date of the reissued certificate Recordkeeping . . . . . . 3 hr., 35 min.
mortgage credit certificate program” by the state or should be given, preceded by the word “Reissued.”
political subdivision having the authority to issue For example, “Reissued, July 25, 2008.” Learning about the
qualified mortgage bonds to provide financing for Column (f). Enter the certificate credit rate for each law or the form . . . . . . 1 hr., 5 min.
the acquisition, qualified rehabilitation, or qualified MCC. Preparing and sending
home improvement of a taxpayer’s principal the form to the IRS . . . . . 1 hr., 12 min.
residence. For more information, see section 25(c)(1). Column (g). For each certificate amount listed in
Qualified mortgage credit certificate program. A column (e), multiply by the certificate credit rate If you have comments concerning the accuracy of
qualified mortgage credit certificate program is a associated with that certificate shown in column (f). these time estimates or suggestions for making this
form simpler, we would be happy to hear from you.
program established for any calendar year by a Line 6. This is the aggregate amount of MCCs You can write to the Internal Revenue Service, Tax
state or political subdivision that is authorized to issued (Part IV, column (g)) in connection with the Products Coordinating Committee,
issue qualified mortgage bonds under section 143 lender’s loans relating to the issuer’s MCC program SE:W:CAR:MP:T:M:S, 1111 Constitution Ave. NW,
(and for which there has been an appropriate for the calendar year. The total should reflect all of IR-6526, Washington, DC 20224. Do not send the
allocation of state volume cap for that calendar the MCCs described on the lender’s Form 8329, form to this address. Instead, see Where To File on
year under section 146) but elected instead to including any attachments, for the MCC program for this page.
issue mortgage credit certificates. (See section the calendar year.
25(c)(2) for additional requirements.)
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