Recapture of Low-Income Housing Credit OMB No. 1545-1035 Form 8611 ▶ Attach to your return. (Rev. December 2021) ▶ Go to www.irs.gov/Form8611 for instructions and the latest information. Attachment Department of the Treasury Sequence No. 90 Internal Revenue Service Note: Complete a separate Form 8611 for each building to which recapture applies. 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). However, section 42(j)(5) partnerships must complete lines 1 through 7. 1 Enter total credits reported on Form 8586 in prior years for this building . . . . . . . . . 1 2 Credits included on line 1 attributable to additions to qualified basis (see instructions) . . . . 2 3 Credits subject to recapture. Subtract line 2 from line 1 . . . . . . . . . . . . . . . 3 4 Credit recapture percentage (see instructions) . . . . . . . . . . . . . . . . . . 4 . 5 Accelerated portion of credit. Multiply line 3 by line 4 . . . . . . . . . . . . . . . 5 6 Percentage decrease in qualified basis. Express as a decimal amount carried out to at least 3 places (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . 6 . 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 enter the result here and enter each recipient’s share in the appropriate box of Schedule K-1. Generally, flow-through entities 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 Form 8586.) . . . . . . . 7 8 Enter recapture amount from flow-through entity (see Note above) . . . . . . . . . . . 8 9 Enter the unused portion of the accelerated amount from line 7 (see instructions) . . . . . . 9 10 Net recapture. Subtract line 9 from line 7 or line 8. If less than zero, enter -0- . . . . . . . 10 11 Enter interest on the line 10 recapture amount (see instructions) . . . . . . . . . . . . 11 12 Total amount subject to recapture. Add lines 10 and 11 . . . . . . . . . . . . . . 12 13 Unused credits attributable to this building reduced by the accelerated portion included on line 9 (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 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 line of your return . . . 14 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 Enter interest on the line 7 recapture amount (see instructions) . . . . . . . . . . . . 16 17 Total recapture. Add lines 7 and 16 (see instructions) . . . . . . . . . . . . . . . 17 For Paperwork Reduction Act Notice, see instructions. Cat. No. 63983Q Form 8611 (Rev. 12-2021) |
Form 8611 (Rev. 12-2021) Page 2 General Instructions Note: If the decrease in qualified basis is • The qualified basis is reduced because because of a change in the amount for of a casualty loss, provided the property Section references are to the Internal which you are financially at risk on the is restored or replaced within a Revenue Code. building, then you must first recalculate reasonable period. the amount of credit taken in prior years Future Developments under section 42(k) before you calculate Recordkeeping For the latest information about the recapture amount on this form. In order to verify changes in qualified developments related to Form 8611 and To complete this form you will need basis from year to year, keep a copy of its instructions, such as legislation copies of the following forms that you all Forms 8586, 8609, 8609-A (or enacted after they were published, go to have filed. predecessor, Schedule A (Form 8609)), 8611, and 8693 for 3 years after the www.irs.gov/Form8611. • Form 8586, Low-Income Housing 15-year compliance period ends. Purpose of Form Credit (and Form 3800, General Business Credit, if applicable); Use this form if you must recapture part Specific Instructions of the low-income housing credit you • Form 8609, Low-Income Housing claimed in previous years because the Credit Allocation and Certification (or Note: If recapture is passed through qualified basis decreased from one year predecessor, Form 8609, Low-Income from a flow-through entity (partnership, to the next or you disposed of a building, Housing Credit Allocation Certification); S corporation, estate, or trust), skip lines 1–7 and go to line 8. However, section or your interest therein, and you did not • Form 8609-A, Annual Statement for 42(j)(5) partnerships must complete lines follow the procedures that would have Low-Income Housing Credit (or 1 through 7. prevented recapture of the credit. predecessor, Schedule A (Form 8609), Decrease in qualified basis. The Annual Statement); and Item F. If the building is financed with tax-exempt bonds, furnish the following decrease may result from a change in • Form 8611. information: (1) name of the entity that the eligible basis or the applicable Note: Flow-through entities must give issued the bond (not the name of the fraction. For example, a decrease in partners, shareholders, and beneficiaries entity receiving the benefit of the qualified basis may exist when units are the information that is reported in items financing); (2) date of issue, generally the not occupied by income-qualified C, D, E, and F of Form 8611. first date there is a physical exchange of tenants under section 42(i)(3)(A)(ii), units the bonds for the purchase price; are not rent restricted under section Recapture does not apply if: (3) name of the issue, or if not named, 42(g)(2), units are not suitable for • You disposed of the building or an other identification of the issue; and occupancy as described in section 42(i) ownership interest in it and you satisfy the (4) CUSIP number of the bond with the (3)(B)(ii), or the project no longer meets requirements for avoiding recapture as latest maturity date. If the issue does not the minimum set-aside requirements of outlined earlier under Building dispositions; have a CUSIP number, enter “None.” section 42(g)(1). • You disposed of an ownership interest Line 1. Enter the total credits claimed on Building dispositions. Disposing of a in a building you held through a the building for all prior years from all building or an interest therein will partnership to which section 42(j)(5) Forms 8586 (before reduction due to the generate a credit recapture, unless it is applies; tax liability limit) you have filed. Prior to reasonably expected that the building will the December 2006 revision of Form continue to be operated as a qualified • The decrease in qualified basis does low-income building for the remainder of not exceed the additions to qualified 8586, the credits (before reduction due the building’s compliance period. basis for which credits were allowable in to the tax liability limit) were reported in years after the first year of the credit Part I. Do not include credits taken by a See section 42(j) for more information. period; or previous owner. Line 2 Worksheet (*Line reference is to Form 8609-A (or predecessor, Schedule A (Form 8609)).) a Enter the amount from line 10* . . . . . . . . . . . . . . . . . . . . . . . . . a b Multiply aby 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b c Enter the amount from line 11* . . . . . . . . . . . . . . . . . . . . . . . . . c d Subtract cfrom b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d e Enter decimal amount figured in step of1 the instructions for line 14*. If line 14* does not apply to you, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e f Multiply dby e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f g Subtract ffrom d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g h Divide line 16* by line 15*. Enter the result here . . . . . . . . . . . . . . . . . . . h i Multiply gby .hEnter this amount on line 2. (If more than one worksheet is completed, add the amounts on ifrom all worksheets and enter the total on line 2.) . . . . . . . . . . . . . . . . . i |
Form 8611 (Rev. 12-2021) Page 3 Line 2. Determine the amount to enter Step 3. Multiplying the result of step 2 For purposes of determining the credit on this line by completing a separate by the decimal amount on line 4. recapture amount, a section 42(j)(5) Line 2 Worksheet for each prior year for Step 4. Multiplying the result of step 3 partnership is treated as the taxpayer to which line 7 of Form 8609-A (or by the decimal amount on line 6. which the low-income housing credit predecessor, Schedule A (Form 8609)) was allowed and as if the amount of was completed. Step 5. Enter the result of step 4 on credit allowed was the entire amount line 9. Line 4. Enter the credit recapture allowable under section 42(a). percentage, expressed as a decimal *Generally, this is the amount of credit reported on See the instructions for line 11 to line 1 of this Form 8611 reduced by the total low- carried to at least 3 places, from the income housing credits allowed on Form 8586 or figure the interest on line 16. The table below. Form 3800 for each year. partnership must attach Form 8611 to its Form 1065 and allocate this amount to IF the recapture THEN Line 11. Figure the interest separately each partner on Schedule K-1 (Form event occurs enter on for each prior tax year for which a credit 1065) in the same manner as the in . . . line 4 . . . is being recaptured. Interest must be partnership’s taxable income is allocated figured at the overpayment rate to each partner. Years 2 through 11 . . . . . .333 determined under section 6621(a)(1) and compounded on a daily basis from the Year 12 . . . . . . . . . .267 due date (not including extensions) of the Paperwork Reduction Act Notice. We Year 13 . . . . . . . . . .200 return for the prior year until the earlier of ask for the information on this form to (a) the due date (not including carry out the Internal Revenue laws of Year 14 . . . . . . . . . .133 extensions) of the return for the recapture the United States. You are required to Year 15 . . . . . . . . . .067 year, or (b) the date the return for the give us the information. We need it to recapture year is filed and any income ensure that you are complying with these Line 6. Enter the percentage decrease in tax due for that year has been fully paid. laws and to allow us to figure and collect the right amount of tax. qualified basis during the current year. Tables of interest factors to figure daily You are not required to provide the For this purpose, figure qualified basis compound interest were published in information requested on a form that is without regard to any additions to Rev. Proc. 95-17, 1995-1 C.B. 556. The subject to the Paperwork Reduction Act qualified basis after the first year of the interest rate in effect through December unless the form displays a valid OMB credit period. Compare any decrease in 31, 2019, is shown in Rev. Rul. 2019-21, control number. Books or records qualified basis first to additions to 2019-38 I.R.B. 708. For periods after relating to a form or its instructions must qualified basis. Recapture applies only if December 31, 2019, use the overpayment be retained as long as their contents the decrease in qualified basis exceeds rate under section 6621(a)(1) in the may become material in the additions to qualified basis after the first revenue rulings published quarterly in the administration of any Internal Revenue year of the credit period. Internal Revenue Bulletin. law. Generally, tax returns and return If you disposed of the building or an Note: If the line 8 recapture amount is information are confidential, as required ownership interest in it and did not from a section 42(j)(5) partnership, the by section 6103. satisfy the requirements for avoiding partnership will figure the interest and The time needed to complete and file recapture as outlined earlier under include it in the recapture amount this form will vary depending on Building dispositions, you must reported to you. Enter “-0-” on line 11 individual circumstances. The estimated recapture all of the accelerated portion and write “Section 42(j)(5)” to the left of burden for individual taxpayers filing this shown on line 5. Enter 1.000 on line 6. the entry space for line 11. form is approved under OMB control Note: If the decrease causes the qualified Line 13. Subtract the amount on line 9 number 1545-0074 and is included in the basis to fall below the minimum set-aside from the total of all prior year unused estimates shown in the instructions for requirements of section 42(g)(1) (the credits attributable to the building (Step their individual income tax return. The 20-50 test, the 40-60 test, or the average 1 of the line 9 instruction above). Enter estimated burden for all other taxpayers income test), then 100% of the amount the result on line 13. who file this form is shown below. shown on line 5 must be recaptured. Line 14. Form 1040, 1040-SR, and Recordkeeping . . . . 8 hr., 21 min. Enter 1.000 on line 6. If you elected the 1040-NR filers report the recapture tax Learning about the 40-60 test for this building and the on Schedule 2 (Form 1040), line 16. law or the form . . . . . . . 1 hr. decrease causes you to fall below 40%, Form 1120 filers report the recapture tax you cannot switch to the 20-50 test or on Form 1120, Schedule J, line 9b. Preparing and sending the average income test to meet the set- Line 15.Carry forward the low-income the form to the IRS . . 1 hr., 10 min. aside requirements. You must recapture housing credit attributable to this building If you have comments concerning the the entire amount shown on line 5. to the next tax year. See the Instructions accuracy of these time estimates or Line 7. If there was a prior recapture of for Form 3800 for details on how to suggestions for making this form accelerated credits on the building, do not report the carryforward of unused credits. simpler, we would be happy to hear from recapture that amount again as the result Lines 16 and 17. Only section 42(j)(5) you. You can write to the IRS at the of the current reduction in qualified basis. partnerships complete these lines. This address listed in the instructions for the Line 9. Figure the unused portion of the is a partnership that has at least 35 tax return with which this form is filed. accelerated amount on line 7 by: partners, unless the partnership elects Step 1. Totaling the credits (or has previously elected) not to be attributable to the building that you treated as a section 42(j)(5) partnership. could not use in prior years.* For purposes of this definition, an individual and his or her spouse (and Step 2. Reducing the result of step 1 their estates) are treated as one partner. by any unused credits attributable to additions to qualified basis. |