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New IRS Final Rule, Revenue Procedure, and Notice for Section 42/LIHTC properties

The IRS released a final rule, a revenue procedure, and a notice that are related to the operation, oversight, and reporting for the Section 42/LIHTC program.


First, IRS published its final rule for Section 42 Qualified Contract Provisions. The final rule provides guidance concerning taxpayers’ (i.e. owners’) requests to housing credit agencies to obtain a qualified contract (as defined in section 42(h)(6)(F) of the Internal Revenue Code) for the acquisition of a low-income housing credit building.  The regulations will affect owners requesting a qualified contract, potential buyers, and low-income housing credit agencies responsible for the administration of the low-income housing credit program.  The final rule is effective today, May 3, 2012.


A copy of the final rule may be found here:




Second, IRS has issued Revenue Procedure (RP) 2012-27.  The RP provides the manner under § 42(j)(6)(B)(i) of the Internal Revenue Code by which a taxpayer may notify the Internal Revenue Service of any increase in tax resulting from a reduction in the qualified basis of a low-income housing tax credit building in order to begin the 3-year statutory period for assessing a deficiency with respect to that taxpayer.


A copy of RP 2012-27 may be found here:


Finally, the IRS has released Notice 2012-34.  The notice delays the proposed effective dates for reporting for debt instruments and options by brokers and others from January 1, 2013, to January 1, 2014.


A copy of Notice 2012-34 may be found here:

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