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Program guidance for affordable housing: recently released IRS guidance documents regarding tax credits for communities help clarify nebulous areas of the tax code, including the safe harbor procedure, recertification waivers and leasing vacant units.

Units, August, 2005 by Carnahan, Brian

The Internal Revenue Service (IRS) recently issued several rulings that offer guidance to the owners, developers and managers of tax-credit communities. The guidance documents include one revenue ruling and two revenue procedures. A revenue ruling usually addresses a particular question or questions about an aspect of the Internal Revenue Code and applies to the program as a whole. A revenue procedure usually defines how an owner or state housing agency should implement a facet of the program.

Safe Harbor Procedure

Revenue Procedure 2003-82 is often referred to as the "safe harbor" procedure. It outlined for owners a safe harbor they could use to ensure credits were not lost as a result of over-income residents being in place at the start of the first...

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