Federal Annual Low-Income Housing Credit Agencies Report

Annual Low-Income Housing Credit Agencies Report
2022 Form 8610
Form

8610

Annual Low-Income Housing Credit Agencies Report

OMB No. 1545-0990

(under section 42(l)(3) of the Internal Revenue Code)

Department of the Treasury
Internal Revenue Service

2022

Go to www.irs.gov/Form8610 for the latest information.

Employer identification number of agency

Name of housing credit agency
Address of housing credit agency

Check box if amended report
FOR IRS USE ONLY

Part I
1

Reconciliation of Attached Forms and Schedules

Enter the number of attached Forms 8609 used to allocate
credit in 2022 . . . . . . . . . . . . . . . .
Enter the number of attached Forms 8609 for credits allocated
prior to 2022 . . . . . . . . . . . . . . . . .
Enter the number of attached Forms 8609 for credits attributable
under section 42(h)(4) to projects financed by tax-exempt bonds
Enter the total dollar amount of credits attributable to projects
financed by tax-exempt bonds as described on line 3 above
$

2
3
4

5

Enter the number of attached Schedules A (Form 8610) reporting
2022 carryover allocations . . . . . . . . . . . .
Total number of attached forms and schedules. Add lines 1,
2, 3, and 5 . . . . . . . . . . . . . . . . .

6

Part II
7a

b
c
d
e
f
g
h
8a

b
c
9
10
11
12

1
2
3

5
6

Reconciliation of Credit Ceilings and Allocations (see instructions)

Housing credit dollar amounts allocated to buildings in qualified disaster zones:
Enter housing credit dollar amounts allocated due to additional state housing credit authority. See
instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enter the larger of $2.60 multiplied by the state’s population or $2,975,000 . . . . . . . . .
Enter the amount of credit ceiling returned in 2022 from allocations prior to 2022. See instructions .
Enter the amount (if any) allocated to the state from the 2022 National Pool . . . . . . . . .
Add lines 7a through 7d . . . . . . . . . . . . . . . . . . . . . . . . . .
Enter the unused state housing credit ceiling (if any) from the 2021 Form 8610, line 11 . . . . .
Total state housing credit ceiling for 2022. Add lines 7e and 7f . . . . . . . . . . . .
Enter the total amount included on line 7g that was allocated during 2022 to qualified nonprofit
organizations under section 42(h)(5). See instructions $
Enter the total dollar amount of credits from Forms 8609, identified on line 1
above, used to allocate credit in 2022 where the year of allocation and the
placed-in-service year are the same . . . . . . . . . . . . . .
8a
Enter the total dollar amount of credits from Schedules A (Form 8610), line 5 .
8b
Total credits allocated during 2022. Add lines 8a and 8b. (Total can’t exceed line 7g.) . . . . .
Enter the smaller of line 7f or line 8c . . . . . . . . . . . . . . . . . . . . . .
Subtract line 9 from line 8c . . . . . . . . . . . . . . . . . . . . . . . . .
State’s unused housing credit ceiling carryover to 2023. Subtract line 10 from line 7e. If zero or
less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unused 2021 carryover assigned to the 2023 National Pool. Subtract line 9 from line 7f . . . .

Part III

7a
7b
7c
7d
7e
7f
7g

8c
9
10
11
12

Compliance With Low-Income Housing Requirements (see instructions)

13

Does the state’s qualified allocation plan in effect for 2022 include compliance monitoring procedures as
required in section 42(m)(1)(B)(iii) and Regulations section 1.42-5(a)(2), including monitoring for habitability
standards through regular site visits? (If “No,” attach an explanation.) . . . . . . . . . . . . .

Yes

No

14

Has the housing credit agency, for 2022 (or its most recent 12-month operating period), complied with all
applicable requirements under the compliance monitoring procedures in its qualified allocation plan? (If “No,”
attach an explanation.) . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Yes

No

15

Has the housing credit agency, for 2022 (or its most recent 12-month operating period), complied with
the requirements of its monitoring procedures to fulfill its notification of noncompliance responsibilities under
Regulations section 1.42-5(e)? (If “No,” attach an explanation.) . . . . . . . . . . . . . . .

Yes

No

Under penalties of perjury, I declare that I have examined this report and accompanying forms, schedules, binding agreements, and election statements, and other
attachments, and to the best of my knowledge and belief, they are true, correct, and complete.

Signature of Authorizing Official

For Paperwork Reduction Act Notice, see instructions.

Print Name and Title
Cat. No. 63982F

Date
Form 8610 (2022)

Page 2

Form 8610 (2022)

General Instructions
Section references are to the Internal Revenue Code unless
otherwise noted.

Future Developments
For the latest information about developments related to Form 8610
and its instructions, such as legislation enacted after they were
published, go to www.irs.gov/Form8610.

What’s New
The population component of the state housing credit ceiling for
2022 is the greater of $2.60 times the state’s population or
$2,975,000.

Purpose of Form
Housing credit agencies use Form 8610 to transmit Forms 8609,
Low-Income Housing Credit Allocation and Certification, and
Schedules A (Form 8610) to the IRS. Form 8610 is also used to
report the dollar amount of housing credits allocated during the
calendar year. The housing credit agency must not allocate more
credits than it is authorized to allocate during the calendar year.
Generally, the state housing credit ceiling for 2022 for any state is
the sum of:
1. The larger of $2,975,000 or $2.60 multiplied by the state’s
population;
2. The amount of state housing credit ceiling returned in 2022
from allocations made prior to 2022;
3. The amount, if any, allocated to the state from the National
Pool; plus
4. The unused state housing credit ceiling, if any, for 2021.
See Regulations section 1.42-14 for more information.
Credit ceiling increases. For 2022, the housing credit ceiling for
eleven states and Puerto Rico is increased to the extent of the
aggregate housing credit dollar amount allocated by a state’s
housing credit agency to buildings located in a qualified disaster
zone. Any increase is limited to the lesser of $3.50 multiplied by the
state’s 2020 population residing in qualified disaster zones in the
state, or 65% of the state’s 2020 credit ceiling reduced by the
amount of any increase with respect to such state for 2021. See the
instructions under Line 7a, later.
Note: The Consolidated Appropriations Act of 2021 (P.L. 116-260)
defines a qualified disaster zone as that portion of any qualified
disaster area which was determined by the President, during the
period beginning on January 1, 2020, and ending on
the date which is 60 days after the date of the enactment of this
Act (February 25, 2021), to warrant individual or individual and
public assistance from the federal government under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act by
reason of the qualified disaster with respect to such disaster area.
COVID-19 related disasters are not included in this definition.

If a housing credit agency has granted any project relief for
carryover allocations discussed in section 6 of Rev. Proc. 2014-49,
2014-37 I.R.B. 535, the agency must attach to Form 8610 a copy of
Schedule A (Form 8610) for each project for which it has approved
relief. The attached copy of Schedule A (Form 8610) must have the
box checked that indicates the housing credit agency granted
carryover allocation relief under Rev. Proc. 2014-49. The housing
credit agency should only include Schedules A (Form 8610) for
projects receiving approval of the carryover allocation relief since
the agency last filed Form 8610. The information from these
particular Schedules A (Form 8610) isn’t included on any line in Part
I or Part II of Form 8610.
If a housing credit agency has granted any project relief to toll the
beginning of the first year of the credit period as discussed in
section 10 of Rev. Proc. 2014-49, the agency must attach to the
Form 8610 filed for the calendar year in which the President
declared the area a major disaster area a statement containing the
following information: (1) the name, address, and TIN of the building
owner; (2) the address of the building; (3) the building identification
number (BIN); and (4) the agency-approved first year of the credit
period. The statement should be labeled “Relief Under Section 10 of
Rev. Proc. 2014-49.” The statement should be signed by an
agency-authorized official and a copy of the statement should be
provided to the building owner.

When To File
File the 2022 Form 8610 with accompanying Forms 8609 (with only
Part I completed) and Schedules A (Form 8610) by February 28,
2023.

Where To File
Send Form 8610 and attached forms and schedules to:
Department of the Treasury
Internal Revenue Service Center
Philadelphia, PA 19255-0549

Penalty
The $100 penalty under section 6652(j) applies to any failure to file
Form 8610 when due.

Specific Instructions
Note: The primary housing credit agency may rely on information
provided by any constitutional home rule city or local housing credit
agency under Temporary Regulations section 1.42-1T(c)(3) or (4).
To ensure that Form 8610 is correctly processed, attach all forms
and schedules to Form 8610 in the following order.
1. Forms 8609.
2. Schedules A (Form 8610), not including those for projects
approved for carryover allocation relief under Rev. Proc. 2014-49.
3. Schedules A (Form 8610) for projects approved for carryover
allocation relief under Rev. Proc. 2014-49.

Who Must File

Amended Report

Any housing credit agency authorized to make an allocation of the
credit (even if no credit is actually allocated) on a Form 8609 or
carryover allocation reported on a Schedule A (Form 8610) to an
owner of a qualified low-income building during the calendar year
must complete and file Form 8610. In states with multiple housing
credit agencies (including states with constitutional home rule
cities), the agencies must coordinate and file one Form 8610.

If this is an amended Form 8610, check the “amended report” box.
Use the same version of the form that was originally filed (for
example, a 2022 Form 8610 to amend the 2022 report, a 2021 Form
8610 to amend the 2021 report, etc.).
Complete only those lines that are being amended by entering the
correct information. Attach any additional documentation necessary
to explain why an amended Form 8610 is being filed.

Page 3

Form 8610 (2022)

Part I

Line 7h

Line 1

Not more than 90% of the line 7g amount is allowed to be allocated
to projects other than qualified low-income housing projects
described in section 42(h)(5)(B).

Enter the total number of Forms 8609 attached to this Form 8610
that were used to allocate credit during 2022. Don’t include Forms
8609 issued to taxpayers that reflect credit allocations made prior
to 2022 on section 42(h)(1)(E) or 42(h)(1)(F) carryover allocation
documents.

Line 2
Enter the total number of Forms 8609 attached to this Form 8610
for credit allocations made prior to 2022 on section 42(h)(1)(E) or
42(h)(1)(F) carryover allocation documents.

Enter the sum of the following amounts.
• Any amount reported on line 1b of an attached Form 8609 with
box 6f checked.
• Any amount reported on line 5 of an attached Schedule A (Form
8610) with question 3b answered “Yes.”

Lines 8a and 8b

Line 3

Enter on the applicable line the dollar amount actually allocated
during 2022. Don’t include the following.

Enter the total number of Forms 8609 attached to this Form 8610
for credits attributable to projects financed by tax-exempt bonds
subject to the volume cap under section 42(h)(4).

• Credits allowed to tax-exempt bond financed projects under
section 42(h)(4). These credits don’t count against the total state
housing ceiling authorized on line 7g.

Part II

• Amounts allocated and returned during the year, unless such
amounts are reallocated by the close of the year.

Line 7a
If applicable, enter the aggregate housing credit dollar amount
allocated by the state’s housing credit agency to buildings located
in a qualified disaster zone.
For 2022, this amount is limited to the lesser of $3.50 multiplied
by the state’s 2020 population residing in qualified disaster zones in
the state, or 65% of the state’s 2020 credit ceiling. For 2022, this
amount is further limited by any amount allocated in 2021 by the
state’s housing credit agency to buildings located in a qualified
disaster zone. See Notice 2021-45, 2021-31 I.R.B. 170, for state
populations residing in qualified disaster zones.
Note: Based on the presidentially declared disaster areas (other
than COVID-19) that occurred during the designated time frame,
additional housing credit authority was provided to eleven states
(Alabama, California, Florida, Iowa, Louisiana, Michigan, Mississippi,
Oregon, South Carolina, Tennessee, and Utah) and Puerto Rico.

Line 7b
A state’s population is determined according to section 146(j). See
Notice 2022-12, 2022-12 I.R.B. 906, for applicable population
figures.

On line 8a, enter the total amounts reported on all Forms 8609,
Part I, line 1b, that are included on line 1 of this Form 8610. On line
8b, enter the total amounts reported as carryover allocations that
are included on line 5 of this Form 8610.

Paperwork Reduction Act Notice
We ask for the information on this form to carry out the Internal
Revenue laws of the United States. You are required to give us the
information. We need it to ensure that you are complying with these
laws and to allow us to figure and collect the right amount of tax.
You are not required to provide the information requested on a
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form or its instructions must be retained as long as their contents
may become material in the administration of any Internal Revenue
law. Generally, tax returns and return information are confidential,
as required by section 6103.
The time needed to complete and file the following forms will vary
depending on individual circumstances. The estimated average
times are:

Line 7c

Schedule A
(Form 8610)
3 hr., 49 min.

.

.

.

Form 8610
7 hr., 39 min.

Line 7d

Learning about the law
or the form
. . . .

.

.

1 hr., 59 min.

24 min.

Enter the “Amount Allocated,” if any, for your state in Rev. Proc.
2022-37, 2022-43 I.R.B. 337.

Preparing and sending
the form to the IRS . .

.

.

2 hr., 12 min.

28 min.

Line 7f

If you have comments concerning the accuracy of these time
estimates or suggestions for making this form simpler, we would
be happy to hear from you. You can send us comments from
www.irs.gov/FormComments. Or you can write to the Internal
Revenue Service, Tax Forms and Publications Division, 1111
Constitution Ave. NW, IR-6526, Washington, DC 20224. Don’t
send the form to this office. Instead, see Where To File, earlier.

Don’t include on this line allocations made and returned in the same
year.

If the 2021 Form 8610 was amended, enter the amount (if any) from
the amended Form 8610, line 11.

Line 7g
This is the state housing credit ceiling available for allocations
during 2022.

Recordkeeping

.

.