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The 8823 Form is used when LIHTC noncompliance is identified by a state agency in order to notify the IRS of that noncompliance.
This form is used by owners of qualified residential rental buildings in low-income housing projects to figure the amount of their low-income housing credit, a component of the general business credit.
A Low Income Taxpayer Clinic (LITC) represents individuals whose incomes are generally at or below 250% of the federal poverty guideline, and who are seeking to resolve tax problems with the IRS, such as audits, appeals and tax collection disputes. LITCs can represent taxpayers in court as well as before the IRS.
Many types of properties are LIHTC-eligible, including single-family homes, apartment buildings, multifamily homes, townhouses and duplexes.
Housing credit agencies use Form 8823 as part of their compliance monitoring responsibilities under section 42(m)(1)(B)(iii) to notify the IRS of any building disposition or noncompliance with the low-income housing tax credit provisions.
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The statement must be attached to this Form 8609 and include: ● The name and address of the project and each building in the project, ● The BIN of each building in the project, ● The aggregate credit dollar amount for the project, and ● The credit allocated to each building in the project.

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