Please note the following for households over 8 people. Per the HUD briefing material
“HUD does not include income limits for families with more than eight persons in the printed lists because of space limitations.
For each person over eight-persons, the four-person income limit should be multiplied by an additional 8 percent.
(For example, the nine-person limit equals 140 percent [132 + 8] of the relevant four-person income limit.)
HUD rounds income limits up to the nearest $50. Local agencies may round income limits for nine or more persons
to the nearest $50, or they may use the un-rounded numbers.” To account for areas that may round to the nearest $50,
the calculator also rounds to the nearest $50 for these household sizes as this will always result in a lower amount
than rounding up. If you are qualifying a household over 8 people please check with your local agency for what their
policy is in relation to rounding.
* If your project is using the Income Averaging Minimum Set-Aside under IRC 42 please select the 40/60 Minimum
Set-Aside and in the boxes below input the federal designated income limits that will be used for your project.
Tax-exempt bond projects must satisfy the 20/50 or 40/60 minimum set-aside and cannot use the
Income Averaging Set-Aside for IRC Section 142 purposes. If your project is utilizing the Income Averaging Minimum
Set-Aside for Section 42 purposes you will need to satisfy both the IRC 42 and IRC 142 Set-Asides.
(1) An area may lose its rural area status. There is no clear guidance that a project is held harmless
at the national non-metropolitan income limits when an area loses its rural status. The Rent & Income Limit Calculator©
assumes that a project that is not indicated as rural in the current year was also not rural in the prior year, and therefore,
does not receive hold harmless treatment based on the prior year national non-metro amount.
Therefore, if you select "yes", the Rent & Income Limit Calculator© assumes that the project was and still is
located in a rural area and if you select "no", the Rent & Income Limit Calculator© assumes that the project is
not and was never able to use the national non-metro median income. Please see footnote 3 for information about hold harmless.
Please consult your state agency and tax advisor for further clarification.
(2)
A project uses HERA Special if income was determined prior to 1/1/2009 and the project is in a HERA
Special county. A project's income limits are held harmless at the prior year income limits if income was determined
in the prior year or earlier and the income limits have decreased. Please note that the IRS has informally indicated
that the definition of "determined" for purposes of the HERA Special and MTSP Hold Harmless income limits means that
a project was placed in service. Please see
IRS LIHC Newsletter #35
for more information about "determined" and projects with buildings that were placed in service before and after HUD
income limit effective dates. Therefore, projects placed in service prior to 1/1/2009 are generally eligible for HERA
Special. Please see footnote 4 for information about acquisition/rehabilitation projects.
(3) Internal Revenue Code Section 142(d)(2)(i) indicates that hold harmless applies on a calendar year.
The Rent & Income Limit Calculator© assumes that "calendar year" in the hold harmless rule means the HUD Fiscal Year.
For example, the 2009 calendar year means the HUD Fiscal Year from 3/19/2009 through 5/13/2010.
In other words, the Rent & Income Limit Calculator© assumes that "calendar year" in the hold harmless rule means the
highest income level achieved during any HUD Fiscal Year.
The Rent & Income Limit Calculator© assumes that a rural project will receive hold harmless treatment at the national
non-metro amount based on the prior year national non-metro amount if the national non-metro median income were to fall
from year to year. If a rural project qualifies for HERA Special and the HERA Special is higher than the national non-metro,
then the HERA Special amount will be used. Please note that the IRS has not issued guidance that specifically allows hold
harmless treatment at the national non-metro amount for rural projects, however, Internal Revenue Code 42(g)(4) by reference
to Internal Revenue Code 142(d)(2)(E) implies that hold harmless treatment would apply at the national non-metro amount for
rural projects. Please consult your tax advisor for further clarification.
(4) Please note that for acquisition/rehabilitation projects, the IRS guidance indicates that income and rent limits
are determined at the later of the acquisition date or when management begins income-qualifying households in the project.
For example, if a project was acquired in 2011, the rehabilitation was placed-in-service in 2012, and management began
income-qualifying households in 2011 then the project would be considered placed in service in 2011 for income and rent purposes.
If a project was acquired in 2011, the rehabilitation was placed-in-service in 2012, and management began income-qualifying
households when the rehabilitation placed-in-service in 2012, then the project would be considered placed in service in 2012
for income and rent purposes. Please see
IRS LIHC Newsletter #35
for more detail. Please consult your tax advisor for further clarification.
(5) The rent and income limits for each year are effective beginning with the effective date shown above. There is a
grace period for 45 days from the release of the income limits to implement the new rent and income limits, which means that the old limits can be relied upon for
45 days after the release date of the new limits. For example income limits effective 12/04/2012, can be relied on until 1/17/2013.
For more information, see
Revenue Ruling 94-57.
IRS LIHC Newsletter #48 and
IRS LIHC Newsletter #50
clarify that for projects placed in service during the 45-day grace period, the owner may choose the new or the old income limits.
For example, if a project was placed in service on 1/8/2013 and the 2012 income limits are higher than the 2013 income limits,
an owner may use the higher income limits from 2012 to income qualify tenants and set rents accordingly because the project
was placed in service with the 45-day grace period.
Please note, the Rent & Income Limit Calculator© does
not apply a 45-day grace period automatically. The user needs to indicate
that the placed in service date and/or gross rent floor date occurred 45 days earlier (in the prior HUD Fiscal Year) if they
want to apply the 45-day rule under
Revenue Ruling 94-57
that allows owners to rely on the prior year. Therefore, projects that
were placed in service during the 45-day grace period, and want to use the prior year, should select that they were placed in
service as of the prior year. For example, if a project placed in service on 1/8/2013, and the project wanted to use the 45-day
grace period, the user should select that their project was in service prior to 12/4/2012. Similarly, projects that have a gross
rent floor effective as of the carryover allocation date (or reservation letter date for bond projects) during the 45-day grace
period, and want to use the prior year, should select that the gross rent floor was effective as of the prior year. For example,
if a project received a carryover allocation letter on 1/8/2013, and the owner did not elect placed in service date as the
gross rent floor, and the project wanted to use the 45-day grace period, the user should select that their gross rent floor was
effective prior to 12/4/2012.
(6)
Revenue Procedure 94-57 gives guidance on the gross rent floor election.
Tax credit projects without bond financing:
"The Internal Revenue Service will treat the gross rent floor in section 42(g)(2)(A) as taking effect on the
date an Agency initially allocates a housing credit dollar
amount to the building [generally referred to as the 42M letter] under section 42(h)(1).
However, the Service will treat the gross rent floor as taking effect on a building's placed in service date if the building owner
designates that date as the date on which the gross rent floor will take effect for the building. An owner must make this designation
to use the placed in service date and inform the Agency that made the allocation to the building no later than the date on which the
building is placed in service."
Tax credit projects with bond financing:
"The Service will treat the gross rent floor as taking effect on a building's placed in service date if the building owner designates
that date as the date on which the gross rent floor will take effect for the building. An owner must make this designation to use the
placed in service date and inform the Agency that issued the determination letter to the building no later than the date on which the
building is placed in service."
(7) The Rent & Income Limit Calculator© assumes all buildings in a project have a rent floor effective date under
Revenue Procedure 94-57
in the same HUD Fiscal Year. However, if your buildings have rent floor effective dates under
Revenue Procedure 94-57
in different HUD Fiscal Years, then you should run the calculator separately for each group of buildings in a particular HUD Fiscal Year.
The Rent & Income Limit Calculator© assumes that different AMGI limits (40%, 35%, 30%, etc.) chosen by the user will also
have a rent floor election under
Revenue Procedure 94-57
from the same HUD Fiscal Year that applies to the federal level of 50% or 60%.
(8) For HUD FY 2013 HUD originally issued income limits on December 4, 2012 then issued revised income limits on
December 11, 2012. In
IRS LIHC Newsletter #50,
the IRS has stated that the effective date for the revised FY 2013 income
limits is December 4, 2012. Based on this guidance, the Rent & Income Limit Calculator© uses December 4, 2013 for the effective
date for the revised FY 2013 limits. Please see
IRS LIHC Newsletter #50
for more detail.
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