Guide · Tax

Development Tax Credits: A Comprehensive Guide to Historic Rehabilitation, Low-Income Housing, New Markets, and Energy Credits

26 U.S.C. § 38

Type
Guide
Jurisdiction
National
Date
2024-10-03
Topic
Tax

This guide covers development tax credits comprehensively. Part one sets out the general credit framework, the basis reduction and recapture rules, and the passive activity limits that determine who can use these benefits. Part two covers the low-income housing credit: qualified basis, the set-aside election, the credit rates, and the fifteen-year compliance period. Part three covers the rehabilitation credit, the substantial rehabilitation test, and the certification requirement. Part four covers the new markets credit and the leverage structure that delivers it. Part five covers the partnership vehicle, allocations, and liability sharing. Part six covers the doctrinal limits. The guide closes with closing mechanics, compliance obligations, credit layering, and guidance for developers and investors.

Development Tax Credits: A Comprehensive Guide to Historic Rehabilitation, Low-Income Housing, New Markets, and Energy Credits

Tax > Historic, Low-Income Housing, and New Markets Tax Credits | Published 3 October 2024 - Updated 20 April 2026 | UpLaw - uplaw.us

Part I: the general framework

The general business credit

26 U.S.C. § 38 aggregates the specified credits into the general business credit and limits the amount allowable in a year by reference to the taxpayer's net income tax and tentative minimum tax.

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