Partnership may make late election to defer housing credit period

Plain-English summary

A partnership placed a low-income housing building in service but intended to begin its ten-year credit period in the following taxable year. It filed Form 8609 without timely making the irrevocable election under IRC § 42(f)(1) to defer the start of that period. The IRS found that the partnership acted reasonably and in good faith and that relief would not prejudice the government. It granted 120 days to file an amended Form 8609 checking the correct box for the later start year. The partnership must also file its federal returns, including Form 8609-A and Schedules K-1, consistently for the placed-in-service year and later years. The ruling did not determine whether the building otherwise qualified for the low-income housing credit.

Ruling snapshot

• Question: May the partnership amend Form 8609 after the deadline to begin the building's credit period in the following year?
• Outcome: Approved, with 120 days to file the amended Form 8609
• Key authorities: IRC § 42(f), (l); Treas. Reg. §§ 1.42-1(h), 301.9100-1, 301.9100-3, 301.9100-8

Full text (IRS public release)

Internal Revenue Service
Department of the Treasury
Washington, DC 20224

Number: 202540007
Third Party Communication: None
Release Date: 10/3/2025
Date of Communication: Not Applicable
Index Number: 9100.01-00, 42.00-00
Person To Contact:
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Telephone Number:
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CC:ECE:B01
PLR-107852-25
In Re: Date:
-------------------------------------------------- July 07, 2025

LEGEND

Taxpayer = --------------------------------------------------------------------------------
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Year 1 = ------------------------------------------------------ Year 2 = ------------------------------------------------------
BIN = -----------------------------------------------------------------------------

Dear ------------:

This letter responds to Taxpayer’s authorized representative’s letter dated March 28, 2025, submitted on behalf of Taxpayer, requesting an extension of time to make an election under § 42(f)(1) of the Internal Revenue Code pursuant to § 301.9100-1 and
§ 301.9100-3 of the Procedure and Administration Regulations, to file an amended Form 8609, Low-Income Housing Credit Allocation and Certification, with respect to the election under § 42(f)(1) of the Internal Revenue Code made for a certain building in a housing project intended to be a low-income housing project under § 42.

According to the information submitted and representations made, Taxpayer, a partnership for federal income tax purposes, placed the building identified by BIN in service in Year 1. Taxpayer intended, as reflected by contemporaneous and other documents, to begin the credit period for the building identified by BIN in Year 2. However, Taxpayer inadvertently failed to make a timely election under § 42(f)(1) to begin the credit period for the building identified by BIN in Year 2. After filing Form 8609 with the Internal Revenue Service, Taxpayer discovered the inadvertent error.

Section 42(f)(1) defines the credit period of any building as the period of 10 taxable years beginning with the taxable year in which the building is placed in service, or at the taxpayer’s irrevocable election, the succeeding taxable year, but in either case only if the building is a qualified low-income building at the close of the first year of the credit
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period.

Section 301.9100-8(b) provides that the election under § 42(f)(1) generally must be made for the taxable year in which the project is placed in service, or the succeeding taxable year if the § 42(f)(1) election is made to defer the start of the credit period, and must be made in the certification required to be filed pursuant to § 42(l)(1) and (2).

Section 301.9100-8(a)(4)(i) provides that the election under § 42(f)(1) is irrevocable. Specifically, the election under § 42(f)(1) is made pursuant to the certification requirement of § 42(l)(1)(E), which provides that following the close of the first taxable year in the credit period with respect to any qualified low-income building, the taxpayer shall certify to the Secretary (at such time and in such form and in such manner as the Secretary prescribes) such other information as the Secretary may require.

Section 1.42-1(h) of the Income Tax Regulations provides that a completed Form 8609, Low-Income Housing Credit Allocation and Certification, must be filed by the building owner with the IRS. The requirements for completing and filing Form 8609 are addressed in the instructions to the form. Completion of the relevant portions of Form 8609 satisfy the certification requirement of § 42(l)(1) and (2).

The instructions to Form 8609 provide that the building owner must make a one-time submission of Form 8609 to the Low-Income Housing Credit (LIHC) Unit at the IRS Philadelphia campus. The building owner must file the original of the Form 8609 with the LIHC Unit no later than the due date (including extensions) of its first tax return with which it is filing Form 8609-A, Annual Statement for Low-Income Housing Credit.

Sections 301.9100-1 through 301.9100-3 provide the standards the Commissioner will use to determine whether to grant an extension of time to make an election.

Section 301.9100-1(b) defines the term “regulatory election” as including an election whose due date is prescribed by a regulation, revenue ruling, revenue procedure, notice, or announcement published in the Internal Revenue Bulletin.

Under § 301.9100-1(c), the Commissioner has discretion to grant a reasonable extension of time under the rules set forth in §§ 301.9100-2 and 301.9100-3 to make a regulatory election, or a statutory election (but no more than six months except in the case of a taxpayer who is abroad), under all subtitles of the Code except subtitles E, G, H, and I.

Section 301.9100-2 provides automatic extensions of time for making certain elections. Section 301.9100-3 provides extensions of time for making elections that do not meet the requirements of § 301.9100-2.

Requests for relief under § 301.9100-3(a) will be granted when the taxpayer provides evidence to establish that the taxpayer acted reasonably and in good faith, and the
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grant of relief will not prejudice the interests of the government.

In the instant case, based solely on the facts submitted and the representations made, we conclude that the requirements of §§ 301.9100-1 and 301.9100-3 have been met. Accordingly, Taxpayer is granted an extension of time to file an amended Form 8609 for the building identified by BIN for the sole purpose of checking the correct box on line 10a of the form to begin the credit period for the building in Year 2. The amended Form 8609 must be filed within 120 days from the date of this letter. The amended Form 8609 (along with a copy of this letter) must be filed with the LIHC Unit at the following address provided in the instructions to Form 8609:

Department of the Treasury
Internal Revenue Service Center
Philadelphia, PA 19255-0549

By making the election under § 42(f)(1) for the building identified by BIN, Taxpayer is electing to begin the credit period for the building identified by BIN in Year 2. Accordingly, Taxpayer must file its Federal income tax returns, including the Form 8609- A and the Schedules K-1, for Year 1 and all subsequent years as is necessary to reflect the proper amount of § 42 credits.

No opinion is expressed or implied regarding the application of any other provisions of the Code or regulations. Specifically, we express no opinion on whether the building identified by BIN otherwise qualifies for the low-income housing credit under § 42.

This ruling is directed only to the taxpayer who requested it. Section 6110(k)(3) provides that it may not be used or cited as precedent.

The ruling contained in this letter is based on the information submitted and representations made by Taxpayer and accompanied by a penalty of perjury statement executed by an appropriate party. While this office has not verified any of the material submitted in support of the request for ruling, it is subject to verification on examination.

In accordance with the provisions of a Power of Attorney currently on file with this office, a copy of this letter is being sent to Taxpayer’s authorized representatives.
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Sincerely,

Associate Chief Counsel
(Energy, Credits, & Excise Tax)

By:
Dillon J. Taylor
Senior Technician Reviewer, Branch 1
Office of Associate Chief Counsel
(Energy, Credits, & Excise Tax)

Enclosure:
Copy for § 6110 purposes

cc:
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