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Form 8823 Texas: What You Should Know
The following applies for each filing type: Note. It is the IRS's position that the requirements in the IRS's Guide for Completing Form 8823, Low-Income Housing Credit, and the comments to “If the Department and Owner are engaged in ADR, the Department must meet Treasury Regulation section 1.42-5 and file IRS Form 8823 within 45 days” are not intended to be a substitute for Form 8823 due diligence and IRS audit review because these requirements will not affect the Taxpayer's ability to determine if a tax credit is eligible. If you are not filing a tax return because of a tax year that began before January 1, 2007, you must file a paper Form 8823. If you are filing a tax return due to a tax year that began on or after January 1, 2007, you must file IRS Form 8970.pdf which will be returned to you if you do not certify under penalty of perjury that it is a true and correct copy. Texas taxpayers should verify with Treasury Regulations §1.42-5 that the requirements in the IRS's Guide for Completing Form 8823, Low-Income Housing Credit are not to be interpreted as a substitute for the requirements in IRS Publication 526 if you do not file a tax return due to a tax year that began before January 1, 2007. Taxpayers that are not eligible for a credit and/or that are not required to file a tax return must use Form 8823 to ensure that they do not lose the credit. To prepare Form 8823 a taxpayer is required to know: Which tax year is being used? When the credit begins. When is the last day for the taxpayer to request a credit? What information must the taxpayer provide? How could the taxpayer obtain the credit? The IRS Taxpayer Bulletin, Taxpayers who are not eligible for a credit and/or that are not required to file a tax return have to use Form 8823 to ensure that they do not lose the credit. A taxpayer that is not eligible for a credit and/or is not required to file a tax return, has to use Form 8823 to ensure that they do not lose the credit.
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