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Are there any requirements for how long the property must remain in use to qualify for the credits

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Question:

Are there any requirements for how long the property must remain in use to qualify for the credits

Answer:

Yes, there are specific requirements for how long the property must remain in use to qualify for certain credits under the Internal Revenue Code.

  1. Low-Income Housing Credit (§ 42):
    • Compliance Period: The property must remain in compliance with the low-income housing requirements for a period of 15 years beginning with the first taxable year of the credit period (Subsection 42(i)(1)).
    • Extended Use Period: An extended low-income housing commitment must be in effect, which generally extends the compliance period by an additional 15 years, making it a total of 30 years (Subsection 42(h)(6)(D)).
  2. Rehabilitation Credit (§ 47):
    • Substantial Rehabilitation Requirement: For a building to qualify as a "qualified rehabilitated building," the rehabilitation expenditures must be substantial, meaning they must exceed the greater of the adjusted basis of the building or $5,000 within a 24-month period (Subsection 47(c)(1)(B)).
    • Holding Period: The building must be held for at least 24 months immediately before the exchange for the rehabilitation credit to apply (Subsection 47(c)(1)(B)(i)).
  3. Energy Efficient Home Improvement Credit:
    • Minimum Use Period: For building envelope components (such as exterior doors, windows, skylights, insulation, and air sealing materials or systems), the component must reasonably be expected to remain in use for at least 5 years (IRS FAQ).

These requirements ensure that the property is used in a manner consistent with the purpose of the credit for a specified period, thereby preventing short-term use solely to claim the tax benefits.

Sources:
§ 42. Low-income housing credit
§ 47. Rehabilitation credit
IRS Proposed Regulations REG-132569-17
IRM Part 21. Customer Account Services. Chapter 7. Business Tax Returns and Non-Master File Accounts. Section 4. Income Taxes/Information Returns
Rev. Proc. 2018-58
Rev. Proc. 2008-16

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