In an evolving landscape of economic development incentives, the Form 8874, New Markets Credit, emerges as a pivotal tool in encouraging investments in qualified community development entities (CDEs). Crafted by the Department of the Treasury and overseen by the Internal Revenue Service, this form serves as an attachment to a tax return and is instrumental for taxpayers aiming to claim the new markets credit. The form, revised in January 2007, intricately outlines the procedure for reporting qualified equity investments made in entities designed to bolster economic prosperity in low-income communities. By offering a credit against tax liabilities, it aims to stimulate private investment in areas that typically struggle to attract capital. Its operational framework is detailed, specifying the eligibility criteria for both CDEs and the investments they facilitate, underscoring the form's role in ensuring that community-focused investment mandates are meticulously followed. Moreover, it houses critical instructions on calculating the credit, along with clarifications on partnership and S corporation dynamics, adding layers of complexity to its completion. The Form 8874 also navigates taxpayers through the recapture provisions, which mitigate the risk of misallocated investments, thereby safeguarding the integrity of the credit. This initiative not only underscores the Federal Government's commitment to community development but also spotlights the regulatory intricacies governing tax incentives intended to foster economic growth in underserved areas.
Question | Answer |
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Form Name | Form 8874 |
Form Length | 2 pages |
Fillable? | No |
Fillable fields | 0 |
Avg. time to fill out | 30 sec |
Other names | f8874 when was irs form 8874 a 2004 |
Form 8874 |
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NEW MARKETS CREDIT |
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OMB No. |
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(Rev. January 2007) |
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Department of the Treasury |
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Attachment |
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Internal Revenue Service |
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▶ Attach to your tax return. |
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Sequence No. 127 |
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Name(s) shown on return |
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Identifying number |
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(a) |
(b) |
(c) |
(d) |
(e) |
(f) |
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Name and address of the qualified |
Employer identification |
Date of initial |
Amount of qualified |
Credit |
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Credit ((d) (e)) |
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community development entity (CDE) |
number of CDE |
investment |
equity investment |
rate |
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1 |
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2 New markets credit from partnerships and S corporations |
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2 |
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3Add lines 1 and 2. Partnerships and S corporations, report this amount on Schedule K; all others, report this amount on the applicable line of Form 3800, (e.g., line 1l of the 2006 Form
3800) |
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General Instructions |
Qualified Equity Investment |
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Section references are to the Internal Revenue Code unless |
A qualified equity investment is an interest in a qualified CDE |
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in the form of stock (other than nonqualified preferred stock) in |
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otherwise noted. |
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a corporation or a capital interest in a partnership that meets |
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What’s New |
all of the following requirements. |
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● The tax liability limit is no longer figured on this form. |
● You acquired the investment solely for cash at its original |
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issue (or from a taxpayer for whom the investment was a |
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Instead, it must be figured on Form 3800, General Business |
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qualified equity investment). The cash may be from borrowed |
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Credit. |
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funds, including a nonrecourse loan. |
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● Taxpayers that are not partnerships or S corporations, and |
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● Substantially all (at least 85%) of the cash is used to make |
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whose only source of this credit is from those |
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qualified |
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entities, are not required to complete or file this form. Instead, |
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requirement is reduced to 75% for the seventh year of the |
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they can report this credit directly on line 1l of Form 3800. |
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● The IRS will revise the January 2007 version of the form only |
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● The investment was designated as a qualified equity |
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when necessary. Continue to use this version for tax years |
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investment by the CDE on its books and records for purposes |
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beginning after 2005 until a new revision is issued. |
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of the new markets credit. |
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Purpose of Form |
Generally, a qualified CDE can designate an equity |
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investment as a qualified equity investment only if it applied |
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Use Form 8874 to claim the new markets credit for qualified |
for and received a new markets credit allocation and entered |
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equity investments made in qualified community development |
into an allocation agreement with the CDFI Fund before the |
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entities (CDEs). This credit is part of the general business |
equity investment was made. |
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credit. |
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Qualified CDEs must provide taxpayers holding a |
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Definitions |
TIP |
qualified equity investment with a completed Form |
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Qualified CDE |
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acquired. |
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A qualified CDE is a domestic corporation or partnership that |
Exceptions. An equity investment in an entity that otherwise |
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qualifies as a qualified equity investment is eligible to be |
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meets the following requirements. |
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designated as a qualified equity investment if made prior to an |
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● Its primary mission is serving, or providing investment |
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allocation agreement only if either of the following applies. |
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capital for, |
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● The equity investment was made on or after April 20, 2001, |
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● It maintains accountability to residents of |
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and the designation of the equity investment as a qualified |
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communities through their representation on any governing |
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equity investment is made for a credit allocation received |
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board or advisory board of the entity. |
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under an allocation application submitted to the CDFI Fund no |
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● It is certified as a qualified CDE by the Community |
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later than August 29, 2002. If the entity in which the equity |
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Development Financial Institutions (CDFI) Fund of the |
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investment is made does not receive an allocation under an |
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Department of the Treasury. |
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allocation application submitted no later than August 29, 2002, |
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Qualified CDEs also include specialized small business |
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the equity investment will not be eligible to be designated as a |
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investment companies and community development financial |
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qualified equity investment. For details, see Regulations |
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institutions. See section 45D(c)(2). |
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sections |
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For Paperwork Reduction Act Notice, see instructions. |
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Cat. No. 31663N |
Form 8874 (Rev. |
Form 8874 (Rev. |
Page 2 |
●The equity investment was made on or after the date the CDFI Fund publishes a Notice of Allocation Availability (NOAA) in the Federal Register, and the designation of the equity investment as a qualified equity investment is made for a credit allocation received under an allocation application submitted to the CDFI Fund under that NOAA. If the entity in which the equity investment is made does not receive an allocation under that NOAA, the equity investment will not be eligible to be designated as a qualified equity investment. For details, see Regulations sections
The maximum amount of equity investments so designated by the qualified CDE cannot exceed the amount of the allocation it received from the CDFI Fund. The names and addresses of qualified CDEs that have received an allocation for each allocation round and the amount of that allocation is listed on the CDFI Fund website at www.cdfifund.gov.
How To Figure the Credit
A credit generally is allowed to the holder of the qualified equity investment on each of 7 credit allowance dates. The credit allowance dates are the date you make the initial investment and each of the next 6 anniversary dates. The credit is equal to the qualified equity investment multiplied by 5% (6% for the 4th through 7th years). However, the credit is not allowed for a credit allowance date if the investment is not a qualified equity investment on that date.
Recapture of the Credit
You may have to increase your tax by a credit recapture amount if at any time within 7 years from the date of the original issuance of the qualified equity investment:
●The entity ceases to be a qualified CDE,
●Substantially all of the proceeds of the investment cease to be used to make qualified
●The investment is redeemed or otherwise cashed out by the entity.
Exception. If a CDE fails to use substantially all of the proceeds of a qualified equity investment to make qualified
See section 45D(g) and Regulations section
You are not subject to recapture of the credit solely because you sell or otherwise dispose of your investment. However, you cannot claim the credit for any credit allowance date after the disposition.
Qualified CDEs must provide taxpayers holding a
TIP qualified equity investment with a completed Form
Basis Reduction
You must reduce your basis in your qualified equity investment by the amount of the new markets credits allowed (even if part or all of the credit is not allowed for the current year and is carried forward). However, do not reduce your basis for purposes of figuring the exclusion of gain for:
●Qualified small business stock under section 1202,
●Certain DC zone assets under section 1400B, or
●Certain qualified community assets under section 1400F.
Additional Information
For more details, see Pub. 954, Tax Incentives for Distressed Communities, section 45D, Regulations section
Specific Instructions
Line 1
Enter the information requested for each qualified equity investment held directly by you on a credit allowance date in the current tax year. In column (e), enter the credit rate. For the first, second, or third year of the
If you need more space, attach a statement showing all the information requested for each qualified equity investment. On the last row on line 1, write “See attached” in column (a) and enter the total of the credit amounts from the attached statement in column (f).
Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax.
You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, returns and return information are confidential, as required by section 6103.
The time needed to complete and file this form will vary depending on individual circumstances. The estimated burden for individual taxpayers filing this form is approved under OMB control number
Recordkeeping |
6 hr., 13 min. |
Learning about the |
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law or the form |
1 hr., 12 min. |
Preparing and sending |
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the form to the IRS |
1 hr., 20 min. |
If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. See the instructions of the tax return with which this form is filed.