Enlarge image | New Markets Credit OMB No. 1545-1804 Form (Rev. November 2021)8874 ▶ Attach to your tax return. Attachment Department of the Treasury ▶ Go to www.irs.gov/Form8874 for the latest information. Sequence No. 127 Internal Revenue Service Name(s) shown on return Identifying number (a) (b) (c) (d) (e) (f) Name and address of the qualified Employer identification Date of initial Amount of qualified Credit Credit ((d) × (e)) community development entity (CDE) number of CDE investment equity investment rate 1 % % % % % % 2 New markets credit from partnerships and S corporations . . . . . . . . . . . . . . 2 3 Add lines 1 and 2. Partnerships and S corporations, report this amount on Schedule K. All others, report this amount on Form 3800, Part III, line 1i . . . . . . . . . . . . . . . . . 3 For Paperwork Reduction Act Notice, see instructions. Cat. No. 31663N Form 8874 (Rev. 11-2021) |
Enlarge image | Form 8874 (Rev. 11-2021) Page 2 General Instructions Exceptions. An equity investment in an entity that otherwise qualifies as a qualified equity investment or a non-real estate Section references are to the Internal Revenue Code unless qualified equity investment is eligible to be designated as a otherwise noted. qualified equity investment if made prior to an allocation agreement, but only if the following applies. Future Developments • The equity investment was made on or after the date the CDFI For the latest information about developments related to Form Fund publishes a Notice of Allocation Availability (NOAA) in the 8874 and its instructions, such as legislation enacted after they Federal Register, and the designation of the equity investment were published, go to www.irs.gov/Form8874. as a qualified equity investment is made for a credit allocation received under an allocation application submitted to the CDFI What’s New Fund under that NOAA. If the entity in which the equity The new markets credit allocation has been extended for investment is made does not receive an allocation under that calendar years through 2025. NOAA, the equity investment will not be eligible to be designated as a qualified equity investment. For details, see Purpose of Form Regulations sections 1.45D-1(c)(3)(ii)(B) and 1.45D-1(c)(3)(iii). Use Form 8874 to claim the new markets credit for qualified The maximum amount of equity investments so designated by equity investments made in qualified community development the qualified CDE cannot exceed the amount of the allocation it entities (CDEs). This credit is part of the general business credit. received from the CDFI Fund. The names and addresses of Taxpayers that are not partnerships or S corporations, and qualified CDEs that have received an allocation for each whose only source of this credit is from those pass-through allocation round and the amount of that allocation are listed on entities, are not required to complete or file this form. Instead, the CDFI Fund website at www.cdfifund.gov. they can report this credit directly on Form 3800, Part III, line 1i. Non-Real Estate Qualified Equity Investment Definitions If a qualified equity investment is designated as a non-real estate qualified equity investment, then the qualified equity Qualified CDE investment may only satisfy the substantially-all requirement if A qualified CDE is a domestic corporation or partnership that the CDE makes qualified low-income community investments meets the following requirements. that are directly traceable (including investments made through one or more CDEs) to non-real estate qualified active low- • Its primary mission is serving, or providing investment capital income community businesses. The proceeds of a non-real for, low-income communities or persons. estate qualified equity investment cannot be used for • It maintains accountability to residents of low-income transactions involving a qualified active low-income community communities through their representation on any governing business that is not a non-real estate qualified active low- board or advisory board of the entity. income community business. See Regulations section • It is certified as a qualified CDE by the Community 1.45D-1(d) for details about qualified low-income community Development Financial Institutions (CDFI) Fund of the investments. Department of the Treasury. How To Figure the Credit Qualified CDEs also include specialized small business investment companies and community development financial A credit is generally allowed to the holder of the qualified equity institutions. See section 45D(c)(2). investment on each of 7 credit allowance dates. The credit allowance dates are the date you make the initial investment Qualified Equity Investment and each of the next 6 anniversary dates. The credit is equal to A qualified equity investment is an interest in a qualified CDE in the qualified equity investment multiplied by 5% (6% for the the form of stock (other than nonqualified preferred stock) in a fourth through seventh years). However, the credit is not corporation or a capital interest in a partnership that meets all of allowed for a credit allowance date if the investment is not a the following requirements. qualified equity investment on that date. • You acquired the investment solely for cash at its original Recapture of the Credit issue (or from a taxpayer for whom the investment was a qualified equity investment). The cash may be from borrowed You may have to increase your tax by a credit recapture funds, including a nonrecourse loan. For details, see Rev. Rul. amount if at any time within 7 years from the date of the original 2003-20 and Rev. Rul. 2010-17. issuance of the qualified equity investment: • Substantially all (at least 85%) of the cash is used to make • The entity ceases to be a qualified CDE, qualified low-income community investments. The 85% • Substantially all of the proceeds of the investment cease to requirement is reduced to 75% for the seventh year of the be used to make qualified low-income community investments, 7-year credit period. or • The investment was designated as a qualified equity • The investment is redeemed or otherwise cashed out by the investment or a non-real estate qualified equity investment by entity. the CDE on its books and records for purposes of the new Exception. If a CDE fails to use substantially all of the proceeds markets credit. of a qualified equity investment to make qualified low-income Generally, a qualified CDE can designate an equity investment community investments, the CDE may avoid recapture of the as a qualified equity investment or a non-real estate qualified credit if it corrects the failure within 6 months after the date it equity investment only if it applied for and received a new becomes aware (or reasonably should have become aware) of markets credit allocation and entered into an allocation the failure. Only one correction is permitted for each qualified agreement with the CDFI Fund before the equity investment equity investment during the 7-year credit period. was made. See section 45D(g) and Regulations section 1.45D-1(e) for Qualified CDEs must provide taxpayers holding a details, including how to figure the credit recapture amount. qualified equity investment with a completed Form Generally, include the credit recapture amount on the line for TIP 8874-A when a qualified equity investment is recapture taxes on your income tax return for the year in which acquired. the recapture event occurs. For example, the credit recapture |
Enlarge image | Form 8874 (Rev. 11-2021) Page 3 amount on a 2021 Form 1040 is reported on Schedule 2 (Form If you need more space, attach a statement showing all the 1040), line 17a, and the amount on a 2021 Form 1120 is information requested for each qualified equity investment. On reported on Schedule J, line 9g (Other taxes). the last row on line 1, write “See attached” in column (a) and You are not subject to recapture of the credit solely because enter the total of the credit amounts from the attached you sell or otherwise dispose of your investment. However, you statement in column (f). cannot claim the credit for any credit allowance date after the disposition. Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the Qualified CDEs must provide taxpayers holding a United States. You are required to give us the information. We qualified equity investment with a completed Form need it to ensure that you are complying with these laws and to TIP 8874-B when a recapture event occurs. allow us to figure and collect the right amount of tax. You are not required to provide the information requested on Basis Reduction a form that is subject to the Paperwork Reduction Act unless You must reduce your basis in your qualified equity investment the form displays a valid OMB control number. Books or by the amount of the new markets credits allowed (even if part records relating to a form or its instructions must be retained as or all of the credit is not allowed for the current year and is long as their contents may become material in the carried forward). However, do not reduce your basis for administration of any Internal Revenue law. Generally, returns purposes of figuring the exclusion of gain for: and return information are confidential, as required by section 6103. • Qualified small business stock under section 1202, The time needed to complete and file this form will vary • Certain DC zone assets under section 1400B (as in effect depending on individual circumstances. The estimated burden before its repeal on March 23, 2018), or for individual and business taxpayers filing this form is approved • Certain qualified community assets under section 1400F (as in under OMB control number 1545-0074 and 1545-0123 and is effect before its repeal on March 23, 2018). included in the estimates shown in the instructions for their individual and business income tax return. The estimated Additional Information burden for all other taxpayers who file this form is shown below. For more details, see section 45D, Regulations section 1.45D-1, Recordkeeping . . . . . . . . . . . 6 hr., 13 min. or www.cdfifund.gov. Learning about the law or the form . . . . . . . . . . . 1 hr., 12 min. Specific Instructions Preparing and sending Line 1 the form to the IRS . . . . . . . . . . 1 hr., 20 min. Enter the information requested for each qualified equity If you have comments concerning the accuracy of these time investment held directly by you on a credit allowance date in estimates or suggestions for making this form simpler, we would the current tax year. In column (e), enter the credit rate. Enter be happy to hear from you. See the instructions for the tax “5” for the first, second, or third year of the 7-year credit period. return with which this form is filed. For any later year, enter “6.” |