Clear Form STATE OF HAWAII—DEPARTMENT OF TAXATION FORM TAX TAX CREDIT FOR LOW-INCOME HOUSING YEAR N-586 Or fiscal year beginning _________________, 20____, and ending __________________, 20____ (REV. 2009) Enter the start and end of your tax year in the space provided. 20_ _ ATTACH THIS SCHEDULE AND A COPY OF FEDERAL FORM 8586 TO FORM N-11, N-15, N-20, N-30, N-35, N-40, N-70NP, F-1 OR TO THE ANNUAL PREMIUM TAX RETURN (Form 314), WHICHEVER IS APPLICABLE. ATTACH A COPY OF FORMS 8609 AND 8609-A TO THIS SCHEDULE. Name(s) as shown on Form N-11, N-15, N-20, N-30, N-35, N-40, N-70NP, F-1, or Form 314 Social Security Number NOTE: If you are claiming the Ethanol Facility Tax Credit, no other credit can be claimed for the taxable year. Federal Employer I.D. No. NOTE: If you are only claiming the tax credit from a flow-through entity, start on line 5. Part I Low-Income Housing Credit 1 Name and address of building(s) for which the credit is being claimed 2 Date building(s) placed in service (month, year) 3 Enter the amount of the tax credit allocated by the HHFDC to Hawaii property: a Placed in service before July 1, 2005 ................................................................................................. 3a b Placed in service on or after July 1, 2005 ........................................................................................... 3b 4 a Multiply the amount on line 3a by 30% and enter here ....................................................................... 4a b Multiply the amount on line 3b by 50% and enter here ....................................................................... 4b 5 Flow through of Hawaii low-income housing credit received from other entities, if any: Check the applicable box below. Enter the name and Federal Employer I.D. No. of Entity: __________________________________________________________________________________ a S corporation shareholder — enter total from Schedule K-1 (Form N-35), line 12d ...................... b Partner — enter amount from Schedule K-1 (Form N-20), line 15 ................................................. c Beneficiary — enter amount from Schedule K-1 (Form N-40), line 7b ........................................... d Patron — enter the amount from federal Form 1099-PATR ............................................................ 5 6 Carryover of unused low-income housing tax credit from prior years ........................................................ 6 7 Tentative current year low-income housing credit (Add lines 4a, 4b, 5, and 6) .......................................... 7 Note: Form N-20, Form N-35, and Form 314 filers stop here and enter the amount on line 7 on the appropriate lines of your tax return. Part II Tax Liability Limitations (Not to be completed by Form N-20, Form N-35, and Form 314 filers) 8 a Individuals — Enter tax liability amount from Form N-11 or, if applicable, Form N-15 ........................ b Corporations — Enter tax liability from Form N-30 ............................................................................. c Other filers — Enter your income tax liability, before credits, from the applicable form ..................... 8 9 Complete the credit worksheet in the instructions and enter the total here................................................ 9 10 Income tax liability, as adjusted (line 8 minus line 9). If the result is zero or less than zero, enter zero on line 10 ................................................................................................................................... 10 11 Total credit allowed — Enter the smaller of line 7 or line 10. This is your low-income housing credit allowable for the year. Enter this amount also, rounded to the nearest dollar for individual taxpayers, on the appropriate line for the credit on Schedule CR (for Form N-11, N-15, N-30, and N-70NP filers); Form N-40, Schedule E; or Form F-1, Schedule H, whichever is applicable ..................... 11 12 Carryover of unused credit. Enter here the difference between lines 7 and 11; otherwise enter zero. The amount of any unused tax credit may be carried over and used as a credit against your income tax liability in subsequent years until exhausted. ...................................................... 12 FORM N-586 |
FORM N-586 Page 2 (REV. 2009) PART III Recapture of Low-Income Housing Credit Building Address of Building (as shown on Form N-586) Date placed in service (from Form N-586) A B Building TOTAL A B 1 Enter the amount of accelerated portion of tax credits recaptured, federal Form 8611, line 7 .................................................. 1 2 Enter the appropriate credit percentage (see Instructions) .................. 2 3 Multiply line 1 by line 2 and enter result ............................................... 3 4 Enter net recapture amount from flow-through entities, Schedule K-1 or Federal Form 1099-PATR ................................................................. 4 5 Enter the interest on line 4 recapture amount (see Instructions) ......... 5 6 IRC Section 42 (j)(5) Partnerships ONLY - Enter interest on line 3 recapture amount ................................................................... 6 7 Total recapture - Add lines 3, 4, 5, and 6. Enter here and on proper line of your tax return ............................................................... 7 Purpose of Form. Owners of Insurers.—Complete Part I to figure General residential rental buildings providing low- the credit to carry to Form 314, Annual Instructions income housing must use Form N-586 to Premium Tax Return. Attach a copy of claim the low-income housing credit. federal Form 8586 to Form 314. (Section references are to the Internal Revenue Code (IRC) unless otherwise The tax credit does not apply to Caution: No credit may be claimed on any noted.) occupants of low-income housing units. building for which there has been allowed any relief from the passive loss rules under The Hawaii low-income housing tax For more information, contact the section 502 of the Tax Reform Act of 1986. credit allowed under section 235-110.8, Department of Taxation, Taxpayer Services Hawaii Revised Statutes (HRS), is based Branch at (808) 587-4242, or toll-free at Statutory Reference. Section 235- upon the tax credit allowed for federal 1-800-222-3229. 110.8, HRS. income tax purposes under section 42. Banks and other financial Low-income housing tax credit. Generally, the Hawaii low-income tax credit institutions. –– Complete Parts I and is 50% of the allowable federal low-income II. Attach a copy of federal Form 8586 to (a) Section 42 (with respect to low- housing tax credit (30% for property placed Form F-1. income housing credit) is operative for in service before July 1, 2005). A taxpayer purposes of Chapter 235, HRS. may claim this credit whether or not the Partnerships, S Corporations, Estates taxpayer claims a federal low-income and Trusts.—Complete Part I to figure (b) Each taxpayer subject to the tax housing tax credit. the credit to pass through to the partners, imposed by Chapter 235, HRS, who files shareholders, or beneficiaries. Attach a a net income tax return for a taxable year Note: Although a taxpayer no longer has copy of federal Form 8586 to the entity’s may claim a low-income housing tax credit to claim the federal low-income housing income tax return. against the taxpayer’s net income tax tax credit in order to claim the State low- liability. The amount of the credit shall be income housing tax credit, federal low- Partnership investors now have the deductible from the taxpayer’s net income income housing tax credit forms, Form flexibility of allocating the State low- tax liability, if any, imposed by Chapter 8586, will need to be completed in order income housing tax credit among its 235, HRS for the taxable year in which to claim the State low-income housing tax partners without regard to the partners’ the credit is properly claimed on a timely credit. Form 8586 needs to be attached proportionate interests in the partnership basis. A credit under this section may be to your Hawaii return even if you are not for taxable years beginning after December claimed whether or not the taxpayer claims required to attach it to your federal return.31, 1999. a federal low-income housing tax credit pursuant to section 42. |
FORM N-586 (REV. 2009) Page 3 (c) The low-income housing tax credit claim the credit shall constitute a waiver of • The building no longer meets the shall be fifty per cent of the applicable the right to claim the credit. A taxpayer may minimum set-aside requirements percentage basis of each building located claim a credit only if the building or project of section 42(g)(1), the gross rent in Hawaii. Applicable percentage shall be is a qualified low-income housing building requirements of section 42(g)(2), or the calculated as provided in section 42(b). or a qualified low-income housing project other requirements for the units which under section 42 of the Internal Revenue are set-aside. (d) For the purposes of this section, the Code. determination of: Recapture does not apply if: Section 469 (with respect to passive • You disposed of the building or an (1) Qualified basis and qualified low- activity losses and credits limited) of the ownership interest in it after July 30, income building shall be made under IRC shall be applied in claiming the credit. 2008, and it is reasonably expected that section 42(c); (h) The director of taxation may adopt the building will continue to be operated (2) Eligible basis shall be made under any rules under chapter 91 and forms as a qualified low-income building section 42(d); necessary to carry out this section. for the remainder of the building’s compliance period; (3) Qualified low-income housing project shall be made under section 42(g); • You disposed of an ownership interest The Hawaii Housing Finance and in a building that you held through an (4) Recapture of credit shall be made electing large partnership; under section 42(j), except that the tax Development Corporation (HHFDC), under for the taxable year shall be increased the Department of Business, Economic • The decrease in qualified basis does under section 42(j)(1) only with respect Development and Tourism, is designated not exceed the additions to qualified to credits that were used to reduce as the State housing credit agency to carry basis for which credits were allowable State income taxes; out section 42(h) (with respect to limitation in years after the year the building was on aggregate credit allowable with respect placed in service; (5) Application of at-risk rules shall be to projects located in the State). As • You correct a noncompliance made under section 42(k); the State housing credit agency, the within a reasonable period after it corporation shall determine the eligibility is discovered or should have been of the Internal Revenue Code basis for a qualified low-income building, discovered. (However, recapture (e) As provided in section 42(e), make the allocation of housing credit dollar applies if any vacant unit of comparable rehabilitation expenditures shall be amounts with the State, and determine the or smaller size to the low-income units treated as separate new building and their portion of the State’s housing credit ceiling is rented to other than a low-income treatment under this section shall be the set aside for projects involving qualified tenant (on other than a temporary same as in section 42(e). The definitions nonprofit organizations. basis) during any period when the and special rules relating to credit period All claims for allocation of the low- project does not comply with the set- in section 42(f) and the definitions and income housing credit under section 235- aside requirement or has experienced special rules in section 42(i) shall be 110.8, HRS, shall be filed with the HHFDC a reduction in qualified basis for which operative. at 677 Queen St., Suite 300, Honolulu, credits were allowable.); (f) The State housing credit ceiling in HI 96813. The HHFDC shall determine • The credit did not reduce your tax section 42(h) shall be zero for the calendar the amount of the credit allocation, if liability; or year immediately following the expiration necessary, and return the claim to the • The qualified basis is reduced because of the federal low-income housing tax taxpayer. The taxpayer shall file a credit of a casualty loss, provided the credit program and for any calendar year allocation form issued by the HHFDC property is restored or replaced within a thereafter, except for the carryover of any with the taxpayer’s tax return with the reasonable period. credit ceiling amount for certain projects in Department of Taxation. progress which, at the time of the federal Specific Instructions expiration, meet the requirements of Recapture of Credit Part II section 42. There is a 15-year compliance period (g) The credit allowed under this section during which the residential rental building Tax Liability Limitations shall be claimed against net income must meet certain requirements. NOTE: For the purpose of this tax tax liability for the taxable year. For the Note: If the decrease in qualified basis credit, net income tax liability means net purpose of deducting this tax credit, net is because of a change in the amount for income tax liability reduced by all other income tax liability means net income tax which you are financially at risk on the credits, except for the high technology liability reduced by all other credits allowed building, then you must first recalculate business investment tax credit and the the taxpayer under this chapter. the amount of credit taken in prior years technology infrastructure renovation A tax credit under this section which pursuant to section 42(k) before you tax credit allowed under chapter 235, exceeds the taxpayer’s income tax calculate the recapture amount on this HRS. If you are also claiming the high liability may be used as a credit against form. technology business investment tax credit (Form N-318) or the technology the taxpayer’s income tax liability in Generally, recapture applies if: infrastructure renovation tax credit subsequent years until exhausted. All claims for a tax credit under this section • You dispose of a building or an (Form N-326), complete this form first, must be filed on or before the end of the ownership interest in it; then Form N-318, then Form N-326. twelfth month following the close of the • There is a decrease in the qualified Line 8 — Enter the tax liability before any taxable year for which the credit may be basis of the building from one year to credits from the appropriate line of your tax claimed. Failure to properly and timely the next; or return. |
FORM N-586 Page 4 (REV. 2009) Line 9 — The law requires that ALL other year involved. Add the interest amounts for For flow-through entities that file Form credits except for the high technology each prior year until the earlier of: N-20 or Form N-35, identify amounts as “Recapture of low-income housing tax business investment tax credit and the • The due date (not including extensions) technology infrastructure renovation of the return for the recapture year, or credit”: tax credit offset a taxpayer’s tax liability BEFORE allowing a credit for low-income • The date the return for the recapture N-20, Schedule K-1, line 28. housing. Complete the Credit Worksheet year is filed and any income tax due for N-35, Schedule K-1, line 20. on this page and enter the result on line 9. that year has been fully paid. Line 11 — Compare the amounts on lines Enter the total on line 5 or 6. (This interest is not deductible on your income 7 and 10. Enter the smaller of line 7 or 10 here. This is your maximum credit allowed tax return.) for this taxable year. Line 7 — Include the total credit recaptured on the appropriate line Part III representing your tax liability. To complete Part III of Form N-586 you will need copies of all the following federal forms that you have filed: Form 8586, CREDIT WORKSHEET Low-Income Housing Credit, Form 8609, Tax Credit Amount Low-Income Housing Credit Allocation a. High Technology Investment Tax Certification, Form 8609-A Annual Credit for investments made after Statement for Low-Income Housing Credit, April 30, 2009 . . . . . . . . . . . . . . . . . . and Form 8611, Recapture of Low-Income b. Ethanol Facility Tax Credit ......... Housing Credit. c. Income Taxes Paid to another state Lines 1 through 7 — If the tax credit is or foreign country . . . . . . . . . . . . . . . recaptured from more than two buildings, d. Enterprise Zone Tax Credit ........ attach a schedule and enter the totals in e. Carryover of the Energy the third column. Conservation Tax Credit . . . . . . . . . . If the tax credit recapture is only from f. Credit for Employment of Vocational a flow-through entity (partnership, S Rehabilitation Referrals ........... corporation, estate, or trust) skip lines 1-3 g. Carryover of the Individual and go to line 4. Development Account Contribution Tax Credit . . . . . . . . . . . . . . . . . . . . . Line 1 — Tax credit recapture.— h. Credit for School Repair and Section 42(j)(5) partnerships fill in line Maintenance ................... 7 also. All other flow-through entities i. Ko Olina Resort and Marina (partnerships, S corporations, estates, or Attractions and Educational trusts) enter the result here and on the Facilities Tax Credit .............. appropriate line of Schedule K of your j. Renewable Energy Technologies respective return. Enter each recipient’s Income Tax Credit ............... share on the appropriate line of Schedule k. Credit for Low-Income Household K-1. Renters ....................... Line 2 — Appropriate credit l. Credit for Child and Dependent percentage.—Enter 30% if the property Care Expenses ................. was placed in service before July 1, 2005. m. Credit from a Regulated Investment Enter 50% if the property was placed in Company . . . . . . . . . . . . . . . . . . . . . service on or after July 1, 2005. n. Fuel Tax Credit for Commercial Lines 5 and 6 — Interest.—Compute Fishers . . . . . . . . . . . . . . . . . . . . . . . the interest separately for each prior tax year using a rate of 8% (.00667 monthly) o. Credit for Child Passenger Restraint Systems ............... for the period beginning on the due date for filing the original return for each prior p. Capital Goods Excise Tax Credit . . . q. Refundable Food/Excise Tax Credit . . . . . . . . . . . . . . . . . . . . . r. Tax Credit for Research Activities ... s. Motion Picture, Digital Media and Film Production Income Tax Credit . . t. Add lines a through s. Enter the amount here and on line 9 ......................... |