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federalUnited StatesTax-Exempt Private Activity Bond Financed Residential Rental Propertyrecertification

Resident income must be redetermined at least annually on current income unless no new over-income resident moved in that year

bond.income_eligibility.annual_current_income_determination · v1.0.0

Whether a resident's income exceeds the applicable income limit must be determined at least annually on the basis of the resident's CURRENT income. That requirement is switched off for a project for any year in which no residential unit in the project was occupied by a NEW resident whose income exceeds the applicable income limit. The bond exception therefore turns on who moved in during the year, not on whether the building is 100 percent low-income: a 100 percent affordable project that leased one unit during the year to an over-income new resident must redetermine every resident's income, while a mixed-income project that happened to lease only to qualifying households that year need not. Form 8703 line 4 is where the operator claims the exception, and claiming it lets the operator skip lines 6 through 10 of the return.

Confidence
high
Effective from
1986-10-22
Last reviewed
2026-08-30

Evidence required

  • Tenant Income Certification(one_per_year)
  • Published income and rent limit schedule in effect(one_per_year)

Citations

All sources verified within 1 day
  • Internal Revenue Code Section 142 - Exempt facility bond, including 142(d) qualified residential rental project
    26 U.S.C. 142(d)(3)(A) - Current income determinations
    statuteSource ↗verified 1d ago
  • Form 8703, Annual Certification of a Residential Rental Project
    Form 8703 (Rev. 12-2021), Part I line 4
    binding_agency_guidanceSource ↗verified 1d ago