Policy & Regulations


NMTC Statute

Internal Revenue Code Section 45D
(As of December 20, 2006)

Program Regulations

Advance Notice of Proposed Rulemaking Regarding the Designation of Low-Income Communities
(May 24, 2005)

Correction to Final New Markets Tax Credit Regulations
(January 28, 2005)

Treasury Decision 9171: Final New Markets Tax Credit Regulations
(December 22, 2004)

Comment Request: REG–119436–01 (TD 9171), New Markets Tax Credits (April 10, 2008)

Notice of Final New Markets Tax Credit Regulations
(December 28, 2004)

Treasury Decision 9116: New Markets Tax Credit Amendments to Temporary Regulations
(March 11, 2004)

IRS Notice of Proposed Rulemaking and Public Hearing on New Markets Tax Credit Amendments
(March 11, 2004)

Forms

Form 8874: New Markets Credit (January 2007)

Form 8874-A: Notice of Qualified Equity Investment for New Markets Credit (March 2007)

Form 8874-B: Notice of Recapture Event for New Markets Credit (March 2007)

Notices & Rulings

CDFI Fund Notices

Notice Inviting Comments Concerning Non-Metro QEI Allocations (May 22, 2007)

NMTC Allocation Application Q&A   (December 1, 2006)

New Markets Tax Credit Compliance and Monitoring Frequently Asked Questions (November 2006)

Notice Inviting Comments Concerning the New Markets Tax Credit (NMTC) Program Allocation Tracking System (November 6, 2006)

Notice Inviting Comments Concerning NMTC Program Allocation Agreement--Disclosure, Audited Financial Statements (November 6, 2006)

Notice Inviting Comments Concerning the Community Development Financial Institutions Fund's Conflict of Interest Package for Non-Federal Readers (November 6, 2006)

Advance Notice of 2007 NMTC QEI Issuance Requirements (October 30, 2006)

Notice Inviting Comments on the Release of Transaction Level Report Data and Allocation Tracking System Data (August 15, 2006)

> Draft Privacy Protocol for CDE TLR and ATS Data
> Draft FY 2004 CDE TLR and ATS Data Release Sample

Notice Inviting Comments Concerning the Community Development Entity (CDE) Certification Application (May 24, 2006)

Notice Inviting Comments Concerning a draft Survey of CDFIs to Gather Feedback on the Effectiveness of the Programs of the CDFI Fund of the U.S. Department of the Treasury (March 1, 2006)

Notice Inviting Comments Concerning the Community Development Entity (CDE) Certification Application (March 1, 2006)

Notice Inviting Comments Concerning the New Markets Tax Credit (NMTC) Program—Allocation Application (December 28, 2005)

Policies for Prioritizing Amendment Requests (November 15, 2005)

Allocation Agreement Q&A  (January 2005)

NMTC Allocation Application Q&A  (September 24, 2004)

All Applicants for Federal Assistance Required to Obtain Dun & Bradstreet (D&B) Data Universal Numbering System (DUNS) Number
(March 29, 2004)

CDFI Fund Submission for OMB Review: Institution-Level Report; Transaction-Level Report; IRS Compliance Questions
(March 12, 2004)

Procedure for requesting legal interpretations of statutes, regulations, guidances, agreements: CDFI Program, BEA Program, NMTC Program
(March 10, 2004)

Allocation Agreement Q&A (January 27, 2004)

New Markets Tax Credit Program Allocation Tracking System (ATS)
(January 2, 2004)

XML Schema Definition (XSD) document for the Community Investment Intelligence System (CIIS)
(December 17, 2003)

CDFI Fund Advisory Board Meeting Announcement
(October 2, 2003)

CDFI Fund Notice Extending Sundry Deadlines for the 2003 NMTC Allocation Application Round
(September 10, 2003)

NMTC Allocation Application Q&A
(September 8, 2003)

CDFI Fund Notice and Request for Comments Regarding NMTC Program Institution-Level Report and Transaction-Level Report
(July 16, 2003)

CDFI Fund Notice of Video Teleconference for 2003 NMTC Round
(July 8, 2003)

CDFI Fund Notice and Request for Comments Regarding Notification of Receipt of a Qualified Equity Investment
(March 30, 2003)

Application and Allocation Q&A  (August 5, 2002)

CDFI Fund New Markets Tax Credit Brochure
(December, 2000)

Press Release: Guidance on NMTC Program
(April 20, 2001)

IRS Notices

Notice 2008-47: Public Comment Invited on Recommendations for 2008-2009 Guidance Priority List

Notice 2008-25: GO Zone Bonus Depreciation Recapture

Notice 2007-36: GO Zone Bonus Depreciation Additional Guidance

Notice 2007-18: Definition of Party and Allocation of Net Income or Proceeds for Purposes of Section 4965 (February 7, 2007)

Revenue Procedure 2007-20: Exceptions to Reportable Transaction Disclosure Rules Under Section 1.6011-4(b)(4)  (January 26, 2007)

Transition Relief for Certain Partnerships and Other Pass-Thru Entities Under § 470
(December 14, 2006)

IRS Notice 2006-60: Designation of Certain Targeted Populations
(June 30, 2006)

IRS Notice 2004-26: Public Comment Invited on Recommendations for 2004-2005 Guidance Priority List
(March 24, 2004)

IRS Notice 2003-68 - Purchase of Loans by a CDE
(September 23, 2003)

IRS Notice 2003-64 - Use of Intermediaries
(September 8, 2003)

IRS Notice 2003-56: Qualified Equity Investments
(July 24, 2003)

IRS Notice 2003-9: Extension of 'Look Back' Period
(January 9, 2003)

IRS Notice 2002-64: NMTC Not Limited By Other Federal Tax Benefits
(September 20, 2002)

IRS Notice 2001-75: NMTC Equity Investment Eligibility
(December 17, 2001)

IRS Notice: Invitation for Comments on NMTC Guidance
(May 1, 2001)

Revenue Rulings

Revenue Ruling 2003-20: Partnership Purchases of a Qualified Equity Investment
(January 23, 2003)

Private Letter Rulings

PLR 200644044 - IRC Section 501(c)(3) - Entity Formed to Provide Services to NMTC Subsidiary of CDFI Doesn't Qualify for Tax Exemption
(November 3, 2006)

PLR 200331008 - IRC Section 4944 - Taxes on Investments Which Jeopardize Charitable Purpose
(August 4, 2003)

PLR 200331007 - IRC Section 4944 - Taxes on Investments Which Jeopardize Charitable Purpose
(August 4, 2003)

PLR 200331006 - IRC Section 4944 - Taxes on Investments Which Jeopardize Charitable Purpose
(August 4, 2003)

PLR 200331005 - IRC Section 4944 - Taxes on Investments Which Jeopardize Charitable Purpose
(August 4, 2003)

PLR 200211052: Income from Redeveloping Blighted Area not UBTI
(March 18, 2002)

PLR 8931001: Investment Tax Credit - Partnership Allocations

PLR 200006016: Definition of DC Zone Business
(February 11, 2000)

OCC Guidance

Proposed Revisions to the Interagency Questions and Answers Regarding Community Reinvestment
Office of the Comptroller of the Currency, Treasury (OCC); Board of Governors of the Federal Reserve System; and Federal Deposit Insurance Corporation (FDIC)
(July 11, 2007)

OCC Community Development Investment Letter #2004-3: National Bank May Invest in a CDE formed under the NMTC program which acquires real estate loan made to QALICB

OCC Interpretive Letter # 996: National Bank is Authorized to Acquire Non-controlling Interest in an LLC that Generates NMTCs
(July 6, 2004) 

Compliance Corner: Expanding Your CRA Reach with CD Banks and CDFIs
(Summer 2004)

Legal Authority for National Bank Investments in Subsidiary Community Development Entities and NMTCs
(Summer 2004)

OCC Interpretive Letter # 984: Treatment of NMTC investments under CRA 
(December 17, 2003)

GAO Reports

New Markets Tax Credit Appears to Increase Investment by Investors in Low-Income Communities, but Opportunities Exist to Better Monitor Compliance
Goverment Accountability Office (GAO)
(January 31, 2007)

Community Development: Federal Revitalization Programs Are Being Implemented, but Data on the Use of Tax Benefits Are Limited
General Accounting Office (GAO)
(March 5, 2004)

"New Markets Tax Credit Program: Progress Made in Implementation, but Further Actions Needed to Monitor Compliance"
General Accounting Office (GAO) Report to Congressional Committees
(January 2004)