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Section 42, Low-Income Housing Credit Average Income Test Regulations; Correction

---
identifier: "/us/fr/2022-24636"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Section 42, Low-Income Housing Credit Average Income Test Regulations; Correction"
title_number: 0
title_name: "Federal Register"
section_number: "2022-24636"
section_name: "Section 42, Low-Income Housing Credit Average Income Test Regulations; Correction"
positive_law: false
currency: "2022-11-14"
last_updated: "2022-11-14"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Treasury Department"
document_number: "2022-24636"
document_type: "rule"
publication_date: "2022-11-14"
agencies:
  - "Treasury Department"
  - "Internal Revenue Service"
cfr_references:
  - "26 CFR Part 1"
rin: "1545-BO92"
fr_citation: "87 FR 68048"
fr_volume: 87
docket_ids:
  - "TD 9967"
effective_date: "2022-11-14"
fr_action: "Correcting amendments."
---

#  Average income test.

**AGENCY:**

Internal Revenue Service (IRS), Treasury.

**ACTION:**

Correcting amendments.

**SUMMARY:**

This document contains corrections to the final regulations (Treasury Decision 9967) published in the *Federal Register* on Wednesday, October 12, 2022. This correction includes final and temporary regulations setting forth guidance on the average income test for purposes of the low-income housing credit.

**DATES:**

These corrections are effective on *November 14, 2022* and applicable on or after October 12, 2022.

**FOR FURTHER INFORMATION CONTACT:**

Concerning the regulations, Dillon Taylor at (202) 317-4137.

**SUPPLEMENTARY INFORMATION:**

**Background**

The final regulations (TD 9967) subject to this correction are issued under section 42 of the Internal Revenue Code.

**List of Subjects in 26 CFR Part 1**

Income taxes, Reporting and recordkeeping requirements.

**Correction of Publication**

Accordingly, 26 CFR part 1 is corrected by making the following correcting amendments:

**PART 1—INCOME TAXES**

**26 CFR Part 1**

* Paragraph 1.* The authority citation for part 1 continues to read in part as follows:

**Authority:**

26 U.S.C. 7805 * * *

**26 CFR Part 1**

*Par. 2.* Section 1.42-19 is amended by revising the first sentence of paragraph (d)(1)(v) to read as follows:

§ 1.42-19

(d) * * *

(1) * * *

(v) * * * If one or more units lose low-income status or if there is a change in the imputed income limitation of some unit and if either event would cause a previously qualifying group of units to cease to be described in paragraph (b)(2)(ii) of this section, then the taxpayer may designate an imputed income limitation for a market-rate unit or may reduce the existing imputed income limitations of one or more other units in the project in order to restore compliance with the average income requirement. * * *

Oluwafunmilayo A. Taylor,

Branch Chief, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration).