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IRS Form 8586 is used to claim the low-income housing credit for new qualified buildings placed in service after 1986. This general business credit is generally taken over a 10-year period.
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IRS Form 8586 is used to claim the low-income housing credit for new qualified buildings placed in service after 1986. This general business credit is generally taken over a 10-year period.
Plain English
This form lets you claim a tax credit earned from owning or managing a qualifying rental building that meets certain income requirements. If your entity is not a partnership, S corporation, estate, or trust, you report this amount on Form 3800 instead of filling out the whole Form 8586.
Submission Date
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Entity is an Estate or Trust
You must subtract line 6 from line 5 and report this result on Part III, line 4d.
✓ Check Line 7 calculation.
Entity is a Partnership or S Corp
Stop here after completing lines 3 and 4 and report the amount on your respective schedule's K column.
✓ Check if you need to attach schedules for basis decreases.
Credit is from a building with decreased qualified basis
A decrease in qualified basis requires checking Line 2; use this form to report the resulting credit or recapture situation.
✓ Ensure all associated BINs are listed on Line 2 if applicable.
The low-income housing credit is generally taken over a 10-year credit period. A 15-year compliance period exists during which the building must meet certain requirements, triggering potential recapture obligations.
Checklist
Purpose of Form
Use Form 8586 to claim the low-income housing credit. · General Instructions
Credit Period
Generally, it is taken over a 10-year credit period. · General Instructions
Allocation Requirement
Except for buildings financed with certain tax-exempt bonds, an allocation from the housing credit agency is required. · General Instructions
Recapture Trigger (Basis)
A decrease in qualified basis from the previous year may require recapturing a part of the credit taken. · Line 2 / General Instructions
Land Definition
"Land on which the building is located" includes only land that is functionally related and subordinate to the qualified low-income building. · General Instructions
Recordkeeping Period
Keep copies of Form 8586, Forms 8609, 8609-A, and 8611 for 3 years after the 15-year compliance period ends. · General Instructions
Credit Limit
The credit cannot exceed the amount allocated to the building (See section 42(h)(1)). · General Instructions
Field map
General Info
2 items
Full legal name and taxpayer identification number (SSN or EIN).
Current mailing address.
Details
2 items
Complete all applicable sections of this form according to the official IRS instructions.
Enter the relevant dollar amount if this form involves tax calculation.
Certification
1 items
Read and acknowledge any certifications required by this form.
Signatures
1 items
Sign and date. Unsigned forms cannot be processed.
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Fillable formOpen in Editor->The current edition is Revision December 2023 (12/23). The form directs users to www.irs.gov/Form8586 for the latest information; specifically, lines 5 and 7 no longer include column references due to a Form 3800 redesign.
Quick Facts
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Who must file Form 8586?
Taxpayers are generally required to use this form to claim the low-income housing credit.
→ Check if you fall into one of the exceptions listed on line 4.
What happens if my building's qualified basis decreases?
If there is a decrease, you may have to recapture part of the credit taken; enter the Building Identification Numbers (BINs) on line 2.
→ Verify that you are entering the correct BINs corresponding to the decreased basis buildings.
Do I need to file Form 8586 if I am an S corporation?
Partnerships and S corporations must report the amount on Schedule K, but they still use Form 8586 to calculate it.
→ Ensure the credit amount reported on Form 3800 matches what is calculated here.
What do I do with the final credit amount if I am an estate or trust?
Report line 7 (the net amount after subtracting beneficiaries' allocations) on Form 3800, Part III, line 4d.
→ Confirm that you have subtracted Line 6 from Line 5 before reporting to Form 3800.
What if my credit comes only from a pass-through entity?
If you are not the partnership/S corp/estate/trust itself, you might report it directly on Form 3800 instead of filing this form.
→ Check your business structure against the requirements listed in line 4.
When do I need to keep all my records?
Keep a copy of Form 8586 and related forms for 3 years after the 15-year compliance period ends.
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⚠ If something goes wrong
This form lets you claim a tax credit earned from owning or managing a qualifying rental building that meets certain income requirements. If your entity is not a partnership, S corporation, estate, or trust, you report this amount on Form 3800 instead of filling out the whole Form 8586.
Estates and trusts must file IRS Form 8586 to claim the low-income housing credit. All other taxpayers (except partnerships, S corporations, or estates/trusts whose only source is pass-through entities) are not required to complete or file this form.
The form collects details on the amount allocated to beneficiaries of an estate or trust (Line 6), and it allows for reporting amounts subtracted from Line 5 (Line 7). If applicable, line 4 includes low-income housing credits from passive activities disallowed in prior years.
The credit is generally taken over a 10-year period. There is also a 15-year compliance period during which the building must meet certain requirements.
The form does not specify a service center, but for latest developments, users should go to www.irs.gov/Form8586.
The filer must complete the form, paying attention to whether they are an estate/trust (reporting on Line 6) or another entity. If the entity is subject to passive activity rules, Form 8582-CR determines the allowed credit that must be allocated between the entity and beneficiaries before reporting it. A copy of Form 8586 should be kept for 3 years after the 15-year compliance period ends.
If credits must be recaptured due to basis reduction or disposition, the filer must use Form 8611; failing to do so means the recapture is not properly accounted for under section 42(j).
Taxpayers are generally required to use this form to claim the low-income housing credit. Check if you fall into one of the exceptions listed on line 4.
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