Application Process and Administrative Fees

(1) Application. Project applicants seeking an allocation of Massachusetts low-income housing tax credit shall include a request for such credit allocation in the same application to be filed with the Department through which such proponent requests an allocation of federal low-income housing tax credit. With respect to projects described in 760 CMR 54.09(1)(b), the request for Massachusetts low-income housing tax credit shall be made in the form of a letter to the Department accompanied by: (a) a copy of the applicant's submission to the agency providing the tax-exempt bond financing for the project; and (b) such additional information as would be included in an application to the Department for a federal low-income housing tax credit allocation. The Department shall issue guidance describing any additional information to be included with credit requests. The Department may require that the applicant provide analyses of alternative funding scenarios that allow the Department to evaluate the comparative efficiency of allocating varying levels of federal and Massachusetts low-income housing tax credit to such proposed project. (2) Filing Fee. Each application seeking an allocation of Massachusetts low-income housing tax credit shall be accompanied by a filing fee set by the Department which shall be payable to the Commonwealth of Massachusetts. (3) Opinion of Counsel. Prior to approval of a credit request, the applicant shall provide an opinion of tax counsel or other documentation satisfactory to the department to verify that the donor making the qualified donation will qualify for a Federal charitable deduction based on the fair market value of the qualified donation.