(a) Even when an Event of Noncompliance is corrected,
the Department is required to file IRS Form 8823 with the IRS. When
required, IRS Form 8823 generally will be filed not later than 45
days after the end of the correction period specified in the Notice
to Owner (including any extensions permitted by the Department) but
will not be filed before the end of the correction period. The Department
will indicate on IRS Form 8823 the nature of the noncompliance and
will indicate whether the Development Owner has corrected the noncompliance.
(b) The Department will retain records of noncompliance
or failure to certify for six years beyond the Department's filing
of the respective IRS Form 8823.
(c) The Department will send the Owner of record copies
of any IRS Forms 8823 submitted to the IRS.
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