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Form DTF-626: Recapture of Low-Income Housing Credit (2026)

Last reviewed: 2025-10-29

Use the New York Tax Form Calculator Form DTF-626 — Recapture of Low-Income Housing Credit as a stand alone tax form calculator to quickly calculate specific amounts for your 2026 New York state tax return. Alternatively, you can use one of our Combined Federal and State Tax Estimators to quickly calculate your salary, tax, and take-home pay.

Form DTF-626 must be filed when a building previously certified under the New York State low-income housing credit (SLIHC) program no longer meets the eligibility criteria or experiences a reduction in qualified basis during its compliance period. The form computes the amount of credit claimed in prior years that must be recaptured and added back to the owner’s tax liability.

The recapture obligations apply to owners, transferees, partnerships, S-corporations, trusts or estates that claimed credit using Form DTF-624 and subsequently face a decrease in qualified basis, a violation of low-income unit set-aside or other qualifying event. Accurate early filing helps mitigate penalties and interest.

  1. When recapture is required: You must file DTF-626 if the qualified basis of the building decreases from one year to the next, the building fails to meet the low-income set-aside requirements under PHL Article 2-A or IRC §42, you dispose of an ownership interest subject to §42(j)(5) or there is a casualty loss that reduces eligibility.
  2. Who must file: The building owner or transferee who claimed the credit in previous years is liable. Flow-through entities must ensure the credit recapture passes to partners or shareholders as required.
  3. Computation steps: DTF-626 Part 2 requires you to enter the total credits claimed for the building in prior years (line 1), subtract credits attributable to additions to basis (line 2), and compute the portion subject to recapture (line 3).
  4. Submission and payment: File a separate DTF-626 for each building impacted, attach to your tax return for the year the disqualifying event occurred, and pay any additional tax resulting from the recapture as prescribed in the instructions.
  5. Record-keeping: Retain all relevant forms (DTF-625, DTF-625-ATT, DTF-624, DTF-626) and documentation for three years after the 15-year compliance period ends.
Recapture of Low-Income Housing Credit
Part 2
Note: If recapture is passed through from a flow-through entity (partnership, New York S corporation, estate, or trust), skip lines 1 through 7 and go to line 8.
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Part 3 – Only IRC section 42(j)(5) partnerships need to complete lines 16 and 17
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Line 2 Worksheet
(See line 2 instructions before completing.)
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Line 9 Worksheet
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Detailed Analysis and Practical Example

Suppose you claimed $100,000 cumulative low-income housing credit for Building A over prior years. In the current year a change reduced the qualified basis by 20 %. You determined that credits from basis additions were $5,000 (line 2). Your recapture pool = $100,000 − $5,000 = $95,000 (line 3). You must report that amount on DTF-626 and include it in your tax liability for the year of the event.

If the event is a partial interest disposal, you must determine the ownership percentage disposed, compute the affected portion of basis reduction and apply recapture accordingly. Failure to correctly allocate can trigger penalties and interest from the New York State Department of Taxation and Finance.

Credit recapture may also apply when the building fails to comply with the minimum low-income tenant or rent restrictions at any time during the credit or recapture period. Auditors focus on lease audits, unit income certifications and occupancy ratios when reviewing such events.

Even when a recapture event occurs in a future year, owners need to monitor the impact on unused credits, carry-forwards and overall tax-planning. Early notice of basis reductions, ownership changes or set-aside failures allows strategic timing of recapture inclusion and minimises adverse tax adjustments.

Flow-through entities must pass the recapture obligation to underlying owners. For example, a partnership owning a qualified building must report DTF-626 information and ensure partners receive K-1’s reflecting their share of recapture, which they then attach to their personal returns.

Last reviewed: 2025-10-29: If you believe this form requires an update, please contact us.

Audit Defence & Forward Planning

Maintain an audit packet containing the original allocation (DTF-625), annual statements (DTF-625-ATT), building ownership changes, basis schedules and tenant compliance reports. Without this supporting file the Department may impose full recapture and penalties.

Before disposing any interest in a low-income housing building subject to the SLIHC program, consider the potential recapture exposure. Perform a pre-closing review with tax and legal counsel to identify and mitigate recapture triggers (e.g., basis reduction, transfer within the recapture period, lease violations).

For transferee-structures where credits are sold or transferred, confirm the building has remained compliant throughout both owner and transferee periods. Credit recapture by a prior owner may affect transferee claims if the events occurred during their period or prior-owner period. Ensure your acquisition agreement addresses recapture liability clearly.

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Frequently Asked Questions

Who qualifies to claim the QETC Capital Credit?

Individuals, corporations, and partnerships that invest in a certified QETC located in New York State may claim this credit. The investment must be in qualified stock or partnership interest held for at least four years.

Who qualifies for the MCTMT START-UP NY exemption?

Approved START-UP NY businesses operating in a designated tax-free area within the MCTD can exclude payroll paid for work performed in that area from the MCTMT base. Self-employed individuals (including partners) may exclude net earnings attributable to the tax-free area. See our guide: MCTMT — START-UP NY.

Can I offset Yonkers nonresident tax with credits on my NY return?

No — the Yonkers tax is a local levy and cannot be offset by NYS credits, but it may be deductible as a local tax on your federal return if you itemize.

Are HSA contributions deductible for New York tax?

No—unlike the federal system, New York does not allow an HSA deduction.

Can I claim both IT-112-C and a federal foreign tax credit?

Yes, but avoid double benefits. If you use Canadian tax to claim a federal FTC, reduce the NY credit computation accordingly. Walk-through: IT-112-C.

Important Notes

All calculations are estimates for guidance only. Always review your return and consider professional advice when submitting official filings.