Attach to Form 990 or Form 990-EZ.
Go to
www.irs.gov/Form990 for the latest information.
| (i) Name of supported organization | (ii) EIN | (iii) Type of organization (described on lines 1- 10 above (see instructions)) | (iv) Is the organization listed in your governing document? | (v) Amount of monetary support (see instructions) | (vi) Amount of other support (see instructions) | |
|---|---|---|---|---|---|---|
| Yes | No | |||||
| (A)
CITY OF YONKERS |
136007340 | 6 | No | 0 | 0 | |
|
Total 1
|
0 | 0 | ||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2014 | (b) 2015 | (c) 2016 | (d) 2017 | (e) 2018 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grant.") .. | ||||||
| 2 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.... | ||||||
| 3 | The value of services or facilities furnished by a governmental unit to the organization without charge.. | ||||||
| 4 | Total. Add lines 1 through 3 | ||||||
| 5 | The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f).. | ||||||
| 6 | Public support. Subtract line 5 from line 4. | ||||||
Calendar year
(or fiscal year beginning in) ![]() |
(a) 2014 | (b) 2015 | (c) 2016 | (d) 2017 | (e) 2018 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 7 | Amounts from line 4.. | ||||||
| 8 | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources... | ||||||
| 9 | Net income from unrelated business activities, whether or not the business is regularly carried on.. | ||||||
| 10 | Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.).. | ||||||
| 11 | Total support. Add lines 7 through 10 | ||||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2014 | (b) 2015 | (c) 2016 | (d) 2017 | (e) 2018 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") . | ||||||
| 2 | Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose | ||||||
| 3 | Gross receipts from activities that are not an unrelated trade or business under section 513 ..... | ||||||
| 4 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf... | ||||||
| 5 | The value of services or facilities furnished by a governmental unit to the organization without charge | ||||||
| 6 | Total. Add lines 1 through 5 | ||||||
| 7a | Amounts included on lines 1, 2, and 3 received from disqualified persons | ||||||
| b | Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year. | ||||||
| c | Add lines 7a and 7b.. | ||||||
| 8 | Public support. (Subtract line 7c from line 6.) | ||||||
Calendar year (or fiscal year beginning in) ![]() |
(a) 2014 | (b) 2015 | (c) 2016 | (d) 2017 | (e) 2018 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 9 | Amounts from line 6... | ||||||
| 10a | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources.. | ||||||
| b | Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975. | ||||||
| c | Add lines 10a and 10b. | ||||||
| 11 | Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on. | ||||||
| 12 | Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.) .. | ||||||
| 13 | Total support. (Add lines 9, 10c, 11, and 12.).. | ||||||
| Section A - Adjusted Net Income | (A) Prior Year |
(B) Current Year (optional) |
||||
| 1 | Net short-term capital gain | 1 | ||||
| 2 | Recoveries of prior-year distributions | 2 | ||||
| 3 | Other gross income (see instructions) | 3 | ||||
| 4 | Add lines 1 through 3 | 4 | ||||
| 5 | Depreciation and depletion | 5 | ||||
| 6 | Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of income (see instructions) | 6 | ||||
| 7 | Other expenses (see instructions) | 7 | ||||
| 8 | Adjusted Net Income (subtract lines 5, 6 and 7 from line 4) | 8 | ||||
| Section B - Minimum Asset Amount | (A) Prior Year |
(B) Current Year (optional) |
||||
| 1 | Aggregate fair market value of all non-exempt-use assets (see instructions for short tax year or assets held for part of year): | 1 | ||||
| a | Average monthly value of securities | 1a | ||||
| b | Average monthly cash balances | 1b | ||||
| c | Fair market value of other non-exempt-use assets | 1c | ||||
| d | Total (add lines 1a, 1b, and 1c) | 1d | ||||
| e |
Discount claimed for blockage or other factors (explain in detail in Part VI): |
|||||
| 2 | Acquisition indebtedness applicable to non-exempt use assets | 2 | ||||
| 3 | Subtract line 2 from line 1d | 3 | ||||
| 4 | Cash deemed held for exempt use. Enter 1-1/2% of line 3 (for greater amount, see instructions). | 4 | ||||
| 5 | Net value of non-exempt-use assets (subtract line 4 from line 3) | 5 | ||||
| 6 | Multiply line 5 by .035 | 6 | ||||
| 7 | Recoveries of prior-year distributions | 7 | ||||
| 8 | Minimum Asset Amount (add line 7 to line 6) | 8 | ||||
| Section C - Distributable Amount | Current Year | |||||
| 1 | Adjusted net income for prior year (from Section A, line 8, Column A) | 1 | ||||
| 2 | Enter 85% of line 1 | 2 | ||||
| 3 | Minimum asset amount for prior year (from Section B, line 8, Column A) | 3 | ||||
| 4 | Enter greater of line 2 or line 3 | 4 | ||||
| 5 | Income tax imposed in prior year | 5 | ||||
| 6 | Distributable Amount. Subtract line 5 from line 4, unless subject to emergency temporary reduction (see instructions) | 6 | ||||
| Section D - Distributions | Current Year | |
|---|---|---|
| 1 Amounts paid to supported organizations to accomplish exempt purposes | ||
|
2
Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from activity |
||
| 3 Administrative expenses paid to accomplish exempt purposes of supported organizations | ||
| 4 Amounts paid to acquire exempt-use assets | ||
| 5 Qualified set-aside amounts (prior IRS approval required) | ||
| 6 Other distributions (describe in Part VI). See instructions | ||
| 7Total annual distributions. Add lines 1 through 6. | ||
|
8
Distributions to attentive supported organizations to which the organization is responsive (provide details in Part VI). See instructions |
||
| 9 Distributable amount for 2018 from Section C, line 6 | ||
| 10 Line 8 amount divided by Line 9 amount | ||
| Section E - Distribution Allocations (see instructions) |
(i) Excess Distributions |
(ii) Underdistributions Pre-2018 |
(iii) Distributable Amount for 2018 |
|
|---|---|---|---|---|
|
1
Distributable amount for 2018 from Section C, line 6 |
||||
|
2
Underdistributions, if any, for years prior to 2018 (reasonable cause required-- explain in Part VI). See instructions. |
||||
| 3 Excess distributions carryover, if any, to 2018: | ||||
| a From 2013....... | ||||
| b From 2014....... | ||||
| c From 2015....... | ||||
| d From 2016....... | ||||
| e From 2017....... | ||||
| fTotal of lines 3a through e | ||||
| g Applied to underdistributions of prior years | ||||
| h Applied to 2018 distributable amount | ||||
|
i
Carryover from 2013 not applied (see instructions) |
||||
| j Remainder. Subtract lines 3g, 3h, and 3i from 3f. | ||||
| 4Distributions for 2018 from Section D, line 7: | ||||
| $ | ||||
| a Applied to underdistributions of prior years | ||||
| b Applied to 2018 distributable amount | ||||
| c Remainder. Subtract lines 4a and 4b from 4. | ||||
|
5
Remaining underdistributions for years prior to 2018, if any. Subtract lines 3g and 4a from line 2. If the amount is greater than zero, explain in Part VI. See instructions. |
||||
|
6
Remaining underdistributions for 2018. Subtract lines 3h and 4b from line 1. If the amount is greater than zero, explain in Part VI. See instructions. |
||||
|
7 Excess distributions carryover to 2019. Add lines 3j and 4c. |
||||
| 8 Breakdown of line 7: | ||||
| a Excess from 2014...... | ||||
| b Excess from 2015..... | ||||
| c Excess from 2016..... | ||||
| d Excess from 2017..... | ||||
| e Excess from 2018..... | ||||
| Facts And Circumstances Test |
|---|
| Return Reference | Explanation |
|---|---|
| PART IV, SECTION A, LINE 1: | THE SUPPORTED ORGANIZATION IS NOT LISTED IN THE CORPORATION'S GOVERNING DOCUMENTS. THE CORPORATION SUPPORTS THE CITY OF YONKERS WHICH SUPPORTS THE SAME CHARITABLE CLASS FOR INDIVIDUALS IN CONNECTION WITH THE GOALS OF THE MUNICIPAL HOUSING AUTHORITY FOR THE CITY OF YONKERS, NEW YORK ("MHACY"). THEREFORE, QUESTION ONE HAS BEEN ANSWERED NO. |
| PART IV, SECTION A, LINE 2: | THE CORPORATION SUPPORTS THE CITY OF YONKERS (THE "CITY"). THE CITY IS A LOCAL GOVERNMENT UNDER SECTION 170(B)(1)(A)(V) AND IS NOT REQUIRED TO OBTAIN RECOGNITION OF ITS PUBLIC CHARITY STATUS. THE CORPORATION DETERMINED THAT THE CITY WOULD BE DESCRIBED IN SECTION 509(A)(2) AS IT SERVES THE NEEDS OF THE GENERAL PUBLIC. |
| PART IV, SECTION E, LINE 1C: | I. THE CORPORATION SUPPORTS THE CITY OF YONKERS (THE "CITY"). THE CITY IS A LOCAL GOVERNMENT UNDER SECTION 170(B)(1)(A)(V). THE CORPORATION SUPPORTS THE CITY OF YONKERS WHICH SUPPORTS THE SAME CHARITABLE CLASS FOR INDIVIDUALS IN CONNECTION WITH THE GOALS OF THE MUNICIPAL HOUSING AUTHORITY FOR THE CITY OF YONKERS, NEW YORK. |
| Software ID: | |
| Software Version: |
Attach to Form 990 or 990-EZ.
Go to www.irs.gov/Form990 for the latest information.
| Return Reference | Explanation |
|---|---|
| FORM 990, PART VI, SECTION A, LINE 3 | THE ORGANIZATION HAS A MANAGEMENT AGREEMENT FOR CERTAIN ADMINISTRATIVE AND CONSULTING SERVICES WITH THE FRESNEL GROUP. THE FRESNEL GROUP SHALL PROVIDE FINANCIAL, ADMINISTRATIVE, AND PROGRAM AND DEVELOPMENT MANAGEMENT SERVICES TO ASSIST THE ORGANIZATION IN THE IMPLEMENTATION AND MANAGEMENT OF ITS RENTAL ASSISTANCE PROGRAMS. THERE ARE NO INDIVIDUALS REPORTED IN PART VII, SECTION A, WHO ARE COMPENSATED FOR SERVICES PROVIDED TO THE FILING ORGANIZATION AND RELATED ORGANIZATIONS DURING THE YEAR. |
| FORM 990, PART VI, SECTION A, LINE 4 | THE ORGANIZATION AMENDED ITS BYLAWS DURING 2018. THE NUMBER OF DIRECTORS CONSTITUTING THE BOARD SHALL BE NO FEWER THAN NINE (9) AND NO MORE THAN (15). THREE MEMBERS OF THE BOARD SHALL BE MHACY-AFFILIATED, TO WIT, EITHER AN EMPLOYEE OR A MHACY COMMISSIONER. ALL MHACY-AFFILIATED MEMBERS SHALL BE APPOINTED BY THE MAYOR OF THE CITY OF YONKERS. THE TERM OF OFFICE OF A DIRECTOR SHALL BE TWO YEARS. A CHAIRPERSON/VICE-CHAIRPERSON OF THE BOARD OF DIRECTORS POSITION WAS PUT IN PLACE. |
| FORM 990, PART VI, SECTION A, LINE 7A | ALL "MHACY" AFFILIATED MEMBERS SHALL BE APPOINTED BY THE MAYOR OF THE CITY OF YONKERS. |
| FORM 990, PART VI, SECTION B, LINE 11B | THE ORGANIZATION HAS ITS FORM 990 PREPARED BY AN OUTSIDE ACCOUNTING FIRM AND HAS ESTABLISHED THE FOLLOWING REVIEW PROCESS TO ENSURE THAT THE INFORMATION REPORTED IS COMPLETE AND ACCURATE. WHEN THE FORM 990 HAS BEEN PREPARED, REVIEWED BY MANAGEMENT AND IS READY TO BE FILED WITH THE INTERNAL REVENUE SERVICE, IT IS ELECTRONICALLY SENT TO THE BOARD FOR APPROVAL. ONCE THE BOARD HAS APPROVED THE RETURN IT IS FILED WITH THE INTERNAL REVENUE SERVICE. |
| FORM 990, PART VI, SECTION B, LINE 12C | THE CONFLICT OF INTEREST POLICY COVERS ALL DIRECTORS, PRINCIPAL OFFICERS, OR MEMBER OF A COMMITTEE WITH GOVERNING BOARD DELEGATED POWERS, WHO HAS A DIRECT OR INDIRECT FINANCIAL INTEREST. AFTER DISLCOSURE OF THE FINANCIAL INTEREST AND ALL MATERIAL FACTS, AND AFTER ANY DISCUSSION WITH THE INTERESTED PERSON, HE/SHE SHALL LEAVE THE GOVERNING BOARD OR COMMITTEE MEETING WHILE THE DETERMINATION OF A CONFLICT OF INTEREST IS DISCUSSED AND VOTED UPON. THE REMAINING BOARD OR COMITTEE SHALL DECIDE IF A CONFLICT OF INTEREST EXISTS. THE GOVERNING BOARD OR COMMITTEE SHALL REVIEW THE CONFLICT OF INTEREST AND DETERMINE BY MAJORITY VOTE WHETHER THE TRANSACTION OR ARRANGEMENT IS IN THE ORGANIZATION'S BEST INTEREST, FOR ITS OWN BENEFIT, AND WHETHER IT IS FAIR AND REASONABLE. |
| FORM 990, PART VI, SECTION C, LINE 19 | THE ORGANIZATION MAKES ITS FORM 990 AVAILABLE FOR PUBLIC INSPECTION AS REQUIRED UNDER SECTION 6104 OF THE INTERNAL REVENUE CODE. THE RETURN IS POSTED ON GUIDESTAR.ORG AND OTHER SIMILAR TYPES OF WEBSITES. IN ADDITION, THE FINANCIAL STATEMENTS, CONFLICT OF INTEREST POLICY, ARTICLES OF INCORPORATION AND BY-LAWS ARE ALSO AVAILABLE UPON WRITTEN REQUEST AT 1511 CENTRAL PARK AVENUE, YONKERS, NY 10710 OR BY CALLING THE ORGANIZATION DIRECTLY AT 410-505-8936. |
| FORM 990, LINE 1: | ELECTION PURSUANT TO INTERNAL REVENUE CODE SECTION 168(H)(6)(F) ELECTION TO BE TREATED AS A TAXABLE ENTITY REFERENCE IS MADE TO SEVEN TOWNHOMES, L.P., A NEW YORK LIMITED PARTNERSHIP (THE "PARTNERSHIP"), OF WHICH MHACY TOWNHOMES GP LLC, A NEW YORK LIMITED LIABILITY COMPANY (THE "GENERAL PARTNER") IS THE GENERAL PARTNER AND WINCOPIN CIRCLE, LLLP, A MARYLAND LIMITED LIABILITY LIMITED PARTNERSHIP (THE LIMITED PARTNER"). THE MULFORD CORPORATION, A NEW YORK NOT-FOR-PROFIT CORPORATION (THE "EXEMPT ORGANIZATION") OWNS 100% OF THE ISSUED AND OUTSTANDING SHARES OF THE GENERAL PARTNER. WE ARE THE ACCOUNTANTS FOR THE EXEMPT ORGANIZATION. SECTION 168(H) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE") PROVIDES THAT WHERE A "TAX-EXEMPT CONTROLLED ENTITY" IS A PARTNER IN A PARTNERSHIP, AND THE ALLOCATION OF CERTAIN TAX ITEMS TO THAT PARTNER IS NOT A "QUALIFIED ALLOCATION" (AS THAT TERM IS DEFINED IN SECTION 168(H)(6)(B) OF THE CODE), THEN A "PROPORTIONATE SHARE" OF THE PARTNERSHIP'S PROPERTY, EQUAL TO THAT PARTNER'S HIGHEST SHARE IN THE PARTNERSHIP'S INCOME OR GAIN OF THE PARTNERSHIP, IS CONSIDERED "TAX EXEMPT USE PROPERTY AND MUST BE DEPRECIATED USING THE ALTERNATIVE DEPRECIATION SYSTEM" PROVIDED BY SECTION 168(G) OF THE CODE. HOWEVER, NO PORTION OF THE PARTNERSHIP'S PROPERTY WILL BE TREATED AS TAX-EXEMPT USE PROPERTY AND DEPRECIATED USING THE ALTERNATIVE DEPRECIATION SYSTEM IF THE TAX-EXEMPT CONTROLLED ENTITY MAKES AN ELECTION (THE "SECTION 168(H)(6) ELECTION") UNDER SECTION 168(H)(6)(F)(II) TO NOT BE TREATED AS A TAX-EXEMPT ENTITY FOR PURPOSES OF SECTIONS 168(H)(5) AND (6) OF THE CODE. WE UNDERSTAND THAT IT IS MATERIAL TO THE LIMITED PARTNER THAT THE PARTNERSHIP'S PROPERTY NOT BE DEPRECIATED USING THE ALTERNATIVE DEPRECIATION SYSTEM, AND THAT THE LIMITED PARTNER ARE MAKING THEIR INVESTMENT IN RELIANCE UPON THE COVENANT OF THE GENERAL PARTNER AND THE EXEMPT ORGANIZATIONS TO ASSURE THAT A PROPER AND TIMELY SECTION 168(H)(6) ELECTION IS MADE. AS THE ACCOUNTANTS FOR THE EXEMPT ORGANIZATION, WE ACKNOWLEDGE THAT THE GENERAL PARTNER AND LIMITED PARTNER INTEND THAT THE SECTION 168(H)(6) ELECTION BE MADE ON A TIMELY BASIS. WE UNDERSTAND THAT: 1. THE SECTION 168(H)(6) ELECTION MUST BE MADE BY THE DUE DATE (INCLUDING EXTENSIONS) OF THE TAX RETURN FOR THE FIRST TAX YEAR THAT THE ELECTION APPLIES. WE EXPECT THIS DUE DATE (BEFORE EXTENSIONS) TO BE MAY15, 2019, WHICH IS MAY 15 FOR THE YEAR FOLLOWING THE YEAR IN WHICH ALL OR ANY PORTION OF THE PARTNERSHIP'S HOUSING PROJECT IS PLACED IN SERVICE. 2. THE SECTION 168(H)(6) ELECTION MUST BE ATTACHED TO THE GENERAL PARTNER'S TAX RETURN, WITH A COPY ATTACHED TO THE TAX RETURN OF THE EXEMPT ORGANIZATION. 3. THE SECTION 168(H)(6) ELECTION SHALL: A. CONTAIN THE NAME, ADDRESS AND TAXPAYER IDENTIFICATION NUMBER OF THE GENERAL PARTNER, B. IDENTIFY THE ELECTION AS A SECTION 168(H)(6) ELECTION, C. STATE THAT THE ELECTION APPLIES TO ALL OF THE GENERAL PARTNER'S PROPERTY, AND THAT THE ELECTION APPLIES TO THE TAXABLE YEAR THAT THE PARTNERSHIP'S PROPERTY IS PLACED IN SERVICE AND ALL SUBSEQUENT YEARS, D. STATE THAT THE GENERAL PARTNER IS ENTITLED TO MAKE THE ELECTION BECAUSE IT IS A TAX-EXEMPT CONTROLLED ENTITY THAT IS TIMELY FILING THE ELECTION, AND E. INCLUDE SUCH OTHER INFORMATION AND COMPLY WITH SUCH OTHER REQUIREMENTS AS MAY BE DETERMINED BY THE INTERNAL REVENUE SERVICE OR THE UNITED STATES TREASURY DEPARTMENT. EXECUTED THIS 19TH DAY OF JULY, 2019 |
| FORM 990, LINE 1: | ELECTION PURSUANT TO INTERNAL REVENUE CODE SECTION 168(H)(6)(F) ELECTION TO BE TREATED AS A TAXABLE ENTITY REFERENCE IS MADE TO YONKERS PRESERVATION MANAGERS, LLC, A NEW YORK LIMITED PARTNERSHIP (THE "PARTNERSHIP"), OF WHICH MHACY TOWNHOMES GP LLC, A NEW YORK LIMITED LIABILITY COMPANY (THE "GENERAL PARTNER") IS THE GENERAL PARTNER AND WINCOPIN CIRCLE, LLLP, A MARYLAND LIMITED LIABILITY LIMITED PARTNERSHIP (THE LIMITED PARTNER"). THE MULFORD CORPORATION, A NEW YORK NOT-FOR-PROFIT CORPORATION (THE "EXEMPT ORGANIZATION") OWNS 100% OF THE ISSUED AND OUTSTANDING SHARES OF THE GENERAL PARTNER. WE ARE THE ACCOUNTANTS FOR THE EXEMPT ORGANIZATION. SECTION 168(H) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE") PROVIDES THAT WHERE A "TAX-EXEMPT CONTROLLED ENTITY" IS A PARTNER IN A PARTNERSHIP, AND THE ALLOCATION OF CERTAIN TAX ITEMS TO THAT PARTNER IS NOT A "QUALIFIED ALLOCATION" (AS THAT TERM IS DEFINED IN SECTION 168(H)(6)(B) OF THE CODE), THEN A "PROPORTIONATE SHARE" OF THE PARTNERSHIP'S PROPERTY, EQUAL TO THAT PARTNER'S HIGHEST SHARE IN THE PARTNERSHIP'S INCOME OR GAIN OF THE PARTNERSHIP, IS CONSIDERED "TAX EXEMPT USE PROPERTY AND MUST BE DEPRECIATED USING THE ALTERNATIVE DEPRECIATION SYSTEM" PROVIDED BY SECTION 168(G) OF THE CODE. HOWEVER, NO PORTION OF THE PARTNERSHIP'S PROPERTY WILL BE TREATED AS TAX-EXEMPT USE PROPERTY AND DEPRECIATED USING THE ALTERNATIVE DEPRECIATION SYSTEM IF THE TAX-EXEMPT CONTROLLED ENTITY MAKES AN ELECTION (THE "SECTION 168(H)(6) ELECTION") UNDER SECTION 168(H)(6)(F)(II) TO NOT BE TREATED AS A TAX-EXEMPT ENTITY FOR PURPOSES OF SECTIONS 168(H)(5) AND (6) OF THE CODE. WE UNDERSTAND THAT IT IS MATERIAL TO THE LIMITED PARTNER THAT THE PARTNERSHIP'S PROPERTY NOT BE DEPRECIATED USING THE ALTERNATIVE DEPRECIATION SYSTEM, AND THAT THE LIMITED PARTNER ARE MAKING THEIR INVESTMENT IN RELIANCE UPON THE COVENANT OF THE GENERAL PARTNER AND THE EXEMPT ORGANIZATIONS TO ASSURE THAT A PROPER AND TIMELY SECTION 168(H)(6) ELECTION IS MADE. AS THE ACCOUNTANTS FOR THE EXEMPT ORGANIZATION, WE ACKNOWLEDGE THAT THE GENERAL PARTNER AND LIMITED PARTNER INTEND THAT THE SECTION 168(H)(6) ELECTION BE MADE ON A TIMELY BASIS. WE UNDERSTAND THAT: 1. THE SECTION 168(H)(6) ELECTION MUST BE MADE BY THE DUE DATE (INCLUDING EXTENSIONS) OF THE TAX RETURN FOR THE FIRST TAX YEAR THAT THE ELECTION APPLIES. WE EXPECT THIS DUE DATE (BEFORE EXTENSIONS) TO BE MAY15, 2019, WHICH IS MAY 15 FOR THE YEAR FOLLOWING THE YEAR IN WHICH ALL OR ANY PORTION OF THE PARTNERSHIP'S HOUSING PROJECT IS PLACED IN SERVICE. 2. THE SECTION 168(H)(6) ELECTION MUST BE ATTACHED TO THE GENERAL PARTNER'S TAX RETURN, WITH A COPY ATTACHED TO THE TAX RETURN OF THE EXEMPT ORGANIZATION. 3. THE SECTION 168(H)(6) ELECTION SHALL: A. CONTAIN THE NAME, ADDRESS AND TAXPAYER IDENTIFICATION NUMBER OF THE GENERAL PARTNER, B. IDENTIFY THE ELECTION AS A SECTION 168(H)(6) ELECTION, C. STATE THAT THE ELECTION APPLIES TO ALL OF THE GENERAL PARTNER'S PROPERTY, AND THAT THE ELECTION APPLIES TO THE TAXABLE YEAR THAT THE PARTNERSHIP'S PROPERTY IS PLACED IN SERVICE AND ALL SUBSEQUENT YEARS, D. STATE THAT THE GENERAL PARTNER IS ENTITLED TO MAKE THE ELECTION BECAUSE IT IS A TAX-EXEMPT CONTROLLED ENTITY THAT IS TIMELY FILING THE ELECTION, AND E. INCLUDE SUCH OTHER INFORMATION AND COMPLY WITH SUCH OTHER REQUIREMENTS AS MAY BE DETERMINED BY THE INTERNAL REVENUE SERVICE OR THE UNITED STATES TREASURY DEPARTMENT. EXECUTED THIS 19TH DAY OF JULY, 2019 |
| FORM 990, LINE 1: | ELECTION PURSUANT TO INTERNAL REVENUE CODE SECTION 168(H)(6)(F) ELECTION TO BE TREATED AS A TAXABLE ENTITY REFERENCE IS MADE TO TROY KRISTENSEN, LP, A NEW YORK LIMITED PARTNERSHIP (THE "PARTNERSHIP"), OF WHICH MHACY TOWNHOMES GP LLC, A NEW YORK LIMITED LIABILITY COMPANY (THE "GENERAL PARTNER") IS THE GENERAL PARTNER AND WINCOPIN CIRCLE, LLLP, A MARYLAND LIMITED LIABILITY LIMITED PARTNERSHIP (THE LIMITED PARTNER"). THE MULFORD CORPORATION, A NEW YORK NOT-FOR-PROFIT CORPORATION (THE "EXEMPT ORGANIZATION") OWNS 100% OF THE ISSUED AND OUTSTANDING SHARES OF THE GENERAL PARTNER. WE ARE THE ACCOUNTANTS FOR THE EXEMPT ORGANIZATION. SECTION 168(H) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE") PROVIDES THAT WHERE A "TAX-EXEMPT CONTROLLED ENTITY" IS A PARTNER IN A PARTNERSHIP, AND THE ALLOCATION OF CERTAIN TAX ITEMS TO THAT PARTNER IS NOT A "QUALIFIED ALLOCATION" (AS THAT TERM IS DEFINED IN SECTION 168(H)(6)(B) OF THE CODE), THEN A "PROPORTIONATE SHARE" OF THE PARTNERSHIP'S PROPERTY, EQUAL TO THAT PARTNER'S HIGHEST SHARE IN THE PARTNERSHIP'S INCOME OR GAIN OF THE PARTNERSHIP, IS CONSIDERED "TAX EXEMPT USE PROPERTY AND MUST BE DEPRECIATED USING THE ALTERNATIVE DEPRECIATION SYSTEM" PROVIDED BY SECTION 168(G) OF THE CODE. HOWEVER, NO PORTION OF THE PARTNERSHIP'S PROPERTY WILL BE TREATED AS TAX-EXEMPT USE PROPERTY AND DEPRECIATED USING THE ALTERNATIVE DEPRECIATION SYSTEM IF THE TAX-EXEMPT CONTROLLED ENTITY MAKES AN ELECTION (THE "SECTION 168(H)(6) ELECTION") UNDER SECTION 168(H)(6)(F)(II) TO NOT BE TREATED AS A TAX-EXEMPT ENTITY FOR PURPOSES OF SECTIONS 168(H)(5) AND (6) OF THE CODE. WE UNDERSTAND THAT IT IS MATERIAL TO THE LIMITED PARTNER THAT THE PARTNERSHIP'S PROPERTY NOT BE DEPRECIATED USING THE ALTERNATIVE DEPRECIATION SYSTEM, AND THAT THE LIMITED PARTNER ARE MAKING THEIR INVESTMENT IN RELIANCE UPON THE COVENANT OF THE GENERAL PARTNER AND THE EXEMPT ORGANIZATIONS TO ASSURE THAT A PROPER AND TIMELY SECTION 168(H)(6) ELECTION IS MADE. AS THE ACCOUNTANTS FOR THE EXEMPT ORGANIZATION, WE ACKNOWLEDGE THAT THE GENERAL PARTNER AND LIMITED PARTNER INTEND THAT THE SECTION 168(H)(6) ELECTION BE MADE ON A TIMELY BASIS. WE UNDERSTAND THAT: 1. THE SECTION 168(H)(6) ELECTION MUST BE MADE BY THE DUE DATE (INCLUDING EXTENSIONS) OF THE TAX RETURN FOR THE FIRST TAX YEAR THAT THE ELECTION APPLIES. WE EXPECT THIS DUE DATE (BEFORE EXTENSIONS) TO BE MAY15, 2019, WHICH IS MAY 15 FOR THE YEAR FOLLOWING THE YEAR IN WHICH ALL OR ANY PORTION OF THE PARTNERSHIP'S HOUSING PROJECT IS PLACED IN SERVICE. 2. THE SECTION 168(H)(6) ELECTION MUST BE ATTACHED TO THE GENERAL PARTNER'S TAX RETURN, WITH A COPY ATTACHED TO THE TAX RETURN OF THE EXEMPT ORGANIZATION. 3. THE SECTION 168(H)(6) ELECTION SHALL: A. CONTAIN THE NAME, ADDRESS AND TAXPAYER IDENTIFICATION NUMBER OF THE GENERAL PARTNER, B. IDENTIFY THE ELECTION AS A SECTION 168(H)(6) ELECTION, C. STATE THAT THE ELECTION APPLIES TO ALL OF THE GENERAL PARTNER'S PROPERTY, AND THAT THE ELECTION APPLIES TO THE TAXABLE YEAR THAT THE PARTNERSHIP'S PROPERTY IS PLACED IN SERVICE AND ALL SUBSEQUENT YEARS, D. STATE THAT THE GENERAL PARTNER IS ENTITLED TO MAKE THE ELECTION BECAUSE IT IS A TAX-EXEMPT CONTROLLED ENTITY THAT IS TIMELY FILING THE ELECTION, AND E. INCLUDE SUCH OTHER INFORMATION AND COMPLY WITH SUCH OTHER REQUIREMENTS AS MAY BE DETERMINED BY THE INTERNAL REVENUE SERVICE OR THE UNITED STATES TREASURY DEPARTMENT. EXECUTED THIS 19TH DAY OF JULY, 2019 |
| FORM 990, LINE 1: | ELECTION PURSUANT TO INTERNAL REVENUE CODE SECTION 168(H)(6)(F) ELECTION TO BE TREATED AS A TAXABLE ENTITY REFERENCE IS MADE TO YONKERS SENIOR APARTMENTS, LLC, A NEW YORK LIMITED PARTNERSHIP (THE "PARTNERSHIP"), OF WHICH MHACY TOWNHOMES GP LLC, A NEW YORK LIMITED LIABILITY COMPANY (THE "GENERAL PARTNER") IS THE GENERAL PARTNER AND WINCOPIN CIRCLE, LLLP, A MARYLAND LIMITED LIABILITY LIMITED PARTNERSHIP (THE LIMITED PARTNER"). THE MULFORD CORPORATION, A NEW YORK NOT-FOR-PROFIT CORPORATION (THE "EXEMPT ORGANIZATION") OWNS 100% OF THE ISSUED AND OUTSTANDING SHARES OF THE GENERAL PARTNER. WE ARE THE ACCOUNTANTS FOR THE EXEMPT ORGANIZATION. SECTION 168(H) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE") PROVIDES THAT WHERE A "TAX-EXEMPT CONTROLLED ENTITY" IS A PARTNER IN A PARTNERSHIP, AND THE ALLOCATION OF CERTAIN TAX ITEMS TO THAT PARTNER IS NOT A "QUALIFIED ALLOCATION" (AS THAT TERM IS DEFINED IN SECTION 168(H)(6)(B) OF THE CODE), THEN A "PROPORTIONATE SHARE" OF THE PARTNERSHIP'S PROPERTY, EQUAL TO THAT PARTNER'S HIGHEST SHARE IN THE PARTNERSHIP'S INCOME OR GAIN OF THE PARTNERSHIP, IS CONSIDERED "TAX EXEMPT USE PROPERTY AND MUST BE DEPRECIATED USING THE ALTERNATIVE DEPRECIATION SYSTEM" PROVIDED BY SECTION 168(G) OF THE CODE. HOWEVER, NO PORTION OF THE PARTNERSHIP'S PROPERTY WILL BE TREATED AS TAX-EXEMPT USE PROPERTY AND DEPRECIATED USING THE ALTERNATIVE DEPRECIATION SYSTEM IF THE TAX-EXEMPT CONTROLLED ENTITY MAKES AN ELECTION (THE "SECTION 168(H)(6) ELECTION") UNDER SECTION 168(H)(6)(F)(II) TO NOT BE TREATED AS A TAX-EXEMPT ENTITY FOR PURPOSES OF SECTIONS 168(H)(5) AND (6) OF THE CODE. WE UNDERSTAND THAT IT IS MATERIAL TO THE LIMITED PARTNER THAT THE PARTNERSHIP'S PROPERTY NOT BE DEPRECIATED USING THE ALTERNATIVE DEPRECIATION SYSTEM, AND THAT THE LIMITED PARTNER ARE MAKING THEIR INVESTMENT IN RELIANCE UPON THE COVENANT OF THE GENERAL PARTNER AND THE EXEMPT ORGANIZATIONS TO ASSURE THAT A PROPER AND TIMELY SECTION 168(H)(6) ELECTION IS MADE. AS THE ACCOUNTANTS FOR THE EXEMPT ORGANIZATION, WE ACKNOWLEDGE THAT THE GENERAL PARTNER AND LIMITED PARTNER INTEND THAT THE SECTION 168(H)(6) ELECTION BE MADE ON A TIMELY BASIS. WE UNDERSTAND THAT: 1. THE SECTION 168(H)(6) ELECTION MUST BE MADE BY THE DUE DATE (INCLUDING EXTENSIONS) OF THE TAX RETURN FOR THE FIRST TAX YEAR THAT THE ELECTION APPLIES. WE EXPECT THIS DUE DATE (BEFORE EXTENSIONS) TO BE MAY15, 2019, WHICH IS MAY 15 FOR THE YEAR FOLLOWING THE YEAR IN WHICH ALL OR ANY PORTION OF THE PARTNERSHIP'S HOUSING PROJECT IS PLACED IN SERVICE. 2. THE SECTION 168(H)(6) ELECTION MUST BE ATTACHED TO THE GENERAL PARTNER'S TAX RETURN, WITH A COPY ATTACHED TO THE TAX RETURN OF THE EXEMPT ORGANIZATION. 3. THE SECTION 168(H)(6) ELECTION SHALL: A. CONTAIN THE NAME, ADDRESS AND TAXPAYER IDENTIFICATION NUMBER OF THE GENERAL PARTNER, B. IDENTIFY THE ELECTION AS A SECTION 168(H)(6) ELECTION, C. STATE THAT THE ELECTION APPLIES TO ALL OF THE GENERAL PARTNER'S PROPERTY, AND THAT THE ELECTION APPLIES TO THE TAXABLE YEAR THAT THE PARTNERSHIP'S PROPERTY IS PLACED IN SERVICE AND ALL SUBSEQUENT YEARS, D. STATE THAT THE GENERAL PARTNER IS ENTITLED TO MAKE THE ELECTION BECAUSE IT IS A TAX-EXEMPT CONTROLLED ENTITY THAT IS TIMELY FILING THE ELECTION, AND E. INCLUDE SUCH OTHER INFORMATION AND COMPLY WITH SUCH OTHER REQUIREMENTS AS MAY BE DETERMINED BY THE INTERNAL REVENUE SERVICE OR THE UNITED STATES TREASURY DEPARTMENT. EXECUTED THIS 19TH DAY OF JULY, 2019 |
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