LIHTC tools

25% bond test calculator

A 4% deal can now qualify with 25% instead of 50%: at least 25% of the aggregate basis of the building and land is financed by tax-exempt private activity bonds subject to the volume cap, and one or more of those bonds, from an issue dated after December 31, 2025, together finance at least 5% of that basis. It applies to buildings placed in service in taxable years beginning after December 31, 2025, and the 50% test still applies as an alternative. Enter your basis and land to see the bonds each test needs.

Depreciable basis of the building, before any boost.

Bonds needed under the 25% test

$8,250,000

Aggregate basis of building and land$33,000,000
25% test: bonds that finance basis$8,250,000
of which from an issue dated after Dec. 31, 2025$1,650,000
Old 50% test$16,500,000
Volume cap saved against the 50% test$8,250,000

Meets the 25% test. 27.3% of aggregate basis is bond-financed and 27.3% comes from post-2025 issues.

Get a financing quoteBond structure, construction and permanent loans.

As of October 30, 2026. Sources: Pub. L. 119-21 sec. 70422(b); IRC 42(h)(4) (Cornell LII); Rev. Proc. 2025-32 sec. 4.19. An estimate, not tax or legal advice.

The formula

Aggregate basis = building basis + land 50% test: bonds financing basis >= 50% x aggregate basis 25% test: bonds financing basis >= 25% x aggregate basis, and bonds from issues dated after 12/31/2025, together, >= 5% x aggregate basis

Worked example

A building with $30,000,000 of basis on $3,000,000 of land has $33,000,000 of aggregate basis. The old test needed $16,500,000 of bonds. The 25% test needs $8,250,000, with at least $1,650,000 from a 2026-or-later issue. A $9,000,000 issue in 2026 clears both parts of the 25% test at 27.3%, and uses $7,500,000 less volume cap than the 50% test ($8,250,000 less if sized at the 25% minimum).

What the calculator leaves out

Whether bond proceeds actually finance basis is a tracing question for bond counsel: proceeds spent on costs outside depreciable basis or land do not count, and the bonds must be "described in" IRC 42(h)(4)(A), meaning tax-exempt bonds taken into account under the section 146 volume cap. Many deals size bonds above the minimum for a margin of safety, since failing the test means losing the credits. Build the full 4% stack.

Questions people ask

What is the 25% bond test?

A 4% LIHTC building gets credits outside the state's 9% ceiling only if tax-exempt private activity bonds finance enough of the aggregate basis of the building and its land. Pub. L. 119-21 sec. 70422(b) added a 25% test beside the old 50% one: at least 25% of the aggregate basis of the building and land is financed by tax-exempt private activity bonds subject to the volume cap, and one or more of those bonds, from an issue dated after December 31, 2025, together finance at least 5% of that basis. It applies to buildings placed in service in taxable years beginning after December 31, 2025, and the 50% test still applies as an alternative.

Which buildings can use it?

Buildings placed in service in taxable years beginning after December 31, 2025. For a rehabilitation treated as a new building under IRC 42(e), the existing building and the rehab are both treated as placed in service on the 42(e)(4) date.

Is the 50% test gone?

No. IRC 42(h)(4)(B)(i) still allows the 50% test, so a deal financed entirely with bonds issued before 2026 can still qualify that way. The 25% test is a second route in (B)(ii).

Does the 25% count land?

Yes. The denominator is the aggregate basis of the building and the land it sits on. The basis boost does not raise it: the test uses actual basis, not the 130% figure.

What does this mean for volume cap?

Each 4% deal needs about half the bonds it used to, so a state's private activity bond cap ($135 per resident or $397,625,000, whichever is greater, for 2026 under Rev. Proc. 2025-32) can stretch across more projects.