AGO 1989-046.

• Case Date: April 17, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-046. April 17, 1989ATTORNEY GENERAL OPINION NO. 89-46The Honorable Harland E. PriddleSecretary Kansas Department of Commerce 400 SW 8th 5th Floor Topeka, Kansas 66603 Re: State Boards, Commissions and Authorities--Department of Commerce--Low-Income Housing Tax Credit Program; Records Subject to Disclosure Laws, Journals and Public Information--Records Open to Public--Department of Commerce; Low-Income Housing Tax Credit Program Synopsis: Documents of the Kansas Department of Commerce involving the federal low-income housing tax credit program are required by state and federal law to be kept confidential as they concern federal tax return information. Therefore, these documents are not subject to public disclosure under the Kansas Open Records Act. Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1988 Supp. 45-221; 79-3234; 26 U.S.C. § 42; 26 U.S.C. § 6103. * * * Dear Secretary Priddle: You inform us that the Kansas Department of Commerce (KDOC) administers the federal low-income housing tax credit program for the State of Kansas. This program was established by the federal Tax Reform Act of 1986, 26 U.S.C. § 42. Federal tax credits are offered which reduce tax liability to owners and investors in eligible low-income residential rental housing projects. The tax credits can be used in conjunction with the acquisition, rehabilitation, or new construction of residential rental housing projects. In administering the program, KDOC follows the following procedure. An applicant must complete and submit an application form to KDOC. Upon a favorable review, KDOC issues a reservation which sets aside a specified amount of credits to the applicant for a project. Once the project is placed in service, the applicant submits documentation certifying the actual costs of the project. KDOC then computes the amount of tax credits to be allocated to the applicant, based on the financial information supplied by the applicant and the applicable percentage provided by the Internal Revenue Service (IRS). A federal tax form, Form 8609, is completed by KDOC, which effectuates the allocation of tax credits. You ask our opinion whether KDOC must disclose to the public, upon request, documents concerning the low-income housing tax credit program. These documents include the application form, the...