DISABLED ACCESS CREDIT

[harolduman]

MY CLIENT, AN INDIVIDUAL TAXPAYER, OWNS 5 SHOPPING CENTERS, AS SINGLE MEMBER LLCS

TAXPAYER PAID FOR IMPROVEMENTS IN 2021 THAT QUALIFY HIM FOR THE DISABLED ACCESS CREDIT, TO 3 OF HIS PROPERTIES

EACH OF THE SHOPPING CENTERS QUALIFY AS AN ELIGLE BUSINESS( HAVING LESS THAN $1,000,000 IN GROSS RECEIPTS OR HAVE FEWER THAN 30 EMPOYEES) AND  ALL COMBINED, THEY ALSO QUALIFY

QUESTIONS:

1) HOW MUCH CREDIT WOULD THE TAXPAYER BE ALLOWED TO CLAIM SINCE EACH ENTITY, I ASSUME, IS CONSIDERED A SMALL BUSINESS

2) WOULD THE FACT THAT HE IS THE OWNER OF ALL THE SHOPPING CENTERS LIMIT THE AMOUNT OF CREDIT TO A MAXIMUM OF $5000.00(IRC 52(b)

3) WHAT IS CONSIDERED IN DETERMINED IN CONSIDERING THE DAC

1. A) THAT THE IMPROVEMERNT IS MADE TO SERVICE HIS EMPLOYEES

OR

1. B) THAT THE IMPROVEMENT IS MADE TO SERVICE THE PUBLIC THAT USES THE SPACE IN THE SHOPPING CENTER TO SHOP AT STORES, OR EAT IN RESTAURANTS THAT ARE LOCATED IN THE SHOPPING CENTER