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Criteria for County HUBZone Designation
A Qualified Nonmetropolitan County is any county that is not located in a metropolitan area and that meets any of the following three criteria:
  • the county’s median household income is less than 80% of the nonmetropolitan state median household income, based on the most recent data available from the Census; or
  • the county’s unemployment rate is not less than 140 percent of the average unemployment rate for the United States or for the State in which such county is located, whichever is less, based on the most recent data available from the Bureau of Labor Statistics (BLS); or
  • the county includes a Difficult Development Area (DDA), as designated by HUD in accordance with section 42 of the Internal Revenue Code of 1986, within Alaska, Hawaii, or any territory or possession of the United States outside the 48 contiguous States.
Criteria for Qualified Census Tract Designation
The Small Business Act defines a Qualified Census Tract (QCT) as having the meaning set forth in Section 42 of the Internal Revenue Code of 1986. That section of the tax code defines a QCT for purposes of the Low Income Housing Tax Credit (LIHTC) program. The US Department of Housing and Urban Development (HUD) designates QCTs for purposes of the LIHTC program. The LIHTC statute provides two criteria for QCT eligibility. A census tract must have either:
  • a poverty rate of at least 25 percent; or
  • 50 percent or more of its householders must have incomes below 60 percent of the area median household income.
A QCT may be located in a nonmetropolitan county or metropolitan area. Further, the LIHTC statute requires that no more than 20 percent of the metropolitan area population reside within designated QCTs. (This limit also applies collectively to the nonmetropolitan counties in each state). Thus, it is possible for a tract to meet one or both of the above criteria, but not be designated as a QCT. The LIHTC statute does not provide for an appeal process to change the QCT designation of an individual census tract.