rural nebraska funding opportunities workshop

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NNMR NEBRASKA NEW MARKET RESOURCES, LLC

Rural Nebraska Funding Opportunities Workshop

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Presentation Roadmap

• Brief Overview of Community Development ResourcesBrief Overview of Community Development Resources

• Overview of the Nebraska Community Capital FundOverview of the Nebraska Community Capital Fund

• Overview of the New Markets Tax Credit Business LoanOverview of the New Markets Tax Credit Business Loan

• Overview of New Markets Tax Credit programOverview of New Markets Tax Credit program

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COMMUNITY DEVELOPMENT RESOURCES

Nebraska New Market Resources, LLC (NNMR)

Mark Koller, Ex. Dir.

Nebraska Community Capital Fund (NCCF)

Mark Koller, Ex. Dir.

Community Development Resources (CDR)

Rick Wallace, Ex. Dir

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Community Development Resources (CDR)

• 1994 – Started as Self Employment Loan Fund (SELF)• 2001 – Re-formed as an independent 501(c)(3) non-profit• 2002 – Achieved Community Development Financial

Institution (CDFI) certification by the U.S. Treasury

• 2003 – Name changed to Community Development Resources

• 2006 – Formed two subsidiaries: Nebraska Community Capital Fund. Certified Community Development Entity (CDE) &

Formed Nebraska New Markets Resources, LLC


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What We Do

CDR is introducing three new financial products to Nebraska:

Nebraska Community Capital Fund: (1st Qrtr 2007)

NMTC Business Loans (Immediate)

New Markets Tax Credit (NMTC) Program (Immediate)


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N C C F Nebraska Community Capital Fund

Nebraska Community Capital Fund (NCCF)

• A ‘Community Collaboration Model’ for Nebraska

• In process of being formed, with expected roll-out date in 1st quarter of 2007.

• Based on Minnesota Community Capital Fund.

• NCCF members will include cities, counties, electric utilities, and regional development organizations.

• Members pool their limited local development financing resources together to access significantly more loan capital through a specialized national community development finance secondary market, which is operated by the Minneapolis-based Community Reinvestment Fund, USA (CRF).

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Why Build a Statewide Community Capital Fund?

• Unequal distribution of ED resources.

• Undercapitalized & idle revolving loan funds.

• No mechanism to pool limited local resources.

• Lack of cooperation among communities.

• Limited local commercial lending expertise.

• Inefficient access to national capital markets.

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Fund Design Features

• Member escrow deposits capitalize loan fund.

• Any economic development organization can join.

• Gap financing source for business developments.

• 3 membership levels: $25,000, $50,000, $100,000.

• 3 year commitment with money back guarantee.

• Interest income assigned to fund manager for administration.

• No annual or any additional fees paid by members.

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Fund Design Features

• 10-1 leveraging of member funds.

• Minimum loan: $50,000.

• Maximum loan: $1,000,000.

• No limit on number of loans.

• Fixed rate, subordinated loans with flexible terms.

• Local financial institution participation required.

• All loans sold to secondary market on same day as loan closing—continuous loan fund recapitalization.

• We always have money to lend!

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Allowable use of Loan proceeds

• Real Estate.– Purchase of land, buildings, and business assets.– Building construction and renovations.

• Machinery and equipment. – Acquisition, renovation or moving.

• Working capital loans. – Secured by fixed assets with fixed repayment schedule.

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Financing ExampleManufacturing Building Expansion

Project Value $1,200,000

Bank $600,000 1st REM—20 year amortization with 10 yearballoon

NCCF $420,000 2nd REM (same terms)

Equity $ 50,000 In NCCF Pool

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Financing ExampleGrocery Store Building Purchase

Project Value $360,000

Bank $150,000 1st REM (20 / 10)

NCCF $156,000 2nd REM (20 / 10)

Equity $ 25,000 In NCCF Pool

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What’s in it for your community?• 10 to 1 leveraging of your funds.• No limit on the number of loans you can sponsor.• Source of subordinated, fixed-rate financing to support local

economic development.• Reduced or no risk.• Professional fund manager and loan officer services at no additional

cost.

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Next Steps

• Goals:– Reach membership pool of $1,000,000– Make first loan before end of 1st quarter 2007

We are currently seeking ‘Letters of Interest’ from organizations that are interested in joining the Nebraska Community Capital Fund. Our contact

information is included at the end of this presentation.

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The New Markets Tax Credit Business Loan offers qualifying borrowers yet another business financing option that may be the best financial choice. Eligible borrowers can obtain loans with lower interest rates and terms up to 25 years, creating a lower monthly payment and allowing borrowers to keep more cash in their businesses. The New Markets loan enables borrowers to expand and renovate their existing properties, buy the properties outright, or purchase additional property for business expansion.

New Markets Tax Credit Business Loan

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• Term sheet for the NMTC Business Loan that can be found on our web site: www.cdr-nebraska.org


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• NNMR Loan Size: – Minimum: $50,000.– Maximum: $1,500,000 unless otherwise specified with NNMR.

• Loan Interest Rate: Minimum initial rate to the borrower must be based on 7-year Treasury plus 240 basis points. Actual loan rate to the borrower will typically be set two days prior to loan closing. Rate is reset at 7-year anniversary, based on 10-year Treasury plus 300 basis points plus any additional servicing fee.


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• Loan Fees:– A 1.00% origination fee.– Loan Documentation fee of $250 for loans of $250,000 or less.– Loan Documentation fee of $500 for loans greater than

$250,000.

• Transaction costs may include accountant, legal and/or appraisal fees reflecting the complex structure and compliance requirements of the program and/or the transaction.


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• Prepayment Penalty: No partial prepayments are allowed. Upon a full prepayment prior to the seventh anniversary date, a prepayment penalty will be due which will be calculated as follows:

• The then current principal balance of the note times initial rate times

[(one hundred twenty minus number of months from note date to date of prepayment) divided by twelve] times 0.10.

Example of Pre-Payment Penalty:• $500,000 loan – 25 yr. term – 7.00% rate.• Pre-Pay in 20th month• (($442,375.29 x 0.07 x (120-20)) / 12) x 0.10 = $25,805.23


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• Payments: All borrowers must agree to remit loan payments by automated payment/debit.

• Security: Loan must be secured by a first or second lien on the real estate or equipment being financed.

• Owner-Occupancy: Operating Company must occupy at least 51% of the real estate financed.


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NMTC Program Background

• Enacted on December 21, 2000

• Part of the Community Renewal Tax Relief Act of 2000

• June 10, 2002 – First issue of Notice of Allocation Availability

• March 14, 2003 – The Fund announces that 66 organizations were selected to receive $2.5 billion of tax credit allocations under the 1st round.

• Final original Act allocation application period is 2007.

• Act was extended another year (through 2008) on Dec-8-06.

New Markets Tax Credit

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Overview of NMTC Program

• Provides a credit against Federal income taxes for investors that make Qualified Equity Investments (OEIs) into Community Development Entities (CDEs)

• CDEs in turn use the proceeds of these investments to make Qualified Low-Income Community Investments (QLICIs)

• QLICIs include, among other things, investments in businesses and real estate projects in low-income communities.


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Credit Amount

• The credit is taken over a 7-year period

• The credit rate is:– In each of the first three years, 5% of the original investment

amount– In each of the final four years, 6% of the original investment

amount

• Equals 39% of amount of original investment


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Example

The Fund awards an allocation of $1 million to a CDE. The CDE offers the tax credit to a single investor in exchange for a $1 million equity investment. How much can the investor claim as a credit on its Federal taxes?

Years 1 – 3 Tax credit at 5% Value $50,000 per year

Years 4 – 7 Tax credit at 6% Value $60,000 per year

TOTAL VALUE OVER 7 YEARS $390,000


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What is a CDE?

• A domestic corporation or partnership that is an intermediary vehicle for the provision of loans, investments or financial counseling in “Low-Income Communities” (LICs)

• CDEs are required to demonstrate that they:– Have a primary mission of serving, or providing investment

capital for LICs or Low-Income Persons, and

– Are accountable to residents of the LICs that they serve

Community Development Resources is a certified CDE


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What is a “Low-Income Community?”

1. With at least 20% poverty rate; or

2. Where the median family income does not exceed 80% of the area median family income; or

3. That have a population of less than 2,000, are contained within a Federally designated Empowerment Zone, and are contiguous to at least one other LIC; or

4. Where the median family income does not exceed 85% of the area median family income, provided the census tract is located in a high migration rural county.


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Low-Income Communities (cont’d)

• Projects not located within LICs, but that otherwise serve Targeted Populations, may also qualify for NMTC investments.

• Targeted Populations include:

1. Low-income persons, to the extent the project is located in a census tract with a median family income at or below 120% of the applicable area median family income; or

2. For Gulf Opportunity (GO) Zone allocations, individuals that have been displaced from their homes and/or have lost their principal source of employment in the wake of Hurricane Katrina.

• Refer to IRS and CDFI Fund guidance for additional details.


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Qualified Equity Investment (QEI)

• NMTCs are offered to investors for “Qualified Equity Investments” (QEIs) in the CDE.

• QEI is:– An equity investment in a CDE – an equity investment is stock in a

corporation or any capital interest in a partnership.

– The equity investment must be acquired by the investor at its original issue solely in exchange for cash.

– The equity investment must meet the substantially-all requirement, and

– The equity investment must be designated by the CDE.

• QEIs must remain invested in the CDE during a 7-year credit period – Investors claim credits as of the date a QEI is initially made.


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Timing of Investments

• CDEs must offer NMTCs to investors within 5 years of receiving an allocation.

• CDEs have 12 months to invest their QEI proceeds into Qualified Low-Income Community Investments (QLICIs).

• Generally, CDEs that receive returns of capital will have 12 months to reinvest those funds in QLICIs.– Reinvestment is not required in the final year of the 7-year credit

period.


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CDE Use of NMTC Proceeds

“Substantially All” of the QEI proceeds must be invested in QLICIs within 12 months.

Years 1 – 6: Substantially All = 85% of the amount paid by investor at original issue

Year 7: Substantially All = 75%


At all times, 5% of the original QEI issue amount may be used for certain reserves by the CDE and count towards meeting the substantially all requirement.

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CDE Use of NMTC Proceeds (Cont’d)

• A CDE may demonstrate that it has satisfied the Substantially-All requirement in 2 ways:

– Direct tracing:• Under direct tracing, CDE is required to trace at least

85% of the QEI proceeds to specified QLICIs.

– Safe harbor:• Under a safe harbor, a CDE must demonstrate that

85% of its aggregate gross assets are invested in QLICIs.


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Qualified Low-Income Community Investments (QLICIs)

Eligible Investments (QLICIs):

1. Any capital or equity investment in, or loan to, any “Qualified Active Low-Income Community Business” (QALICB)

2. Purchase of a loan from another CDE if the loan is a QLICI

3. “Financial Counseling and Other Services” (FCOS) to businesses located in, or residents of, LICs; and

4. Any equity investment in, or loan to, any CDE.


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Qualified Low-Income Community Investments (cont’d)

Requirements:

– QEI proceeds must be invested in QLICIs through out the 7-year credit period.

– CDE reinvestment requirement:

• Years 1 – 6:– Generally, returns of equity, capital or principal must be

reinvested within 12 months.

– Periodic loan repayments may be aggregated for up to 24 months before reinvestment is required.

• No reinvestment required in year 7


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Qualified Active Low Income Community Business (QALICB)

What is a typical QALICB?

– Loans to or investments in operating businesses located in LICs.

– Development of commercial, industrial, retail and mixed-use real estate projects in LICs.

– Development of community facilities, such as charter schools and health care centers, in LICs.

– Development of for-sale housing located in LICs.


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To be a QALICB

1. At least 50% of the total gross income is from the active conduct of a qualified business in Low-Income Communities (LICs);

2. At least 40% of the use of tangible property of the business is within LICs; and

3. At least 40% of the services performed by the business’ employees are performed in LICs;


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To be a QALICB (cont’d)

4. Less than 5% of the average of the aggregate unadjusted bases of the property is attributable to collectibles (e.g. art and antiques), other than those held for sale in the ordinary course of business (e.g., inventory); and

5. Less than 5% of the average of the aggregate unadjusted bases of the property is attributable to nonqualified financial property (e.g., debt instruments with a term in excess of 18 months).


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To be a QALICB (cont’d)

– The gross income test is deemed to be met if either the use of tangible property or the use of services performed test is met at 50% or higher.

– If a business has no employees, it can meet both the services performed and gross income tests if it meets the use of tangible property test at 85% or higher.


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Ineligible Activities

• Residential rental property:– Buildings or structures which derive 80% or more of its gross rental

income from renting dwelling units• Certain types of businesses:

• Refer to IRS regulations for additional details.


Golf Courses Massage Parlors

Race Tracks Hot Tub facilities

Gambling facilities Suntan facilities

Certain farming businesses Stores where the principal business is the sale of alcoholic beverages for consumption off premises

Country Clubs

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Recapture

NMTCs may be recaptured from investors during the 7-year credit period if:

– The QEI fails the Substantially-All requirement• Failure to invest 85% as allowed

• Failure to meet QALICB requirements; or

• Failure to meet one-year investment requirement

– The CDE ceases to qualify as a CDE;

– The CDE redeems the investment.


It is not an event of recapture – and an investor may continue to claim NMTCs – if a CDE files for bankruptcy.

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Summary Graphic


CDFI Fund

Private Investors

CommunityDevelopment

Entity(CDR)

Investing in or Lending to

CDEs

FinancialCounseling

PurchasingLoans from

CDEs

Investing inor Lending to

QALICBs

CDEs must make QLICIswithin 12 months of receipt

of Investor QEIs

CDE must offercredits to investors

within 5 years

QEI must stayinvested in CDE

for 7 years

Allocates Tax Credits $

$

$

$$

TC

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Rick Wallace, Ex. Dir. CDRMark A. Koller, Ex. Dir. NCCF,

NNMR285 S. 68th Street Place

Suite 520Lincoln, NE 68510

Office: 402.436.2387Fax: 402.436.2439

www.cdr-nebraska.org

How to contact us:

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rural nebraska funding opportunities workshop

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