tax credit basics nebraska investment finance authority

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Tax Credit Basics Tax Credit Basics Nebraska Investment Finance Authority

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Page 1: Tax Credit Basics Nebraska Investment Finance Authority

Tax Credit BasicsTax Credit Basics

Nebraska Investment Finance Authority

Page 2: Tax Credit Basics Nebraska Investment Finance Authority

Source of FundsSource of Funds

Funds originated from the Internal Revenue Code, Section 42.

Tax Reform Act of 1986The amount of tax credits issued to

each state is based on $1.80 per capita per year.

Amount to Allocate in 2005: $3,130,724Generally over-subscribed: 3:1

Page 3: Tax Credit Basics Nebraska Investment Finance Authority

Types of Credits and Unit Types of Credits and Unit RequirementsRequirements

To qualify: 20% of Units at 50% AMI or40% of Units at 60% AMI

Types of Credits:– Annual “9% cycle” for construction (new/rehab)

First Round Applications Due: 10/1/04 Second Round Applications Due: 2/14/05 CRANE Applications: Accepted monthly

– 4% credits with Tax Exempt Bonds: Applications accepted monthly.

AMI = Area Median Income

Page 4: Tax Credit Basics Nebraska Investment Finance Authority

Ownership StructureOwnership Structure

Tax Credit Apartments, Limited Partnership

General Partner(Developer)

1%

Limited Partner(Tax Credit Investor)

99%

Tax Credits

Equity

Page 5: Tax Credit Basics Nebraska Investment Finance Authority

Ownership StructureOwnership Structure

The Limited Partner (L.P.) owns 99% or more and receives 99% or more of the credits.

The L.P. pays the General Partner (Applicant/Developer) generally between $.75 and $.85 per credit.

Page 6: Tax Credit Basics Nebraska Investment Finance Authority

Commitment to AffordabilityCommitment to Affordability

Only get credits for the low income units (qualified basis).

Retain affordability period for 15 year compliance period plus a 15 year extended use period. Income and rent restrictions.

NIFA offers points for longer affordability periods.

Page 7: Tax Credit Basics Nebraska Investment Finance Authority

Syndication Rate and GapSyndication Rate and Gap

The current syndication rate (value of the credits) is from $.75 to $.85 per $1 of credit.

Capital from an award of credits. Annual credit amount X 10 year credit period X

syndication rate.

Cash from sale of credits fills the gap between the permanent loan and the total development cost.

Page 8: Tax Credit Basics Nebraska Investment Finance Authority

2005 Set-Asides2005 Set-Asides

2005 Per Capita Allocation: $3,130,724

At least 10% to Qualified Non-profits

50% Rural – 50% Urban (MSAs)

$1 million for CRANE projects

Page 9: Tax Credit Basics Nebraska Investment Finance Authority

Qualified Allocation Plan and Qualified Allocation Plan and RulesRules

The QAP governs the annual distribution of tax credits

Points are awarded for specific itemsApplicants must meet threshold

requirements.QAP and Application can be

downloaded from NIFA website: www.nifa.org

Page 10: Tax Credit Basics Nebraska Investment Finance Authority

Threshold RequirementsThreshold Requirements

Development Costs Determined Preliminary Plans and Specifications Site Control (valid for 90 days). Zoning Approved (or conditional use permit) Utilities are available and adequate. List of Board of DirectorsState and/or Local Subsidies

Page 11: Tax Credit Basics Nebraska Investment Finance Authority

Threshold RequirementsThreshold Requirements

Syndicator Interest Letter (valid for 6 months). Construction/Permanent Financing (valid for 6

mos.) 15 Year Operating Proforma Site Specific Market Study Pre-notification to the Mayor Capital Needs Assessment (for Rehab Only)

Page 12: Tax Credit Basics Nebraska Investment Finance Authority

UnderwritingUnderwriting

Site information Construction design Estimated development costs Financing structure Organization Structure (capacity at G.P

level?) Market Study Financial Feasibility

Page 13: Tax Credit Basics Nebraska Investment Finance Authority

Calculations of Tax Credits and EquityCalculations of Tax Credits and EquityTotal Development Cost $3,000,000Less: Non-eligible (i.e. land-soft cost) (200,000)Eligible Basis $2,800,000Applicable fraction X 100%Qualified Basis $2,800,000Tax Credit Applicable Percentage X 9%Annual Tax Credit 252,000Tax Credit Period X 10 yrs.

$2,520,000Equity at $.80 per Credit X .80

$2,016,000

Total Development Cost $3,000,000Less: Equity $2,016,000Required Debt $ 984,000

Page 14: Tax Credit Basics Nebraska Investment Finance Authority

In today’s market the average In today’s market the average development must has a least two or development must has a least two or three sources of funding.three sources of funding. Low-Income Housing

Tax Credits Affordable Housing

Trust Fund Federal Home Loan

Bank HOME funds USDA – Rural

Development funding

CDBG TIF funds Historic Tax Credits Tax Exempt Bond

Financing Developer Note Grants

Page 15: Tax Credit Basics Nebraska Investment Finance Authority

Other Important DatesOther Important Dates

Conditional Reservation:– Follow-up information due within 60 days of Board approval.

Carry-over Application– Due November 1 for projects receiving allocations prior to

June 30. Projects receiving allocations after June 30 have 5 months from the date of conditional reservation.

Cost Certification Application– Due 60 days from PIS.

Annual Compliance Reports– Due by January 15th following the PIS date, and each year

thereafter.

Page 16: Tax Credit Basics Nebraska Investment Finance Authority

LIHTC FeesLIHTC Fees

Application Fee: Greater of 1% of annual credit request or $500.

Reservation/Carry-over Fee: 2% of annual credit request.

Allocation Fee: Due at Cost Certification: 2% of annual credit actually allocated.

Annual Compliance Fee: 2% of annual credit actually allocated.

Page 17: Tax Credit Basics Nebraska Investment Finance Authority

MaximumsMaximums

NIFA does not prescribe maximum per unit costs.

NIFA allows no more than $450,000 per development. Developers no more than 34% of total allocation.

Developer Fees and Contractor Profit/Overhead combined can be no more than 20% of eligible basis.

Page 18: Tax Credit Basics Nebraska Investment Finance Authority

Compliance MonitoringCompliance Monitoring

Annual Owner Certification of Continuing Compliance Report required.

File review and inspection required no later than the end of the 2nd year following PIS.

On-site reviews and inspections required at least every three years thereafter.

Page 19: Tax Credit Basics Nebraska Investment Finance Authority

Contact for Allocation QuestionsContact for Allocation Questions

Michael D. Fallesen

Manager of LIHTC and IDB Programs

1230 “O” Street, Suite 200

Lincoln, NE 68508

Phone: 402-434-3919

Fax: 402-434-3921

Email: [email protected]

Page 20: Tax Credit Basics Nebraska Investment Finance Authority

Contacts for ComplianceContacts for Compliance

Dudley Beyer 402-434-6931

[email protected]

Jim Hubka 402-434-6939

[email protected]

Kelly Schultze 402-434-3907

[email protected]

Teresa Kile 402-434-3916

[email protected]

Page 21: Tax Credit Basics Nebraska Investment Finance Authority

NIFA WebsiteNIFA Website

http://www.nifa.org