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The Low Income Housing Tax Credit Program. The LIHTC Program. Created by Section 42 of the Internal Revenue Code Administered by State Housing Finance Agencies Each state allowed $1.75 per capita annually. # of Units Completed. Low initial start due to difficulty of program
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The LIHTC Program • Created by Section 42 of the Internal Revenue Code • Administered by State Housing Finance Agencies • Each state allowed $1.75 per capita annually
# of Units Completed • Low initial start due to difficulty of program • Leveled off as costs increase http://www.danter.com/taxcredit/stats.htm
What is Low Income Housing? • Program is for rental housing • Some lease purchase deals – 15 year • Eligibility based on tenant income • 40 % of units below 60% income or • 20% of units below 50% income • Maximum allowable rents set based on HUD guidelines • Housing mainly for families but also includes elderly, SRO, and special needs
What is a Tax Credit? • Tax Credit - dollar for dollar reduction in tax liability • Tax Deduction – offset to pre-tax income • LIHTC projects make use of both types of benefits
Tax Credits vs Tax Deductions No Tax Credit/ No Deduction Deduction Tax Credit Income from Operations $100,000 $100,000 $100,000 Operating Expenses $50,000 $50,000 $50,000 Deductions None $10,000 None Taxable Income $50,000 $40,000 $50,000 Tax Liability (@35%) $17,500 $14,000 $17,500 Tax Credits None None $10,000 Net Tax Liability $17,500 $14,000 $7,500
Types of Tax Credits • 9% New construction/Rehab credit • Most common credit • 4% Acquisition Credit • Used when purchasing an existing building • 4% New construction/Rehab with federal funds • Bond Deal • HOPWA • Value fluctuates with interest rates • Current value 9%=7.96%, 4%=3.14%
The 9% Credit • Percentage applied to eligible basis to determine amount of credit • Eligible basis included depreciable assets • Development costs minus – land, building acquisition costs, grants or other credits, fees and costs related to perm loan, syndication costs, operating expenses including reserves • Adjustments to eligible basis • Qualified basis – adjusts by applicable fraction • % of units set aside for low income • Most projects are 100% low income • Basis boost • Qualified Census Tract (QCT) – 30% boost • Difficult to Develop Area (DDA) – 30% boost
4% Acquisition Credits • Cost of purchasing building qualifies if: • Project includes substantial rehabilitation • Meets requirements of 10 year rule • No basis boost for acquisition basis • Adjust basis for applicable fraction of low income units
Computing the Credit Amount Eligible Basis $1,000,000 Applicable Fraction 100% QCT Basis Boost 30% Total qualified basis $1,300,000 X Treasury Rate 7.96% Annual Tax Credit $103,480
Computing the Equity Value Annual Credits $103,480 X 10 Years X 10 Total Credits $1,034,800 NPV @12% $584,685
Equity for Losses • Example: Operating Losses $100,000 per year 15 years losses Tax benefit $35,000 per year 15 years NPV @ 12% = $238,380
Total Equity Tax Credit Equity $584,685 Loss Equity $238,380 Total Equity $823,065 Total Tax Credit $1,034,800 Equity price $0.79
Syndicating The Tax Credits • Sell credits to investors to generate equity • Set up funds with Limited Liability Corporations or Limited Partnerships • Benefits flow through the partnership to investors
Sources to Fill Gap • HOME, CDBG Funds • AHP Funds • Other local funds • Deferred Developer Fee • Structured as loans not grants
How to Get the Credits • Competitive process • Scoring based on QAP • Ohio QAP awards points for characteristics • Unit amenities, AC, Energy Efficiently, 2 baths • Special needs units • State/City support • GP/Developer experience • Management company experience
Timeline • Apply for credits – Different for all states • Receive Reservation of Credits • Incur at least 10% of costs in year 1 • Complete project and place in service within 2 years • Tax credits begin at qualified occupancy • Keep units in compliance • Restrictions • Low income for 15 years or recapture • Many have extended use 15 more years
What Happens in Year 15? • Expiring Properties numbers increasing • Property reuse options • Acquisition and continue • Acquisition and resale • Acquisition and rehab • Re-syndication • Refinance • Homeownership (lease-purchase)
Exit Strategies • GP right of first refusal • Debt plus exit taxes • Fair market value sale • If property has appreciated significantly • Bargain Sale • Where fair market value exceeds debt • Withdrawal of investor
What is Exit Tax? • Cumulative losses > capital invested • Must recapture with gain at disposition • Who pays determined in the agreement • Can begin to mitigate at year 11 • Allocate losses • Forgive debt • Reduce investment by 1/3 • Is this a good idea?