These tax credits (which are sold for cash) can subsidize 15%-20% of a project's budget
Qualifying projects must be in low income areas and provide a benefit to the community (housing, jobs, healthcare, education, food access etc.)
Here's what the process looks like:
3. Each year the US Treasury "allocates" or awards these New Market Tax Credits (#NMTC) to Community Development Entities (CDEs). 4. CDEs compete for these tax credits and only 1/3 CDE that applies gets an award in any given year.
5. CDEs then look for qualifying projects in which to invest their NMTCs. 6. For every 10-15 qualifying projects available, only one receives an allocation of NMTCs. So this step is very competitive and is where I spend my time.
7. If your project receives an allocation, a bank will come in and buy the tax credits. This sale generates the cash subsidy. 8. Technically, New Markets Tax Credits (#NMTC) are generated by a CDE when they invest capital into a project. So, all funds have to pass through a CDE.
9. Also technically, the tax credit doesn't fully vest for seven years. 10. These constraints give rise to the New Markets Tax Credits (#NMTC) structure:
11. Upper left you see a bank (or project developer) lending funds to the structure. This is called the "Leverage Loan", but you can just consider it the money you put into the structure.
This is "Loan A" and is passed through the structure unchanged.
12. Upper right represents the funds that the tax credit buyer will put into the structure. You can consider this the subsidy (gross, before fees).
This is "Loan B" and it gets passed through the structure but gets beaten up by fees along the way.
13. Both Loan A and Loan B are combined and passed through the CDE which invests the funds into the qualifying project. 14. This generates the tax credit which goes to the tax credit investor.
15. The qualifying project receives both Loan A (their money in) and Loan B (investor's subsidy). 16. Loan A is market rate. Loan B is 1% interest only and... 17. After the structure has been in place for seven years, the tax credit fully vests, then the structure collapses
18. and Loan B is forgiven - turns into a grant.
The tax credit investor, CDE and project sponsor all walk away, but the project gets to keep the Loan B cash proceeds.
The next thread will be an outline of how to get these funds for your project - a practitioner's guide.
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2/ Strategy #4 is an earn out option where the Seller sets up a consulting company and provides some scope of services to the Buyer's new business. In return they receive business income that can be tax sheltered using a Solo 401(K) or a Defined Benefit Pension program.
3/ Up to around $500K/year can be tax sheltered. This is great for the Seller because they can quickly fund a retirement IRA type investment account.
(Note: They will have to pay ordinary income taxes when they withdraw funds. This needs to be weighed against base tax rates.)
Value: $7K/Employee/Quarter from March 2019 to Q2 2021 (the first 70% of wages paid to each employee up to $10K/Quarter)
How to Qualify (Option 1): Revenues in a qualifying quarter must be 20% less than the corresponding quarter in prior yr.
How to Qualify (Option 2): Have a business that "is fully or partially suspended during the calendar quarter due to orders from an appropriate governmental authority limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes) due to" C19
You must also have less than 500 employees.
You can take the PPP loan in addition to the ERTC.
Finally, the ERTC is REFUNDABLE = cash (the IRS pays you as though you had overpaid your taxes).
"How Real Estate Developers Subsidize 10% to 30% of Their Projects"
This is how my real estate clients put deals together using tax credits.
My first ever Twitter thread... 👇
I'll be discussing:
Turning Tax Credits (TC) into cash at closing
Brownfield TCs
New Markets TCs
Low Income Housing TCs
Historic TCs
Tax Increment Financing
Building out the capital stack
First, the 3 types of tax credits
Refundable: It’s a grant. You get a cash “refund” as though you had overpaid your taxes
Assignable: You can sell the tax credit to another tax payer for cash
Regular: You can use it to offset your tax liability