Projects must provide a benefit to the community. These can be housing, healthcare, social services, education, job creation, food access etc.
Community Benefit (2/2):
For a mixed-use development, you'll have 25% of your apartments be "Affordable" (NOT = Low-Income). Then, you'll have a tenant on the first floor that provides another community benefit. Nonprofits work well here.
Financing (1/2):
The CDE and the tax credit investor will take first position on your project's collateral for a period of 7 years. Your bank will have to take second position. This will be hard unless your bank has done these projects before.
Financing (2/2):
New Markets Tax Credit funding is the last money into a deal. You'll have to get 80% of your project's funding first.
Tweeting "Funding Secured" won't do it. The CDEs will want to see commitment letters and evidence of financing.
Securing the Tax Credits (1/2):
You'll need to pitch your project to Community Development Entities (CDEs) that are active in your area and that invest in projects with your defined community benefit.
Securing the Tax Credits (2/2):
You'll also need to identify CDEs that still have or will likely have tax credits available. Given the annual funding process, you may have to plan a year out.
This is the hardest part of the process and I'll devote several threads to this topic.
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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.
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