Taking Advantage of New Markets Tax Credits
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Learn about the types of projects that may qualify for New Markets Tax Credit financing and why it is preferable to conventional options.In low-income communities across the United States, the COVID-19 pandemic has wreaked havoc in areas already suffering from long-term unemployment and lack of economic growth. The New Markets Tax Credit, codified in Section 45D of the Internal Revenue Code, was enacted with bipartisan support in 2001 and recently extended for an additional five years under the Consolidated Appropriations Act as a way to combat job loss and encourage investment in low-income communities. This material will show how the use of the New Markets Tax Credit is especially appropriate in the current economic climate and will discuss how projects utilizing New Markets Tax Credits result in a subsidy to the borrower of approximately 20% or more.
AuthorsJulia Fendler, Butler Snow LLP A. Ann Hered, Butler Snow LLP Thane R. Hodson, Butler Snow LLP Binford E. (Trey) Parker III, Butler Snow LLP
Why NMTCs Over Conventional Loans?
Which Projects Qualify? How Do Projects Qualify?
• Section 45D and the Consolidated Appropriations Act
• Types of Projects That Qualify
- Sin Businesses and Farming
- Residential Rental Property and Mixed-Use Developments
• Census Tracts
- Severely Distressed
- Secondary Criteria
• Targeted Populations
• Who Are the Other Players?
- How Does the Application Process Work?
- How Many Entities Receive Awards?
Where Does the Rest of the Capital Stack Come From and What Is an Example of How We Structure It?
• Various Loans
- Source Loan
- Leverage Loan
- QLICI Loans
• Structuring a New Markets Tax Credit Transaction
- For Profits
- Quasi-Governmental Entities
- Example Structure Chart
• What Is the Compliance Period and What Happens When It Is Over?
Playing Nice With Other Types of Tax Incentives
• Historic Tax Credits
• State Tax Credits
• Energy Credits
How Can NMTCs Help in COVID-19 Affected Low-Income Communities?
• What Are Some Groups That Historically Have Not Benefited From NMTCs?