News & Analysis as of

LIHTC Low Income Housing

Polsinelli

Alabama To Offer State Tax Credit for Federal 4% LIHTC Projects

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As affordable housing has continued to be a topic of concern across the United States, states are evaluating ways to spur and support affordable housing development. In response to affordable housing needs, Alabama became the...more

Akerman LLP

Maximizing Tax Credits by Installing Solar at LIHTC Projects

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The increased interest in installing solar at affordable housing projects is not surprising given that the IRC Section 48 energy investment tax credit (ITC) could subsidize as much as 70 percent of the cost and the Inflation...more

Holland & Knight LLP

U.S. Tax Court Holds Bond Financing Costs Are Includible in LIHTC Basis

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A U.S. Tax Court decision entered on Feb. 20, 2024, in 23rd Chelsea Associates LLC v. Commissioner of Internal Revenue held that bond issuance and related financing costs incurred in connection with the development of a...more

Ballard Spahr LLP

Rent Control, ROFR, TOPA, and Other Multifamily Regulatory Updates

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Regulation of the multifamily industry appears to be continuing. Our most recent Alert discussed Maryland Governor Moore’s proposals for the Renters Rights and Housing Stabilization Act of 2024; rent control updates; our Rent...more

Ballard Spahr LLP

HR 7024: Low-Income Housing Legislation on the Move

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On January 19, 2024, the House Ways and Means Committee approved the bipartisan tax legislation, “The Tax Relief For American Families and Workers Act of 2024”. Two proposed changes to Section 42 of the Internal Revenue Code...more

Ballard Spahr LLP

November Multifamily Alert

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As a follow-up to our recent alert, here are some updates on regional and national legislative activity impacting real estate...more

Polsinelli

Texas Offers State Low-Income Housing Tax Credits

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Texas Governor Greg Abbott (R) recently signed Texas House Bill (H.B.) 1058, making Texas at least the 28th state, plus the District of Columbia, to offer state low-income housing tax credits to bridge the growing affordable...more

Greenbaum, Rowe, Smith & Davis LLP

An Overview of Amendments to the New Jersey Aspire Program

What You Need to Know- •The New Jersey Aspire Program has been amended to incentivize developers seeking to close project financing gap costs associated with commercial, mixed use, and residential real estate development...more

Polsinelli

Rhode Island State LIHTC: Another Step Towards Affordable Housing

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Rhode Island joins 26 other states in offering state low-income housing tax credits to bridge the growing affordable housing gap in the United States. Rhode Island Governor Daniel McKee recently signed the FY24 RI Ready...more

Burr & Forman

South Carolina Low Income Housing Tax Credit: Too Much of a Good Thing

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The availability of “affordable housing” has become a major issue in many cities, counties and states across the United States, and South Carolina is no exception. To help address the affordable housing shortage, in 2020,...more

McNees Wallace & Nurick LLC

Better Housing and Building to Improve Lives

For most people, a primary residence is the largest investment they will make over their lifetime. Therefore, it’s no surprise that people will be curious, critical, or even opposed to any type of real estate development in...more

Paul Hastings LLP

Treasury Issues Final Guidance on Housing Tax Credit Income Averaging Rule; IRS Extends Deadlines

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On October 7, 2022, Treasury issued final and temporary regulations on the income averaging rules for the low-income housing tax credit (“LIHTC”) under Section 42 of the U.S. Internal Revenue Code of 1986, as amended (the...more

Holland & Knight LLP

Sixth Circuit Gives Statutory Context to Affordable Housing ROFRs

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The federal low income housing tax credit (LIHTC) program, 26 U.S.C. § 42, is the largest driver of affordable housing in the country. In an effort to keep LIHTC projects affordable as long as possible, Congress created a...more

Pullman & Comley, LLC

House Ways and Means Committee Proposes Expansion of Affordable Housing Financing Incentives in the Reconciliation Package

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On September 10, 2021, the House Ways and Means Committee (the “Committee”) released proposed legislation providing for an expansion of affordable housing financing incentives in their portion of the $3.5 trillion...more

ArentFox Schiff

DC Mayor Announces Plans To Invest Record $400 Million Into Affordable Housing

ArentFox Schiff on

On May 24, 2021, District of Columbia Mayor Muriel E. Bowser announced plans to invest a record-setting $400 million into the District’s affordable housing production via direct injection into the Housing Production Trust...more

Cozen O'Connor

District of Columbia Legislation of Interest to Owners of Real Property in the District

Cozen O'Connor on

ELIMINATION OF TERMINATION EXEMPTION FOR DISTRICT OF COLUMBIA UNINCORPORATED BUSINESS FRANCHISE TAX - Under District of Columbia Code, resident or nonresident limited liability companies and general and limited...more

Pillsbury - Gravel2Gavel Construction & Real...

Congress Establishes the 4% Floor to Support Affordable Housing

Legislation signed into law on December 27, 2020, fixed the rate for the 30% present value low-income housing tax credit (LIHTC), which had dropped to a historic low of 3.07 in 2020, at 4% (the 4% Floor). Congress hopes that...more

Nutter McClennen & Fish LLP

CCA Benefits Low-Income Housing Projects

The Consolidated Appropriations Act, 2021 (the CCA) became law this past Sunday. The CCA has several features of interest to the low-income housing community. 4% Deal Floor: The 4% low-income housing tax credit is worthy of...more

Burr & Forman

South Carolina Housing Issues State Low Income Housing Tax Credit Policies

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South Carolina enacted a state low income housing tax credit on May 14, 2020... The South Carolina State Housing Finance and Development Authority (SC Housing) is required to issue an eligibility statement in order for a...more

Buchalter

New Income Averaging Guidance (Revenue Ruling 2020-4)

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On January 30, 2020 the IRS recently issued Revenue Ruling 2020-4 that provides additional guidance on calculating income limit designations for units in a project that has selected the Average Income Test to qualify for the...more

Nutter McClennen & Fish LLP

Gimme Shelter: An Overview on Low-Income Housing Tax Credits for Developers, Investors, and Lenders

"There are a few ways to obtain low-income housing tax credits. Each program has stress points in making it work, so there isn’t always a clear choice. Timing is often a decisive factor."...more

Bradley Arant Boult Cummings LLP

FHA Expands Program to Accelerate Financing of Low-Income Housing Tax Credit Multifamily Housing Projects

The mission of the U.S. Department of Housing and Urban Development (HUD) is, in part, to bolster the economy by strengthening the housing market, protecting consumers, and working to meet the needs for quality affordable...more

Dickinson Wright

Treasury and IRS announce designation of Opportunity Zones for 18 States

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The Tax Cut and Jobs Act of 2017 (TCJA) established a new economic development incentive, known as an “Opportunity Zone”. ...more

Sullivan & Worcester

LIHTC Bulletin

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On Friday, March 23, 2018, the President signed a $1.3 trillion Omnibus Spending bill that had been passed by Congress. Two (2) provisions of the bill are important to those involved in the Low-Income Housing Tax Credit...more

Ballard Spahr LLP

Advocating for increased funding for affordable housing – MAHC’s 2018 Housing Day

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The Maryland Affordable Housing Coalition (MAHC) held its annual Housing Day in Annapolis today.   The event brings together over 200 affordable rental housing advocates to inform legislators of the value of affordable...more

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