News & Analysis as of

Real Estate Development LIHTC

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

Ballard Spahr LLP

D.C., Maryland Multifamily Housing Update: Prince George’s County Rent Control, Montgomery County Tenant Protections, Montgomery...

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There have been a number of new regulatory developments since our prior Alert, including updates on Prince George’s County rent control, Montgomery County tenant protections, Montgomery County Right of First Refusal (ROFR)...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

Williams Mullen

Four Revamped Tax Incentives with Real (Estate) Implications

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The Inflation Reduction Act of 2022 (the “IRA”) will disburse approximately $370 billion to spur private sector building decarbonization. As it relates to commercial real estate, there are at least four (4) key tax incentives...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

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

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

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

Winthrop & Weinstine, P.A.

10 Red Flags in LIHTC Deals - Attorney David Davenport identifies potential "red flags" in LIHTC project partnerships, and...

With the rapid increase of year-15 disputes and growing issues surrounding industry Aggregators, LIHTC developers should look out for the following “red flags” in their project partnerships — all of which are drawn from our...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

Winthrop & Weinstine, P.A.

LIHTC Year 15: Determining the Right Strategy

Attorney David Davenport explains the importance of a clearly defined Year 15 exit plan as part of a healthy foundation for an LIHTC project partnership. LIHTC (low-income housing tax credit) deals thrive on their win-win...more

Orrick, Herrington & Sutcliffe LLP

Yes For Affordable Housing – The Impact of Oregon’s Measure 102

Oregonians approved statewide ballot Measure 102 on November 6 and, in doing so, have provided local governments in Oregon with a powerful new tool to help address Oregon’s affordable housing crisis. The passage of Measure...more

Burns & Levinson LLP

Don't Do Too Well While You're Doing Good - Avoiding Bank Liability in Low-Income Housing Tax Credits

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The federal low-income housing tax credit program is an opportunity for banks to do well and do good at the same time – a nice parlay for an industry that is routinely pilloried in the media as cold and heartless. Lenders can...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Elon Musk had some explaining to do in light of his “funding secured” tweet on August 7 in the context of taking Tesla private, and he’s gone to the corporate blog to do so, arguing that his meetings with representatives of...more

Ballard Spahr LLP

Massachusetts Court Rules on LIHTC Right of First Refusal Provisions

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On June 15, 2018, the Massachusetts Supreme Judicial Court affirmed a grant of summary judgment by the Massachusetts Superior Court to a nonprofit developer allowing it to exercise its Section 42 right of first refusal...more

Burr & Forman

7 Most Frequently Asked Questions About Opportunity Zones

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Qualified Opportunity Zones were included as part of the Tax Cuts and Jobs Act which became law in December 2017. The zones were originally introduced as the Investing in Opportunity Act sponsored by South Carolina Senator...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

Tax Reform – Consolidated Appropriations Act Provides Added Bonus for LIHTC Projects

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On March 23, the President signed the Consolidated Appropriations Act, 2018 (H.R. 1625), a $1.3 trillion dollar spending bill that funds the federal government through September 30, 2018. ...more

Ballard Spahr LLP

Tax Reform Actualized and the Impact on Affordable Housing and Community Development

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As we know, the President has signed what was originally titled Tax Cuts and Jobs Act, the most significant overhaul to the U.S. Tax Code since 1986. The President signed the Act into law after the first of the year in order...more

Ballard Spahr LLP

HUD Secretary States: RAD – “We need to lift the cap”

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At the National Housing Conference 2017 Annual Policy Symposium on June 9, 2017, HUD Secretary Ben Carson delivered the keynote address and participated in a Q&A session with Chris Estes, President and CEO of NHC. While much...more

Miles & Stockbridge P.C.

Baltimore’s Homeless Youth: The Cost of Eliminating the Low-Income Housing Tax Credit Market

The Low-Income Housing Tax Credit (“LIHTC”) is one of the most important resources for creating affordable housing in the United States today. Created by the Tax Reform Act of 1986, the LIHTC program gives State and local...more

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