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How to Finance Affordable Housing with Low Income Housing Tax Credits July 10, 2007. Outline. Overview Industry Statistics (Estimates) What Are Low-Income Tax Credits(LIHC) Administrative Roles of the States How Credits Are Awarded to LIHC Project How Are LIHC Projects Funded?
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How to Finance Affordable Housing with Low Income Housing Tax CreditsJuly 10, 2007
Outline • Overview • Industry Statistics (Estimates) • What Are Low-Income Tax Credits(LIHC) • Administrative Roles of the States • How Credits Are Awarded to LIHC Project • How Are LIHC Projects Funded? • What Are The Compliance Requirements? • Who Invests In LIHC Projects? • What Does The Developer Give To The Investor? • What Does The Developer Keep? • How Is A Tax Credit Transaction Structured?
What Are Low Income Housing Tax Credits? • Tax Credits Are Used To Reduce Federal Income Tax • Individuals • Corporations • Federal Government Allocates Credits To Each State Annually • $1.95 Multiplied By State Population (2007) • State Credit Ceiling
What Are Low-Income Housing Tax Credits? • Available For Rental Housing Only • Tax Credits Are Claimed By Investors Over A 10 Year “Credit Period” • 15 Year “Compliance Period” - Project Must Be Rented To Low-Income Tenants • Extended Use Requirements - 30 Years+ • EB x LIOP x CP x 10 = Credits • EB = Eligible Basis, LIOP = Low Income Occ. % & CP = Current %
Administrative Roles Of The States • Responsible For Reserving and Allocating Tax Credits • Determine Competitive Process • (Beauty contest) • Assess Financial Feasibility • Monitor Development Process • Compliance Monitoring • Varies by State IRS = Minimum of 1 twice every 3 years
How Are Credits Awarded? • State Housing Agencies Responsible For Administering The Program • LIHC Allocations Made In Accordance With A Qualified Allocation Plan (QAP) • QAP Documents Local Affordable Housing Need • “Beauty Contest” Determines Which Projects Will Be Awarded LIHC • Application Cycles Vary From State To State • Program Oversubscribed In Almost Every State
How Are LIHC Projects Funded? • Equity Sources • Public Funds • Private Funds • Corporations • 30-65% Of Project Funded From Equity
How Are LIHC Projects Funded • Balance Of Cost Funded From Debt • For-Profit Lenders • Federal, State And Local Programs • HOME Funds • Community Development Block Grants • Affordable housing Program • Other State And Local Programs
What Are The Compliance Requirements? • Tax Credits Available For “Low-Income Units” Only • Restrictions On Low-Income Units • Income Restrictions • Rent Restrictions
What Are The Compliance Requirements? • Income Limitations • Percentage of Area Median Gross Income - HUD Limits • Income Limits Adjusted For Family Size-Actual Number of People Living In The Unit • Deeper Restrictions Often Imposed By States • Elections • 40/60 Set Aside • 20/50 Set Aside
What Are The Compliance Requirements? • Rent Limitations • Maximum Rents Generally Equal To 30% Or Less Of Imputed Income Limits • 1.5 Persons Per Bedroom - Bond = 1 per bd. • 2 Bedrooms Is Deemed To Have Three People For Rent Restriction • Area Median Gross Income Figures From HUD Are Based On A Four Person Family
Who Invests In LIHC Projects? • Types Of Investors - Tax Law Governs • Corporate Investors • Individual Investors • Total Annual Equity Investment - Over $2.5 Billion
What Does The Developer Give To The Investor? • Generally 99 to 99.99% Of The Partnership • Tax Credits • Losses • Generally 50 to 99.99% Of The Partnership • Available Cash • Residual Value Of Property • Capital Account Maintenance Rules Apply
What Does The Developer Give To The Investor? • Tax Credit Guarantees • Construction Completion & Deficit • Lease-up • Permanent Loan Funding • Tax Credits (Adjusters) • Tax Losses • Yield Maintenance • Compliance Monitoring
What Does The Developer Retain? • Developer Fees • Contractor Overhead And Profit • Property Management Fees • Incentive Management Fees • Operating Cash Flow • Sale Or Refinancing Proceeds
Tax Credit Example 9,000,000 Project Costs 1,000,000 Developer Fee(7,000,000*15%) 10,000,000 Project Costs (1,000,000) Non-eligible Project Costs (1,000,000) Land 8,000,000 Eligible Basis *1.3 Difficult To Develop Area 10,400,000 Qualified Basis
Tax Credit Example 10,400,000 Qualified Basis *100% Low Income Occupancy% 10,400,000 Qualified Basis *9% Credit Percentage 936,000 Credits Per Year *10 Years 9,360,000 Total Credits *.95 Credit Price 8,892,000 Equity
Tax Credit Example 150 Rental Units *400 Per Unit 60,000 Per Month Rental Income (30,000) Operating Expense (50%) 30,000 Net Operating Income Per Month *12 Months 360,000 Net Operating Income /1.15 Debt Coverage Ratio 313,043 Cash Available 3,240,000 Loan
Tax Credit Example 10,000,000 Project Costs (6,575,400) Equity ( 3,240,000) Permanent Loan 184,600 Unfunded Project Costs ( 184,600) Deferred Developer Costs 0
What Do Best Properties Have in Common? • Great real estate • Rents under market • Very strong market demand (no occupancy risk) • Very little “hard” debt • Developer job -- meet community needs • Community job -- support w/financing • TIF, Home loans, soft seconds, etc.