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LOW-INCOME HOUSING TAX CREDIT SHOWCASE

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Low-Income Housing Tax Credit Showcase<br />

T<br />

About the Low-Income<br />

Housing Tax Credit<br />

The low-income housing tax credit (LIHTC), created in<br />

1986 and made permanent in 1993, helps to finance the<br />

construction and rehabilitation of virtually all low-income<br />

affordable rental housing developed annually. Congress<br />

created this as an incentive for private developers and<br />

investors to provide more affordable rental housing.<br />

The LIHTC gives investors a<br />

dollar-for-dollar reduction in their<br />

federal tax liability in exchange<br />

for providing financing to<br />

develop affordable rental housing.<br />

Investors’ equity contribution<br />

subsidizes low-income housing<br />

development, thus allowing<br />

subsidized units to rent at belowmarket<br />

rates. In return, investors<br />

receive tax credits paid in annual<br />

allotments, generally over 10 years.<br />

Without the incentive, affordable<br />

rental housing developments are<br />

generally financially infeasible.<br />

Because they involve<br />

significant dollar investments<br />

and the investors are generally<br />

sophisticated institutional<br />

investors, LIHTC developments<br />

have more oversight than other<br />

supply-side affordable rental<br />

housing efforts. Investors<br />

constantly monitor their LIHTC<br />

assets and they generally require<br />

additional testing and auditing<br />

beyond what is required by<br />

the LIHTC statute or the credit<br />

allocating agency.<br />

Within general guidelines<br />

set by the Internal Revenue<br />

Service (IRS), state housing<br />

agencies administer the LIHTC.<br />

State agencies review tax credit<br />

applications submitted by<br />

developers and allocate the credits.<br />

The statute requires that state<br />

allocation plans prioritize projects<br />

that serve the lowest-income<br />

tenants and ensure affordability for<br />

the longest period.<br />

Once an applicant secures a tax<br />

credit reservation, the developer<br />

must leverage the financial<br />

resources for the development.<br />

Under a typical LIHTC transaction,<br />

a developer must secure a<br />

conventional loan from a private<br />

mortgage lender or public agency,<br />

gap financing from a public or<br />

private source and equity from the<br />

developer or private investor in<br />

exchange for the tax credits.<br />

In addition to careful screening<br />

by credit allocating agencies,<br />

third-party investors also spend<br />

considerable time reviewing and<br />

assessing the financing, market<br />

forecasts, and forecasted operating<br />

cash flows of the LIHTC properties<br />

in which they are investing. This<br />

additional review often results in<br />

a more durable financial structure,<br />

such as funding of additional<br />

cash reserves.<br />

During the life of a property,<br />

the riskiest period from an owner’s<br />

standpoint is the construction or<br />

rehabilitation phase. Under the<br />

LIHTC, the federal government is not<br />

subject to construction and lease-up<br />

risk because LIHTCs are not earned<br />

until a development is completed,<br />

placed in service at federal property<br />

quality standards and leased up with<br />

qualified tenants.<br />

Once the property is built,<br />

states must ensure that it meets the<br />

LIHTC eligibility requirements.<br />

The LIHTC property must comply<br />

throughout the 15-year period<br />

or investors will be exposed<br />

to recapture of some of the<br />

credits. State housing agencies<br />

are responsible for monitoring<br />

LIHTC properties by conducting<br />

inspections and requiring owners<br />

to certify on an annual basis that<br />

they are renting units to qualified<br />

low-income tenants. If property<br />

owners are found to be out of<br />

compliance, they can lose some of<br />

their credits. The fact that credits<br />

2 Novogradac & Company LLP

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