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? • 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 SizeActual 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 *400 60,000 (30,000) 30,000 *12 360,000 /1.15 313,043 3,240,000 Rental Units Per Unit Per Month Rental Income Operating Expense (50%) Net Operating Income Per Month Months Net Operating Income Debt Coverage Ratio Cash Available Loan Tax Credit Example 10,000,000 (6,575,400) ( 3,240,000) 184,600 ( 184,600) 0 Project Costs Equity Permanent Loan Unfunded Project Costs Deferred Developer Costs 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.