1) New Markets
Tax Credits
Attorney Advertising
Partnering with Clients
To Build Stronger Communities
2) The New Markets Tax Credit
Program transforms
communities.
We show clients how they
can make the most of every
opportunity.
3) We have helped clients use NMTCs to invigorate
communities since the program was established
by Congress in 2000.
USING NMTCs IN INNOVATIVE AND CREATIVE WAYS
We represented the East St. Louis Housing Authority and the developer Eco Jazz, Inc., NFP, in
a first-of-its-kind transaction, using NMTCs leveraged with HUD public housing development
funds. Jazz @ Walter Circle is a four-story, 74-unit, independent-living seniors housing facility in
a severely distressed community. The complex has retail and commercial components, including a
locally owned green grocer, a credit union, a community health and wellness center, office space,
a community conference center, and a garden. This transformative project is expected to serve as a
model for future public housing development.
The unique federal, state, and local public-private partnership used to finance the project involved
HUD, the State of Illinois, the City of East St. Louis, and three not-for-profit affiliates of the
Housing Authority, as well as the tax credit investor and the Community Development Entity. In
addition to public housing development funds, the project was financed with City Tax Increment
Financing and Illinois Clean Energy Community Foundation grant funds for U.S. Green Building
Council LEED Gold certification.
STRUCTURING COMPLEX DEALS
As counsel to M&T Bank, the senior leveraged lender, we closed a commercial development
transaction that financed the construction of a 300,000-square-foot, multistory, mixed-use facility
in Pittsburgh that includes a 154,000-square-foot Target Corporation department store and
structured parking facility.
The transaction leveraged HUD 108 guaranteed loan funds for brownfields redevelopment and
HUD Brownfields Economic Development Initiative (BEDI) grant funds with NMTCs. The
NMTC investment totaled more than $46 million. The complex structure involved a Qualified
Low-Income Community Investment loan with 12 notes from three community development
entities. The borrower was a “portion of the business” Qualified Active Low-Income Community
Business affiliated with the developer.
HELPING NONPROFITS BETTER SERVE THE COMMUNITY
We represented The Children’s Aid Society (CAS), a private charitable organization, and its
affiliate, 910 East 172nd Street LLC, in financing the acquisition and renovation of the third and
fourth floors of a 40,000-square-foot building for the relocation and expansion of the medical,
dental, and mental health programs of the Bronx Family Center in New York.
The project will nearly double the capacity of the Center to provide health care to some of the
poorest children in New York City. The Center is expected to receive more than 5,000 visits a
year by 4,000 children in foster care, as well as by children in other CAS programs. In addition,
a portion of the renovated space will be leased to a home health care agency. CAS acted as the
guarantor and the structure involved two “portions of the business” Qualified Active Low-Income
Community Businesses.
TAX CREDIT EXPERIENCE
We combine NMTCs with other
tax credits and financing tools:
•
Historic rehabilitation tax credits
•
Energy tax credits and incentives
•
State and local tax credits
•
Grants and subsidized loans
•
Tax-exempt bond financing
•
ARRA funds
•
Tax Increment Financing
•
Community Development
Block Grants
•
Federal agency loan guarantees
4) Investing in low-income communities is
good business. We handle all of the
regulatory, compliance, and transactional
matters associated with NMTC deals.
The NMTC program provides federal income tax credits to taxpayers investing in low-income
communities. We have been involved in the program since its inception, helping clients structure
transactions that pave the way for stronger communities and a healthy bottom line.
•
Evaluating eligibility for NMTCs and assessing risks and benefits
•
Forming, certifying, and qualifying Community Development Entities
•
Preparing, reviewing, and filing allocation applications
•
Conducting and reviewing due diligence
•
Structuring, negotiating, documenting, and closing financing transactions
•
Issuing corporate, tax, and other legal opinions
•
Assisting with regulatory filings
•
Providing compliance counseling and training
•
Handling compliance reviews, audits, and opinions
•
Counseling in the event of recapture, default, foreclosure, and refinancing
•
Financial services institutions
•
Nonprofit organizations
•
Governments and quasigovernmental agencies
•
Developers, owners, and
operators
•
Tax credit investors
•
Leveraged lenders
•
Private equity funds
•
Community Development
Entities
•
Qualified Active Low-Income
Community Businesses
Negotiating and executing allocation agreements
•
PUBLIC AND PRIVATE CLIENTS
OUR TEAM
Attorneys from the following
practices work together to advise
clients:
• Commercial finance
• Public finance
• Real estate development
• Real estate finance
• Taxation
5) Atlanta | Baltimore | Bethesda | Delaware | Denver | Las Vegas | Los Angeles | New Jersey | New York
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