2015 SPECTRUM LIHTC TRAINING Maximizing Tax Credit Delivery on Acquisition/Rehabs Presented by Erik Whitton May 20, 2015 10:15am – 11:45am
Dec 13, 2015
2015 SPECTRUM LIHTC TRAINING
Maximizing Tax Credit Delivery on Acquisition/Rehabs
Presented by Erik Whitton
May 20, 2015
10:15am – 11:45am
CONTACT INFOErik Whitton
207-767-8000 x210
www.spectrumlihtc.com
Download full article with reference links on CAHEC site or Spectrum Blog
ACQUISITION REHAB
• Introduce Spectrum Article
• Failure to maximize credits = result of poor communication
• May not be IRS noncompliance
• But will be costly to the property
ACQUISITION REHAB
• Key Issue: clear communication in early stages
• All parties must be involved
• HFA; Investor; Property Ownership; Property Manager
• Note the following items (at minimum):
ACQUISITION REHAB
• Date of Acquisition
• Timing of Construction
• Will tenants relocate?
• What is 1st Credit Year?
• What is Minimum Set Aside?
ACQUISITION REHAB
• How Many LIHTC Units; How many MKT?
• What Credit Delivery Promised to Investor?
• How is “Project” Defined (Multiple BINS Only)
• What Existing Tenants Won’t Qualify?
TENANT CERTIFICATION
• In Place Tenants:
• TIC Eff Date = Date of Acquisition
• Manager has 120 days to Complete
• If no Mgt Change – you have 120 days before *and* after DOA
• Do not back date paperwork or signatures
TENANT CERTIFICATION
• Anyone certified within 120 days gets IRS Safe Harbor treatment
• And, owner can claim credits as of DOA if rehab is done in the same year
TERMINATING TENANCY
• Some HH’s may not qualify
• Owner must have Good Cause to Evict or Not Renew
• Over-income is not good cause
• Notify tenants in writing of their right to remain in the unit
• Try to work out an incentive to vacate
• Must be voluntary
RESYNDICATION
• Income and Rent Limits May Decrease
• No Longer HERA or Hold Harmless
• Existing Tenants May Pay Less Rent
RESYNDICATION
• Existing Tenant Might Be Over Income
• “Grandfathered”
• Income Only!
• Rent Must Remain Restricted
• Cannot be Ineligible FT Students
• Original Move In File Must be Good!
Good Bye! Thank You! Have Fun!