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The U.S. Department of Housing and Urban Development (HUD) annually releases income limits to determine eligibility for low-income housing tax credit (LIHTC) properties. HUD also releases caps that determine the maximum annual income a family can have and still be eligible to occupy HUD-assisted and LIHTC-financed housing, as well as to determine the maximum rent that tenants can be charged. On this week's Tax Credit Tuesday, Michael Novogradac, CPA, and Thomas Stagg, CPA, discuss the income limits cap'which is 5.92% this year'and whether HUD could have a more predictable methodology to set the cap. They discuss what the cap affects, the history of income limit caps and speculate why HUD changed its methodology in 2022. After that, they look at how a lack of predictability is a challenge in affordable housing, possible methodologies HUD could use and look at key upcoming dates in setting the 2024 income limits and cap.

This summer marks five years since the effective launch of the opportunity zones (OZ) incentive. In this episode of Tax Credit Tuesday, Michael Novogradac, CPA, and guests John Sciarretti, CPA, and Jason Watkins, CPA, discuss OZ hot topics, such as the recently introduced Opportunity Zones Transparency, Extension and Improvement Act, which would create rural opportunity zones and create reporting requirements. They also discuss eight common OZ mistakes and how to avoid or correct them.

One of the crucial steps to an affordable housing property receiving low-income housing tax credits (LIHTCs) is the placed-in-service application the developer files with the housing credit agency. That application sets up the property to receive its Internal Revenue Service (IRS) Forms 8609, which allocate the tax credits on a per-building basis. In this Tax Credit Tuesday podcast, Michael Novogradac, CPA, and Novogradac partner Tabitha Jones, CPA, talk about the placed-in-service application. They begin by discussing what is in the application and variations from state to state. After that, they address common mistakes made in placed-in-service applications, the differences between such applications for 4% LIHTC and 9% LIHTC transactions and the role of final cost certifications in the application.

With market and economic conditions changing so rapidly, historic tax credit (HTC) developers, syndicators, investors and lenders are updating their financial models more frequently for their HTC projects. In this episode of Tax Credit Tuesday, Michael Novogradac, CPA, and guest Dave Graff, CPA, discuss specific development costs that they see changing most often in the current economic environment, as well as some of the unexpected situations that arise that can cause delays in tax credit delivery.

Developers, investors, syndicators, property managers and more know there are plenty of upsides to partnering with nonprofit organizations to develop and manage low-income housing tax credit properties. In this week's episode of Tax Credit Tuesday, Michael Novogradac, CPA, and Lance Smith, CPA, discuss four key tax considerations for anyone considering partnering with a nonprofit developer to build affordable housing. The pair discuss a vital piece of information regarding tax-exempt use property and the importance of material participation by a nonprofit developer and then conclude with a discussion of programs and subsidies possible when partnering with nonprofit partners, including potential access to grant funding.

Capitol Hill has seen a flurry of legislation introduced this year to strengthen, expand, extend or create tax incentives in affordable housing and community development. The low-income housing tax credit, historic tax credit, new markets tax credit, opportunity zones and more are just some of the incentives that could be affected by recently introduced legislation. In today's Tax Credit Tuesday, Michael Novogradac, CPA, and Peter Lawrence, Novogradac's director of public policy and government relations, discuss an overview of each of the bills and the incentives they would impact. Later, they discuss possible vehicles for passage for the various bills as well as steps those in affordable housing and community development can take now to push for the legislation.

Building for-sale affordable housing in economically distressed areas is a challenge that many for-profit and nonprofit developers face and a key hurdle is gaining financial equity. One method is the use of new markets tax credits to finance such housing and in today's Tax Credit Tuesday, Michael Novogradac, CPA, and Novogradac partner George Barlow, CPA, discuss the issues and opportunities related to such financing. They begin by talking about possible sources for such housing, then discuss the requirements for NMTC-financed for-sale housing, who is involved in this and where it works best. They also discuss how and when to contact a community development entity, significant tax issues and more.

The U.S. Department of Housing and Urban Development (HUD) released 2023 income limits to determine eligibility for low-income housing tax-credit (LIHTC) properties and HUD-assisted programs last week. On this week's Tax Credit Tuesday, Michael Novogradac, CPA, and Thomas Stagg, CPA, discuss the income limits and the implications for operators of LIHTC properties. They look at the big-picture takeaways, then examine the effects of the cap on properties. After that, they discuss action steps to take now, what we expect for 2024 and what resources are available to those who are interested.

Several upcoming deadlines and changes in low-income housing tax credit (LIHTC) property compliance have wide-ranging implications for developers, owners, investors, property managers and beyond. Michael Novogradac, CPA, and Stephanie Naquin, HCCP, COS, discuss four major issues on the horizon in 2023 in property compliance: the average income set-aside, the implementation of new income and asset rules, new physical inspection protocols and income limits. They cover what listeners need to know on each of these topics as well as providing insights for listeners for key dates and deadlines to keep in mind in the months ahead.

The Community Development Financial Institutions Fund incentivizes community development and economic growth through the new markets tax credit (NMTC). Small business loan funds are one way community development entities (CDEs) can invest in small businesses in amounts up to $4 million. In today's episode of Tax Credit Tuesday, Michael Novogradac, CPA, and Greg Clements, CPA, discuss the pros and cons of small business loan funds for CDEs, lenders, borrowers and more. They discuss the reasons a CDE might use a loan fund rather than a series of loans as well as strategies for implementing the funds. They also discuss how a CDE might structure loan funds with the ability to make them into evergreen funds.

The Inflation Reduction Act of 2022 allows for the transferability of certain renewable energy tax credits, including the production tax credit (PTC) and the investment tax credit (ITC). As the renewable energy community awaits further guidance from the Internal Revenue Service, Michael Novogradac, CPA, and Josh Morris, CPA, discuss in this week's podcast the basics of transferability, including how it compares to more traditional renewable energy partnership structures. They discuss possible issues around timing and recapture, as well as anticipated guidance about transferability of renewable energy tax credits.

Federal law generally requires low-income housing tax credit (LIHTC) properties to remain rent restricted and only available to low-income tenants for a minimum of 30 years. This period of required affordability beyond Year 15 is called the extended-use period. Some states extend the affordability period even longer. As more LIHTC properties reach or approach Year 30, Michael Novogradac, CPA, and Novogradac partner Chris Key, CPA, discuss four common options for LIHTC owners at Year 30, including the benefits, considerations and challenges of each.

A growing number of real estate developers are choosing U.S. Department of Housing and Urban Development (HUD)-insured loans: Section 221(d)(4) and Section 223(f). Both programs allow real estate developers to borrow more money at lower interest rates and longer amortization terms, compared to most conventional loans. Michael Novogradac, CPA, and Novogradac partner Tiffany French, CPA, compare and contrast the benefits and requirements of Section 221(d)(4) and Section 223(f) loans with conventional loans.

The Financial Accounting Standards Board released Accounting Standards Update 2023-02, which expanded the ability to use the proportional amortization method of accounting to all tax credits. Michael Novogradac, CPA, and Novogradac partner Brad Elphick, CPA, discuss what the announcement means for multiple types of tax credit investments, including federal low-income housing tax credits, new markets tax credits, historic tax rehabilitation credits and renewable energy tax credits such as the production tax credit and investment tax credit. They discuss how the impacts of proportional amortization can be further expanded and how additional action could spur deeper change.

The Financial Accounting Standards Board (FASB) published Accounting Standards Update (ASU) 2023-02 on March 29, which expands the proportional amortization method to account for investments in all tax credit structures. That accounting method was previously allowed only for low-income housing tax credit (LIHTC) investments, but now is available, by election, to all community development tax credit investment reporting that meet five conditions. Michael Novogradac, CPA, and Novogradac partner Nat Eng, CPA, discuss the implications of ASU 2023-02 for renewable energy investment, including key aspects of the guidance, the hurdles of applying proportional amortization and ways to overcome those hurdles.

Due to uncertainty about U.S. Department of Housing and Urban Development funding levels each year, a growing number of public housing authorities (PHAs) are exploring asset repositioning options for their public housing stock. Michael Novogradac, CPA, and Novogradac partner Rich Larsen, CPA, discuss five common asset repositioning options, including the Rental Assistance Demonstration (RAD) program, RAD with Section 18 blends, streamlined voluntary conversions, homeownership and maintaining the status quo. Learn about the benefits and challenges of each option.

Developers of historic buildings know that preserving the architectural integrity and historic character of a property adds significant additional development costs, which in turn, creates or expands a financing gap. Michael Novogradac, CPA, and Novogradac partner Warren Sebra, CPA, discuss additional financing sources for historic preservation, beyond the federal historic tax credit. They discuss the low-income housing tax credit, state historic tax credits, the new markets tax credit, the solar tax credit and Section 45L credit, and opportunity zones.

Provisions in last summer's Inflation Reduction Act (IRA) created "adders" to the renewable energy investment tax credit when solar power is installed on affordable housing properties. In this week's Tax Credit Tuesday podcast, Michael Novogradac, CPA, and Novogradac partner Dirk Wallace, CPA, discuss the provisions'both for affordable housing and for other low-income communities. They take a brief detour to discuss the Internal Revenue Code Section 45L credit expansion that was part of the IRA, then talk about Internal Revenue Service guidance concerning the allocation plan for 1.8 gigawatts of solar power, including how many properties may receive allocation, the timeline for the applications and what developers should be doing now to get ready. They also discuss issues for investors and syndicators of low-income housing tax credits and forthcoming guidance, including how benefits to tenants will be measured.

Housing starts'including multifamily'have outpaced household formation over the past three years, although the longer-term trend is the reverse: That households are forming faster than homes are being created over a five- and 10-year period. In this week's Tax Credit Tuesday podcast, Michael Novogradac, CPA, discusses the short- and long-term effects of housing trends with Kelly Gorman, a Novogradac partner in the company's valuation practice. They discuss whether market-rate apartment rents are dropping anywhere close to low-income housing tax credit (LIHTC) properties, what types of housing or geographical areas would be first to feel the effects of such a change and how a recession could affect affordable housing'taking a look back to the Great Recession and the pandemic-influenced recession for context. They include what factors affordable housing developers and owners should examine to see whether the supply-and-demand balance is changing in their area.

Standalone energy storage became eligible for the renewable energy investment tax credit (ITC) through a provision in the Inflation Reduction Act, which was signed into law last summer. In this week's Tax Credit Tuesday podcast, Michael Novogradac, CPA, discusses the implications and opportunities for that with Rob Bryant, CPA, a Novogradac partner. They examine the need for storage, how storage's eligibility for the ITC changed the market and how to determine whether standalone storage makes sense for you. They also examine the amount of tax credit equity that might come into a standalone storage, how it could play out on a smaller scale and what issues developers should address.