Tax Advantaged Financing For Historic Buildings.

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Marjory Clarke
8 years ago
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1 Tax Advantaged Financing For Historic Buildings

2 Presented By

3 Urban Trust Capital Services Tax Credit Equity Capital Advisory Firm Representing Owners, Developers and Nonprofits. Services Include Advice on Originating, structuring and Closing Tax Credit Transactions Including Historic, Low Income and New Markets Tax Credits. Since 1994, Urban Trust, LLC has facilitated the placement of over $50 million dollars of tax credit equity.

Services Include Advice on Originating, structuring and Closing Tax Credit Transactions

4 Sample Client Projects Riverside Theatre Building, Jacksonville, FL Fitzgerald Hotel, Washington, GA Sanctuary Lofts, Tampa, FL West Lofts, Rome, GA Marriott Hotel Indigo, Atlanta, GA Old Town Bank Holiday Inn, Baltimore, MD Watermark Tower, Anniston, AL Fort McClellan Independent Living Facility, Anniston, AL Main Street Block, Little Rock, AR Swift Mill Phase l, Columbus, GA Laura Street Four Historic Buildings, Jacksonville, FL

Inn, Baltimore, MD Watermark Tower, Anniston, AL Fort McClellan Independent Living Facility, Anniston, AL

5 Nonprofit Clients * The L.E.A.R.N Charter School, Chicago, IL * DDA/Phoenix Corporate Headquarters, Waycross, GA * Georgia Children s Museum, Macon, GA * Jackie Robinson Ballpark, Daytona Beach, FL * NPS/Quapaw Bathhouse, Hot Springs, AR * Eastside High School Phase II, Little Rock, AR

Waycross, GA * Georgia Children s Museum, Macon, GA * Jackie Robinson

6 Topics Covered The Federal Historic Credit Current Investor Market and Recent IRS Guidance How Deals Work Examples of Nonprofit Historic Rehabs

7 The Federal Historic Tax Credit The federal historic tax credit has been quietly and effectively transforming historic buildings into new uses for more than 30 years. It s legacy goes back to the 1906 Antiquities Act, followed by the creation of NPS in 1916, followed by 1935 Historic Sites Act (HABS), and in 1949 the National Trust for Historic Preservation, the National Preservation Act of 1966 which established the Advisory Council, SHPO s, the National Register and Section 106. Before 1976 no incentives to rehab older buildings existed and actually tax deductions allowed for their demolition so.the Tax Reform Act of 1976 the first tax incentive to preserve historic buildings first a 60 month amortization of certified building rehab expenses, then in 1978 a 10 percent credit, then in 1981 a 25% credit for historic rehabs, 20% for non-historic 40 year old buildings and 15% for buildings 30 years old. Finally where we are today.the Tax Reform Act of 1986 which constrained credits to 20%, except in Hot Springs, and 10% for buildings pre 1936.

National Preservation Act of 1966 which established the Advisory Council, SHPO s, the National Register and Section 106.

8 Governing Federal Regulations State Historic Preservation Office and National Park Service for rehab design approval IRS Tax Code, Sections 47 and 48 income producing properties Tax Reform Act of dollar for dollar 20% investment tax credit against federal income tax liability and a 10% tax credit for pre-1936 buildings

producing properties Tax Reform Act of 1986 - dollar for dollar 20% investment

9 What is Tax Credit Equity Financing Applies to rehabilitation of privately and publicly owned income-producing certified historic properties The federal investment credit is 20 percent of eligible hard and soft costs of rehab (25% in Hot Springs) The Arkansas rehab credit is 25% of the federal eligible costs and a maximum per building of $125,000 Investors make an economic investment in the property equal to the credit amount generated by Rehab minus discount factors and investor s return requirements Property owner receives investor cash to use for the Rehab Investor claims tax credit on federal and State tax liability at Part 3

and a maximum per building of $125,000 Investors make an economic investment in the property equal to the credit amount generated by Rehab minus discount

10 Historic Tax Credit Market at a Glance * Over past 35 years HRTC leveraged more than $109 billion in private investment on historic rehabs* Over 39,600 projects approved by National Park Service (NPS) * Data provided by the National Trust for Historic Preservation

historic rehabs* Over 39,600 projects approved by National Park

11 Steps to a Tax Credit Rehabilitation: Qualify the building as contributing to a certified historic district or a National Register certified historic property Have rehab design approved by State and National Park Service Develop project budget, eligible expenditures Do ten year forecast of real estate operations

property Have rehab design approved by State and National Park Service Develop

12 How Credit Transactions Work

13 New IRS Tax Credit Investment Guidance Boardwalk Hall Court Case August 2012 IRS Safe Harbor Guidance December 2013 Guidance Includes: Tax Credit Investor treated no different than nontax credit investor in a real estate partnership No guarantees of profit &returns; tax credit partner shares upside and downside, must have meaningful interest in real estate partnership Benchmarks on fees and market comparables apply to tax credit partnerships

partnership No guarantees of profit &returns; tax credit partner shares upside and downside, must have

14 Guidance Impacts Credit pricing lowered Developer guarantees to tax credit partner reduced Five year Exit/Put guidance changed to include lessor of Exit percentage, now minimum of 5%, or fair market value of tax credit partner s interest Tax credit partner shares in partnership profits Developer paying most transaction costs

percentage, now minimum of 5%, or fair market value of tax credit partner s

15 New Historic Tax Credit Investor Market Traditionally about half a dozen Fortune 500 investors dominated the pool tax credit investors directly or through syndicators Now we see regional and local banks, new C Corps in market Many community banks are motivated by Community Reinvestment Act requirements of

through syndicators Now we see regional and local banks, new C Corps in

16 Nonprofit Historic Property Partnership Examples

17 How Transactions Work

18 Quapaw Bathhouse Hot Springs, AR A National Landmark One of seven on Bathhouse Row Owner National Park Service (NPS) Leased to Private Company/LLC for 50 Years Captured previous NPS expenditures as part of tax credit basis Renovated for SPA

Leased to Private Company/LLC for 50 Years Captured

20 Quapaw Bathhouse

21 L.E.A.R.N Charter School-Chicago

22 Phoenix Hotel, Waycross DDA

23 Phoenix Hotel Before After

24 Horne Building Case Study Built in 1903 and Located in NR District Project Cost $3.4 million 22,069 Square Feet 15 Student Apartments 2 Retail Bays Proforma-Average $1,370 Apartment Rent Proforma-$12 Per Square Foot Retail rent

26 Horne Building Financing Assisted by Milledgeville Downtown Development Authority with DDRLF Permanent Loan of $250,000 Georgia Cities Foundation Permanent Loan $250,000 DCA DRLF Loan $500,000 Georgia Cities Foundation Green Communities Loan of $150,000 Century Bank and Trust Permanent Loan of $1.3 Milllion $876,000 of federal Historic Tax Credit Equity $210,000 of Georgia Historic Rehabilitation Tax Credit Equity $15,000 of Georgia Power rebates

27 Qualified Project Rehab Expenditures $ 3,400, Allowable Tax Credit Development Fee $ 680, Total $ 4,080, Federal Historic Percentage 20% Federal Historic Tax Credit $ 816, Investor Percentage (99.99%) $ 815, Estimated Federal Credit Price 92% Estimated Historic Tax Credit Equity 750,645

34 Urban Trust Capital Financial Structuring of Tax Credit Investments for Historic Properties

Historic Mill Financing In the South. www.urbantrustcapital.com

Historic Mill Financing In the South www.urbantrustcapital.com Presented By Urban Trust Capital Services Tax Credit Transaction Advisory Firm Representing Owners, Developers and Nonprofits. Services Include