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Jan 03, 2024

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Experience

Our commercial finance team can provide the following services, among others, in connection with various state and federal tax credit programs:

Opportunity Zone (OZ) Tax Incentive
  • Provide advice regarding OZ program and benefits.
  • Organize Qualified Opportunity Funds (QOF) and Qualified Opportunity Zone Businesses (QOZB).
  • Structure and advise clients with respect to QOF and QOZB investments.
  • Negotiate and document qualified OZ real estate and operating business transactions.
  • Provide guidance on compliance and reporting requirements related to OZ investments.
  • Inform on legislative and administrative updates related to OZ tax incentive.
New Markets Tax Credits (NMTC)
  • Organization and certification of Community Development Entities (CDEs).
  • Assistance with applications for NMTC allocations and execution of NMTC Allocation Agreements.
  • Evaluation and advice regarding prospective transactions and structuring.
  • Negotiating terms with CDEs, tax credit investors, lenders or qualified businesses on behalf of our client in connection with an NMTC transaction.
  • Preparation and/or review of all corporate and financing transaction documents and applicable opinion letters as needed to reach a successful closing.
  • Reviewing and assisting with ongoing NMTC program compliance and unwind of NMTC transaction upon expiration of the tax credit compliance period.
Historic Tax Credits (HTC) 
  • Evaluation and advice regarding prospective transactions and structuring post Rev. Proc. 2014-12 and safe harbor guidelines.
  • Addressing specific matters related to tax-exempt entities.
  • Providing guidance regarding rehabilitation requirements, reasonable fees and services, IRC 50(d) income, partnership tax considerations and other HTC topics.
  • Leading, documenting, negotiating and successfully closing the HTC transaction.
  • Combining HTCs with other tax credits, including NMTCs and LIHTCs.
Low-Income Housing Tax Credits (LIHTC) 
  • Drafting and negotiating limited partnership and operating agreements to facilitate optimum, ongoing developer and investor relationships.
  • Advise on complex tax structuring points and prepare and issue tax opinions.
  • Work with tax-exempt bond issuers, lenders, credit agencies and local authorities to coordinate multiple financing components and documentation.
  • Review and analyze syndicated investments and negotiate subscription and fund documents.
  • Guide clients through year 15 dispositions and investor exits.

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