Assisting with Tax Credit Matters

We represent clients in a variety of tax credit matters, including:

  •  Low-income housing tax credits
  •  Historic rehabilitation tax credits
  •  New market tax credits
  •  Indiana state and local tax credits and incentives.

Low Income Housing Tax Credits

Anderson Partners LLC has extensive experience in all aspects of affordable housing projects financed with federal low-income housing tax credits.  Our team has closed hundreds of low-income housing tax credit transactions throughout the United States including, Indiana, Illinois, Iowa, Kentucky, Michigan, Nebraska, Ohio, Tennessee, and Virginia.  We advise clients in the development of affordable housing development financed with low-income housing tax credits combined with HUD HOPE VI financing, Neighborhood Stabilization funds, variable and fixed-rate tax exempt bond financing, Federal Home Loan Bank products, Community Development Block Grants, HOME funds, and other federal, state, and local conventional sources of financing.

With over 30 years of combined experience, the attorneys of Anderson Partners have developed comprehensive knowledge regarding the development of low-income tax credit projects and the complexities involved in completing such developments.  As a result of this experience, the Anderson Partners’ attorneys stand ready to work alongside its clients to help navigate through the complexities of the transaction and guide its clients to a closing while avoiding the pitfalls that can often delay the completion of the transaction and development of the project.

Our clients include:

  • Tax Credit Syndicators;
  • Direct Investors;
  • Corporate and financial institution investors;
  • Developers;
  • Lenders;
  • Public and State Housing Authorities;
  • Communities; and
  • Local Community Development Organization.
  • Our Services include:
  • Advising on and Assisting with the preparation of Low-Income Housing Tax Credit Applications;
  • Developing Business and Financing structure for transactions;
  • Locating and Procuring Funding Sources;
  • Advising on Federal Tax Matters;
  • Preparing and Negotiating Debt and Equity Documentation on behalf of Investors, Lenders and Developers;
  • Preparing Offering Memoranda and Investment Agreements;
  • Issuing Opinion Letters on all Aspects of the Development;
  • Managing and Assisting with Due Diligence Matters;
  • Assisting with the Acquisition and Development of the Real Estate;
  • Advising on  Restructuring Existing Low-Income Housing Tax Credit developments;
  • Syndication and Re-syndication of Low-Income Housing Tax Credits.

Historic Rehabilitation Tax Credits

Anderson Partners LLC has considerable experience with federal Historic Investment Rehabilitation Tax Credits.  Our attorneys represent clients in the rehabilitation of commercial, mixed-use and residential rental property nationwide.  We assist clients with rehabilitation projects financed with federal Historic Investment Rehabilitation Tax Credits, including projects combining historic tax credits with New Market Tax Credits, Low-Income Housing Tax Credits, other federal, state and local incentives, and conventional financing.

Anderson Partners’ clients include:

  • Developers
  • Lenders
  • Investors, including the Historic Landmarks Foundation of Indiana.

We are also engaged at the federal, state, and local level in leading and promoting historic preservation initiatives.

Our services include:

  • Advising on building and expense qualifications of projects
  • Assisting with the submission of Part I, Part II, and Part III applications
  • Coordinating and Corresponding with the State Historic Preservation Office
  • Advising regarding transaction structure and federal and state tax matters
  • Advising on the use of layered financing structures combining historic tax credits with other tax credits such as New Market Tax Credits and Low-Income Housing Tax Credits
  • Preparing debt and equity documents on behalf of lenders and investors
  • Reviewing and negotiating equity and debt commitment letters and agreements
  • Reviewing and negotiating debt and equity documents on behalf of developers
  • Preparing Offering Memoranda and Investment Agreements
  • Issuing Opinion Letters on all Aspects of the Development
  • Advising regarding preservation alternatives

New Market Tax Credits

Anderson Partners LLC provides comprehensive legal services in the rapidly growing and complex area of New Markets Tax Credits (NMTC). The new markets tax credit can help finance commercial, industrial, retail, mixed-use and other real estate developments, historic rehabilitations, and loans to small businesses in low-income communities.  We assists clients in combining New Markets Tax Credits with other sources of financing, including Historic Tax Credits, HUD Section 108 funds, Community Development Block Grant funds, state historic and brownfields tax credits, federal government agency loan guarantees, grants, and conventional financing.

Our attorneys and professionals have built a strong reputation developing and educating financial institutions, state and local economic development professionals, and various urban enterprise zone associations regarding the benefits to the Federal New Markets Tax Credit Financing Program. We understand the vast legal, tax, and business make-up of those seeking to earn NMTCs.

Our New Markets Tax Credit practice spans a broad range of specialty assistance representing:

  • Commercial Banks and Financial Institutions
  • Corporate Entities
  • Real Estate Lenders
  • Historic Tax Credit Developers
  • Investors
  • Syndicators
  • CDCs, SSBICs, and CDFIs
  • Not-for-Profit Organizations
  • States, Counties, Cities and Towns

The NMTC program permits developers and lenders choosing to make equity investments in certain community development projects to claim tax credits equivalent to 39 percent of their investments over seven years. We assist investors in analyzing and resolving the tax and structuring issues involved in obtaining NMTCs. Our vast experience means that we can efficiently assist clients without reinventing the wheel.

Our services include:

  • New Market Tax Credit Application Assistance
  • Negotiation and Execution of Allocation Agreements
  • Structuring, Negotiating and Coordinating Transactions Closings
  • Community Development Entity (CDE) Certifications
  • Compliance
  • Risk Assessment
  • Qualification
  • Investment Protection
  • Combining NMTC with other Federal, State and local incentives

Indiana State and Local Tax Credits and Incentives

The State of Indiana offers many tax credits, grants and economic development programs which are designed to create and enhance community and economic development opportunities.  Often times, a development project falls short of its funding needs.  Anderson Partners LLC can help developers find alternative funding sources to avoid or eliminate such funding shortfalls.  The attorneys at Anderson Partners LLC have in depth knowledge and experience with the State offered tax incentives programs. The knowledge and experience allows them to assist their clients with understanding how these tax incentive programs may be utilized to enhance the financial structure of a project, as well as obtaining such tax incentives for use by their clients.

The following tax credits, grants and economic development programs are available in the State of Indiana:

  • Economic Development for a Growing Economy Tax Credit
  • Hoosier Business Investment Tax Credit Program
  • Venture Capital Investment Tax Credit
  • Historic Rehabilitation Tax Credit
  • Community Revitalization District Tax Credit
  • Headquarters Relocation Tax Credit
  • Industrial Recovery Tax Credit
  • Media Production Sales Tax Exemption Skills Enhancement Fund
  • Technology Enhancement Certification for Hoosiers
  • 21st Century Research and Technology Fund
  • Industrial Development Grant Fund
  • Small Business Innovation Research Initiative
  • Training Acceleration Grant
  • Tax-Exempt Bond Programs
  • Loan Guaranty Program
  • Capital Access Program
  • Certified Tech