Since the New Markets Tax Credit (NMTC) program became effective, Perkins Coie attorneys have worked to help shape NMTC regulations, policies and guidance and to structure transactions that advance our clients’ strategic, financial and community development goals.

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Overview

Since the New Markets Tax Credit (NMTC) program became effective, Perkins Coie attorneys have worked to help shape NMTC regulations, policies and guidance and to structure transactions that advance our clients’ strategic, financial and community development goals.

Our lawyers submitted one of the earliest private letter ruling requests on NMTC issues to the IRS in 2002 and were successful in persuading the IRS to incorporate the requested determination into the newly promulgated NMTC Regulations. In representing some of the largest allocatees of NMTCs, our lawyers helped to develop and refine financing structures that are widely used today. Our attorneys continue to find innovative solutions to our clients’ needs while ensuring compliance with the increasingly complex federal and state NMTC requirements.

Our NMTC practice is integrated into our Financial Transactions and Federal Tax practices.

NMTC team members have the skill and experience to advise our clients not only as to NMTC matters but also as to the use of other tax credits, grants, incentives and subsidies and a wide variety of other financial and development tools and structures.

As part of a national law firm, the lawyers in our NMTC team also frequently work with colleagues in our Real Estate and Securities and Corporate Governance groups to address all of our clients’ needs.

The attorneys in our NMTC practice have represented allocatees, qualified active low-income community businesses, lenders and investors in transactions in which more than $1 billion in qualified equity investments have been made. We have assisted our clients in financing projects in low-income communities throughout the United States, from Maine and Florida to Alaska and Hawaii.

Our lawyers submitted one of the earliest private letter ruling requests on NMTC issues to the IRS in 2002 and were successful in persuading the IRS to incorporate the requested determination into the newly promulgated NMTC Regulations. In representing some of the largest allocatees of NMTCs, our lawyers helped to develop and refine financing structures that are widely used today. Our attorneys continue to find innovative solutions to our clients’ needs while ensuring compliance with the increasingly complex federal and state NMTC requirements.

Our NMTC practice is integrated into our Financial Transactions and Federal Tax practices.

NMTC team members have the skill and experience to advise our clients not only as to NMTC matters but also as to the use of other tax credits, grants, incentives and subsidies and a wide variety of other financial and development tools and structures.

As part of a national law firm, the lawyers in our NMTC team also frequently work with colleagues in our Real Estate and Securities and Corporate Governance groups to address all of our clients’ needs.

The attorneys in our NMTC practice have represented allocatees, qualified active low-income community businesses, lenders and investors in transactions in which more than $1 billion in qualified equity investments have been made. We have assisted our clients in financing projects in low-income communities throughout the United States, from Maine and Florida to Alaska and Hawaii.

How we can help

  • Analyze structures for federal and/or state NMTC transactions
  • Organize investment vehicles
  • Advise as to federal tax consequences and issue tax opinions
  • Structure, negotiate and close on transactions on behalf of allocatees, qualified active low-income community businesses, leverage lenders and investors
  • Advise as to any underlying real estate issues
  • Coordinate federal and state tax credits and other incentives
  • Provide ongoing compliance advice
  • Work with the CDFI Fund to resolve issues and questions

Representative Transactions

  • $79.5 million SBA guaranteed loan pool utilizing state and federal NMTCs and multiple leverage loans
  • $46.5 million financing for a commercial/residential development in Chicago utilizing NMTCs and low-income housing tax credits and representing the first such development in the community in over 50 years
  • $11.2 million NMTC financing to fund construction of a cell phone network on a Native American reservation
  • Two small business loan pools in the approximate amount of $196 million capitalized with federal tax credits and leverage loans provided by multiple national banks and insurance companies
  • $49.5 million NMTC financing involving three subsidiary community development entities (Sub-CDE’s) in connection with loans to support a nonprofit food bank in Houston, Texas
  • $58.9 million NMTC financing involving five Sub-CDE’s in connection with loans to support a new tire manufacturing plant in Sumter, South Carolina
  • $76.5 million NMTC financing involving three Sub-CDE’s in connection with loans to support a new charter school in New York, New York sponsored by the Robin Hood Foundation
  • $14 million NMTC financing of the relocation of a nursing school and related operations from the suburbs into Chicago
  • $10 million state NMTC financing of a portion of an academic facility for a university in Chicago
  • $20.8 million state NMTC financing for a paper manufacturer in East Millinocket, Maine

Experience

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