Frequently Asked Questions
This material is a general overview
of the federal low-income housing tax credit and the criteria,
requirements and policies of the Commission’s Low-Income Housing Tax
Credit Program. It is designed to provide basic information for
potential applicants and should not be used as a substitute for
professional service from legal counsel, a tax advisor, an
accountant and/or a financial advisor. Refer to Section 42 of the
Internal Revenue Code and the Commission’s Policies for more
detailed information.
This information is subject to change, pending developments in federal law
and/or Commission Policies. If there is a conflict between this
information and any requirement, condition, definition or restriction of Section
42 of the Internal Revenue Code, the Policies or a Credit Reservation and
Carryover Allocation Contract (RAC) for a Project, the more restrictive one
shall apply as determined by the Commission.
Capitalized words have special meanings as defined in the Glossary of the
Policies. Go to the Policies here: Policies
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What is the federal low-income
housing tax credit (the "Credit")?
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Who can use the Credit?
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How is the Credit used to produce
low-income housing?
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How do I find out the
requirements to receive Credit?
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What types of Projects are
eligible for Credit?
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What types of Projects are
ineligible for Credit?
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How much Credit can a Project
receive?
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What are the "9%
Credit" and the "4% Credit" ("Applicable
Percentages")?
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How do I calculate the
amount of Credit based on a Project’s Qualified Basis?
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How do I calculate the amount of
Credit based on the Equity Gap?
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What do I do if the amount of
Credit based on a Project’s Qualified Basis is different from the amount
of Credit based on a Project’s Equity Gap?
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What are the general rent and
Income requirements for a Qualified Low-Income Housing Project?
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What is an example of how to
combine the Minimum Low-Income Housing Set-Aside and the Additional
Low-Income Housing Set-Aside?
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How do I calculate the rent
amounts and Income limits for Residents?
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How long must I maintain the
Project as low-income housing?
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What are the Commission's
general conditions for potential Applicants to participate in the Low-Income
Housing Tax Credit Program?
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How long do I have to complete
my Project?
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What is the Commission’s
Maximum Development Cost per Housing Unit?
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What are the Commission's limits
for Credit amount, Developer Fees and general contractor's profit and
overhead?
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What types of fees do I have to
pay the Commission to receive Credit?
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What should I do if I plan to
form a Partnership or Limited Liability Company ("LLC") to own the
Project?
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What preferences does the
Commission give to certain types of developers (i.e. what are the Credit
Set-Asides)?
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How does the Commission decide
which Projects to select for Credit?
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What are the Commission’s
current Allocation Criteria Points?
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How much Credit is available
this year and how many Applications does the Commission expect to receive?
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How do I apply for Credit from
the Commission?
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What are the minimum
requirements for my Application to be considered (the "Minimum
Threshold Requirements")?
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What happens if I leave
something out of my Application?
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How will I know if my Project
receives Credit?
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What can I do if I feel that my
Application was not appropriately considered by the Commission?
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If my project is selected, what will I need to do in order
to receive a Credit Reservation (the "Credit Reservation and Carryover
Allocation Requirements")?
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What milestones will I need to meet if I cannot complete my
Project this year (the "Credit Reservation and Carryover Allocation
Requirements")?
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What else will I need to do in
order to receive a final Credit Allocation (the "Placed-In-Service
Allocation Requirements")?
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What if I want to transfer or
assign the Project?
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What are the special rules for
Tax-Exempt Bond-Financed Projects?
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What if I have more questions?
1. What is the federal low-income
housing tax credit (the "Credit")?
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The 1986 Tax Reform Act created the Credit under Section 42 of the Internal
Revenue Code (the "Code") to assist the development of low-income
rental housing by providing qualified Owners with Credit to reduce their federal
tax obligations. The Credit is a dollar for dollar reduction of federal income
tax liability for Owners of or investors in low-income rental housing. The
Credit is available for a 10-year period subject to compliance with the
requirements of the Code and the Washington State Housing Finance Commission
(the "Commission"). The amount of Credit is based on the type of
Project, the costs of developing a Project, the percentage of Qualified
Low-Income Housing Units in a Project, and the nature and amount of financing
for a Project. The Commission is the agency authorized to allocate Credit for
Residential Rental Property located in Washington State (the "allocating
agency").
2. Who can use the Credit?
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The "Owner" of a Project (an individual, corporation, Limited
Liability Company or, most commonly, a Limited Partnership) which receives
Credit from an allocating agency is eligible to use the Credit. Individuals
are subject to the passive income and loss and at-risk limitations in the
federal tax law. Certain for-profit corporations not subject to the passive
income and loss and at-risk limitations are able to use an unrestricted amount
of Credit each year.
3. How is the Credit used to produce
low-income housing?
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Investors contribute equity to a Project in return for Credit, commonly
through a syndication process. The investors use the Credit to reduce their
federal tax liabilities and the Developer uses the investors’ equity to help
rehabilitate or construct the Project. Since the Developer is able to complete
the Project with less debt-service financing, the Project’s rents can be
reduced to serve households with low incomes.
Ownership is generally structured as a Limited Partnership between the
Developer and the investors who then share in the "benefits and
burdens" of ownership. Typically, the Developer is the sole General
Partner and the investors are Limited Partners. The Developer/General Partner
manages and controls the development and operation of the Project. In order to
get maximum benefit from the Credit and depreciation deductions, the
investors/Limited Partners usually own at least 99% of the ownership interests
and retain at least 99% of the Credits and depreciation losses while the
Developer/General Partner retains the balance. The Developer/General Partner
typically receives a Developer Fee and property management fee, plus a
negotiated share in any cash flow profits and any residual gain or profit when
the property is sold.
4. How do I find out the requirements to receive Credit?
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Section 42 of the Code includes the primary federal requirements for receiving
Credit. Other various Code provisions and U.S. Department of the Treasury
regulations include additional federal requirements which may apply to a
specific Project. As the state allocating agency, the Commission is authorized
to develop additional requirements, which may be more restrictive than the
federal requirements. The Commission's requirements include:
Qualified
Allocation Plan (PDF):
outlines the Commission's general selection criteria for Projects and
describes the compliance monitoring requirements for Projects.
Rules (PDF): set
forth in the principles by which the Commission administers the Low-Income
Housing Tax Credit Program as codified at Washington Administrative Code
262-01-130.
Policies (PDF): Describe in detail the Commission's criteria, requirements and policies for:
evaluating, ranking and selecting Projects for Credit; making Credit
Reservations and Allocations; and administering the Low-Income Housing Tax
Credit Program. The Policies include many requirements for receiving
Credit in Washington State, which are more restrictive than the federal
requirements.
Tax Credit Compliance Guide:
describes in detail the
Commission's requirements and policies for monitoring Projects which receive
Credit.
WARNING:
The low-income housing tax credit program is complex with many
technical rules governing a Building's qualification for Credit, the amount
of the Credit and the ability of the owner or an investor to use the Credit.
If done incorrectly, fees can be forfeited, Credit can be lost and projects
may fail. The Commission strongly recommends that potential applicants,
lenders and investors work with their legal counsel, tax advisor, accountant
and/or financial advisor regarding their participation in the low-income
housing tax credit program.
5. What types of Projects are eligible for Credit?
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Residential Rental Property:
A Qualified Low-Income Housing Project
may consist of apartment buildings, single family dwellings, duplexes or
townhouses. It is Residential Rental Property in which a minimum percentage of
the Housing Units in the Project are Rent-Restricted and occupied by Residents
whose Income is at or below the appropriate Area Median Gross Income.
Residential Rental Housing Units must be:
- available for the general public;
- suitable for occupancy, taking into account local health, safety and
building codes; and
- used other than on a Transient Basis (with a minimum initial lease
term of six months), except in the case of Transitional Housing.
Projects may give preference to individuals with special needs such as the
elderly, people with disabilities, large households or homeless individuals
if consistent with the Fair Housing Act.
Other eligible Projects (all of which must have a minimum initial lease term
of six months) include:
- Single room occupancy (SRO) housing rented on a monthly or longer basis.
- Transitional Housing that contains sleeping, kitchen and bathroom
facilities and is located in a Building:
that is used exclusively to help transition homeless individuals to
independent living within 24 months; and
where a governmental entity or a Qualified Nonprofit Organization
provides those individuals with temporary housing and Supportive
Services to assist them in finding and keeping permanent housing.
Mixed-use Projects which include both residential rental Housing Units
and commercial space; however, the commercial portion is not eligible for
Credit.
Projects receiving moderate rehabilitation assistance under the Stewart
B. McKinney Homeless Act of 1988.
6. What types of Projects are ineligible for Credit?
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Generally, residential properties used for the following purposes are
ineligible for Credit:
- Transient housing: a Housing Unit that does not have a minimum initial
lease term of six months or does not meet the definition of Transitional
Housing.
- Nursing homes, life care facilities and retirement homes providing
significant services other than housing.
- Dormitories and most student housing.
- Mobile home parks and courts which are used on a Transient Basis.
- Buildings which have four or less Housing Units where the Owner or
relative of the Owner lives in the Project.
- Buildings which receive assistance under the HUD Section 8(e)(2)
moderate rehabilitation program.
7. How much Credit can a Project receive?
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Section 42 of the Internal Revenue Code specifically states that the
maximum Credit given to a Project cannot exceed the amount
necessary for the financial feasibility of the Project and its
viability as a Qualified Low-Income Housing Project throughout the 10 year
Credit Period. The amount of Credit is based on the type of Project, the costs
of developing a Project, the percentage of Qualified Low-Income Housing Units
in a Project and the nature and amount of financing for a Project.
8. What are the "9% Credit" and the "4% Credit" ("Applicable
Percentages")?
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There are two Credit rates, or Applicable Percentages, a "9%
Credit" and a "4% Credit", depending on the type of Project.
The Applicable Percentages were initially set at 9% and 4%, but after 1987
the Applicable Percentages were adjusted on a monthly basis by the U.S.
Department of the Treasury. Depending on the type of project, the present
value of the Credit over a 10 year period equals 70% (the "9%
Credit") or 30% (the "4% Credit") of a Project’s Qualified
Basis.
The "9% Credit"
is available for new construction
and substantial rehabilitation Projects without other federal subsidies.
Substantial rehabilitation is when rehabilitation and related expenditures
incurred during any 24 month period are equal to at least the greater of
$3,000 per Low-Income Housing Unit or 10% of the depreciable basis of the
Building(s) as of the beginning of the 24 month period.
The "4% Credit"
is available for Projects which involve
acquisition of an Existing Building or for Projects which are Federally
Subsidized. For the acquisition of an Existing Building to be
eligible for Credit:
- at least ten years must have lapsed between the date that you acquire
the Building and the date that the Building was last Placed-In-Service;
and
- at least ten years must have lapsed between the date that you acquire
the Building and the date of the last Substantial Improvements to the
Building; and
- Substantial Improvements (which are different than substantial
rehabilitation) are improvements during a 24-month period that are equal
to at least 25% of the Adjusted Basis of the Building(s) before
improvements.
- the Project must include substantial rehabilitation (as described
earlier).
- A Project is Federally Subsidized if it includes construction
or rehabilitation costs which are financed, directly or indirectly, with
tax-exempt bonds or a federal loan which has interest charges below the
rate for comparable market loans.
Note:
The Commission uses 9% and 4% at the Application and Credit
Reservation and Carryover Allocation stage. At the final Allocation stage,
the Commission will use the actual Applicable Percentages for the month that a
Credit Reservation was executed for a Project or the month that a Building was
Placed-In-Service. Once selected by you at the time that you execute a
Credit Reservation and Carryover Allocation Contract (RAC) for the Project,
the Applicable Percentage remains the same for the 10 year Credit Period.
Refer to the Policies Chapter
7, Credit Reservation and
Carryover Allocation Requirements, for additional information regarding the
Applicable Percentage.
9. How do I calculate the amount of Credit based on a Project’s Qualified
Basis?
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To determine the amount of Credit based on a Project’s Qualified Basis, you
must first determine the Project’s Eligible Basis, Applicable Fraction and
Qualified Basis.
What is Eligible Basis?
Eligible Basis means incurred costs for the
Project (excluding expenses associated with any commercial or non-residential
areas) which are depreciable. Eligible Basis includes:
- expenses allocable to acquisition costs of an Existing Building(s) which
is rehabilitated (but excluding the Land and Land acquisition costs);
- site work associated with the Buildings (e.g. grading and excavation), but
excluding off-site improvements (e.g. off-site utilities, streets and
sidewalks);
- rehabilitation and new construction costs of Residential Rental Property;
- architectural and engineering fees, plus environmental reports or
abatement associated with an Existing Building(s);
- interim costs such as construction insurance, construction loan fees (in
some cases),and property taxes;
- Developer Fees and Consultant Fees (other than property appraisal, market
study, and syndication costs), excluding costs associated with Land
Acquisition;
- personal property for use by Residents, such as major appliances;
- resident relocation expenses if incurred in connection with the
rehabilitation of an Existing Building; and
- the costs of facilities, such as parking facilities, common areas and
swimming pools; the facilities must be functionally related to the Housing
Units, have no separate fee for their use and be exclusively used by and
available to all Residents.
Eligible Basis excludes expenditures that are amortized or expensed,
for example:
- expenses allocable to Land and Land acquisition, including environmental
reports and abatement expenses associated with the Land and demolition
costs;
- expenses associated with any commercial or non-residential areas;
- permanent financing loan fees;
- relocation expenses for commercial tenants or relocation expenses
incurred in connection with a Building that is demolished; and
- expenses associated with a property appraisal and
Project rent up.
Additionally, there are various items which need to be deducted from Eligible
Basis, including:
- federal Grants and/or Below-Market Federal Loans used to finance
qualifying development costs (i.e. in order to qualify for the
"9%" Credit rather than the "4%" Credit);
- non-qualified non-recourse financing;
- costs of non-qualifying Housing Units of higher quality or excess costs
of non-qualifying Housing Units; and
- historic rehabilitation tax credits (rehabilitation portion only).
Eligible Basis may also be increased by 30% if the Project is located in a
Qualified
Census Tract (QCT) or Difficult Development Area (DDA)(PDF).
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Refer to the Policies Chapter
3, Program Limits, for
additional information regarding Eligible Basis.
What is the Applicable Fraction? The Applicable Fraction is the percentage
of the Building/Project that is used for Qualified Low-Income Housing Units.
Since the amount of Credit is based in part on the portion of the
Building/Project that is used for low-income housing, the higher the Applicable
Fraction, the more Credit the project is eligible to receive. The Applicable
Fraction is the smaller of the Unit Fraction or the Floor Space
Fraction for a Building/Project. The Unit Fraction means the fraction
of Housing Units in a Building/Project devoted to low-income housing. The Floor
Space Fraction means the fraction of the total square footage of a
Building/Project devoted to low-income housing.
What is Qualified Basis? The Qualified Basis equals the adjusted Eligible
Basis multiplied by the Applicable Fraction for the Building/Project. For a
Project that is 100% low-income housing (a Project with an Applicable Fraction
of 100%), the Qualified Basis is equal to the adjusted Eligible Basis. The
Qualified Basis is the amount used for calculating the maximum amount of Credit
for a Building/Project.
What is the maximum amount of Credit based on a Project’s Qualified Basis? The
maximum annual amount of Credit based on a Project’s Qualified Basis
is determined by multiplying a Project’s Qualified Basis by the appropriate
Applicable Percentage ("4%" and/or "9%") as selected by you
at the time of the Credit Reservation and Carryover Allocation.
Refer to the Policies Chapter
7, Credit Reservation & Carryover Allocation for
additional information regarding the Credit Reservation and Allocation amounts.
10. How do I calculate the amount of Credit based on the Equity Gap?
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To determine the amount of Credit based on the Equity Gap, you must first
determine the Project’s Equity Gap and Tax Credit Factor.
What is the Equity Gap? The Equity Gap is the difference between the Total
Project Costs and the total funding sources available for a Project.
The Equity Gap is used as part of the calculation to determine the maximum
amount of Credit that a Project is eligible to receive. Total Project Costs
are the expenses incurred in acquiring and developing the Project, excluding any
amounts attributed to commercial or other non-residential areas, Intermediary
Costs and any amounts set aside for reserves. Intermediary Costs are the
expenses involved in selling the Credit to raise equity capital and include
Syndication fees, Partnership organization costs, reserves, broker commissions
and related attorney and accounting fees. A Project’s total funding sources
include all government and non-government Loans and Grants, any equity
contributions (excluding equity from the proceeds of the Credit), and any net
residential historic rehabilitation tax credit proceeds.
What is the Tax Credit Factor?
The Tax Credit Factor means the factor
selected by you that represents, on a percentage basis, the net value of the
Credit dollar amount available for Total Project Costs. The Tax Credit Factor
depends on the market value of the Project’s 10 year Credit amount to
investors, discounted for its present value, less Intermediary Costs. The
selection of the Tax Credit Factor is irrevocable. Once selected, the Commission
will use the Tax Credit Factor from then on when it calculates the Credit
Reservation and Allocation to any Building in a Project as further described in
Chapter 2 of the Policies. You are encouraged to research the
market to determine an appropriate Tax Credit Factor for your Application.
What is the maximum amount of Credit based on a Project’s Equity Gap? The
maximum amount of Credit based on a Project’s Equity Gap is determined by
dividing a Project’s Equity Gap by the Project’s Tax Credit Factor. The
result is the Project’s 10 year maximum Credit amount; this represents the
Project’s equity proceeds from the Credit for the 10 year Credit Period. To
determine the maximum annual amount of Credit based on the Equity Gap,
divide the 10 year maximum Credit amount by ten.
Refer to the Policies Chapter
2, General Requirements, and Chapter
3, Program Limits, for additional information regarding the Equity
Gap, the Tax Credit Factor and/or the Credit Reservation and Allocation amounts.
11. What do I do if the amount of Credit based on a Project’s
Qualified Basis is different from the amount of Credit based on a Project’s Equity Gap?
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The Code requires that the Commission limit the amount of Credit that a
Project may receive to the minimum amount necessary for the Project to
be financially feasible and viable for the 10 year Credit Period. The maximum
amount of Credit that a Project may receive is equal to the lesser of
the maximum amount of Credit based on a Project’s Qualified Basis and the
maximum amount of Credit based on a Project’s Equity Gap.
Refer to the Policies Chapter
2, General Requirements, for
additional information regarding the Credit Reservation and Allocation amounts.
12. What are the general rent and income requirements for a Qualified
Low-Income Housing Project?
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At a minimum, Section 42 of the Code requires that you irrevocably elect
and comply with one of the following Minimum Low-Income Housing Set-Asides:
- a minimum of forty percent (40%) of the Total Housing Units in the
Project must be rented to Residents with Incomes at or below sixty percent
(60%) of the Area Median Gross Income adjusted for household size (the
"40/60 test"); or
- a minimum of twenty percent (20%) of the Total Housing Units in the
Project must be rented to Residents with Incomes at or below fifty percent
(50%) of the Area Median Gross Income adjusted for household size (the
"20/50 test").
The Minimum Low-Income Housing Set-Aside election applies to all
Low-Income Housing Units in a Project. The amount of Credit awarded to a
Project is based on the percentage of Low-Income Housing Units in the Project
(i.e. the Applicable Fraction). Hence, the higher the percentage of Low-Income
Housing Units in a Qualified Project, the more Credit the Project may receive.
You may also make a voluntary election of an Additional Low-Income
Housing Set-Aside in order to receive Allocation Criteria Points. The
Additional Low-Income Housing Set-Aside may involve a lower percentage of Area
Median Gross Income for all or a selected portion of the Total Housing Units
in the Project. Both low-income housing set-asides are selected by you when
you submit an Application and, once made, are binding upon you and your
successors in interest for the entire Project Compliance Period. The
Applicable Percentage of Total Housing Units in the Project for the selected
low-income housing set-asides is based on the smaller of the Project's Floor
Space Fraction or Unit Fraction. Each Low-Income Housing Unit must be
Rent-Restricted, with the Maximum Gross Rent not exceeding 30% of the
applicable Area Median Gross Income, adjusted for Imputed Household Size.
Specific rent and Income limits applicable to your county are listed in the
current year’s Application Package.
Refer to the Policies Chapter
3, Program Limits, for
additional information regarding the Minimum Low-Income Housing Set-Aside and
the Additional Low-Income Housing Set-Aside.
13. What is an example of how to combine the Minimum
Low-Income Housing Set-Aside and the Additional Low-Income Housing Set-Aside?
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In the following examples the Applicant has chosen a Minimum Low-Income
Housing Set-Aside of "40/60" (which means a minimum of 40% of the
Total Housing Units and all Low-Income Housing Units will be Rent-Restricted
to Residents at or below 60% of the Area Median Gross Income). In addition,
they made a Commitment to have an Applicable Fraction of 100% (which means
that 100% of the Total Housing Units will be Rent-Restricted to Residents at
or below 60% of the Area Median Gross Income). Finally, in order to get
Allocation Criteria Points, they made a Commitment to provide Additional
Low-Income Housing Set-Aside Units.
Points will be awarded to Projects based on the Applicant’s Commitment to
provide selected percentages of the Total Low Income Units for occupancy by
households at or below selected Area Median Gross Income levels utilizing the
Additional Low-Income Housing Set Aside Matrix provided in Chapter 6
of the Policies.
The Additional Low-Income Housing Set-Aside units are both rent and income
restricted at the selected income levels.
Points can only be scored under a maximum of two set-aside categories. Unit
and income set-aside categories selected cannot total greater
than 50 points. Applications that claim Additional Low-Income Housing
Set-Aside categories that total greater than 50 points will be awarded 0
points.
Example 1 – The Applicant makes the following Additional Low-Income Set Aside
commitment for their 100% Low Income project with a 40/60 Minimum Low-Income
Housing Set-Aside selection:
- 40% of the Total Low Income Units set-aside @ 30% AMI = 36 points
- 50% of the Total Low Income Units set-aside @ 50% AMI = 12 points
- balance of 10% of the Total Low Income Units not to exceed 60% AMI
= 0 points
Total Points 48
Example 2 – The Applicant makes the following Additional Low-Income Set Aside
commitment for their 100% Low Income project with a 40/60 Minimum Low-Income
Housing Set-Aside selection:
- 50% of the Total Low Income Units set-aside @ 30% AMI = 44 points
- 25% of the Total Low Income Units set-aside @ 50% AMI = 3 points
- balance of 25% of the Total Low Income Units not to exceed 60% AMI
= 0 points
Total Points 47
Points cannot be claimed in two categories whose point total exceeds 50
points.
Example – The Applicant cannot make the following
Additional Low-Income Set Aside commitment for their 100% Low Income
project with a 40/60 Minimum Low-Income Housing Set-Aside selection:
- 50% of the Total Low Income Units set-aside @ 30% AMI = 44 points
- 30% of the Total Low Income Units set-aside @
40% AMI = 13 points
- balance of 20% of the Total Low Income Units not to exceed 60%
AMI = 0 points
Total Points 57
Because this combination seeks points in two unit and income
categories that total more than 50 points, it is not allowed.
Refer to the Policies Chapter
2, General Requirements, and Chapter 6, Allocation Criteria for additional information regarding the
Minimum Low-Income Housing Set-Aside and the Additional Low-Income Housing
Set-Aside.
14. How do I calculate the rent amounts and income limits for Residents?
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The calculations for Income and rent are determined differently. Income
is based on the total number of persons residing in a Housing Unit and rent
is calculated based on the number of bedrooms in a Housing Unit regardless of
the number of people living in the Housing Unit. In determining the maximum
Income for a household, you identify the maximum Income related to the actual
number of persons in the household for the applicable Area Median Gross Income
(60%, 50%, 45%, etc.) which you selected. In determining the maximum rent, you
identify the maximum Gross Rent related to the number of bedrooms in a unit
for the applicable Area Median Gross Income (60%, 50%, 45%, etc.) which you
selected, rather than the actual number of people residing in the unit. The
maximum Gross Rent cannot exceed 30% of the applicable Area Median Gross
Income. Specific rent and Income limits applicable to your county are listed
in the current year’s Application Package. The maximum Gross Rent means the
rent for a Low-Income Housing Unit, including Utility Allowances, but
excluding:
- any payments under Section 8 or any comparable rental assistance
program;
- any fees for supportive services paid to the Owner by a governmental
assistance program or a tax exempt organization if that program or
organization gives assistance for rent and the amount given for rent is
not separable from the amount given for supportive services; and
- rental payments to the Owner as far as an equivalent amount is paid
under the RD program.
The Utility Allowance is the amount that is credited against the maximum in
Gross Rent for Resident-paid utilities.
Refer to IRS Final Regulations (TD 8520) for additional information regarding
the Utility Allowance requirements.
15. How long must I maintain the Project as low-income
housing?
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You must maintain the Project as low-income housing for a minimum of 30
years, including both the 15 year Compliance Period and an additional 15 year
period (the 30 year Extended Low-Income Housing Use Period). You may also make
an Additional Low-Income Housing Use Period commitment of up to twenty-two
years (commencing after the 15 year Compliance Period) during which time you
agree to maintain all the terms and conditions of the Regulatory Agreement,
including all the applicable Commitments you made to receive Allocation
Criteria Points. You also agree not to terminate the Regulatory Agreement
during the Additional Low-Income Housing Use Period. After the latter of the
14th year or the end of the Additional Low-Income Housing Use Period, you may
request that the Commission obtain a Qualified Contract to acquire the Owner's
interest in any Building in the Project. If a qualified buyer is not secured,
the Project may be converted to market-rate housing after the Three Year
Period.
Refer to the Policies Chapter
1, Overview, for
additional information regarding Time Periods.
16. What are the Commission's general conditions for potential Applicants to
participate in the Low-Income Housing Tax Credit Program?
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Chapter 2 of the Policies includes a summary of the covenants,
representations and warranties which you must agree to in order to receive
Credit in Washington state. The covenants, representations and warranties,
include, for example, compliance with:
- state and local laws;
- nondiscrimination and accessibility laws;
- federal environmental and labor laws for Projects which receive Federal
Funds;
- lender and investor notices;
- Resident Income requirements and rent restrictions;
- annual notification of public housing authority and community agencies
of available Housing Units;
- periodic advertisement of Housing Units; and
- attaching Lease Riders to all Residents’ leases.
In addition, as a condition of receiving Credit from the Commission, you must
enter into a Regulatory Agreement (Extended Use Agreement) with the
Commission that applies to each Building in the Project.
- The Regulatory Agreement will include terms, conditions, obligations,
restrictions, covenants, representations and warranties that address the
Commitments that you make in the Application and the requirements of the
Code and the Commission's Low-Income Housing Tax Credit Program.
- The Regulatory Agreement restricts each Building for the Project
Compliance Period.
- The Regulatory Agreement must be recorded in first lien position as a
restrictive covenant running with the Land. The Regulatory Agreement is
binding upon the Land, you, each Building in the Project and all
successors in interest to you. Any liens and encumbrances for Project
financing that is recorded before the Regulatory Agreement must be
subordinated to the interests of the Commission as reflected in the
Regulatory Agreement.
Refer to the Policies Chapter
2, General Requirements, for
additional information regarding the Program Conditions and the Regulatory
Agreement (Extended Use Agreement).
17. How long do I have to complete my Project?
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Approximately two years. You must either:
- Complete all Buildings in the Project and comply with all of the
Commission’s Placed-In-Service Allocation Requirements by the December
31 of the same year that you receive a Credit Reservation and
Carryover Allocation; OR
- Comply with all of the Commission’s Credit Reservation and Carryover
Allocation Requirements and obtain a Carryover Allocation from the
Commission within 6 months of the date of the Credit Reservation and
Carryover Allocation Contract (RAC). You would then need to complete all
Buildings in the Project and comply with all of the Commission’s
Placed-In-Service Allocation Requirements no later than December 31 two
years later.
Refer to the Policies
for additional information regarding the Credit
Reservation and Carryover Allocation Requirements Chapter
7, and the Placed-In-Service
Allocation Requirements, Chapter
8.
18. What is the Commission’s Maximum Development Cost per Housing Unit?
/\
The Maximum Development Cost per Housing Unit limits the Total Project Costs
for all Qualified Projects using HUD’s 221(d)(3) Statutory Mortgage Limit
Schedules which are included in the current year’s Application Package. The
limitation on development costs applies for the purposes of determining the
Equity Gap and the Credit amount. Although the costs in excess of the
described limits will be excluded from these calculations, the sources to
cover the excess costs will not be excluded (the Equity Gap and the maximum
amount of Credit reserved or allocated to a Project will be reduced by the
amount that the Total Project Costs exceed the applicable maximum development
cost per Housing Unit). In determining the Equity Gap calculation, there is no
deduction from Project sources of funds for that amount of financing
associated with any portion of the commercial areas, unless such financing
specifically identifies in its terms that it is being provided for the
commercial area.
The HUD 221(d)(3) Statutory Mortgage Limit Schedules are listed by county and
include different figures for elevator construction versus non-elevator
construction and for Nonprofit Organizations versus all other Projects. Total
Project Costs cannot exceed 110% of HUD 221(d)(3) Statutory Mortgage Limit
Schedules, subject to the following exceptions:
(a) you may request in the Application to have the maximum development cost
limit raised to 135% of the HUD Statutory Mortgage Limit Schedules for a
Project that will be subject to: competitive bid requirements, Davis Bacon
wage rates or state prevailing wage requirements.
(b) you may request in the Application to have the maximum development cost
limit raised to 150% of the HUD Statutory Mortgage Limit Schedules for a
Project that:
- meets the Allocation Criteria for the Special Needs Housing Set-Aside
for Large Household Units;
- meets the Allocation Criteria for the Special Needs Housing Set-Aside
for persons with Disabilities;
- meets the Allocation Criteria for the Special Needs Housing Set-Aside
for Transitional Housing;
- meets the Allocation Criteria for rehabilitation Projects; OR
- the project is 25 units or less.
(c) you may request in the Application to have the maximum development cost
limit raised to 175% of the HUD Statutory Mortgage Limit Schedules for a
Project that meets the requirements of both items (a) and (b)
above.
(d) you may request in the Application to have the maximum development cost
limit raised to 200% of the HUD Statutory Mortgage Limit Schedules for a
Project that consists of the rehabilitation of a Historic Property and
meets the requirements of both items (a) and (b) above.
Refer to Chapter 3, Program Limits, of the Policies and the Appendix of the
Policies of the current year’s Application
Package for additional information regarding the Maximum Development Cost per
Housing Unit and the HUD 221(d)(3) Statutory Mortgage Limit Schedules.
19. What are the Commission's limits for Credit amount,
Developer Fees, and general contractor's profit and overhead?
/\
The Commission has established various Program Limits that apply to all
Projects seeking Credit. In determining the amount of Credit to reserve or
allocate to a Project, the Commission will reduce the Project budget and/or
Credit amount to reflect the following Program Limits:
Maximum Rehabilitation/Construction Contingency
- The maximum amount
of Credit will be determined after limiting:
- the rehabilitation contingency to 15% of the rehabilitation expenditures
(including site work); and
- the new construction contingency to 8.5% of new construction
expenditures (including site work).
Maximum Credit Per Low-Income Housing Unit
- The maximum annual
amount of Credit reserved or allocated to a Project is $10,400 per Low-Income
Housing Unit. For a Project located in a Qualified Census Tract or a Difficult
Development Area, the maximum amount of Credit reserved or allocated is $13,500
per Low-Income Housing Unit.
Reserves
- Reserves will not be considered in Adjusted Basis,
Eligible Basis or Total Project Costs for determining the amount of Credit for a
Project or in determining the Equity Gap for a Project. In determining the
Equity Gap calculation, there is no deduction from Project sources of funds for
that amount of financing associated with any reserves, unless such financing
specifically identifies in its terms that it is being provided for the reserves.
Maximum Credit Per Applicant
- The Commission will limit you and each
Developer, General Partner, Managing Member of a Limited Liability Company (or,
if the Limited Liability Company has no Managing Member, each Company Member)
and party to a Joint Venture, or any Related Party, to a maximum of 15% of the lesser
of the per capita Annual Authority available in a given year or the total Annual
Authority available for that year.
Maximum Credit Per Project
- The maximum Credit per Project is 10% of
the lesser of the per capita Annual Authority available in a given year
or the total Annual Authority available for that year.
Maximum Developer Fee
- The maximum Developer Fee is 15% of Total Project Costs, excluding the fee
itself. For
Acquisition/Rehab projects where the cost of rehabilitation is less than 25%
of the reasonable “as is value” of the building, the maximum Developer Fee is
10% of Total Project Costs, excluding the fee itself.
The Developer Fee includes all payments and compensation to the Developer,
except payments made to the general contractor for its profit and overhead
when an Identity of Interest exists between you and the Developer, General
Partner or party to a Joint Venture. In addition, all Consultant Fees (other
than architectural and engineering, property appraisal, market study, and
syndication costs) must be included in the Developer Fee limits noted above.
Maximum Contractor's Profit and Overhead
- When an Identity of
Interest exists between you and the Developer, General Partner, Managing Member
of Limited Liability Company (or, if the Limited Liability Company has no
Managing Member, each Company Member) or party to a Joint Venture, the maximum
contractor's combined profit and overhead is limited to 10% of total
construction/rehabilitation costs.
Refer to the Policies Chapter
3, Program Limits, for
additional information regarding the Commission's Program Limits.
20. What types of fees do I have to pay the Commission to receive Credit?
/\
The Application Fee
is the greater of:
- $26 per Housing Unit (based on the Total Housing Units in the Project,
including both the Low-Income Housing Units and the Market Rate Housing
Units) but excluding any Common Area Units; OR
- $1,265.
The Reservation Fee
is the greater of:
- $3,795; OR
- either: 9.5% of the total (i.e. first year) Credit Reservation amount for a
Project that selects an Additional Low-Income Housing Set-Aside of at
least 50% of Housing Units at 50% or less of the Area Median Gross
Income); OR 12.53% of the total (i.e. first year) Credit Reservation amount for any
other Project.
- You must pay at least 50% of the Reservation Fee when you execute the
Credit Reservation and Carryover Allocation Contract (RAC) and you must
pay the balance of the Reservation Fee by the
deadline in the RAC.
The Annual Compliance Monitoring Fee
for projects Placed-in-Service
after March 31, 2001 is currently the greater of:
- $45.00 per Low-Income Housing Unit; OR
- $450 for Project with 10 or fewer Low Income Housing Units.
The Annual Compliance Monitoring Fee may be changed to cover increased
compliance monitoring costs in the future.
The Transfer Fee
for any Project Transfer or Assignment is $3,162.
The Transfer Fee applies to any Project Transfer occurring after you have
submitted an Application for Credit. The Transfer Fee applies to each and
every transfer or assignment occurring after the Application has been
submitted AND for each new party, including, for example:
- an assignment or transfer of your interest in the Land, the Project or
any Building;
- an assignment or transfer of an ownership interest in the Project,
including an addition to or change of any ownership interest, other than a
change or addition of a Limited Partner;
- if the Project is owned by a Partnership, a change in, removal of, or
addition to, the General Partners (Any change in the stock ownership of
any General Partner is also considered a change to the General Partners.);
or
- any direct or indirect change in the ownership of the entity (whether it
is a Partnership, corporation, Limited Liability Company or Joint Venture)
that owns the Project.
All fees are nonrefundable.
Refer to the Policies Chapter
11, Fee Schedule, for
additional information regarding the Fee Schedule.
21. What should I do if I plan to form a Partnership or Limited Liability
Company ("LLC") to own the Project?
/\
You may either form the Partnership or LLC and meet the requirements outlined
in the Policies in the name of the Partnership or LLC by the date you
submit the Application or form the Partnership or LLC later and,
subject to meeting all of the Project Transfer or Assignment Requirements in
the Policies, transfer the Project to the Partnership or LLC at a later
date. If you submit an Application in the name of the Partnership or LLC, you
must:
- Form the Partnership or LLC and include the Partnership Agreement or LLC
Agreement with the Application. For a Limited Partnership, you must also
include a copy of the Certificate of Limited Partnership and the
Certificate of Existence/Authorization provided by the Secretary of State.
For a Limited Liability Company, you must include a copy of the
Certificate of Formation and the Certificate of Existence/Authorization
provided by the Secretary of State.
- Site control must be in the exact same name as the Partnership
or LLC (not in the name of the Developer, General Partner,
Company Manager or Company Member).
If you wait to transfer the Project to the Partnership or LLC at a later date,
you must comply with all of the Project Transfer or Assignment Requirements in
the Policies, including (for example):
- pay the $3,162 Transfer Fee for each and every transfer or assignment
occurring after the Application has been submitted; and
- at least 45 days prior to any transfer or assignment, request approval
from the Commission and submit all of the required materials
outlined in the Policies.
Refer to the Policies Chapter
2, Program Conditions; and Chapter
9, Project Transfer or
Assignment Requirements) for additional information regarding Partnerships and
Joint Ventures.
22. What preferences does the Commission give to certain types of developers
(i.e. what are the Credit Set-Asides)?
/\
The Commission has established the following five Credit Set-Aside
categories in which Qualified Projects compete with each other:
- Qualified Nonprofit Organization 10%
- Nonprofit Organization 15% (temporarily suspended)
- Profit-motivated entities 15% (temporarily suspended)
- Rural Housing Projects 15%
- Rural Development Projects 5%
- Hope VI Projects 20% (2005-2009)
The balance of the Commission's annual Credit authority (50%) is called the
"General Pool".
Projects which meet the conditions for a Credit Set-Aside category will only
compete with other Projects in that Credit Set-Aside category in the initial
Application ranking process. The remaining amount of per capita Credit
authority is available for Qualified Projects which did not elect a Credit
Set-Aside category and to Projects which selected a Credit Set-Aside but did
not receive a reservation of Credit from the Credit Set-Aside.
Applicants/Owners must make a commitment for a twelve (12) year minimum
Additional Low-Income Housing Use Period in order to be eligible for a
Credit Set-Aside category. The Qualified Nonprofit Organization Credit
Set-Aside is based on the Commission's annual Credit authority (i.e. the per
capita Credit, plus any returned Credit and National Pool Credit). The other
Credit Set-Asides are based only on the Commission's available annual per
capita Credit. To be considered a Qualified Nonprofit Organization, the
organization must be described in Section 501(c)3 or 501(c)4 of the Internal
Revenue Code and have as one of its exempt purposes the "fostering of
low-income housing". To qualify for either the Qualified Nonprofit
Organization Credit Set-Aside or the Nonprofit Organization Credit
Set-Aside, you must meet the conditions noted in the Policies,
including, for example:
- providing evidence with the Application that the organization has an
ownership interest and will Materially Participate in the development and
operation of the Project throughout the Project Compliance Period on a
regular, continuous and substantial basis;
- providing a certification that the Qualified Nonprofit Organization or
Nonprofit Organization is not Affiliated With or Controlled by a
for-profit organization, entity or individual;
- incorporating the Qualified Nonprofit Organization or Nonprofit
Organization in Washington state and having the entity’s principal
office in Washington state at the time of the Application; and
- for a Partnership, ensuring all General Partners are Qualified
Nonprofit Organizations or Nonprofit Organizations, depending upon the
Credit Set-Aside selected.
Applicants will be only considered for one Credit Set-Aside, with the
exception of Qualified Nonprofit Organizations which may be considered for
both the Qualified Nonprofit Organization Set-Aside and the Nonprofit
Organization Credit Set-Aside.
Refer to Chapter
3 of the Policies for
additional information regarding the Credit Set-Asides and the Glossary of the
Policies for
definitions of "Affiliated With" and "Controlled By".
23. How does the Commission decide which Projects to select for Credit?
/\
There are 19 Allocation Criteria which are used by the
Commission staff to evaluate Projects and make recommendations to the
Commission for Credit, subject to the Credit Set-Aside categories. You must
select and receive a minimum of 130 Allocation Criteria Points in order for a
Project to be considered for Credit. If Projects receive equal scores,
priority in the recommendations for Credit Reservations and/or Allocations
will be given to the Application that requests the least amount of
Credit. If Projects receive equal scores and also request the same
amount of Credit, priority in the recommendations for Credit Reservations
and/or Allocations will be given to the Application that requests the least
amount of Credit per Housing Unit.
The total possible number of Allocation Criteria Points is
272 However, no
one Project can meet all the Allocation Criteria or, consequently, receive a
total of 272 points. In addition, the number of points needed to qualify for
Credit changes each year.
24. What are the Commission’s current Allocation Criteria Points?
/\
The Commission has 19 Allocation Criteria for a total of
272 possible
points. The Allocation Criteria and Points follow:
- Additional Low-Income Housing Set-Aside (maximum 50 points)
- Additional Low-Income Housing Use Period (maximum 44 points)
- Farmworker Housing (maximum 25 points)
- Housing Needs (maximum 10 points)
- Special-Needs Housing for Large Households (10 points)
- Special-Needs Housing for Persons who are Elderly (10 points)
- Special-Needs Housing for Persons with Disabilities (10 points)
- Special-Needs Housing for the Homeless (20 points)
- Preservation of Federally-Assisted Low-Income Housing (10 points)
- Maximum Use of Credit (10 points)
- Rehabilitation Projects (maximum 12 points)
- Project Size (maximum 10 points)
- Developer Fees (maximum 10 points)
- Historic Property (5 points)
- Targeted Areas (maximum 7 points)
- Leveraging of Public Resources (10 points)
- Donation in Support of Local Housing Needs (5 points)
- Eventual Tenant Ownership (2 points)
- Project Readiness (max of 12 points)
Refer to the Policies Chapter
6 for additional
information regarding the Allocation Criteria.
25. How much Credit is available this year and how many Applications does
the Commission expect to receive?
/\
The Commission anticipates that approximately $11.6 million of per capita
Credit authority will be available for allocation to 2006 Applicants. In
addition, the Commission is applying for Credit from National Pool authority.
The Commission intends to allocate all of its 2006 Credit authority, including
any National Pool authority it receives, during this Application round. The
Commission received the following number of Applications in recent
years:
- 43
Applications in 2006
- 49
Applications in 2005
- 42 Applications in
2004
- 51 Applications in
2003
- 45 Applications in
2002
- 46 Applications in 2001
-
48 Applications in 2000
The number of Applications depends upon the market, including the availability
of financing and investors.
26. How do I apply for Credit from the Commission?
/\
Submit your application by the deadline as posted on the WSHFC website.
Applications must be received by the Commission (not
postmarked) by the deadline. With your Application, submit all required
attachments, with the correct Application Fee by the deadline. Use exact
same Application Form or photocopies; do not submit an electronic copy.
Refer to the current year’s Application Package – Introduction and the
Application Form for additional information.
27. What are the minimum requirements for my Application to be considered
("Minimum Threshold Requirements")?
/\
All Projects must meet the Minimum Threshold Requirements listed in
Chapter
4 of the Policies by the Application deadline in order to be considered
for a Credit Reservation and Carryover Allocation. The Minimum Threshold
Requirements include:
- A completed Application submitted by the Application deadline. Include
the appropriate Application Fee and all required attachments.
- Federal Identification Number for the Applicant (or all parties to a
Joint Venture). If you do not have a Federal Identification Number, you
may secure one by obtaining and completing an IRS Form SS4. (Please refer
to the Policies.)
- Site Control for all land necessary to complete the Project.
- Title report demonstrating vested ownership of Land in name of the
Applicant. The title report must be dated within 60 days prior to the date
that the Application is submitted and include a complete and accurate
legal description which matches your Site Control evidence.
- Market Study
(PDF) in compliance with WSHFC Policies.
- Relocation plan for any tenants living in the Project, regardless of
whether they will be moving during or after construction. The relocation
plan must be approved by a local government agency that has jurisdiction
over tenant relocation issues. If there are tenants, the letter of
approval is required even if no tenants will be relocated.
- Demonstration of consistency with the state or local Consolidated Plan.
Refer to the Policies Chapter
4, Minimum Threshold Requirements, for additional information regarding the Minimum Threshold
Requirements. Also, refer to the Application and the Application Checklist
included in the current year’s Application Package.
28. What if I leave something out of my Application?
/\
If the Commission determines that an item is missing from a substantially
complete Application, or is incorrect, or needs clarification, you will have
five business days from receipt of notice to deliver the required information
to the Commission. Notice will be deemed received as outlined in the Policies.
This provision for Correction Periods will apply throughout the Application
process, until you are notified of the Tax Credit Director’s determination
regarding your Project. The Correction Period does not apply
to any Application that is not substantially complete (i.e. substantially
incomplete Applications will be canceled by the Commission).
Refer to the Policies Chapter
1, Overview for
additional information regarding the Correction Period.
29. How will I know if my Project receives Credit?
/\
If your Project scores highly enough, the Tax Credit Director will notify you
in writing after your Application has been reviewed to advise you whether your
Project met the Minimum Threshold Requirements and other requirements and, if
so, whether the Project qualifies for a Credit Set-Aside category and the
Allocation Criteria Points awarded to the Project. The Commission will hold a
public hearing and approve a list of Projects to receive Credit. The Executive
Director will be authorized to establish Credit Reservation and Carryover
Allocation Contracts (RACs) for the applicable Projects.
Refer to Chapter
6, Allocation Criteria, of
the Policies for additional information about the Commission’s Decisions
Regarding Reservations and/or Allocations.
30. What can I do if I feel that my Application was not appropriately
considered by the Commission?
/\
Any person who has a question about the Commission's Application review
process or decisions, or who believes that the Policies have been
violated or misapplied, should contact the Tax Credit Director and attempt to
resolve the matter. If you feel that you have been treated unjustly by a
determination that your Project is ineligible because of non-compliance with
the Minimum Threshold Requirements, or does not qualify for a Credit Set-Aside
category, or you disagree with the Allocation Criteria Points awarded to your
Project, you may ask the Executive Director to review that determination by
following the Decisions and Reviews procedures outlined in Chapter 13 of the
Policies.
Refer to the Policies Chapter
12, Decisions and Reviews,
for additional information regarding Decisions and Appeals.
31. If my Project is selected, what will I need to do to receive a Credit
Reservation and Carryover Allocation (the "Credit Reservation and Carryover
Allocation Requirements")?
/\
If your Project is selected for Credit, you must meet all of the Credit
Reservation and Carryover Allocation Requirements included in Chapter 7 of the
Policies to receive a Credit Reservation. The Credit Reservation and
Carryover Allocation Requirements include:
- Abiding by all Program Limits and meeting all
Minimum
Threshold Requirements.
- Being selected by the Commission to receive Credit.
- Having a Qualified Project which is
financially viable and
feasible.
- Meeting the Development Team capacity requirements.
- Meeting the property management team capacity
requirements.
- Executing the Credit Reservation and Carryover Allocation Contract
(RAC) and other applicable documents.
- Paying at least 50% of the Credit Reservation Fee.
- Making an Election of Applicable Percentage Month.
Refer to the Policies Chapter
7 for additional
information regarding the Credit Reservation and Carryover Allocation
Requirements.
32. What milestones will I need to meet if I cannot complete my Project this
year (the "Credit Reservation and Carryover Allocation Requirements")?
/\
If you cannot complete the Project this year, you must comply with all of the
Commission’s Credit Reservation and Carryover Allocation Requirements and
obtain a Credit Reservation and Carryover Allocation from the Commission by
all the deadlines identified in Chapter 7 of the Policies in order to
obtain up to two more years to complete your Project. The Credit Reservation
and Carryover Allocation Requirements include, for example:
- Providing evidence of ownership or long-term lease.
- Completing any changes to the legal description (e.g. a land
survey, partition or subdivision) consistent with the planned changes
submitted with the Application.
- Providing a current title report in the
exact same
name as Applicant (or all parties to a Joint Venture) if owned or the
person/entity with whom the Applicant has entered into a long-term lease
agreement.
- Expending more than 10% of the reasonably Expected Basis and
providing an Independent CPA's Certification of Costs.
Caution: If the Project does not correctly expend more than 10% of the
reasonably Expected Basis, the Credit Reservation and Carryover Allocation
is invalid. Be conservative. If in doubt, presume that the cost is not
allowed.
- Providing evidence of a conditional
commitment(s) for financing
from private and/or public sources in an amount sufficient to meet the
Total Project Costs. The written conditional financing commitment(s) must
include:
specific terms and conditions;
an acknowledgment by the financing source of receipt of the
Commission's Investor and Lender Notice; and
agreement by any financing source, which has or will record a lien
against the Land, to subordinate any such lien or encumbrance against the
Land the interests of the Commission as shown in the Regulatory Agreement
(Extended Use Agreement).
- Executing the Credit Reservation and
Carryover Allocation
Contract (RAC) and other applicable documents.
Refer to the Policies Chapter
7 for additional information
regarding the Credit Reservation and Carryover Allocation Requirements.
33. What else will I need to do in order to receive a final
Credit Allocation (the "Placed-In-Service Allocation Requirements")?
/\
The Commission will issue IRS Form 8609 to you or your successors in
interest for each Building in a Project, provided that you and/or the Project
meets all the items listed in the Policies as "initial
Placed-In-Service Allocation Requirements" and "final
Placed-In-Service Allocation Requirements".
Refer to the Policies Chapter
8 for additional
information regarding the Placed-In-Service Allocation Requirements.
34. What if I want to transfer or assign the Project?
/\
You may sell, transfer, lease, assign or exchange the Land, Building or
Project ownership, or otherwise convey the Project or any portion of it only after
complying with all the Project Transfer or Assignment Requirements included in
the Policies and obtaining the prior written consent of the
Commission, which will not be unreasonably withheld. You must provide notice
and comply with the transfer requirements at least 45 days before any transfer
or assignment. The Transfer Fee for any Project Transfer or Assignment is
$3,162. The Transfer Fee applies to each and every Project Transfer occurring
after you have submitted an Application for Credit.
Refer to the Policies Chapter
9 for additional
information regarding the Project Transfer or Assignment Requirements.
35. What are the special rules for Tax-Exempt Bond-Financed
Projects?
/\
A Qualified Tax-Exempt Bond-Financed Project is a Project in which some
portion of Eligible Basis is financed with the proceeds of tax-exempt
obligations. Since Qualified Tax-Exempt Bond-Financed Projects are not subject
to the state's Annual Authority, they may receive Credit without competing
with other Projects so long as they comply with the Commission's criteria and
requirements as described in the Policies. The Commission has different
requirements for Qualified Tax-Exempt Bond-Financed Projects which are
outlined in Chapter 13 of the Policies, including:
- minimum of 50 Allocation Criteria Points;
- can submit an Application for Credit at any time during the year subject
to the limitations outlined in Chapter 13 of the Policies; and
- separate fee schedule.
If interested, contact the Commission's Capital Projects Division staff
and/or Low-Income Housing Tax Credit Program staff to discuss. If a Project
has less than fifty percent (50%) of its financing from the proceeds of
tax-exempt obligations, the Project is treated the same as any other Project.
You must submit an Application by the deadline and comply with the regular
criteria, requirements and policies outlined in the Policies.
Refer to the Policies Chapter
13 for additional
information regarding Qualified Tax-Exempt Bond-Financed Projects.
36. What if I have more questions?
/\
The Commission strongly recommends that potential Applicants review Section 42
of the Code and the Policies in detail. You are also encouraged to seek
professional service from legal counsel, a tax advisor, an accountant and/or a
financial advisor before proceeding with an Application. You may also call the
Commission’s Low-Income Housing Tax Credit Program staff at 206-464-7139 or
800-767-4663 or askustc@wshfc.org
for additional information or assistance.
Caution:
The information contained in the above questions and answers is
only a brief summary of the information contained in the
Commission’s Policies and should be utilized solely for your
convenience. Please be sure to carefully review the requirements listed in
the Policies and all of the requirements noted in the Application
and the Application Checklist included in the Application Package.
This page was modified on 02/01/2006.
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