Dos & Don'ts, In the News, Keeping It Straight, Private Letter Rulings, Q & A

Dos & Don'ts, In the News, Keeping It Straight, Private Letter Rulings, Q & A

Appeals Court Dismisses Discrimination Case Against Treasury and OCC

January 9, 2020    

The Fifth Circuit Court of Appeals recently dismissed a discrimination lawsuit against the U.S. Department of Treasury and the Office of Comptroller of the Currency (OCC). This long-running lawsuit was brought by the Inclusive Communities Project (ICP), the same organization that pursued a...

FDIC, OCC Propose to Modernize Community Reinvestment Act Regs

January 9, 2020    

The Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) recently announced proposed regulations that may affect LIHTC investments. The proposed regulations are intended to modernize the agencies’ regulations under the Community Reinvestment...

AHCIA Provisions Absent from Year-End Tax Bill

December 23, 2019    

The fiscal year (FY) 2020 appropriations bills recently passed through Congress and was signed by President Trump before the Dec. 20 deadline, averting a government shutdown like the one experienced with the FY 2019 spending bills. The FY 2020 measures include appropriations for Transportation-...

IRS Issues Final Regs on Opportunity Zones

December 23, 2019    

Nearly two years after the Opportunity Zone initiative was enacted into law as part of the 2017 Tax Cuts & Jobs Act, the Treasury Department and the IRS has issued final regulations on Qualified Opportunity Funds. The final regulations are a modification and merger of the first and second...

IRS Releases 2020 LIHTC, Private Activity Bond Volume Caps

December 4, 2019    

The IRS recently published Revenue Procedure 2019-44, which provides the per capita and small state minimum levels for the LIHTC and Private Activity Bonds (PABs). These volume cap figures are adjusted annually for inflation. And, for the LIHTC, the volume cap includes the temporary 12.5 percent...

Bill Introduced to Address Rising LIHTC Rents

December 4, 2019    

Representative Yvette Clarke (D-NY) recently introduced the “Affordable Housing and Area Median Income Fairness Act of 2019” (H.R.4984). The bill attempts to change how HUD calculates the area median income (AMI). For Clarke’s constituency, the AMI calculation incorporates not...

Opportunity Zone Oversight Bills Introduced in Congress

December 4, 2019    

Recently, congressional Democrats have been increasing oversight efforts over the Opportunity Zone (OZ) program. This program is a community investment incentive established by Congress in the Tax Cuts and Jobs Act of 2017 to encourage long-term investments in low-income urban and rural...

Citizenship Requirements and the LIHTC Program

October 30, 2019    

Q My company has just started managing our first tax credit site. Some of our applicants aren’t U.S. citizens. We’ve previously managed Section 8 sites and have had to reject applicants because they were noncitizens without proper...

Clarification on Counting Foster Children and Foster Adults as Household Members

October 30, 2019    

Q The October issue of the Insider stated that foster children are not counted when determining household eligibility. (See “...

Report: LIHTC Program Supports Nearly 40 Percent of Region’s Rental Housing

October 30, 2019    

Freddie Mac recently released a white paper highlighting the role that the LIHTC program serves in the rural Lower Mississippi Delta. The report shows that the LIHTC program supports a substantial percentage (39.2 percent) of multifamily rental housing in the region, more than three times the...

New Democrat Coalition Endorses AHCIA

October 30, 2019    

The New Democrat Coalition (NDC) is a Congressional Member Organization within the U.S. Congress made up of centrist Democrats who support an agenda that the organization describes as “moderate” and “pro-growth” and who support a balanced budget. Entering the 116th...

Indiana Tax Court Reverses Site’s Charitable Exemption Determination

October 30, 2019    

An Indiana Tax Court recently reversed an Indiana Board of Tax Review’s final determination that concluded a low-income apartment complex owner failed to prove it qualified for a charitable purposes exemption. In 2007, the owner purchased a HUD site for low-income renters in the county....