News & Analysis as of

LIHTC

Morris, Manning & Martin, LLP

The One Big Beautiful Bill: What Every Commercial Real Estate Investor Needs to Know

The commercial real estate landscape is undergoing one of its most significant policy overhauls in years. The recently enacted “One Big Beautiful Bill” brings sweeping changes to tax incentives, financing rules, and...more

Ballard Spahr LLP

Tax Impact of the OBBBA: What the New Budget Law Means for Housing and Real Estate

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President Trump’s budget permanently extends numerous provisions of the Internal Revenue Code from the Tax Cuts and Jobs Act (TCJA) of 2017 scheduled to expire at the end of 2025 and includes several changes that will have...more

Williams Mullen

Low-Income Housing Tax Credit Reform: The One Big Beautiful Bill Act’s Effect on Affordable Housing

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On July 3, 2025, the United States House of Representatives passed the final version of the One Big Beautiful Bill Act (the “Act”), which was subsequently signed into law by the President on July 4, 2025. ...more

Gould + Ratner LLP

10 Things a Real Estate Investor Should Know About the Big Beautiful Bill

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On July 4, 2025, the One Big Beautiful Bill Act (OBBBA) was passed into law and introduced many changes to the tax code and federal spending priorities. The OBBBA has wide-ranging implications for the real estate market. Here...more

Offit Kurman

Business Tax Law Provisions of the OBBBA

Offit Kurman on

The business tax provisions of the One Big Beautiful Bill Act (OBBBA), as signed by the president on July 4, reflect sweeping changes aimed at incentivizing small businesses, domestic investment, and manufacturing. Outlined...more

Polsinelli

Alabama To Offer State Tax Credit for Federal 4% LIHTC Projects

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As affordable housing has continued to be a topic of concern across the United States, states are evaluating ways to spur and support affordable housing development. In response to affordable housing needs, Alabama became the...more

Ballard Spahr LLP

D.C., Maryland Multifamily Housing Update: Prince George’s County Rent Control, Montgomery County Tenant Protections, Montgomery...

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There have been a number of new regulatory developments since our prior Alert, including updates on Prince George’s County rent control, Montgomery County tenant protections, Montgomery County Right of First Refusal (ROFR)...more

Akerman LLP

Maximizing Tax Credits by Installing Solar at LIHTC Projects

Akerman LLP on

The increased interest in installing solar at affordable housing projects is not surprising given that the IRC Section 48 energy investment tax credit (ITC) could subsidize as much as 70 percent of the cost and the Inflation...more

Holland & Knight LLP

U.S. Tax Court Holds Bond Financing Costs Are Includible in LIHTC Basis

Holland & Knight LLP on

A U.S. Tax Court decision entered on Feb. 20, 2024, in 23rd Chelsea Associates LLC v. Commissioner of Internal Revenue held that bond issuance and related financing costs incurred in connection with the development of a...more

Parker Poe Adams & Bernstein LLP

District of Columbia Lays Groundwork for Office to Residential Building Conversions Through Tax Abatement Program

Earlier this month, the District of Columbia’s Office of the Deputy Mayor for Planning and Economic Development (DMPED) issued proposed rules that lay the groundwork for a competitive process to provide gap financing of...more

Ballard Spahr LLP

Rent Control, ROFR, TOPA, and Other Multifamily Regulatory Updates

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Regulation of the multifamily industry appears to be continuing. Our most recent Alert discussed Maryland Governor Moore’s proposals for the Renters Rights and Housing Stabilization Act of 2024; rent control updates; our Rent...more

Ballard Spahr LLP

HR 7024: Low-Income Housing Legislation on the Move

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On January 19, 2024, the House Ways and Means Committee approved the bipartisan tax legislation, “The Tax Relief For American Families and Workers Act of 2024”. Two proposed changes to Section 42 of the Internal Revenue Code...more

Williams Mullen

Four Revamped Tax Incentives with Real (Estate) Implications

Williams Mullen on

The Inflation Reduction Act of 2022 (the “IRA”) will disburse approximately $370 billion to spur private sector building decarbonization. As it relates to commercial real estate, there are at least four (4) key tax incentives...more

Ballard Spahr LLP

November Multifamily Alert

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As a follow-up to our recent alert, here are some updates on regional and national legislative activity impacting real estate...more

Polsinelli

Texas Offers State Low-Income Housing Tax Credits

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Texas Governor Greg Abbott (R) recently signed Texas House Bill (H.B.) 1058, making Texas at least the 28th state, plus the District of Columbia, to offer state low-income housing tax credits to bridge the growing affordable...more

Greenbaum, Rowe, Smith & Davis LLP

An Overview of Amendments to the New Jersey Aspire Program

What You Need to Know- •The New Jersey Aspire Program has been amended to incentivize developers seeking to close project financing gap costs associated with commercial, mixed use, and residential real estate development...more

Polsinelli

Rhode Island State LIHTC: Another Step Towards Affordable Housing

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Rhode Island joins 26 other states in offering state low-income housing tax credits to bridge the growing affordable housing gap in the United States. Rhode Island Governor Daniel McKee recently signed the FY24 RI Ready...more

Burr & Forman

South Carolina Low Income Housing Tax Credit: Too Much of a Good Thing

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The availability of “affordable housing” has become a major issue in many cities, counties and states across the United States, and South Carolina is no exception. To help address the affordable housing shortage, in 2020,...more

McNees Wallace & Nurick LLC

Better Housing and Building to Improve Lives

For most people, a primary residence is the largest investment they will make over their lifetime. Therefore, it’s no surprise that people will be curious, critical, or even opposed to any type of real estate development in...more

Paul Hastings LLP

Treasury Issues Final Guidance on Housing Tax Credit Income Averaging Rule; IRS Extends Deadlines

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On October 7, 2022, Treasury issued final and temporary regulations on the income averaging rules for the low-income housing tax credit (“LIHTC”) under Section 42 of the U.S. Internal Revenue Code of 1986, as amended (the...more

Holland & Knight LLP

Sixth Circuit Gives Statutory Context to Affordable Housing ROFRs

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The federal low income housing tax credit (LIHTC) program, 26 U.S.C. § 42, is the largest driver of affordable housing in the country. In an effort to keep LIHTC projects affordable as long as possible, Congress created a...more

Holland & Knight LLP

The New Markets Tax Credit Program: An Underutilized Opportunity for Indian Country

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In existence since 2000, the federal New Markets Tax Credit (NMTC) incentive has provided gap financing and infusions of cash in economically distressed communities for more than two decades. However, the amount of NMTC funds...more

Goulston & Storrs PC

Biden’s FY2023 Budget: Key Real Estate & Corporate Tax Proposals

Goulston & Storrs PC on

On March 28, 2022, President Biden released his FY2023 budget (the “FY2023 Budget”), and the U.S. Treasury released the so-called “Green Book,” which provides details related to the revenue provisions in the FY2023 Budget....more

Ballard Spahr LLP

Further IRS Extensions and Waivers to Affordable Rental Housing Projects as COVID-19 Persists

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Summary - The IRS has extended certain deadlines relating to affordable housing projects with Low Income Housing Tax Credits (LIHTC) under Section 42 of the Internal Revenue Code of 1986, as amended (the Code) or financed...more

Ballard Spahr LLP

IRS Clarifies Eligibility of Buildings Financed with Bonds Issued Pre-2021 for 4% LIHTC Minimum Rate

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Summary - The IRS released Revenue Ruling 2021-20 and Revenue Procedure 2021-43 to address uncertainty about whether the minimum 4% applicable percentage (4% minimum rate) under the federal income tax code applies to...more

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