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Glossary
1 min read

What are Tax Credits?

Tax credits are incentives that allow taxpayers to deduct certain amounts from the taxes they owe the government. When it comes to the HUD 223(f) loan program, the most common tax incentive program is the Low-Income Housing Tax Credit, or LIHTC . The LIHTC allows property owners to take a 10-year

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Tax Credits and the HUD 223(f) Loan Program

Tax credits are incentives that allow taxpayers to deduct certain amounts from the taxes they owe the government. When it comes to the HUD 223(f) loan program, the most common tax incentive program is the Low-Income Housing Tax Credit, or LIHTC. The LIHTC allows property owners to take a 10-year tax credit on their federal income taxes, as long as they keep their property’s rents under a certain limit.

This limit is usually defined by the “60/40 rule,” meaning that 40% of the property’s units must be reserved for tenants earning less than or equal to 60% of the area median income (AMI), or by the “20/50” rule, meaning that 20% of the property’s units must be reserved for tenants earning less than or equal to 50% of the area median income.

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Related Questions

What are the different types of tax credits?

The most common tax incentive program is the Low-Income Housing Tax Credit (LIHTC). In addition to the federal LIHTC, many states offer State Historic Tax Credit programs, which allow investors to offset a certain amount of their state income taxes if they invest in the substantial rehabilitation of eligible historic buildings.

The LIHTC allows property owners to take a 10-year tax credit on their federal income taxes, as long as they keep their property’s rents under a certain limit. This limit is usually defined by the “60/40 rule,” meaning that 40% of the property’s units must be reserved for tenants earning less than or equal to 60% of the area median income (AMI), or by the “20/50” rule, meaning that 20% of the property’s units must be reserved for tenants earning less than or equal to 50% of the area median income.

In addition to the federal Historic Tax Credit, many states offer State Historic Tax Credit programs, which allow investors to offset a certain amount of their state income taxes if they invest in the substantial rehabilitation of eligible historic buildings. In most cases, State Historic Tax Credits are combined with the federal Historic Tax Credit in order to maximize a property’s investment yield.

How do tax credits work?

Tax credits are incentives that allow taxpayers to deduct certain amounts from the taxes they owe the government. When it comes to the HUD 223(f) loan program, the most common tax incentive program is the Low-Income Housing Tax Credit, or LIHTC. The LIHTC allows property owners to take a 10-year tax credit on their federal income taxes, as long as they keep their property’s rents under a certain limit.

This limit is usually defined by the “60/40 rule,” meaning that 40% of the property’s units must be reserved for tenants earning less than or equal to 60% of the area median income (AMI), or by the “20/50” rule, meaning that 20% of the property’s units must be reserved for tenants earning less than or equal to 50% of the area median income.

What are the benefits of tax credits?

Tax credits are incentives that allow taxpayers to deduct certain amounts from the taxes they owe the government. When it comes to the HUD 223(f) loan program, the most common tax incentive program is the Low-Income Housing Tax Credit, or LIHTC. The LIHTC allows property owners to take a 10-year tax credit on their federal income taxes, as long as they keep their property’s rents under a certain limit.

This limit is usually defined by the “60/40 rule,” meaning that 40% of the property’s units must be reserved for tenants earning less than or equal to 60% of the area median income (AMI), or by the “20/50” rule, meaning that 20% of the property’s units must be reserved for tenants earning less than or equal to 50% of the area median income.

In addition to the LIHTC program, other widely used tax credit programs include the HTC (Historic Tax Credit) program, which offers a tax credit based on the percentage of eligible expenses used to rehabilitate a historic building for commercial use, and the New Markets Tax Credit Program, which provides a tax credit for commercial development in low-income areas. If the affordable housing asset you invest in needs some serious work, you may be able to take advantage of HUD’s Low-Income Housing Tax Credit, or LIHTC, program. This program offers tax incentives in two separate ways, covering either 30% or 70% of a rehabilitation or development project’s costs. Similarly, investors or developers may also be in a strong position to utilize additional credits if a property or development is located within an Opportunity Zone.

In general, these tax credits programs are competitive, and thus, are typically utilized by institutions and funds rather than by individual investors. With all this in mind, it’s important that commercial real estate investors consult with an experienced tax professional in order to better understand how each of these tax benefits may be able to work for them.

Are there any restrictions on tax credits?

Yes, there are restrictions on tax credits. For example, the Low-Income Housing Tax Credit (LIHTC) allows property owners to take a 10-year tax credit on their federal income taxes, as long as they keep their property’s rents under a certain limit. This limit is usually defined by the “60/40 rule,” meaning that 40% of the property’s units must be reserved for tenants earning less than or equal to 60% of the area median income (AMI), or by the “20/50” rule, meaning that 20% of the property’s units must be reserved for tenants earning less than or equal to 50% of the area median income. Additionally, the Historic Tax Credit Program grants investors in qualified historic buildings a 20% tax credit against rehabilitation expenses, though not all expenses qualify under the program guidelines. Ineligible expenses include cabinets, appliances, furniture, and tacked carpeting, new decks, porches, fencing, and landscaping, planters, parking lots, signage, and sidewalks, financing fees, feasibility studies, leasing costs, and structural demolition costs.

How can I apply for tax credits?

In order to apply for tax credits, you must first propose a project and apply with a state’s Housing Finance Authority (HFA). If the HFA agrees to approve the credits, then the developer and the HFA can begin the negotiation process for the project’s Land Use Restriction Agreement, or LURA. After this, the project can actually be built or rehabilitated, and can be certified by the HFA, after which the property will actually be leased to residents. Properties must annually be re-certified in order for investors/developers to continue to receive tax credits. Source and Source and Source.

In this article:
  1. Tax Credits and the HUD 223(f) Loan Program
  2. Related Questions
  3. Get Financing
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