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How can I combine the OZ and New Market Tax Credits programs?

Can I benefit from both programs when investing in distressed areas?


Answers
  • Neil Faden
    May 29, 2020

    I do a lot of work with both OZs and NMTCs. NMTCs will provide low-interest loans with a potentially 'forgivable' piece after seven years, so you can create an OZ that invests in a qualified opportunity zone business and that business can borrow money from a new markets tax credit lender (i.e., a community development entity that has received an allocation of NMTC from the CDFI Fund of the US Treasury Department.) This has been done many times already and can be quite effective at generating capital for valuable community development projects. Unlike OZs, NMTCs are not as of right, so one must find entities with allocations of NMTCs and convince them of the value of the proposed project/business.

  • Matt Campbell
    May 29, 2020

    Yes, the programs can be combined. There are various alternative structures to combine both programs. The easiest may be to have the two-tier OZ structure and the NMTCs at the QOZB level.

  • Matthew Rappaport
    May 30, 2020

    It's tough to qualify for both simultaneously, but it's theoretically possible. You have to make sure you are meeting the requirements of both programs separately. There is no special allowance for you to get a break on compliance when you are trying to notch both benefits.

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