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How can OZ investment be combined with LIHTC and NMTC investments?

How can OZ investment be combined with LIHTC and NMTC investments?


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  • Matthew Rappaport
    March 17, 2020

    There's nothing preventing you from doing both at the same time, but it's tough to thread the needle. You need to qualify under both programs separately, so there is no bonus for doing both on the compliance side. What this means is that you have to take your project, evaluate it under the QOZ rules, and then evaluate it again under the NTMC or LIHTC rules from scratch. It is only if you qualify for both that you will get the benefits. The collateral consequences are also difficult to navigate. For instance, the NMTCs or LIHTCs are subject to passive activity analysis, so you typically need to find a tax equity investor. You could theoretically have a three-bucket fund: a bucket for the tax equity investors who only care about the credits, but not the QOZ benefits; a bucket for the investors who care about QOZ but not the tax credits; and a bucket for the sponsor, whose carry/promote will generally not see either benefit. I have not seen this done in real life to this point.

  • Maria De Los Angeles Rivera
    March 24, 2020

    There is no limitation on the stacking with the credits. The proper structure must be carefully done.

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