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2013-2014 Economic
                         Outlook and Impact of
                         Finance and
                         Accounting
                         Debra Santos, CPA - Manager AMS
                         January 17, 2013



Thrive. Grow. Achieve.
RAFFA HISTORY

                      IN 1984, TOM RAFFA SET OUT TO CREATE
200               MEANINGFUL ACCOUNTING WORK THAT SUPPORTED
Employees, in             GIVING BACK TO THE COMMUNITY.
3 separate
companies:
                   RAFFA’S VISION IS TO BE THE MOST CARING AND
• Raffa PC         EFFECTIVE PROFESSIONAL FINANCIAL SERVICES
                            PARTNER IN THE INDUSTRY.
• Raffa
  Financial
  Services Inc.

• Raffa Wealth
  Management
  LLC
WHERE ARE WE NOW?

                   CURRENT

                   • Largest reduction in GDP over last 4 years, since the great depression

                   • Non profits struggle to find funding and maintain programs

Economic &         • Tax increases may reduce donations

                   • Government funding cuts could reduce grants to organizations
“Fiscal Cliff” &
                   • Collaborative, Innovative, Interdisciplinary, Entrepreneurial

“ Debt Ceiling”    • Elimination of uncertainty of personal tax rates

                   • Improved employment statistics in District
Impact
                   • Sequestration
2013-2014

CHALLENGES

• Need to develop investment strategy/increase return on investment

• Open new revenue streams (improve program results and metrics)

• Managing organizational debt

• Attracting and retaining talent

• Understanding Capital Structure
UNDERSTANDING CAPITAL STRUCTURE



             Pursuit of Mission




Preservation of             Capital Structure
Organizational &
Financial Visibility
STRATEGIES

INNOVATIVE USE OF TECHNOLOGY

• Revenue generation – Social Media, Crowd-sourcing

• Improve efficiency of Program Delivery

NON PROFIT PARTNERING
• Space and resource sharing

• Integrated program delivery

USE OF DEBT
• Levering a Line of Credit

• Financing out of a Deficit

RETURN ON INVESTMENT
• Engaging financial consultant or fiduciary manager

• Building excess reserves
THANK YOU!

Debra Santos, CPA
Direct: 202-955-6746
E-mail: dsantos@raffa.com


www.raffa.com
Cresa

2013 Washington, DC Market Outlook
January 2013




Presented to:
Non-Profits & Associations of Washington DC
Table of Contents



Local Area Market/Economic Conditions

Real Estate Window-of-Opportunity

Nonprofit Real Estate Trends

Nonprofit Office Space Trends

Strategic Real Estate Planning




9 | Cresa Washington DC—DC Market Outlook/ Trends
Local Area Market/Economic Conditions

Current Market Conditions                                        Expected Market Conditions in 2015
   Uncertainty as to the role of the Federal                      A lot depends on politicians coming together in 2013.
    Government and federal spending                                 They’ve already shown that political bickering is still the
   Flight to quality; flight to efficiency                         norm.
   Low activity in the market; no new office demand               Still need a firm understanding on what will happen to
   Limited new development; must have pre-comment                  federal spending.
   Stable opportunities for leasing                                  - Expect continued political posturing to make any resolution
   The rise of the special servicers                                   difficult.
   Stable rents; rising concessions                                  - Expect demand growth to stay sideline until certainty is
                                                                        established.


                                                    Current Economic Conditions
 Headwinds                                                        Tailwinds

     Spending Cut Debate                                          Federal Government has pent up demand and
     Next Debt Ceiling Debate                                      needs to spend money
     2013 Fiscal Budget Debate                                    Increase demand for Healthcare; Education
     On going risk created by political uncertainty               Need for cyber-security and national intelligence to
     Slow economic growth                                          grow
     European debt crisis                                         Strong corporate and personal balance sheets
                                                                   Strong tech sector
                                                                   Cheap debt




3 | Cresa Washington DC—DC Market Outlook/ Trends
Local Area Market/Economic Conditions

Economic Recovery and Leasing Opportunity Timeline (Projections)
         Debt Ceiling Debate                          2012 Elections          Another Continuing Resolution
              Super Committee                                                         Major BRAC             Full implementation                Major BRAC
              Impasse                                      Fiscal Cliff               Move-Outs              of new procurement                 Move-Outs
                                                            Averted                         Revised Spending and leasing
                                                                                            Priorities
                                                                                                                                                        Potential
                                                                                                                                                       Market Shift



                      2012                                  2013                                      2014                    2015                             2016
                                                                                   Leasing Sweet Spot



 Economy Growth
 Political Uncertainty
 Federal Spending/Procurement
 Flight to Efficiency
 Demand for Office Space (Private Sector)
 Demand for Office Space (Public Sector)
 Concessions
 Assumptions
 Congress creates a spending cut agreement
 reducing the federal debt by $ 2 trillion over the   Trend
 next 10 years.
 No impact from European debit crises or               Lighter the color; less pronounced the trend                      Darker the color; more pronounced the trend
 economic recession



  11 | Cresa Washington DC—DC Market Outlook/ Trends
MARKET + BUILDING + LANDLORD = WINDOW OF
 OPPORTUNITY




12 | Cresa Washington DC—DC Market Outlook/ Trends
Current Real Estate Trends for Nonprofits

Reduce Real Estate Costs
   Evaluating layout to reduce space size and sublease additional space
   Restructuring Lease to reduce rates by extending term
   Evaluating Operating Expense and Real Estate Tax Additional Costs
   Reducing LAN rooms through cloud technology

Increase Space Efficiency
 Smaller standardized offices
 More open workstations decreases square footage (“benching”)
 Considering telecommuting option

Increase Office Collaboration
   More open workstations increases collaboration
   More “teaming rooms”
   Incorporating “Starbucks design” in pantry for more casual meeting area
   Increased use of glass for collaboration and LEED design principals


13 | Cresa Washington DC—DC Market Outlook/ Trends
Nonprofit Office Space Trends




14 | Cresa Washington DC—DC Market Outlook/ Trends
Strategic Real Estate Planning




15 | Cresa Washington DC—DC Market Outlook/ Trends
New Markets Tax Credits
   and Tax Exempt Bond Financing

Olivia Shay-Byrne, Esq., (Partner, Reed Smith LLP)




  OLIVIA SHAY-BYRNE | 202.414.9370 |
  OSHAY@REEDSMITH.COM
BUY VERSUS LEASE
    ANALYSIS
BUY VERSUS LEASE: CONSIDERATION FACTORS

THE BUSINESS’ FUTURE GOALS AND NEEDS



LONG TERM CASH FLOW ANALYSIS



FLEXIBILITY RELATING TO EXPANSION AND SPACE



UP FRONT COSTS



OPERATING EXPENSES



POTENTIAL FOR ADDITIONAL REVENUE SOURCE
ADVANTAGES TO BUYING
CURRENT LOW INTEREST RATES & PROPERTY VALUES

OPPORTUNITY TO BUILD EQUITY

FLEXIBILITY - ABILITY TO LEASE EXTRA SPACE

NO RENT INCREASES

CONTROL IN OPERATION AND MANAGEMENT OF BUILDING

TAX INCENTIVES POSSIBLE

LONG TERM FINANCING

PROFIT IF MARKET VALUE INCREASES
BUYING REQUIREMENTS
UP FRONT CAPITAL TO PURCHASE (TYPICALLY ABOUT 10 TO 20% OF TOTAL ACQUISITION)



SUFFICIENT CREDIT TO SECURE FINANCING



FAMILIARIZATION WITH OWNERSHIP AND/OR UNIT OWNER’S ASSOCIATION
LEASING BENEFITS
CREDITWORTHINESS IS NOT AS SIGNIFICANT.



MINIMAL UPFRONT COSTS.



ABILITY TO MOVE AT THE END OF THE LEASE TERM WITHOUT SELLING OR LEASING OTHER
SPACE.
DISADVANTAGES TO LEASING
MINIMAL FLEXIBILITY – LANDLORDS TYPICALLY LOCK TENANTS IN FOR LONGER TERMS (10
YEARS) WITH A SIGNIFICANT EARLY TERMINATION FEE



NO EQUITY BUILD UP



RENTAL RATES ON CURRENT MARKET CONDITIONS WITH ANNUAL ESCALATION



TENANT MAY BE REQUIRED TO MOVE AT END OF LEASE TERM.
TAX-EXEMPT BOND
   FINANCING
TAX EXEMPT
                           BONDS
MAY BE USED TO:

PURCHASE A BUILDING


-- may use less than all of the building
RENOVATE A BUILDING


-- may use less than all of the building
NEW CONSTRUCTION


    -- MAY PURCHASE A FLOOR IN AN OFFICE
CONDO
SELECTING PROJECTS THAT QUALIFY
                     FOR TAX EXEMPT FINANCING
ELIGIBLE ASSETS


TYPICALLY, TAX-EXEMPT BOND PROCEEDS ARE USED
TO FUND THE COST OF:


•Acquiring or constructing capital assets
•Interest during construction
•A debt service reserve fund
•Certain costs of credit enhancement


Costs of issuance funded from bond proceeds are limited to 2% of
1430 K STREET, NW
        AMERICAN
        EDUCATION
        RESEARCH
        ASSOCIATION TAX
        EXEMPT BONDS


        AMERICAN
        SOCIOLOGICAL
        ASSOCIATION
            TAX EXEMPT
NATIONAL ASSOCIATION OF REALTORS
 WASHINGTON, D.C. HEADQUARTERS
ADVANTAGES OF TAX-EXEMPT FINANCING
          LOWER INTEREST COST IN
          COMPARISON TO THE INTEREST RATE
          ON CONVENTIONAL DEBT AVAILABLE
          TO THE BORROWER.


          BECAUSE INVESTORS IN TAX-EXEMPT
          BONDS DO NOT PAY FEDERAL INCOME
          TAX ON INTEREST PAYMENTS
          RECEIVED ON THE BONDS, THESE
          INVESTORS ARE WILLING TO ACCEPT
          AN INTEREST RATE LOWER THAN THE
          INTEREST RATE ON COMPARABLE
          TAXABLE BONDS, THE INTEREST ON
          WHICH IS SUBJECT TO FEDERAL
LOWER INTEREST RATE
                      BENEFITS
EQUITY PROVIDED

HIGHER LEVERAGE

LONGER TERM LOAN




Burdens
• More complex
• 90 Days +
• More costly
TAX EXEMPT BONDS
RESTRICTIONS AND
   COVENANTS
WHO MAY TYPICALLYTAX-EXEMPT BONDS?
        ISSUE ISSUED BY THE STATE AND LOCAL
           GOVERNMENT AUTHORITIES (THE
           “AUTHORITY”).


           TO APPLY, AN ELIGIBLE ORGANIZATION MUST
           SUBMIT A COMPREHENSIVE APPLICATION
           WITH SPECIFIC INFORMATION REGARDING THE
           ORGANIZATION AND THE PROSPECTIVE
           PROJECT.


           THE AUTHORITY’S APPROVAL PROCESS
           INCLUDING TEFRA HEARING AND APPROVALS
           TYPICALLY TAKES ABOUT 90 DAYS.
SELECTING PROJECTS THAT QUALIFY
                          FOR TAX EXEMPT FINANCING
QUALIFIED USE VS. PRIVATE USE



SECTION 145 OF THE CODE IS THE PRIMARY FEDERAL
TAX STATUTE DEALING WITH TAX-EXEMPT BONDS FOR
501(C)(3) ORGANIZATIONS.


•Requires all property financed by the tax-exempt bonds to be owned
 by a 501(c)(3) organization or a governmental unit.


•95% of the proceeds of the tax-exempt bonds be used in the exempt
 activities of the 501(c)(3) organization ("Qualified Use").
NEW MARKET TAX CREDITS
       (“NMTC”)
NEW MARKET TAX CREDITS UPDATE

ON JANUARY 3, 2013 PRESIDENT OBAMA SIGNED THE AMERICAN TAXPAYER RELIEF ACT OF 2012
WHICH INCLUDED AN EXTENSION OF THE NEW MARKETS TAX CREDIT PROGRAM FOR 2012 AND
2013. THE TAX CREDIT ALLOCATION AUTHORITY IS $3.5 BILLION FOR EACH YEAR.



THE CDFI FUND IS CURRENTLY REVIEWING APPLICATIONS RECEIVED UNDER THE 2012 ROUND
AND PLANS TO ANNOUNCE THE AWARDS IN APRIL.
NMTC PROGRAM

PURPOSE: TO ATTRACT PRIVATE
INVESTMENT TO PROVIDE CAPITAL
FOR SPECIFIC TYPES OF FOR-PROFIT
AND NON-PROFIT BUSINESSES IN
LOW-INCOME, ECONOMICALLY-
DISTRESSED COMMUNITIES (TARGET
ZONES)
GENERAL OVERVIEW
THE NEW MARKETS TAX CREDIT
PROGRAM IS DESIGNED TO:
–Stimulate job creation
–Encourage investment in and revitalization of low-income
 urban and rural communities.
THE PRIMARY FINANCIAL BENEFIT OF
THE PROGRAM IS A SUBSTANTIAL
FEDERAL TAX CREDIT TO THE
INVESTOR.
Diagram: Example of NMTC Structure
NMTCS: WHAT’S THE
 BENEFIT?
20%-25% EQUITY CONTRIBUTION BY
EQUITY WHICH MAY BE FORGIVEN WITH
A PUT/CALL PROVISION AFTER 7 YEARS


REDUCED INTEREST RATES


FLEXIBLE STRUCTURE
NMTC
RESTRICTIONS AND
   COVENANTS
WHICH PROJECTS CAN USE
NMTCS?
NMTC PROCEEDS CAN BE USED
FOR A WIDE VARIETY OF
PROJECTS:

Offices
Retail
Mixed used projects

Manufacturing plants
Sporting facilities
Healthcare facilities
WHAT ARE THE BENEFITS FOR THE
INVESTOR?

 NMTC INVESTOR CAN CLAIM A SIGNIFICANT TAX CREDIT



 CREDIT CLAIMED OVER A “SEVEN YEAR” PERIOD AS FOLLOWS:

 THE TOTAL TAX CREDIT IS 39% OF THE QUALIFIED EQUITY INVESTMENT (“QEI”)

 • 5% of the QEI is paid in Years 1-3

 • 6% of the QEI is paid in Years 4-7
WHAT ARE THE BENEFITS FOR THE
BORROWER?

 GAP FINANCING - MAKES THE
 PROJECT FEASIBLE.


 BORROWER IS TYPICALLY
 REQUIRED TO PAY “INTEREST
 ONLY” ON LOAN PAYMENTS (7
 YEARS).
FINANCING STRUCTURE



A LEVERAGE STRUCTURE
INVOLVES:
A LOAN FROM A LEVERAGE
LENDER
A CAPITAL CONTRIBUTION FROM
A NMTC EQUITY INVESTOR
“TARGET ZONE”
LOW INCOME COMMUNITY (“LIC”): WHAT QUALIFIES?



 Location – Location – Location
   A CENSUS TRACT WHERE:


   AT LEAST 20% OF THE POPULATION IS AT OR
   BELOW THE POVERTY LEVEL


   THE AREA MEDIAN FAMILY INCOME IS NOT
   MORE THAN 80% OF THE STATEWIDE OR
   METROPOLITAN AREA INCOME, AS
   APPLICABLE
EXAMPLES OF TARGET ZONES IN THE DISTRICT
TARGET ZONES INCLUDE PARTS OF:




  The H Street Corridor

  NOMA

  Pennsylvania Avenue

  Baseball Stadium

  Anacostia

  And More!
THANK YOU!
CONTACT INFORMATION:




  OLIVIA SHAY-BYRNE
 OSHAY@REEDSMITH.C
        OM
     202.414.9370

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2013-01-17 2013-2014 Economic Outlook

  • 1. 2013-2014 Economic Outlook and Impact of Finance and Accounting Debra Santos, CPA - Manager AMS January 17, 2013 Thrive. Grow. Achieve.
  • 2. RAFFA HISTORY IN 1984, TOM RAFFA SET OUT TO CREATE 200 MEANINGFUL ACCOUNTING WORK THAT SUPPORTED Employees, in GIVING BACK TO THE COMMUNITY. 3 separate companies: RAFFA’S VISION IS TO BE THE MOST CARING AND • Raffa PC EFFECTIVE PROFESSIONAL FINANCIAL SERVICES PARTNER IN THE INDUSTRY. • Raffa Financial Services Inc. • Raffa Wealth Management LLC
  • 3. WHERE ARE WE NOW? CURRENT • Largest reduction in GDP over last 4 years, since the great depression • Non profits struggle to find funding and maintain programs Economic & • Tax increases may reduce donations • Government funding cuts could reduce grants to organizations “Fiscal Cliff” & • Collaborative, Innovative, Interdisciplinary, Entrepreneurial “ Debt Ceiling” • Elimination of uncertainty of personal tax rates • Improved employment statistics in District Impact • Sequestration
  • 4. 2013-2014 CHALLENGES • Need to develop investment strategy/increase return on investment • Open new revenue streams (improve program results and metrics) • Managing organizational debt • Attracting and retaining talent • Understanding Capital Structure
  • 5. UNDERSTANDING CAPITAL STRUCTURE Pursuit of Mission Preservation of Capital Structure Organizational & Financial Visibility
  • 6. STRATEGIES INNOVATIVE USE OF TECHNOLOGY • Revenue generation – Social Media, Crowd-sourcing • Improve efficiency of Program Delivery NON PROFIT PARTNERING • Space and resource sharing • Integrated program delivery USE OF DEBT • Levering a Line of Credit • Financing out of a Deficit RETURN ON INVESTMENT • Engaging financial consultant or fiduciary manager • Building excess reserves
  • 7. THANK YOU! Debra Santos, CPA Direct: 202-955-6746 E-mail: dsantos@raffa.com www.raffa.com
  • 8. Cresa 2013 Washington, DC Market Outlook January 2013 Presented to: Non-Profits & Associations of Washington DC
  • 9. Table of Contents Local Area Market/Economic Conditions Real Estate Window-of-Opportunity Nonprofit Real Estate Trends Nonprofit Office Space Trends Strategic Real Estate Planning 9 | Cresa Washington DC—DC Market Outlook/ Trends
  • 10. Local Area Market/Economic Conditions Current Market Conditions Expected Market Conditions in 2015  Uncertainty as to the role of the Federal  A lot depends on politicians coming together in 2013. Government and federal spending They’ve already shown that political bickering is still the  Flight to quality; flight to efficiency norm.  Low activity in the market; no new office demand  Still need a firm understanding on what will happen to  Limited new development; must have pre-comment federal spending.  Stable opportunities for leasing - Expect continued political posturing to make any resolution  The rise of the special servicers difficult.  Stable rents; rising concessions - Expect demand growth to stay sideline until certainty is established. Current Economic Conditions Headwinds Tailwinds  Spending Cut Debate  Federal Government has pent up demand and  Next Debt Ceiling Debate needs to spend money  2013 Fiscal Budget Debate  Increase demand for Healthcare; Education  On going risk created by political uncertainty  Need for cyber-security and national intelligence to  Slow economic growth grow  European debt crisis  Strong corporate and personal balance sheets  Strong tech sector  Cheap debt 3 | Cresa Washington DC—DC Market Outlook/ Trends
  • 11. Local Area Market/Economic Conditions Economic Recovery and Leasing Opportunity Timeline (Projections) Debt Ceiling Debate 2012 Elections Another Continuing Resolution Super Committee Major BRAC Full implementation Major BRAC Impasse Fiscal Cliff Move-Outs of new procurement Move-Outs Averted Revised Spending and leasing Priorities Potential Market Shift 2012 2013 2014 2015 2016 Leasing Sweet Spot Economy Growth Political Uncertainty Federal Spending/Procurement Flight to Efficiency Demand for Office Space (Private Sector) Demand for Office Space (Public Sector) Concessions Assumptions Congress creates a spending cut agreement reducing the federal debt by $ 2 trillion over the Trend next 10 years. No impact from European debit crises or Lighter the color; less pronounced the trend Darker the color; more pronounced the trend economic recession 11 | Cresa Washington DC—DC Market Outlook/ Trends
  • 12. MARKET + BUILDING + LANDLORD = WINDOW OF OPPORTUNITY 12 | Cresa Washington DC—DC Market Outlook/ Trends
  • 13. Current Real Estate Trends for Nonprofits Reduce Real Estate Costs  Evaluating layout to reduce space size and sublease additional space  Restructuring Lease to reduce rates by extending term  Evaluating Operating Expense and Real Estate Tax Additional Costs  Reducing LAN rooms through cloud technology Increase Space Efficiency  Smaller standardized offices  More open workstations decreases square footage (“benching”)  Considering telecommuting option Increase Office Collaboration  More open workstations increases collaboration  More “teaming rooms”  Incorporating “Starbucks design” in pantry for more casual meeting area  Increased use of glass for collaboration and LEED design principals 13 | Cresa Washington DC—DC Market Outlook/ Trends
  • 14. Nonprofit Office Space Trends 14 | Cresa Washington DC—DC Market Outlook/ Trends
  • 15. Strategic Real Estate Planning 15 | Cresa Washington DC—DC Market Outlook/ Trends
  • 16. New Markets Tax Credits and Tax Exempt Bond Financing Olivia Shay-Byrne, Esq., (Partner, Reed Smith LLP) OLIVIA SHAY-BYRNE | 202.414.9370 | OSHAY@REEDSMITH.COM
  • 17. BUY VERSUS LEASE ANALYSIS
  • 18. BUY VERSUS LEASE: CONSIDERATION FACTORS THE BUSINESS’ FUTURE GOALS AND NEEDS LONG TERM CASH FLOW ANALYSIS FLEXIBILITY RELATING TO EXPANSION AND SPACE UP FRONT COSTS OPERATING EXPENSES POTENTIAL FOR ADDITIONAL REVENUE SOURCE
  • 19. ADVANTAGES TO BUYING CURRENT LOW INTEREST RATES & PROPERTY VALUES OPPORTUNITY TO BUILD EQUITY FLEXIBILITY - ABILITY TO LEASE EXTRA SPACE NO RENT INCREASES CONTROL IN OPERATION AND MANAGEMENT OF BUILDING TAX INCENTIVES POSSIBLE LONG TERM FINANCING PROFIT IF MARKET VALUE INCREASES
  • 20. BUYING REQUIREMENTS UP FRONT CAPITAL TO PURCHASE (TYPICALLY ABOUT 10 TO 20% OF TOTAL ACQUISITION) SUFFICIENT CREDIT TO SECURE FINANCING FAMILIARIZATION WITH OWNERSHIP AND/OR UNIT OWNER’S ASSOCIATION
  • 21. LEASING BENEFITS CREDITWORTHINESS IS NOT AS SIGNIFICANT. MINIMAL UPFRONT COSTS. ABILITY TO MOVE AT THE END OF THE LEASE TERM WITHOUT SELLING OR LEASING OTHER SPACE.
  • 22. DISADVANTAGES TO LEASING MINIMAL FLEXIBILITY – LANDLORDS TYPICALLY LOCK TENANTS IN FOR LONGER TERMS (10 YEARS) WITH A SIGNIFICANT EARLY TERMINATION FEE NO EQUITY BUILD UP RENTAL RATES ON CURRENT MARKET CONDITIONS WITH ANNUAL ESCALATION TENANT MAY BE REQUIRED TO MOVE AT END OF LEASE TERM.
  • 23. TAX-EXEMPT BOND FINANCING
  • 24. TAX EXEMPT BONDS MAY BE USED TO: PURCHASE A BUILDING -- may use less than all of the building RENOVATE A BUILDING -- may use less than all of the building NEW CONSTRUCTION -- MAY PURCHASE A FLOOR IN AN OFFICE CONDO
  • 25. SELECTING PROJECTS THAT QUALIFY FOR TAX EXEMPT FINANCING ELIGIBLE ASSETS TYPICALLY, TAX-EXEMPT BOND PROCEEDS ARE USED TO FUND THE COST OF: •Acquiring or constructing capital assets •Interest during construction •A debt service reserve fund •Certain costs of credit enhancement Costs of issuance funded from bond proceeds are limited to 2% of
  • 26. 1430 K STREET, NW AMERICAN EDUCATION RESEARCH ASSOCIATION TAX EXEMPT BONDS AMERICAN SOCIOLOGICAL ASSOCIATION TAX EXEMPT
  • 27. NATIONAL ASSOCIATION OF REALTORS WASHINGTON, D.C. HEADQUARTERS
  • 28. ADVANTAGES OF TAX-EXEMPT FINANCING LOWER INTEREST COST IN COMPARISON TO THE INTEREST RATE ON CONVENTIONAL DEBT AVAILABLE TO THE BORROWER. BECAUSE INVESTORS IN TAX-EXEMPT BONDS DO NOT PAY FEDERAL INCOME TAX ON INTEREST PAYMENTS RECEIVED ON THE BONDS, THESE INVESTORS ARE WILLING TO ACCEPT AN INTEREST RATE LOWER THAN THE INTEREST RATE ON COMPARABLE TAXABLE BONDS, THE INTEREST ON WHICH IS SUBJECT TO FEDERAL
  • 29. LOWER INTEREST RATE BENEFITS EQUITY PROVIDED HIGHER LEVERAGE LONGER TERM LOAN Burdens • More complex • 90 Days + • More costly
  • 31. WHO MAY TYPICALLYTAX-EXEMPT BONDS? ISSUE ISSUED BY THE STATE AND LOCAL GOVERNMENT AUTHORITIES (THE “AUTHORITY”). TO APPLY, AN ELIGIBLE ORGANIZATION MUST SUBMIT A COMPREHENSIVE APPLICATION WITH SPECIFIC INFORMATION REGARDING THE ORGANIZATION AND THE PROSPECTIVE PROJECT. THE AUTHORITY’S APPROVAL PROCESS INCLUDING TEFRA HEARING AND APPROVALS TYPICALLY TAKES ABOUT 90 DAYS.
  • 32. SELECTING PROJECTS THAT QUALIFY FOR TAX EXEMPT FINANCING QUALIFIED USE VS. PRIVATE USE SECTION 145 OF THE CODE IS THE PRIMARY FEDERAL TAX STATUTE DEALING WITH TAX-EXEMPT BONDS FOR 501(C)(3) ORGANIZATIONS. •Requires all property financed by the tax-exempt bonds to be owned by a 501(c)(3) organization or a governmental unit. •95% of the proceeds of the tax-exempt bonds be used in the exempt activities of the 501(c)(3) organization ("Qualified Use").
  • 33. NEW MARKET TAX CREDITS (“NMTC”)
  • 34. NEW MARKET TAX CREDITS UPDATE ON JANUARY 3, 2013 PRESIDENT OBAMA SIGNED THE AMERICAN TAXPAYER RELIEF ACT OF 2012 WHICH INCLUDED AN EXTENSION OF THE NEW MARKETS TAX CREDIT PROGRAM FOR 2012 AND 2013. THE TAX CREDIT ALLOCATION AUTHORITY IS $3.5 BILLION FOR EACH YEAR. THE CDFI FUND IS CURRENTLY REVIEWING APPLICATIONS RECEIVED UNDER THE 2012 ROUND AND PLANS TO ANNOUNCE THE AWARDS IN APRIL.
  • 35. NMTC PROGRAM PURPOSE: TO ATTRACT PRIVATE INVESTMENT TO PROVIDE CAPITAL FOR SPECIFIC TYPES OF FOR-PROFIT AND NON-PROFIT BUSINESSES IN LOW-INCOME, ECONOMICALLY- DISTRESSED COMMUNITIES (TARGET ZONES)
  • 36. GENERAL OVERVIEW THE NEW MARKETS TAX CREDIT PROGRAM IS DESIGNED TO: –Stimulate job creation –Encourage investment in and revitalization of low-income urban and rural communities. THE PRIMARY FINANCIAL BENEFIT OF THE PROGRAM IS A SUBSTANTIAL FEDERAL TAX CREDIT TO THE INVESTOR.
  • 37. Diagram: Example of NMTC Structure
  • 38. NMTCS: WHAT’S THE BENEFIT? 20%-25% EQUITY CONTRIBUTION BY EQUITY WHICH MAY BE FORGIVEN WITH A PUT/CALL PROVISION AFTER 7 YEARS REDUCED INTEREST RATES FLEXIBLE STRUCTURE
  • 40. WHICH PROJECTS CAN USE NMTCS? NMTC PROCEEDS CAN BE USED FOR A WIDE VARIETY OF PROJECTS: Offices Retail Mixed used projects Manufacturing plants Sporting facilities Healthcare facilities
  • 41.
  • 42. WHAT ARE THE BENEFITS FOR THE INVESTOR? NMTC INVESTOR CAN CLAIM A SIGNIFICANT TAX CREDIT CREDIT CLAIMED OVER A “SEVEN YEAR” PERIOD AS FOLLOWS: THE TOTAL TAX CREDIT IS 39% OF THE QUALIFIED EQUITY INVESTMENT (“QEI”) • 5% of the QEI is paid in Years 1-3 • 6% of the QEI is paid in Years 4-7
  • 43. WHAT ARE THE BENEFITS FOR THE BORROWER? GAP FINANCING - MAKES THE PROJECT FEASIBLE. BORROWER IS TYPICALLY REQUIRED TO PAY “INTEREST ONLY” ON LOAN PAYMENTS (7 YEARS).
  • 44. FINANCING STRUCTURE A LEVERAGE STRUCTURE INVOLVES: A LOAN FROM A LEVERAGE LENDER A CAPITAL CONTRIBUTION FROM A NMTC EQUITY INVESTOR
  • 45. “TARGET ZONE” LOW INCOME COMMUNITY (“LIC”): WHAT QUALIFIES? Location – Location – Location A CENSUS TRACT WHERE: AT LEAST 20% OF THE POPULATION IS AT OR BELOW THE POVERTY LEVEL THE AREA MEDIAN FAMILY INCOME IS NOT MORE THAN 80% OF THE STATEWIDE OR METROPOLITAN AREA INCOME, AS APPLICABLE
  • 46. EXAMPLES OF TARGET ZONES IN THE DISTRICT TARGET ZONES INCLUDE PARTS OF:  The H Street Corridor  NOMA  Pennsylvania Avenue  Baseball Stadium  Anacostia  And More!
  • 47. THANK YOU! CONTACT INFORMATION: OLIVIA SHAY-BYRNE OSHAY@REEDSMITH.C OM 202.414.9370

Notas del editor

  1. The market is looking for clarity from the federal government for both how much will it be buying and leasing.Clarity will allow companies to iron out their business plans and figure out how much space they will need.Most Likely OutlookIt is expected that political uncertainty will be a risk to the economy over the next two years.Expect there to be about 18 months before the reintroduction of federal procurement creates new demand for office space.Federal leasing funding will start to impact the market 9-12 months after the budget is established. The first groups expected to reengage the office market are advocacy/associations (with membership organizations the outlier). These groups are expected to lease smaller blocks of space 30,000 sf or less but could break big blocks of space.The big wave of law firms expatriations starts in 2015, cresting in 2017 – All things being equal, expect law firms to be more efficient with their space.There should be a direct correlation with demand in the market and how much landlords will spend/grant on concessions. As the economy creates new demand for office space, landlords will start pulling back. Expect a 6-9 month lag.Issue not addressedNext Debt Ceiling debate expected to start Feb. 2013Layoffs associated with sequestration (Government Contractors)
  2. With a resolution to spending cuts and a new debt ceiling debt on the horizon, economic uncertainty will remain much longer, pushing out any market recovery.Some markets will be more tighter than others. Submarkets of interest to lead the curveBethesda, East End CBDLaging the Curve Crystal CityEconomic Growth/Economic UncertaintyEconomy has been sluggish due to uncertainty of Federal spending.Under this scenario, a clear spending mandate that comes out with the 2013-2014 budget, creates the certainty that companies need to make real estate decisions.Federal Spending/ProcurementSpending cuts are to be addressed during the first quarter of 2013. Hopefully these will be more targeted that Sequestration.New procurement which will drive new government contracting growth will be well off historical paces (Won’t be a driving force for new office demand).Federal Government will be more efficient with space utilization (180 sf/employee will be the new norm with increased reliance on telework programs).Demand for Office Space (Private Sector)Much of the new demand for office space will be from Non-Profit/Advocacy/Lobbying groups.Technology (especially B2B, cloud computing and cyber security) will generate new demand.There will be a flight to efficiency. Over the next 5-8 years, expect 8-10% reduction in space from renewing tenants (all things else being equal).Demand for Office Space (Public/Public Like Sectors)There will be some growth from smaller contractors with specific capabilities, but over all contraction from Government Contractors.Federal Government will be more efficient, requiring less space as agency leases come due. (Current Cap levels are $50 FS in the District)Base Realignment and Closure Act of 2005 Implementation (BRAC)Big waves of move outs in 2013 and 2015:2013: 936,185 sf2014: 298,587 sf2015: 847,794 sf