Forgiven Loan Test
The NMTC Program subsidy provided to the Borrower in the form of a Forgiven Loan.
The Forgiven Loan net proceeds must generally be between approximately $1,200,000 and $2,500,000, which require that the Borrower has between approximately $6,000,000 and $12,500,000, respectively, of (a) Prior Qualifying Expenditures; (b) Borrower equity; (c) third-party debt; or (d) grants or other subsidies.
Why is there an approximate $1,200,000 NMTC industry minimum threshold?
Answer:
Transaction costs and the amount of time to close a NMTC financing starts to begin to offset the NMTC Program subsidy of the Forgiven Loan at this particular amount of NMTC financing.
NMTC transaction costs include:
- the Allocatee’s “Sub-Allocation Fee” (which is generally approximately 4.0% of the “Sub-Allocation” to its CDE, which is facilitating the particular NMTC Financing);
- legal and accounting fees of the NMTC transaction participants; and
- other typical fees and costs associated with any other comparable type of financing.
Why is there an approximate $2,500,000 limitation?
Answer:
This approximate limitation is based on (a) the difficulties in securing multiple Allocatees (which can be difficult to coordinate for a single closing), and (b) the community impacts typically do not support a higher amount. However, Borrower can apply for and obtain additional NMTC Financing after few years of the prior NMTC Financing provide that such financial can provide additional community impacts.
Sizing of New Markets Tax Credit Financing
The following examples provide various scenarios for which sizing of the NMTC financing is determined.
EXAMPLE #1:
Assume that the Borrower has as gap in financing in the amount of $2,408,000 million and has at least $7,192,000 of Prior Qualifying Expenditures or other sources of capital.
The Borrower is able qualify for a Sub-Allocation of $10,000,000 (taking into account the $400,000 Upfront Allocation Fee, which is paid out of the proceeds of the NMTC Purchase Price provided by the Tax Credit Purchaser).
The NMTC Purchase Price would be $2,808,000 (which is product of: (x) $0.72 NMTC Purchase Price, times (y) 39% NMTC, times (2) $10,000,000 Sub-Allocation.
NMTCs, times (z) $10,000,000 Sub-Allocation
The NMTC Financing would include:
- Forgiven Loan: $2,408,000 (which is difference between: (x) $2,808,000 NMTC Purchase Price, less (y) $400,000 Sub-Allocation Fee (which is 4.0% of the $10,000,000 Sub-Allocation).
- Senior Loan: $7,192,000 (which is the amount of Prior Qualifying Expenditures and other capital and the debt service payments of which relate to the Prior Qualifying Expenditures are paid back to the Borrower).
Therefore, for every $1.00 shortfall that the Borrower is able to provided (whether Prior Qualifying Expenditures and other sources of capital), it will be able to obtain a $0.335 Forgiven Loan (which is difference between: (x) $2,408,000 Forgiven Loan divided by (y) $7,192,000 of Prior Qualifying Expenditures.
This example does not include legal, accounting, placement and other typical fees of a NMTC Financing.
EXAMPLE #2:
Assume that the Borrower has as gap in financing in the amount of $2,880,000 but only has $7,192,000 of Prior Qualifying Expenditures or other sources of capital (similar to Example 1).
Although the Borrower is able qualify for a NMTC Allocation of $10,000,000 (taking into account the $400,000 Sub-Allocation Fee, which is paid out of the proceeds of the NMTC Purchase Price provided by the Tax Credit Purchaser), the Borrower would still have a short fall of $480,000 (which is the difference between: (x) $2,880,000 shortfall, less (y) $2,408,000 Forgiven Loan (which can be funded with its $7,192,000 of Prior Qualifying Expenditures and other sources of capital, as in Example 1).
If the Borrower is able to secure an additional $359,600 of other financing (whether owner equity, debt or grants), it will then be able to secure a $10,500,000 Sub-Allocation.
The NMTC Purchase Price would be $2,948,400 (which is the product of: (x) the $0.72 NMTC Purchase Price, times (y) 39% NMTCs, times (z) $10,500,000 Sub-Allocation).
The NMTC Financing would include:
- Forgiven Loan: $2,528,400 (which is the difference between: (x) $2,948,400 NMTC Purchase Price, less (y) $420,000 Sub-Allocation Fee (which is 4.0% of the $10,500,000 Sub-Allocation).
- First Senior Loan: $7,192,000 (which is similar to Example 1).
- Second Senior Loan: $359,600 (which is the difference of: (w) $10,500,000 Sub-Allocation, less (x) $2,528,000 Forgiven Loan, less (y) $1,192,000 First Senior Loan), less (z) $420,000 Sub-Allocation Fee).
Therefore, for every $1.00 shortfall that the Borrower is able to provide (whether Prior Qualifying Expenditures and other sources of capital, it will be able to obtain a $0.335 Forgiven Loan (which is the sum of: (x) $2,528,400 divided by (y) the sum of (i) $7,192,000 (similar to Example 1), plus (ii) $359,600 (additional sources of capital):
This example does not include legal, accounting, placement and other typical fees of a NMTC Financing.