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TAX CREDIT CORNER


forest park

Above: Washington Avenue Building.


University Lofts Apartments: Using the Affordable Housing Assistance Program to Revive Washington Avenue

By Paul N. Tice

The State of Missouri has multiple tax credit programs to provide incentives for investments and charitable contributions to approved projects. This regular column will feature examples of how the various Missouri state tax credit programs benefit the State, generally, and St. Louis in particular.

Washington Avenue in Downtown St. Louis is at the beginning of a revival. That revival is happening, in part, because artists have been attracted as pioneer residents, and because developers are accessing the myriad of tax credit programs that Missouri makes available as incentives for such redevelopments. University Lofts Apartments is one such project.

University Lofts is located in the Washington Avenue historic district at 1627 Washington Avenue. This eight-story, 60,000-square-foot warehouse was converted into 26 apartment units, on floors two through eight, with a restaurant and the Desmond Lee Art Gallery of the Washington University School of Art on the first floor. The project has been such a success that all of the apartments were leased before the building opened in January.

This project was a unique collaboration between the Regional Housing and Community Development Alliance (RHCDA), Bank of America and Washington University, involving one of the last downtown properties owned by Washington University. They, like many other developers in the district, used Certified Historic Rehabilitation Credits to help pay the tremendous cost associated with rehabilitating a historic building. In addition, the University Lofts Apartments benefited from the Missouri Low-Income Housing Tax Credit and the Affordable Housing Assistance Program (AHAP) Tax Credit.

It's the use of AHAP tax credits that made the project's financing so unique, by closing the final financing gap, keeping Washington University involved in the project, and transforming a deteriorating building into a community asset. Eleven million dollars worth of AHAP credits are available each year with a pre-project limit of one million dollars. All of the available AHAP tax credits have been allocated over the past several years so the application process is very competitive.

The AHAP tax credit program allows the Missouri Housing Development Commission (MHDC) to allocate tax credits to nonprofit applicants that sponsor affordable housing developments. If a qualified donor makes a donation of cash, real estate or valued services to the nonprofit sponsor of an AHAP-assisted project, then the donor can receive Missouri tax credits equal to 55% of the donation. This benefit is in addition to the charitable deduction the donor receives for the gift. A qualified donor is a tax paying "business firm," which includes corporations, partnerships, limited liability companies and individuals with business income.

Once an AHAP application is approved and a reservation letter issued, and upon receiving evidence of the donation, the MHDC will then issue a tax credit certificate to the donor. This certificate can be used to offset bank and other financial institution taxes, gross premium taxes on insurance companies, franchise taxes, income taxes, and the annual tax on gross receipts of express companies.

If taxpayers decide not to apply the credits against their own tax liabilities they can sell the tax credits to qualified Missouri taxpayers.

A project receiving an allocation of AHAP tax credits must agree to restrict the rents of a certain number of its units in relationship to the AHAP donation to the project's total development cost and agree to rent to tenants whose income is less than 50% of the area median income. This obligation lasts for 10 years and is reflected in a land use restriction agreement recorded against the property.

The AHAP nonprofit sponsor in the University Lofts Apartments redevelopment was RHCDA. RHCDA received an allocation of AHAP tax credits from the MHDC in exchange for having some of the units rent restricted for tenants whose income was below 50% of the area median income. Washington University donated the building and additional land being used as the project's parking lot. For their donation, Washington University received AHAP tax credits equal to 55% of their donation. Because Washington University decided not to use the tax credits, it sold them to another Missouri taxpayer. The proceeds from the tax credit sale were then returned by Washington University to the University Lofts Apartments redevelopment. Specifically, the money was spent to create the Desmond Lee Art Gallery, to rent one apartment unit for a visiting Art School professor and an art workshop in the basement, to be used for the tenants future Art School students and area children.

The Bank of America, and its Community Development Corporation, purchased the Federal and State historic tax credit and Federal and State low-income housing tax credits, in addition to providing the first mortgage debt financing.

The AHAP tax credits provided a source of funds to create special affordable housing, helped to give additional life to a resurging historic district, and helped to build an art gallery and an art workshop.

People interested in finding out more about how the AHAP tax credit program can help finance a project may contact Jane Anderson, Program Administrator, at Missouri Housing Development Commission, 3425 Broadway, Kansas City, MO 64111, (816/759-6662).
 
Paul N. Tice is a principle of DFC Group Inc., tax credit consultants to the Firstar Tax Credit Clearinghouse.


 

 

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