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Tax extenders, omnibus legislation provides rare certainty for tax credit community

JANUARY 5, 2016 | by Michael J. Novogradac | JOURNAL OF TAX CREDITS

Key Tax Credits Extended

After months of talks and weeks of serious negotiations over tax extenders and spending, Congress struck a pair of deals less than two weeks before Christmas that provided rare midterm certitude for several tax credits:

  • The minimum 9 percent low-income housing tax credit (LIHTC) applicable percentage for federally unsubsidized developments was made permanent. However, the bill does not include a provision to establish a minimum 4 percent for LIHTC used to finance the acquisition of existing property. 

  • The new markets tax credit (NMTC) was extended five years at $3.5 billion in allocation issuance authority per year through 2019. A provision that would have indexed the NMTC for inflation was rumored to be under consideration, but did not make the final bill. 

  • The renewable energy investment tax credit (ITC) and production tax credit (PTC) were extended with gradual phase-downs.

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