Jun 6

Last updated: June 4, 2009  12:25pm
New Tax Credit Strategies Possible

By Erika Morphy

WASHINGTON, DC-For the last nine months or more the use of tax credits to help finance development, namely New Markets Tax Credits and Low Income Housing Tax Credits, have been characterized by the following: The capital markets crunch has prompted more developers to look anew at these tools as good alternatives to bridging gaps in financing for projects. At the same time, the recession has significantly narrowed the option, by killing the demand for such credits. After all, banks have little need for tax credits when they are not making a profit against which to offset them.
There are signs, though, that this situation is about to change thanks to government measures, starting with the American Recovery and Reinvestment Act that passed in February. Included in that legislation was a clause that allows states to use these funds to cash in unused Low Income Housing Tax Credits.

Developers then will receive grants in lieu of, or in addition, to the tax credit program. As states receive stimulus funds, many housing agencies are now putting in place new tax credit programs based around grants instead of LIHTCs.

“This has been a big focus for developers and states – how to administer the grant program,” Greg Dahlgren, an attorney with DLA Piper’s Real Estate practice, tells GlobeSt.com. “Every state is coming up with its own program on how to use those grants.” He says the preference for many appears to be a combination of grants and credit, so there is some equity investment in the deal.

The need for grants instead of credits is clear: buyers of these credits have all but disappeared from many, but not all, markets. Besides the banks, Fannie Mae and Freddie Mac were key purchasers; they have all but ceased such operations.

“We do have some syndicated clients that have investors they work with, some mid sized banks that haven’t been touched the economic crisis, they are still making money and LIHTC satisfy community investment requirements,” Dahlgren says. “But the market is not good and prices are very down.”

This is not to say deals are completely dead. Tom Sestanovich, partner at Ervin Cohen & Jessup’s Real Estate Department, tells GlobeSt.com that LIHTC usage in California is still active. “The market and the prices change every day. There is still demand for these credits.”

A separate but related category are New Markets Tax Credits, which cannot be used for large scale residential projects, essentially if 80% or more of the income from a project comes from housing NMTC cannot be used, Lee Sheller, also a partner at DLA Piper, tells GlobeSt.com.

NMTC have garnered more interest from developers since the start of the crisis but paradoxically from a practical sense they have only been used by the strongest of developers, he explains. As it LIHTC it has been more difficult to tap outside investors for these projects. So developers have had to kick in more money themselves if they wanted to leverage these credits, typically structuring it as a loan to the investment fund that lends to the project, rather or in addition to taking an equity position in the deal.

At the end of May, though, the Treasury Department announced $1.5 billion in New Markets Tax Credit awards for 32 organizations throughout the country, awards that should ease some of the constraints for developers. The awardees announced in May are planning investments in renewable energy projects, charter schools, health care facilities, manufacturing companies and retail centers. Enterprise Community Investment in Columbia, MD, for instance, received $95 million in NMTC authority from Treasury last month. It will be using its new allocation to create a fund for sustainable commercial development.

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Jun 19

Commercial Real Estate transactions

12:00 AM CDT on Friday, June 19, 2009

Real estate editor Steve Brown compiles this list.

Sales

Equity Based Services Inc. bought self-storage properties in Arlington at 5500 U.S. Highway 287 and at 1800 Sublett Road.

General Datatech LP purchased 999 Metromedia Place, a 69,552-square-foot industrial building in Dallas, from Metromedia Investments LLC. Greg Cannon and Ward Richmond of Transwestern arranged the sale with David Cooke of Stream Realty Partners.

Shake the Nations purchased a 3,400-square-foot property at 1818 Storey Lane in Dallas. Eric Morgan of Capstone Commercial negotiated the sale.

Anvil International leased 218,000 square feet of space for a regional distribution center in Proterra Properties’ Valley View Business Center Four at FAA Boulevard and Valley View Lane in Irving. Gary Lindsey of Grubb & Ellis Co. negotiated the lease with Dan Lawson of Proterra.

Hilex-Poly Co. leased 126,882 square feet of industrial space at 1440 LeMay Drive in Carrollton. Conrad Madsen and Greg Nelson of Lee & Associates negotiated the lease with Jacob Milligan of Prologis.

Oilfield Equipment Rental Co. leased a 45,000-square-foot office and industrial building at 1001 Blue Mound Road in Blue Mound. Pete Richardson and Drew Richardson of Henry S. Miller Brokerage negotiated the lease.

Qual X Serv LLC leased 14,513 square feet of office and warehouse space at 1421 Champion Drive in Carrollton. John Lancaster of NAI Robert Lynn Co. negotiated the lease with Gary Lindsey of Grubb & Ellis Co.

Travel Group LLC, a global travel management company, leased 12,012 square feet of space for its headquarters from KBS Realty Advisors. The space is in Gateway Tower at the intersection of the LBJ Freeway and North Central Expressway in Dallas. Chris Morrow and Cody Crossman of FinleyMorrow handled lease negotiations with Kim Brooks and Fletcher Cordell of Transwestern.

Studio 22 Dance Studio leased 6,181 square feet of space at Pepper Square Shopping Center at the southeast corner of Preston and Belt Line roads in Dallas. Henry S. Miller IV of Henry S. Miller Brokerage negotiated the lease with Nathan Denton of Lee & Associates.

Real estate editor Steve Brown compiles this list.

stevebrown@dallasnews.com

Jun 19
Survey: Overseas Buyers Will Be Back in the USA
Fetgatter

WASHINGTON, DC-The confidence level of overseas investors has gotten a boost in the past six months, according to the first-ever mid-year survey from the Association of Foreign Investors in Real Estate. More than two-thirds of respondents to the survey, conducted among the association’s nearly 200 members and released on Wednesday, say they plan to invest some debt or equity in US real estate before 2009 is over, although about 75% have not yet done so this year.

Foreign real estate investors say they expect to see a recovery in the US real estate market by the end of the second quarter in 2010, the survey says. AFIRE chief executive James Fetgatter tells GlobeSt.com that expectation dovetails with investors’ outlook for the remainder of ’09.

“If they assume that the recovery will begin in the second quarter of next year, then logically they would start to start pooling their money this year,” especially if they want to get a jump on some attractive prices, Fetgatter says. “There is capital sitting on the sidelines–apparently quite a bit.” How much of that foreign capital will actually be spent in the US would be “speculation” at this point, though.

 

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Certainly, a high-profile example of foreign capital coming back into US real estate was the acquisition earlier this month of AIG headquarters at 70 Pine St. and 72 Wall St. in Lower Manhattan by Korea-based Kumho Investment Bank. “Koreans have been looking around for the past year or so,” says Fetgatter. “As far as I know, this is the biggest acquisition that they’ve made.” He adds that a change in Korean law last year has made it easier for Koreans to take capital out of the country.

While Fetgatter says it’s too soon to say whether the 70 Pine deal will soon be followed by high-profile purchases from other nationalities, the sale illustrates a longstanding point. “When there’s capital that wants to go across borders, the US is the logical first place to look,” he says.

On the debt side, survey respondents say they expect to invest three times more than their current investment levels year-to-date. Equity investors expect to place seven times more than current YTD investments, the survey says.

The upswing in planned activity is coupled with a growing optimism in respondents’ investment projections. Thirty-one percent said they were more optimistic than at the beginning of the year; 16% said they were more pessimistic and 53% said they felt about the same as they did in January.

Investors’ ranking of the three cities they expect to recover first, and thus the top three markets for their investment dollars–Washington, DC, New York City and San Francisco–has not changed since AFIRE conducted its 2008 Annual Survey, released last January. However, their conviction has deepened over the past six months that the nation’s capital is the place to be. “Twice as many respondents named Washington as their city of choice over second-place New York,” Fetgatter says.

Rounding out the top five were Boston, which has not appeared among investors’ top five cities since 2001, and Los Angeles. Fetgatter suggests that one factor in Boston’s long absence was the disruption caused by the Big Dig, and that infrastructure mega-project’s completion may have given foreign investors an all-clear sign. However, he adds, “Boston has been in and out of the top five over the 15 years that we’ve been doing the survey. It’s a 24-hour city, a coastal city, which is what they like.”

Survey respondents also say that the office sector would recover first, followed by multifamily and industrial. This marks a shift in investor perception from the results of the January survey, in which respondents ranked multifamily over office buildings as the preferred property type. “They’re primarily office investors,” Fegatter explains. “Half their portfolio worldwide is office buildings. So that’s almost their default preference, except in times when they may perceive that it’s overpriced,” as may have been the case last year.

This year, they may sense that “there will be some discounting,” says Fetgatter. “If they have an opportunity to buy some really nice office buildings at a good price, they will do that, as opposed to multifamily.”