According to the New Markets Tax Credit Coalition,  last week, the House and Senate were working on a tax extender agreement that may also include certain small business tax and infrastructure provisions.

Both Chambers have passed H.R. 4213, the Tax Extenders Act of 2009, which both include $5 billion in Credit authority for New Markets in 2010, and other individual and business tax provisions. In addition, the House recently passed the Small Business and Infrastructure Jobs Tax Act of 2010 (H.R. 4849) which included Alternative Minimum Tax (AMT) relief for NMTC investors on Qualified Equity Investments (QEIs) made from March 15, 2010 through January 1, 2012. This bill also included an extension of Recovery Act terms for Build America Bonds through 2013 (estimated to cost $7.5 Billion) and exemptions from AMT for interest earned on tax-exempt and other private activity bonds.

According to the NMTC Coalition, last week the House began working on an extender package for HR 4213, which contains NMTC extension and potential provisions included in the HR 4849, including Build America Bond provisions and AMT relief for New Markets. “One of the reasons for this piecemeal approach is that some of these provisions (although not NMTC) are controversial and unlikely to win approval in the Senate Finance Committee.”

We look forward to the outcomes of these votes in hopes that NMTC extensions are granted to sustain and strengthen this vital program that has provided important development resources to numerous Ohio businesses and neighborhoods. For more information, visit www.NewMarketsTaxCreditCoalition.org.

NMTC can be applied to equity investments in certified Community Development Entities (CDE). They must have a primary mission of community development through capital investment. Qualified CDEs must ensure accountability to residents of low-income communities by including community representation on a governing or advisory board. CDEs are expected to make loans and investments in businesses located in low-income communities. The Community Development Finance Institution (CDFI) Fund in the U.S. Treasury Department certifies CDEs.

CDFI Fund publishes a Notice of Allocation Availability annually for which CDEs apply for a tax credit allocation. When allocations are awarded CDEs solicit private taxpaying investors, including an individual, company or investment fund. Proceeds of the investments are used to invest in specifically defined businesses in specifically defined low income communities (LIC). A LIC is defined by census tract. Almost any business in the LIC is eligible for loans or equity investments.