[quote author="EvaLSeraphim" date=1256208488][quote author="Mcdonna1980" date=1256205212]Yes, and those 4-9% credits are available every year for 10 years. If you get a 9% credit you would recoup 90% of your cost to build the affordable project. Tell me how recouping 90% of your costs is not a aggressive tax advantage? It's certainly not without headaches, though. There is a ton of compliance to meet, hoops to jump through, and California has limits on how much they can dish out in credits each year.
I'm not trying to make a case against or for affordable housing. I was just annoyed that so many here were whining about poor people are getting a break from the government when clearly well off people are getting their share of the tax dollars too.</blockquote>
As I understand it (and I very well may be wrong), the developer of the project <em>sells</em> their tax credits to a company that needs tax credits and then uses that money to fund, in part, the project. It struck me as a racket the first time I heard it, but I guess it works.</blockquote>
Seraphim is correct. Here is the very brief description of the complicated federal tax credit program from the website of the CA Tax Credit Allocation Committee (TCAC):
"For 2009, each state has an annual housing credit ceiling of $2.30 per capita for 9% Low Income Housing Tax Credits. In addition, States may qualify for a pro rata share of credits available annually in a national pool comprised of states' unused credits. Also, any credits returned to a state from a credit recipient may be allocated to new projects. From the total ceiling amount available to California, the Committee allocates credit amounts based upon assessments of eligible project costs, as defined by IRC Section 42. The housing sponsor uses or sells ten times the allocation amount, since investors can take the annual credit each year for a ten-year period. Although the credit is taken over a ten-year period, the Internal Revenue Code requires that the project remain in compliance for at least 30 years."
And, again, I have to stress that the primary players on the development side here are non-profit agencies. I'm assuming that's who you are referring to when you mention "clearly well off people". Except, the management of these non-profits make salaries commensurate with their peers at other large non-profit agencies across the country. They also cannot make any commissions or bonuses from anything their agencies do with any of their developments. They make a salary and get the same benefits as the other employees. You can check Guidestar.org to see the IRS 990 Forms that all non-profits are required to file. These forms show the salaries and benefits earned by the top 5 employees of any non-profit (that part is usually a few pages into an average sized 990 form).
The investors who provide the capital raised with these tax credit incentives make a relatively modest return on their investment. Obviously they wouldn't invest if they didn't make something, but if people were getting rich off of affordable development, I'm sure the yahoos at Goldman Sachs or Lehmann Brothers would have jumped on that bandwagon long ago.
As a side note, Orange County is traditionally a weak player in the tax credit rounds each year. Through most of the 1990's, there were almost no O.C. projects applying for tax credits. Even in the 2000's, O.C. had a very weak showing. Areas like L.A., the Bay Area, SD and some rural areas in the Central Valley and up north (due to some big farmworker housing projects) have really been the biggest recipients of tax credit allocations in the last 15 years or so.