Dividends and Housing

March 31, 2003 at 07:00 PM
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Some critics have charged that President Bush's proposal to end the tax on stock dividends would benefit the "haves" in America more than the "have-nots." One consequence of that proposal could directly impact the living conditions of many have-nots. Nearly all of the 1.5 million rental units built for low-income residents in the past 15 years were made possible by the Low-Income Housing Tax Credit program, which uses tax credits to entice corporations to invest in affordable housing. The federal government grants tax credits to states, the states divvy up the credits among housing developers, and the developers, in turn, sell the credits at a slight discount to corporations looking to limit their tax exposures. Armed with the cash from the sale of the credits, the developers then build apartments for low-income residents.

The program "has been a remarkably efficient mechanism for raising private sector equity for the development of low-income housing, attracting approximately $6 billion of investor capital and creating well over 100,000 affordable housing rental units each year," according to an Ernst & Young study commissioned by the Washington, D.C.-based National Council of State Housing Agencies (NCSHA).

But the Bush tax plan could change all that. If the tax on dividends is eliminated, corporations are likely to forgo the purchase of tax credits in favor of maximizing the distribution of tax-free dividends to shareholders. "The shareholders could receive the benefit of tax-free dividends only if corporations had already paid taxes on their income," explains Kim Shaffer, spokesperson for the National Low-Income Housing Coalition (NLIHC), based in Washington, D.C. "If the corporation had instead invested in tax credits, it would have less ability to provide the benefits of tax-free dividends for its shareholders."

As a result, reports the NCSHA study, private investment in the low-income housing tax credit program could fall by as much as 35%, or $1.1 billion, resulting in 40,000 fewer affordable rental units each year. "We're very concerned about this," says Shaffer.

However, if corporations back away from the low-income housing tax credit market, the credits are likely to become more readily available to high-net-worth individuals through limited partnerships, says advisor Terry Balding, of Terry Balding & Associates in Sun Prairie, Wisconsin. "The sales [of the tax credits] to corporations have been so easy that most of the people forming the partnerships have sold to corporations and not bothered to offer them to the individual," he says. "The market [for individuals] would definitely improve."

Balding, who last put client money into such a partnership a decade ago, says he might consider getting back in the game if the tax credit market for individual investors does improve. For the moment, however, the challenges of researching the complicated partnerships and the difficulty of knowing which companies to trust will keep him on the sidelines. "There was a time when you could pick a name of a trusted company and be okay, but that's very difficult to do today," he says; many such companies have gotten out of the limited partnership business, and some of the other "trusted companies" have turned out not to be so trustworthy after all." I'm far more gun-shy about this now than I was 10 years ago," he says. "Even if all the pieces are there, if the general partner doesn't do the job properly, everybody loses–except the general partner, of course. And that leaves the investor and advisor in a real tough spot."

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