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Low-Income Housing Tax Credit (LIHTC): Definition, Benefits, and Examples

Last updated 04/11/2024 by

Bamigbola Paul

Edited by

Fact checked by

Summary:
The Low-Income Housing Tax Credit (LIHTC) incentivizes developers to build, purchase, or renovate housing for low-income individuals. It offers federal tax credits, reducing developers’ tax liabilities. LIHTC projects must maintain affordable rents for a specified period. The program has created millions of affordable housing units since its inception. Prospective tenants must meet income eligibility criteria. Low-income housing differs from affordable housing. While HUD provides housing subsidies, availability may vary.

What is the Low-Income Housing Tax Credit (LIHTC)?

The Low-Income Housing Tax Credit (LIHTC) is a federal program established by the Tax Reform Act of 1986 to stimulate the development of affordable housing for low and middle-income families. Through LIHTC, developers receive tax credits for building, purchasing, or rehabilitating housing units designated for individuals and families with low incomes.

Types of LIHTC Credits

There are two main types of LIHTC credits:
  • 9% credit: This credit is available for projects without other government subsidies. It covers nearly all of the project’s qualified costs and is applied over a ten-year period.
  • 4% credit: Developers can combine this credit with other tax credits. Like the 9% credit, it’s applied over ten years.
These credits are instrumental in making affordable housing projects financially viable for developers.

How LIHTC works

The federal government allocates LIHTC to each state, which then distributes them to developers. However, demand for LIHTC often exceeds supply, leading to a competitive application process.
Developers must adhere to strict guidelines to qualify for LIHTC, including:
  • Meeting specific income levels for tenants
  • Maintaining affordable rents
  • Committing to rent to low-income tenants for a designated period, typically 15 years
These requirements ensure that LIHTC properties remain affordable for the target population.
Pros and Cons of Low-Income Housing Tax Credit (LIHTC)
Here are the advantages and disadvantages of LIHTC:
Pros
  • Encourages the development of affordable housing
  • Provides tax credits to developers, reducing their tax liabilities
  • Creates millions of affordable housing units
  • Stimulates community development and job creation
  • Improves quality of life for low-income individuals and families
Cons
  • Competitive application process, with more demand than available credits
  • Complex eligibility requirements, requiring developers to adhere to strict guidelines
  • Potential for properties to become unaffordable after the initial affordability period
  • May not fully address the growing demand for affordable housing
  • Requires ongoing monitoring and compliance to ensure affordability

How to qualify for LIHTC

To qualify for LIHTC, developers must ensure their projects meet one of three income tests:
  1. At least 20% of units are rented to individuals earning no more than 50% of the local median income.
  2. At least 40% of units are leased to tenants earning no more than 60% of the area’s median income.
  3. At least 40% of units are rented to tenants earning no more than 60% of the area’s median income, with none rented to tenants earning more than 80% of the median income.
Developers must also commit to maintaining these income requirements for 15 years.

The role of state agencies in LIHTC allocation

State agencies play a crucial role in allocating LIHTC credits:
  • Application process: Developers submit applications to state agencies outlining their proposed affordable housing projects.
  • Scoring criteria: State agencies evaluate applications based on criteria such as project feasibility, community impact, and tenant income targeting.
  • Credit allocation: State agencies allocate LIHTC credits to selected developers, prioritizing projects that address local housing needs.

Conclusion

The Low-Income Housing Tax Credit (LIHTC) is a vital tool in addressing the affordable housing crisis in the United States. By incentivizing developers to create affordable housing options, LIHTC contributes to community development, job creation, and improved quality of life for low-income individuals and families. State agencies play a crucial role in allocating LIHTC credits, ensuring that projects meet stringent eligibility requirements and address local housing needs. As the demand for affordable housing continues to grow, LIHTC remains a cornerstone of federal housing policy, helping to bridge the gap between housing supply and demand.

Frequently asked questions

What are the income limits for LIHTC eligibility?

Income limits for LIHTC eligibility vary depending on the area’s median income and family size. Generally, tenants must earn below a certain percentage of the area median income to qualify for LIHTC housing.

How long does LIHTC affordability restrictions last?

LIHTC affordability restrictions typically last for 15 years. During this period, developers must maintain affordable rents and adhere to income eligibility requirements. After 15 years, properties may transition to market-rate rents unless additional agreements are in place.

Can LIHTC properties convert to market-rate housing?

After the initial affordability period, LIHTC properties may convert to market-rate housing, potentially leading to rent increases. However, developers may choose to renew affordability agreements or pursue other affordable housing initiatives to maintain affordability.

What happens if LIHTC properties fail to meet income requirements?

If LIHTC properties fail to meet income requirements during the affordability period, developers may face penalties or lose tax credits. State agencies monitor compliance and may intervene to ensure that properties remain affordable for eligible tenants.

Are there alternatives to LIHTC for affordable housing development?

While LIHTC is a prominent tool for affordable housing development, there are alternative programs and financing options available. These may include federal grants, low-income housing grants, housing trust funds, and public-private partnerships aimed at addressing affordable housing needs.

Key takeaways

  • The Low-Income Housing Tax Credit (LIHTC) incentivizes developers to create affordable housing for low-income individuals and families.
  • LIHTC offers tax credits to developers, reducing their tax liabilities.
  • Developers must adhere to strict eligibility requirements and commit to maintaining affordable rents for a designated period.
  • LIHTC has created millions of affordable housing units since its inception.

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