New Markets Tax Credit Program

In 1993, at the First Annual Greenlining Institute Conference on Community Development, we suggested the creation of government backed venture capital funds to take first risk position in the provision of equity capital to small, minority businesses on Georgia Avenue in NW Washington, DC. This morphed into the New Markets Tax Credit program, and became a real estate development program that, without our participation or blessing, has fueled gentrification.

As promoted by the people who developed the program in the Clinton Administration, the New Markets Tax Credit (NMTC) program "was designed to increase the flow of capital to businesses and low income communities by providing a modest tax incentive to private investors." The United States Government Accountability Office (GAO) states that "The NMTC provides investors (financial institutions, individuals, corporations, etc.) with a tax credit for investing in a Community Development Entity (CDE) that, in turn, reinvests the funds in qualified low-income communities. CDEs are domestic partnerships or corporations with a primary mission of serving or providing investment capital for low-income communities or low-income persons."

Over the last 20 years, the NMTC has been claimed to be an effective, targeted and cost-efficient financing tool valued by businesses, communities and investors across the country." For low income, Black and minority communities, it has not worked. In an effort to help improve the program, we testified before the House Ways and Means Select Revenue Measures Subcommittee at a joint hearing with the Subcommittee on Domestic Monetary Policy and Technology of the Financial Services Committee concerning ways to improve the New Markets Tax Credit Program. See: https://financialservices.house.gov/media/file/hearings/111/printed%20hearings/111-47.pdf

While the NTMC Program is set to expire at the end of 2025, it will probably be extended as it was at the end of 2020.

Basics - According to the US Treasury, "Historically, low-income communities experience a lack of investment, as evidenced by vacant commercial properties, outdated manufacturing facilities, and inadequate access to education and healthcare service providers. The New Market Tax Credit Program (NMTC Program) aims to break this cycle of disinvestment by attracting the private investment necessary to reinvigorate struggling local economies.

"The NMTC Program attracts a limited set of private capital investors into low-income communities by permitting individual and corporate investors to receive a tax credit against their federal income tax in exchange for making equity investments in specialized financial intermediaries called Community Development Entities (CDEs). The credit totals 39% of the original investment amount and is claimed over a period of seven years." This has facilitated an increase in gentrification. Still, if you are seeking capital, you should be aware of this program.

Benefits of the New Markets Tax Credit Program

  • For investors - The NMTC provides investors (financial institutions, individuals, corporations, etc.) with a tax credit for investing in a Community Development Entity (CDE) that, in turn, reinvests the funds in qualified low-income communities.
  • Validity and creditability - as with VC investing, a NMTC investment signals to the market that at least one set of investors thinks the Community Development Entity recieving funds and the firms recieving funds from the CDE has value.
  • Faster growth and potential success, if you can get financing.
  • Guidance and consultation, even if you don't get financing.

NMTC capital is hard money to get, especially for women and minority firms. The perceived benefits may not be as large or impactful, either. In addition, the social and moral stance of most venture capital firm is suspect. And, they are greedy. Very Greedy. The added pressure on company investees to meet return targets may drive certain mangers to cut corners (see: Enron). Still, for certain firms, venture capital funding represents the ultimate solution to the fundraising dilemma.

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Features, Benefits, and Risks of the New Markest Tax Credit Program

The NMTC Program is an indirect community development lending program: as a Black or minority firm, you have to go thru a number of entities to obtain money. It is a long process. But, for startups and new businesses with a lot of growth potential, the program might provide the resources you need to grow quickly. There are a number of qualifications, however. If you have "a new business idea located in an eligible area, with a ready-made and eager market to buy it, but don’t have is the money necessary to develop that idea into a product you can sell to that market, at least not before competitors can, NMTC funding might allow you to quickly create and expand the business, gaining market share and brand recognition before competitors can beat you to the sale."

Location

NMTC investments are limited to certain underserved geographical areas. You need to be located in a targeted geography, which you can determine here: Enter an address or US census tract number for your project to see if it meets the NMTC Program criteria and what its Opportunity Zone designation is.

Low Chance of Getting Funded

To get a NMTC capital investment, you will need to apply via a CDFI or CDE. This is an additional step that limits the avaliability of funding. You can find a list of these entities here. List of CDFIs, CDEs, Banks and Credit Unions.

Interference on day to day operations

To make the most of their investment, CDFIs and CDE's will want the ability to direct the affairs of the company form a community involvement perspective. They will want to make sure that, as they network the company with resources, you take proper advantage of those connections. This may mean running the investment (your company) at some level.

Real Estate projects

Community "impact is one of the goals of the NMTC program, but for much of its history, an overwhelming percentage of investments were in real estate. Only through influence by the Community Development Financial Institutions (CDFI) Fund did more emphasis switch to operating businesses." It's a gentrification program....

Eligibility Criteria for NMTC

The NMTC Program requires that borrowers repay funding within seven (7) years. Another issue relates to the size of the loan you need. NMTC CDEs and CDFIs prefer large loans, another reason real estate is preferrred. Most NMTC investments start with the submission of some form of business plan or deck. This document outlines the opportunity and the market. It may contain a review of the existing and expected competition and provide detailed financial projections. You will certainly need to provide details on the management of the company.

To make the best use of this resource, we suggest you research specific CDFIs and CDEs (see our list) to find out exactly what they look for when it comes to eligibility.

Income/Annual Revenue

Venture capital firms look for potential investment that will generate MILLIONS in annual revenue.

Business Plan

Many say that "the most important condition is that you develop a winning business plan" to get funding. We disagree. Based on statistics, the most important characteristic is that you be young, male and white with a real estate project. Period.

Other Factors

As one website noted, "most venture capital firms want to see proprietary intellectual property, a large market size, management team members with expertise and experience, and a current valuation that allows for a good return on investment" and that you be young, male and white.

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Documentation

The following documents may be required:

  • Business Plan.
  • A unique business idea, well explained, preferably in an industry with high barriers to entry; show why your business is different and better than your competitors; show some market traction; have a great team.
  • Show that you have matched your firm to the right CDFI or CDE: these "have preferences that revolve around their location, industry preferences, stage of firm development preferences, partner backgrounds, other portfolio companies, and total assets held by the firm. Make sure your preferences match what venture capitalists have to offer.
  • The basics: your name (or any other name you’ve ever used), address, SSN, valid ID, etc.Your industry and date you started (or will start) your business. How you intend to use the funds. Basic Business Information and Permits - business operating address, entity type, and employer identification number (EIN).

Fees and charges

Many CDFIs and CDEs have no fees.

  • Types of fees

    Charges applicable

  • Rate of interest
    Interest rates are supposed to be lower, using the tax credit to offer advantaged financing. As one analyst indicated, "in your typical real estate deal, you can figure on a NMTC 'subsidy' equal to no less than 20 percent of your project cost (all inclusive)," but this may not be the case for your project, especially if it is not a real estate project. You will have to check with the institution.
  • (SBA) Guarantee Fee
    You can use this speadsheet to calculate the borrower guaranty fee that will be due for SBA 7(a) loans made in FY 2022 considering the loan type and existing loans made to the borrower within a 90 day period. (Your NMTC program loan may not be a 7(a) loan, but this will be a good guide.)
  • Processing Fee
    A loan processing/origination fee is a charge assessed by a lender to process your loan. For business loans, it typically amounts to about 2.5 to 3% of your total loan balance. For NMTC business loans, it depends.
  • Service Fee
    As one lender website stated, "Small-business lenders charge varying amounts for upfront fees depending on factors like the size of your loan, the length of the repayment term, your credit score and the type of business loan."
  • Prepayment Fees
    "A prepayment penalty is a fee that lenders charge you if you attempt to pay off your debt early." It will vary "depending on the size of your loan, the length of the loan, the loan repayment term, and the type of business loan."
  • Check Processing Fees
    "Usually, banks/other financial institutions charge a fee of 2.5-3% on the principal amount for processing a loan application."

Other Fees include Late Payment Fees, Closing Fees, taxes.

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Frequently Asked Questions

Minority Small Business NMTC Options.

CDFIs and CDEs have not shown any real, impactful skill in serving women or minority firms. In our financing guide, we list these CDFIS and CDEs. While we think this is a good option, remember - the problem is with the conventional financial instiutution model itself, not with the color or gender of the people who populate the firms. You're still not going to be able to get money from these firms unless you fit the lending/investing sector AND demographic they prefer.

CDFIs and CDEs targeting women and minority firms tend to be geographically focused, like most online lenders. You must conduct a comprehensive review of CDFIs and CDEs to determine if any work with women and minority businesses. If you need help, contact us.

The NMTC Program, CDFIs and CDEs represent an option for women and minority firms, but a not so good one. It's not all there fault: "From 2005 through 2008, minority-owned CDEs were successful with about 9 percent of the NMTC applications that they submitted to the CDFI Fund and received about $354 million of the $8.7 billion for which they applied, or about 4 percent. By comparison, non-minority CDEs were successful with about 27 percent of their applications and received $13.2 billion of the $89.7 billion for which they applied, or about 15 percent." Post George Floyd, the numbers got significantly better, for a little while.

The US Treasury Department via the CDFI Program. CDFI FUND HELP DESK. For all program questions and general inquiries. Phone: (202) 653-0421. Email: cdfihelp@cdfi.treas.gov.

According to the GAO,"Congress established the New Markets Tax Credit (NMTC) program as part of the Community Renewal Tax Relief Act of 2000 to encourage investors to make investments in low-income communities that traditionally lack access to capital. The NMTC program is administered by the Community Development Financial Institutions (CDFI) Fund in the Department of the Treasury which allocates tax credit authority-the amount of investment for which investors can claim a tax credit-to CDEs that apply for and obtain allocations."

Other regulators that may be relevant include the Federal Reserve, the Federal Deposit Insurance Corporation (FDIC), the Offoce of the Comptroller of the Currency (OCC), the Consumer Financial Protection Bureau (CFPB) and the US Securities and Exchange Commission (SEC).

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We have included some forms and templates you might find helpful in your search for capital.

These sample funding documents are educational in nature. You will still need to review all documents with your team and with a lawyer.

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Prepare carefully. Fulfill your dreams to lead the life you want, the way you want with a business or personal loan! Download loan forms and information now!

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