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Action Still Needed on Carried Interest Issue
Legislation (H.R. 2834) has been introduced in the House and is expected in the Senate that would tax the return on all carried interests allocable to a partnership as ordinary income rather than capital gains. This includes the carried interest held by general partners in real estate investment partnerships, which means this legislation would have significant negative impacts on our industry—and if you use these type of partnerships—on your company’s bottom line.
Under present law, capital gain income generated by carried interest in a partnership is subject to a tax rate of 15%. If the proposed law were to be enacted, such carried interests would be characterized as ordinary income subject to tax rates up to 35%.
Read NAHB’s sample letter, which explains why this bill will have a negative impact on the multifamily segment of the industry. Then contact your legislators, as well as the members of the House Ways and Means committee, who are considering the bill.
The best ways to educate legislators on this issue, in order of effectiveness, are:
- If you know legislators personally — either those who represent you or those in districts in which you do business — call and discuss the issue with them. (E-mail Multifamily to let us know who you contacted.)
- Write a letter: The gold standard for communication to legislators is a hard-copy letter, on letterhead, from a constituent or a company doing business in the Member’s district. NAHB staff has prepared a sample letter, which you can print out on letterhead and adapt to include personal comments. Please have all of your officers, directors and key associates send letters as well. (Again, let Multifamily know who you contacted.)
- An electronic letter, sent through a service such as NAHB’s BuilderLink. Log onto the BuilderLink site and fill in the Registration section (so that the service can identify your legislators) and click on the sample letter concerning this issue. BuilderLink automatically records your contact.
For more information on this issue, e-mail NAHB Tax Counsel Rob Dietz.
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Legislative: Flood Insurance; Affordable Housing Trust Fund; Labor Appropriation
- House Panel Approves Flood Insurance Bill
The House Financial Services Committee this week approved H.R. 3121, the Flood Insurance Reform and Modernization Act of 2007. The bill would reform the National Flood Insurance Program (NFIP), and, for the first time, include coverage for wind in addition to water damage. As in previous NFIP reform efforts, NAHB has taken an active stance cautioning Congress against the unintended consequences of several policy changes while supporting efforts to ensure the financial stability of the program. Of note to home builders, the bill does not expand the Special Flood Hazard Area to encompass the 500-year floodplain or include mandatory purchase requirements for properties sited behind flood protection structures. After defeating several attempts to include these provisions in previous Congresses, NAHB is pleased neither were included in H.R. 3121.
While the base NFIP reform bill has been the focus of much legislative attention over the past several years, the addition of the wind coverage split the committee along party lines. Rep. Gene Taylor (D-Miss.), who lost his home in Hurricane Katrina, said this provision would help residents who live in coastal areas. However, many Republicans on the committee expressed concern about adding wind coverage to the legislation because it would expose the federal government to steep liability at a time when the insurance fund is essentially bankrupt. The bill is expected to go to the House floor in September. For more information, e-mail Scott Meyer or call him at 800-368-5242 x8144.
- NAHB Speaks to Affordable Housing Trust Fund Issue
NAHB has issued a statement concerning H.R. 2895, the National Affordable Housing Trust Fund Act of 2007. It will be marked up in the House Financial Services committee next week. NAHB has issued a statement indicating its support for the bill, and identifying areas which might benefit from enhancement and improvement. View the statement at this link.
- House-Passed Labor Funding Bill Headed for a Veto
The House last week passed the fiscal 2008 Labor, Health and Human Services and Education Appropriations bill, H.R. 3043, by a vote of 276 to 140, moving activity on the labor bill to the Senate and clearing the way for House consideration of the HUD appropriations bill. The fiscal 2008 labor bill funds priorities such as Job Corps, the nation’s key vocational training program for disadvantaged youth, and Occupational Safety and Health Administration enforcement and compliance activities.
Ultimately, the President is expected to veto the Labor appropriations bill because it exceeds the spending levels he set out in his fiscal 2008 budget. Currently, the House legislation provides for $151.7 billion in discretionary spending, $7.1 billion above fiscal 2007 levels and $10.8 billion more than the White House requested in its budget. To view the Labor appropriations bill, click here and type H.R. 3043 in the box in the center screen. Read the full story in Nation’s Building News. For more information, e-mail Jenna Hamilton at NAHB or call her at 800-368-5242 x8407.
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Regulatory: Affordable Housing Preservation; 2350 Previous Participation; FHL Bank Board
- OAHP Announces Green Initiative for Mark-to-Market Program
Earlier this week, Ted Toon, the Deputy Asst. Secretary of the Office of Affordable Housing Preservation (OAHP) announced the launch of a green building initiative for affordable housing projects entering or already part of the Mark-to-Market (M2M) program. Under this initiative, the owner makes a minimum commitment to certain Green improvements and agrees to implement a Green Operating & Maintenance (O&M) plan for the term of the Use Agreement, and OAHP classifies Green rehab and improvements as Significant Additions, thereby reducing the owner's contribution from 20% to as little as 3%
For the full outline of the initiative, view this link.
- New Guidance on 2530 Previous Participation Certification
HUD has issued a memorandum detailing new guidance that has reduced the amount of information that is required to be submitted from limited liability corporate investors participating in the Low-Income Housing Tax Credit program. HUD field offices no longer need to obtain and review the contents of all investment contracts with LLCI entities, including the contracts of each LLCI within the organization that holds any interest greater than 24% of the ownership entity, before determining whether an entity qualified as an LLCI under the Act. Investors now need only to be certified by the owner as an “investor with limited or no control over routine property operations or HUD regulatory and/or contract compliance.”
Click to view an Interim Operating FO Guide, and an Interim Operating LLCI Guide. For more information, e-mail Claudia Kedda or call her at 800-368-5242 x8352
- Federal Home Loan Bank Looks for Potential Directors
The deadline to apply to be a Public Interest Director at a FHLBank Board is Aug. 15. NAHB has established a process for assisting our members who wish to apply, but time is short. Anyone with an interest in applying for such a job should fill out the standard eligibility form (which can be found in the last portion of the document displayed at this link) and either e-mail NAHB’s Donna Ely, or call her at 800-368-5242 x 8529, for some expert help.
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Association News: Green Building Conference Proposals Due August 10
With planning for the 10th Annual NAHB National Green Building Conference now under way, conference organizers are seeking candidates to conduct seminars and educational sessions during the three-day event. The deadline for proposal submissions is August 10, 2007. The conference will be held May 11 to 13, 2008, in New Orleans.
Almost 1,100 attendees filled classrooms at the 2007 conference, which was held in St. Louis, in March, and more are expected at next year’s sessions. The annual NAHB event is the only national conference targeted to green home building for the mainstream residential building industry. Presenters are being sought to address single-family and multifamily builders, remodelers, land developers, engineers, architects, planners, public officials and environmental activists. Prospective speakers should describe their professional proficiency in areas such as energy efficiency, water conservation, indoor air quality, waste management, design and low-impact development.
All proposals are evaluated based on relevance to green building, the timeliness of the topic and its practical application and the speaker’s qualifications. Interested candidates can submit proposals online at this link.
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Calendar: Pillars Awards; HCG Issues Forum; Fall Board; Sunbelt Builders' Show; IBS
- Pillars of the Industry Awards Entries Open — Aug. 15
Enter your firm's wonderful development, great marketing, or individual achievement in the multifamily industry's most prestigious awards competition. Expect an announcement and a Web site link by August 15.
- Housing Credit Group Issues Forum — Sept. 5
“Clearing the Hurdles to Affordable Housing” is the theme for this year’s Issues Forum, to be held in Seattle in conjunction with NAHB’s Fall Board of Directors meeting. Expert speakers will address NIMBY attitudes and other concerns that can be a barrier to affordable housing. Anyone working with the Low Income Housing Tax Credit to build or finance affordable housing can learn strategies for clearing these hurdles and moving projects forward.
Members of NAHB's Housing Credit Group receive discounted registration to this event. For more information about HCG membership, please visit http://www.nahb.org/hcg and join today! To register online for the Issues Forum, visit this page.
- NAHB’s Fall Board of Directors Meeting – Sept. 5-8
This fall’s board meeting in Seattle includes a multifamily reception, sponsored by Whirlpool, and opportunities to meet and network with West Coast builders. An added plus: a list of great restaurants prepared by Sam Anderson, the EO of the Master Builders Association of King & Snohomish Counties. Go online and register to attend.
- Sunbelt Builder’s Show, Featuring Multifamily Speakers — Sept. 27-29
The 2007 Sunbelt Builders Show™ will be held September 27–29 at the Gaylord Texan Resort & Convention Center in Grapevine, Texas/DFW. This year’s Show features two events designed specifically for the multifamily development community. Start with an entertaining and valuable session on winning designs by Pillars Award-winners Stephanie Moore of Moore Design Group and Ron Harwick of James, Harwick + Partners Inc. These Dallas-based leaders in the multifamily industry will be sharing their wealth of design knowledge and experience. Don’t miss it on Thursday, September 27.
Then join colleagues for Sunbelt’s “Higher Densities, Higher Profits” Luncheon. Learn about innovative development solutions and marketing techniques from an expert, Spencer Stuart Jr. of Pillars Award-winning Legacy Partners Residential Development Inc. And don’t forget to visit NAHB’s Multifamily Council booth on the trade show floor! To register for the Show and for more information, please go to http://www.sunbeltbuildersshow.com/.
- International Builders’ Show in Orlando — Feb. 13-16, 2008
Early Builders’ Show information and online registration are now available. The closest hotels fill up first, so register, and reserve your spot soon!
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Resource: NAHB’s Quick Issues Index – for Members Only
NAHB members who are logged in to our Web site can access the new Quick Issues Index, which gives brief summaries of the issues our Advocacy staff is working on.
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or to contact us directly, please visit www.nahb.org
l ©2007, National Association
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