Carried Interest Tax Hike Proposed to Offset AMT Fix
The House Ways and Means committee is sending a bill to the full House for a vote this week that would treat carried interest earned by real estate partnerships as ordinary income rather than as capital gains. This would mean such gains could be taxed at a rate as high as 35% rather than the current 15%.

 NAHB is asking all members to contact their representatives—and their Senators— to express their opposition to this component of the bill. Members can access NAHB’s BuilderLink to easily contact their representatives on this issue. The potential impact of this provision on real estate development is of such concern to the residential building industry that  NAHB has designated it as a Key Vote.

The bill as approved by the House Ways and Means committee is problematic because there are aspects that NAHB supports, including a one-year “patch” that would keep the Alternative Minimum Tax (AMT) from affecting middle-class taxpayers. The bill also would implement mortgage debt forgiveness legislation, as well as Private Mortgage Insurance deductibility, both measures that NAHB supports. What NAHB opposes is using the tax rate change on carried interest gain to offset the expenses of these provisions.

 

Before it becomes law, a companion bill must also pass the Senate, which thus far has shown little enthusiasm for changing the rate on carried interest in real estate transactions. No such bill has been introduced at this time, but the Senate Finance Committee does plan to focus on a solution to the AMT dilemma.

Legislative: NAHB Pushes HUD Improvements; LIHTC Modernization Delayed
  • NAHB Pushes for Improvements to HUD’s Mark-to-Market Program

    H.R. 3965, a bill that would extend HUD’s Mark-to-Market (M2M) program and enforce timely Housing Assistance Payment (HAP) subsidies, passed the House Financial Services Committee and was sent to the full House last week. If passed, it would also correct harm done in the past by HUD’s late payment of HAP subsidies. For additional details on the ways this bill would affect the current program, view this page. In addition to supporting these provisions, NAHB also is pushing for a solution to the problem of HAP subsidies that are currently going unpaid and that are yet unfunded for 2008. For a brief history of this issue, and of NAHB’s efforts to resolve it, view this page. E-mail questions to Claudia Kedda, or call her at 800-368-5242 x8352.

  • LIHTC Modernization Delayed until 2008

    NAHB learned this week that a bill that would modernize the Low Income Tax Credit Program would not be completed this year. Due to calendar constraints, the bill will continue to be drafted by the House Ways and Means Committee staff, but will not see full Committee action until 2008.

    On the Senate side, Maria Cantwell (D-WA) has taken the lead on drafting a modernization bill of her own, modeled to a large degree on the LIHTC bill from the 109th Congress. She has indicated a preference for introducing this legislation in 2007, and NAHB is providing input to the Senator’s office to aid in that effort. We also are working for the inclusion of a specific remedy for the income limits/rents problem and continue negotiations with a wide group of industry advocates to come to consensus on a solution. While the House bill was the primary target in which to move an income limits/rents fix, we remain watchful for other potential legislative vehicles.

    Another important LIHTC proposal for NAHB members saw the light of day during a Ways and Means Committee markup last week. During consideration of H.R. 3997, the Heroes Earnings Assistance and Relief Tax Act of 2007, Rep. Phil English (R-PA) proposed an amendment that would permit a service member’s basic allowance for housing to be excluded from the calculation of income when determining eligibility for LIHTC housing. The amendment was ultimately defeated, however, after Rep. English had a lively exchange with Ways and Means Committee Chairman Charlie Rangel (D-NY) on the issue. NAHB continues to advocate with members of Congress on this proposal. E-mail Greg Brown, or call him at 800-368-5242 x8421 for more information.

 

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Regulatory: HUD Proposed MIP Hike; FCC Changes Cable Rules

  • Action Alert: Proposed MIP Increase

HUD is proposing an increase in the mortgage insurance premium (MIP) for several of the key FHA multifamily mortgage insurance programs, including Section 221(d)(4). The proposal would increase the MIP from its current 45 basis points to 61 basis points. Last year, HUD tried unsuccessfully to increase the MIP from 45 to 77 basis points. That effort failed, largely because of the outpouring of opposition from industry groups and members of Congress.

 NAHB is submitting a comment letter to address this new proposal. A comment letter from industry trade groups will also be submitted. However, it is very important that HUD receive MANY letters. Please consider sending your own comment letter. This sample template may be personalized for your own use. 

The comment letters are due NOVEMBER 19th.  It is best to submit them electronically.  Instructions for electronic submittal are in the Federal Register Notice.  Some helpful tips for submitting your letter electronically:

  1. Go to www.regulations.gov
  2. Search by one criteria, Agency name.  Using the actual docket number may not work.
  3. When you locate document, click on the yellow symbol on the far right side.
  4. Your file must be in PDF format, notwithstanding instructions to the contrary.
  5. If you submit by mail, please allow extra time, as HUD does not get regular mail in a timely fashion.

For further details or questions, please e-mail Claudia Kedda, or call her at 800-368-5242 x8352. NAHB very much appreciates your support and participation in this effort.

  • FCC Changes the Rules for Cable Service

The Federal Communications Commission last week approved a rule change barring exclusive contracts for cable service in multifamily buildings. This is likely to have an impact on the way multifamily builders and developers provide cable service to individual residences. The new rule also nullifies existing exclusive cable service contracts, and allows telephone companies to provide such services. The FCC also announced a request for comment on rules that would address exclusivity for Direct Broadcast Satellite services.

While NAHB has not adopted policy concerning this issue, and cannot do so until its Board Meeting in Orlando in February, it continues to monitor the situation. For more information, e-mail A.J. Holliday, or call him at 800-368-5242 x8305.

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Economics: Grim News at NAHB’s Fall Forecast Conference – Except for Rentals
While the condo market continues to be rocky nationally — ranging from good to disastrous, depending on the region — the fundamentals of the rental market are solid, and we can look for many more renters coming through the pipeline over the next few years. Read the full story in Nation’s Building News. [return to top]
Calendar: Pillars Awards, Community Service Awards, Green Building Awards; Conferences
 

  • Pillars of the Industry Competition Entry Deadline – Nov. 9

If your company managed to produce a stellar multifamily project or media campaign in 2006 or 2007, and you want the world to see it – consider entering it into the Pillars Awards competition. Read the Call for Entries to decide on your category, and then head to the Application page. It’s easy to enter – and incredibly satisfying to win!

  • National Housing Endowment Community Service Awards – Nov. 12

Members who give back to their communities through philanthropic service work are encouraged to apply for the Endowment's Builder Achievement Awards for Outstanding Community Service. There is no fee to enter, and the endowment will provide the charities who benefitted from the eight winners with sums ranging from $1,000 to a grand prize of $10,000. To learn more, or to access the entry forms, view this page.

  • Green Building Awards Deadline – Jan. 31

If your company is building green, enter your work in NAHB's Green Building Awards competition. For more information, view this page.

  • International Builders’ Show – Feb.13-16, 2008

It’s not too early to register for the International Builders’ Show, in its final year in Orlando. See the exhibits you didn’t get to last year, as well as the many first-time exhibitors. For more information, and to register, view this page.

  • Pillars of the Industry Conference and Gala – April 1-3, 2008

    Join top-tier industry leaders at The Broadmoor resort in Colorado Springs, Colo., for an information-packed seminar program and a revamped menu of networking opportunities. It’s NAHB Multifamily’s signature annual event, and one that the industry’s most influential leaders attend. For more information, view this page.
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Resources: Free Audio Conference Call on Marketing in a Changing Economy
NAHB's National Sales and Marketing Council, in partnership with BizTools, will be hosting an audio seminar entitled "Ramp up Your Sales and Marketing in a Changing Market" on Wednesday, December 12, at 2:00 p.m. Eastern Time. This free seminar is open to all NAHB members and Home Builder Associations. To participate, you must log on to this page on NAHB's Web site. You can send any question you'd like to ask the presenters to Michael Copp, who will send them on. Don't miss the opportunity to tap into some serious professional expertise.

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November 8, 2007

 
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