Tax-Increment Financing Partners for Economic Solutions April 3, 2014 1.

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Presentation transcript:

Tax-Increment Financing Partners for Economic Solutions April 3,

What is TIF? Tax Increment Financing Financing public improvements when there are no other public or private funds to finance it Tax Not a new tax or increased tax Increment Additional tax revenues created by increase in assessed values from redevelopment Financing Issuing non-recourse bonds, not backed by jurisdiction’s full faith and credit, for new public improvements and other specified uses Using incremental taxes to repay bonds 2

Flow of Revenues Time Project Initiated (Year 0) TIF boundary defined Tax base frozen Redevelopment starts 0 Base Taxes Paid to Local Government 3

Flow of Revenues Time Short-Term (Years 1-4) Construction underway Assessed value of property increases Issuance of TIF bonds Increases Assessed Value Generating New Tax Revenue Base Taxes Paid to Local Government

Flow of Revenues Time Base Taxes Paid to Local Government Incremental Tax Revenue Pays TIF Debt Service Year 4 TIF bond repayment begins

Flow of Revenues Time Mid-Term (Years 5-12) Initial investment spurs additional redevelopment Assessed value of property increases TIF revenues in excess of debt service needs Incremental Taxes to Debt Service Base Taxes Paid to Local Government Excess Incremental Taxes to Local Government

Flow of Revenues Incremental Taxes to Local Government Base Taxes Paid to Local Government Future Taxes to Local Government After Bonds are Repaid Time Incremental Taxes to Debt Service

The Beginning of TIFs  Authorized by State statute  49 states and the District of Columbia  Implemented by local government at its discretion  Details vary state to state  Taxes devoted  Eligible uses 8

What’s the Increment?  Tax rate remains the same  Property assessment increases because of new development  Property owners inside and outside TIF area pay same tax rate unless there is a revenue shortfall for debt service 9

What Taxes are TIF-Eligible?  Local real property taxes in all jurisdictions  Hotel taxes in Prince George's County  Any local tax in support of designated Transit-Oriented Developments in authorized counties  Sales taxes in some states, like District of Columbia *Jurisdiction determines whether a portion or all of the incremental taxes go to pay TIF bonds 10

What Uses are Eligible in Maryland?  Infrastructure – roads, utilities, lighting, parks, etc.  Government buildings  Public parking garages  Land acquisition, site removal, relocation  Convention, conference and visitors centers in Prince George's County  Capital and operating costs of infrastructure supporting Transit-Oriented Development (TOD) in certain counties  Affordable housing in the City of Baltimore 11

1. Define TIF District 2. Establish base assessed value 3. Specify funded improvements 4. Issue non- recourse bonds 5. Make public purpose improvements 6. Development increases values 7. Incremental revenues to special fund 8. Bonds repaid & all taxes go to jurisdiction Typical TIF Process *Process is initiated by the local jurisdiction, subject to local government approvals. 12

TIF Mechanics  Jurisdiction defines the project or district where taxes will be collected and TIF revenues spent  Maryland uses "project" TIFs almost exclusively  Base value of existing property is established and "frozen"  Jurisdiction continues to receive same revenues generated by the existing assessed property value 13

TIF Mechanics  Redevelopment increases assessed property values  Future tax revenues generated by increased "incremental" property values are directed to a dedicated TIF fund account  TIF fund account repays bond holders 14

TIF Mechanics  TIF bond proceeds pledged to fund specified improvements  Typically revenue bonds are issued following Wall Street review  Bonds are not backed by government full faith and credit  TIF revenues not needed for debt service on bonds go to the jurisdiction  When the bonds are repaid, TIF revenues revert to the jurisdiction as part of regular taxes 15

National TIF Experience,  49 states and DC have TIF statutes  Nationally, TIF bonds were issued in 40 states  $37.6 billion issued  $2.25 billion issued in 2010  Default rate: 0.03% in

Credit Enhancement  To make revenue bonds marketable to investors  To improve the borrowing costs  Built-in reserves and debt coverage requirements  Backup repayment source such as special taxes  A special tax is assessed on the property equal to the annual debt service  TIF revenues are credited against that tax liability  If TIF revenues are not sufficient, property owner(s) bear the burden of paying the bond debt service  Special taxes put the burden and risk on the developer  State limited loan guarantees (e.g., Pennsylvania) 17

Pennsylvania TIF Guarantee Program  Goal: Enhance the local TIF programs and improve access to capital by reducing investor risk  State guarantees for local TIF bonds  Up to $5 million per project  Priority given to redevelopment projects in economically distressed areas or unutilized sites in an urban or core community 18

Alternative TIF Approaches  Developer funds the improvements and is repaid through annual incremental tax revenues  Pay-as-you-go funding of improvements from current incremental tax revenues without bond issuance (encouraged in West Virginia) 19

Frequently Asked Questions 20

How Risky Are TIFs?  Nationally, only five in approximately 2,000 (0.3 percent) TIF bond issues were in default as of December 31, 2010  No defaults in Maryland 21

How to Mitigate TIF Risk?  Structure debt service coverage conservatively – such that incremental revenues significantly exceed debt service  Require backup special taxes on the property  Focus TIF bonds on projects ready to go with private financing and construction bonds in place 22

Does TIF Mean New Taxes?  No new taxes are levied  Property owners pay no higher taxes unless incremental tax revenues are insufficient to service debt  With a backup special tax, the project’s property owner pays additional taxes to cover any shortfall in bond debt service 23

Is This a Tax Break for the Developer?  Property owner continues to pay all taxes  Property owner may pay higher taxes if the TIF bond is backed with a special tax 24

What is the State’s Role?  State provides enabling authority  Use of TIF is solely at local government’s discretion  Follows local TIF policies  Negotiations are between the developer and local government 25

Does TIF Shift Revenues from Other Budget Priorities?  Jurisdiction continues to receives tax revenue from original base  TIF bond can and should be calibrated to provide only as much investment as required  Project would not otherwise proceed “but for” the TIF investment  TIF captures taxes that would not otherwise be generated  Jurisdiction can elect to restrict the share of incremental tax revenues to TIF so as to preserve future revenues for other priorities 26

Do TIF Bonds Put the Local Jurisdiction and State at Risk?  No government obligation to pay TIF bonds  Local or state government can guarantee  Default does not affect the governments' credit ratings  While some jurisdictions are concerned that investors' reaction to a TIF default could taint their reputation, investors and rating agencies have no expectation that government will pay 27

Do TIFs Impact the Bond Cap?  Bond caps limit a local government's ability to incur debt  TIF bonds do not count against most jurisdictions' legislated bond caps  Baltimore City policy – "City’s total tax- supported debt burden, including outstanding TIF debt, should remain below four percent of the City’s estimated actual value of property" 28

TIF’s Use?  TIF can be used to promote policy goals, such as:  Smart growth  Transportation improvements  Community revitalization  Affordable housing 29

National Harbor Bond Issue:  $65,000,000 Prince George’s County, 2004  $210,000,000 total TIF Development: 7.3 million sf of development $2 billion total development cost Gaylord National Hotel and Convention Center Hotels Waterfront condos Offices Retail stores and nightspots Marina National Children’s Museum Developer:  The Peterson Companies, LLC Use of Proceeds: Security:  Public infrastructure  Tax increment with special tax backup 30

East Baltimore Research Park Bond Issue:  $65,000,000 City of Baltimore, 2008 & 2009  Purchased by Annie E. Casey Foundation Development: $1.8 billion rebuilding of 88 acres 1.1 million sf Science + Technology Park 2,100 mixed-income rental and for-sale housing units 400,000 sf office and retail Pre-K-8 public school Maryland Public Health Laboratory Johns Hopkins University graduate student housing Parking Developer:  East Baltimore Development, Inc., the Forest City-New East Baltimore Partnership Use of Proceeds:  Public infrastructure  Acquisition, demolition, relocation 31

Bond Issue:  $25,000,000 City of Annapolis, 2005 Location:  Westgate Circle, near downtown Annapolis Development: Use of Proceeds:  Westin 225-room luxury hotel  5-story, Class “A” office building  166 unit residential condominium  Public parking garage Primary Security:  Incremental City and County taxes  Parking net operating income  Backup special tax Park Place Special Features:  Unique layering of security to keep special tax risk on developers and off of homebuyers 32

Bond Issue:  $15,000,000, 2008  Developer purchase Location:  West Baltimore Development: Use of Proceeds:  Renovation of 50-year-old urban shopping center  Addition of Target department store and a new Shopper’s Food Warehouse  Redevelopment expenses Primary Security:  Incremental City taxes Mondawmin Mall 33