Cherrytree Group LLC Blog

...by Warren Kirshenbaum

The pilot program of Solarize Massachusetts will come to Scituate this month, as part of the statewide initiative to bring solar energy into the lives, homes, and businesses of South Shore residents.

Chosen as one of four communities throughout Massachusetts to participate, Scituate will host numerous presentations on the solar initiatives available to residents with the hopes that the coastal community will become greener than ever.

“We first started The Commonwealth Solar Rebate Program a number of years ago, and we’ve seen impressive numbers in terms of the number of solar systems installed in Massachusetts homes and businesses since then,” said Kate Plourd, the press representative for Mass CEC.

Scituate opted into the program early this year and was chosen at random to be the pilot town for this region.
Plourd hopes that the program’s success will dictate how else to deploy solar initiatives in other communities throughout Massachusetts, bringing more and more residents and businesses on board with the cleaner, greener, energy.

There has been significant growth of solar power in Massachusetts. This program is intended to educate homeowners and business owners about the ease of installing a solar system and the  financial benefits, both in utility bills and tax credits.

As part of the program, Scituate hosted a “Solar 101” meeting to discuss solar rebates, installation, and renewable energy tax credits.

There are three basic kinds of rebates available to locals – the Commonwealth Solar Rebate Program, the state tax credit, and the federal tax credit.

“Solarize Scituate” isn’t the only clean-energy initiative the town has its hands on right now.

With the soon-to-be-implemented Stretch Code mandates, which require more stringent, energy-efficient guidelines for new construction; a wind turbine to be installed in the fall; and with a large solar array being placed on the town’s capped landfill, Scituate will be relying on clean energy in no time.

“Between [all] those things … things are looking very green around Scituate,” she said.

Original article By Jessica Bartlett-Boston.com

Previous posts have discussed the differences between a tax deduction and a tax credit.  Transferability is the key distinction between the two.  While we all have deductions that we can take against our gross income, these deductions are personal to each individual.  

A tax credit is a direct credit against bottom line taxable income, and may be transferable to other taxpayers. There are restrictions to transferability based upon the type of tax credit, but in general, the portability of a tax credit has created a marketplace for the sale and transfer of many different types of tax credits. This is a very useful source of finance, equity, or reimbursement, especially in this economy.  

At The Cherrytree Group, we advise many clients on the use, transfer, and sale of their tax credits, but in developing a market for tax credits, it is important that clients consult with us prior to conducting a project, rather than in the latter stages of a transaction.  We can assist with developing the potential tax credit equity into a proposed budget or development pro-forma, which can lead to more control over financing costs.

Cherrytree has grown into a financial services company that has its own capital, credit lines and equity facilities, as well as a warehouse of tax credit buyers that include banks, insurance companies, Fortune 500 companies, multinational corporations, and high net-worth individuals.  We have the capacity and capability to purchase your tax credits for our own account, or broker a sale of the tax credit to one of our buyers.  For more information on this process, contact The Cherrytree Group.

...by Warren Kirshenbaum

The Emergency Economic Stabilization Act of 2008 is legislation which contains a number of tax incentives designed to encourage businesses to make investments in solar energy, including extensions of the business solar investment tax credit (ITC). The following is a brief summary of the provisions directly and indirectly benefiting the solar industry.

Provisions Directly Benefitting the Solar Industry:

The Business Solar Investment Tax Credit bill extends the 30% Income Tax Credit for solar energy properties for eight years through December 31, 2016. The bill allows the Tax Credit to be used to offset both regular and alternative minimum taxes and permits public utilities to directly invest in solar facilities and claim the Income Tax Credit. The five-year accelerated depreciation allowance for solar property is permanent and unaffected by the passage of the eight-year extension of the solar ITC.

Provisions Indirectly Benefiting the Solar Industry:

Extension of Energy-Efficient Buildings Deduction. Current law allows taxpayers to deduct the cost of energy-efficient property installed in commercial buildings. The amount deductible is up to $1.80 per square foot of building floor area for property installed in commercial buildings as part of:

•   Interior lighting systems,
•   Heating, cooling, ventilation, and hot water systems,
•   The building envelope.

Expenditures must be certified as being installed as part of a plan designed to reduce the total annual energy and power costs with respect to the interior lighting systems, heating, cooling, ventilation, and hot water systems of the building by 50 percent or more in comparison to certain established standards. The bill extends the energy efficient commercial buildings deduction through December 31, 2013. (This is section 179D in the Internal Revenue Code).

Qualified Energy Conservation Bonds. The bill creates a new category of tax credit bonds, "Qualified Energy Conservation Bonds" to finance State and local government initiatives designed to reduce greenhouse emissions. QECBs can be issued to finance capital expenditures incurred for:

•   Reducing energy consumption by at least 20%;
•   Implementing green community programs;
•   Rural development involving the production of electricity from renewable resources.

The bonds can also be used to finance research facilities and provide research grants for, among other things, technologies to reduce peak use of electricity. There is a national limitation of $800 million, allocated to States, local and tribal governments.

REITs - Real Estate Investing Minus the Headaches

By Warren Kirshenbaum

Real Estate Investment Trusts (REITS) have traditionally offered many advantages to investors looking to the real estate market for diversification and tax advantages.

They generally have higher yields and lower portfolio turnover than stocks or stock funds, plus they have the potential for capital gains.

As real estate bottomed, the rumor was that REITs had come and gone. But more likely, the weak housing market may have opened the door for smaller investors to participate in the short- and long-term gains offered by REITs -- which is especially appealing to the many investors who can't afford to buy a home or who aren't interested in owning physical property.

How REITs Work

REITs are created to hold a pool of managed real estate properties or mortgages. The REIT itself is not actively managed, relying instead on a set portfolio of preselected properties that is maintained for the duration of the trust. When the trust matures, the portfolio is reset according to the REIT's investment objectives. Each trust is considered to be a distinct security, with each unit in the REIT constituting a proportional share of ownership in each asset held within the trust.

REITs tend to focus more on value than growth. Historically, REITs have provided higher yields than other types of fixed-income securities, making them attractive holdings for moderate income investors. They tend to be more immune to market volatility than stocks or stock funds because of their correlation with the real estate sector.

Categories of REITs

There are three basic categories of REITs: equity, mortgage and hybrid.

Equity REITs receive rental income from the properties held within the trust as well as the capital gains from property sales. These three different streams of income make equity REITs the most desirable of the three.

Mortgage REITs are considered to be riskier than equity REITs because of their vulnerability to changes in interest rates. As with all other fixed-income securities, the value of mortgage REITs can drop substantially if interest rates rise.

Hybrid REITs are a combination of equity and mortgage REITs. There are several different varieties of hybrid REITs: some are open-ended securities, while others are closed-ended; some have a limited life span, while others are perpetual. They can also be invested in as little as one property, although they are usually invested in a group of properties.

Taxation of REITs at the Trust Level

The IRS requires REITs to follow specific rules of taxation. First, they are taxed as a trust, and unitholders pay tax on the income they receive. In most cases, little or no income is held at the trust level, and usually 100% of the income is passed on to investors.

The IRS requires that REITs distribute at least 90% of the income generated by the trust’s portfolio to unit holders. However, they must follow the same method of self-assessment that corporations are required to use. This means that REITs have to obey the same valuation and accounting rules as corporations, but pass cash flow (instead of profits) directly through the trust to unitholders.

In most cases, REITs are generally exempt from taxation at the trust level provided they distribute at least 90% of their income to their unit holders. Even some REITs that adhere to this rule will still face corporate taxation on any retained income, depending upon the provisions spelled out in the initial trust indenture.

The taxation of REITs differs from that of other unit investment trusts. Because the government considers them to be the business of managing properties, rental income is treated as business income to REITs. Therefore, all expenses related to rental activities managed by the trust are deductible, just as business expenses can be written off by a corporation.

How Will You be Taxed on Income From a REIT?

Because they are rarely taxed at the trust level, REITs usually pay larger dividends than stocks, which can only pay dividends after being taxed at the corporate level.

For the most part, REIT dividends are taxed to the unitholder as ordinary income just like stock mutual fund dividends. This means that you will pay tax on these dividends at your marginal tax rate.

However, some REIT dividends are classified as “qualified” dividends, which are a special type of dividend taxed at the more favorable capital gain rates. Some of the dividends you receive from your REIT may also be considered a non-taxable return of capital. When this happens, your taxable income from the REIT is reduced accordingly for the year. Return of capital distributions reduce your cost basis and you will not pay tax on return of capital distributions until the REIT matures or you sell it.

(Reuters) - Borrowing by small businesses jumped for a fifth straight month in December, data released by PayNet Inc on Tuesday showed, a fresh sign that the U.S. economic recovery is gaining ground.

The Thomson Reuters/PayNet Small Business Lending Index, which measures the overall volume of financing to U.S. small businesses, rose 20 percent in December from the same month a year earlier, PayNet said.

That is the fastest monthly gain since March 2006, with the index registering the highest level of borrowing since July 2008.

Separate data also released on Tuesday showed a decline in small business loan delinquencies.

"They are borrowing more and they are finding it easier to pay their bills," William Phelan, PayNet's president and founder, said in an interview. "The recovery is growing and remains on a solid footing."

The surge in borrowing by small businesses, seen as harbinger for the broader economy because they account for as much as 80 percent of new hiring, comes amid other signs the economy is headed for renewed expansion.

Factory activity in the U.S. Midwest hit a 22-1/2-year high in January as orders surged and the employment picture brightened, a report Monday showed. Another report on Monday showed consumer spending is on the rise.

Still, persistent high U.S. unemployment -- which registered 9.4 percent last month -- and a sluggish housing market continue to weigh on the economy.

One large manufacturer that provided data to PayNet in December said that businesses were buying equipment to replace worn-out machines, rather than to expand output -- a sign that the jump in borrowing may not necessary translate to new jobs, Phelan said.

"I don't think we are ready to declare victory quite yet," Phelan said, noting that the borrowing index, which fell by more than half at the nadir of the recession, has yet to return to its 2005 level.

Still, fewer companies are falling behind on their existing loan payments, a fact that may in itself boost borrowing, since higher repayment rates can free up capital that lenders might have otherwise set aside against the possibility of default.

Accounts in moderate delinquency, or those behind by 30 days or more, fell in December to 2.45 percent from 2.56 percent in November, PayNet said.

That is about the same level of delinquency as before the recession began, Phelan said.

The Thomson Reuters/PayNet small business lending index is correlated to developments in the overall economy, with changes in the index preceding changes in the overall U.S. economy by two to five months.

PayNet collects real-time loan information, such as originations and delinquencies, from more than 200 leading U.S. capital equipment lenders.

Thayer Morgan interviews Warren Kirshenbaum Esq. on Distressed Properties and Tax Credits on Brownfields, Renewable Energy, New Markets, Historic and Low Income Housing.

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