Governor Murphy today signed Senate Bill 1323/Assembly Bill 2076, the long-awaited legislation correcting many of the impediments holding-back the use of “NJ Aspire” – a potentially powerful financial incentive that was designed to address project financing gaps through the awarding of transferable, pledgeable state tax credits to eligible proposed redevelopment projects.
Update on NJ Aspire 3.0
In our previous summary of the Aspire legislation approved by both houses of the State Legislature two weeks ago and now awaiting Governor Murphy’s enactment into law (click here to view the summary of Aspire 3.0), we noted the following with respect to the usability of Aspire tax credits:
State Buyback of Tax Credits: The Aspire tax credits are only usable against the Corporate Business Tax and insurance premium taxes. Should a project redeveloper be unable to use directly or sell its credits, the State Treasury will have the discretion to purchase such credits at a floor of 0.85 cents per dollar. (Note that many of the bills’ sponsors will be introducing legislation early in the new year that would obligate the State Treasury to be the “buyer of last resort” for unutilized credits—a step that would provide the certainty and predictability that many equity investors and debt financiers give considerable weight (if not require) in the course of the underwriting process.)Continue Reading Update on NJ Aspire 3.0
Breaking News: State Legislature Just Approved NJ Aspire 3.0
Redevelopers have always struggled to make the numbers work on their proposed projects due to the unique added expenses of redevelopment not typically encountered on “greenfield” new construction projects—costs of land assemblage, environmental remediation, and structured parking, to name a few. Project financing-gaps only widened during and following COVID, as inflation drove up the cost of labor and materials and the Federal Reserve launched a rapid series of interest rate hikes. Adding to the challenge, local incentives—specifically, long-term tax exemptions (PILOTs), even when coupled with redevelopment area bond (RAB) sale proceeds—have generally not been generous enough to make the numbers work. As a result, even proposed redevelopment projects in tested, primary New Jersey cities have not always penciled-out.Continue Reading Breaking News: State Legislature Just Approved NJ Aspire 3.0
Summary of the Revised “NJ Aspire” Redevelopment Incentive Program
Since its launch more than two years ago, the New Jersey Aspire tax credit incentive program (“NJ Aspire”) has not been the deal-closing fund that redevelopers have so desperately needed. Thus far, NJ Aspire, like the “ERG” program which preceded it, has been unable to close, or even substantially narrow, projected financing gaps on most potential redevelopment projects across the state’s urban centers.Continue Reading Summary of the Revised “NJ Aspire” Redevelopment Incentive Program
Gov. Murphy Signs Law Amending Incentives Program to Lure Film & Digital Media
Governor Murphy today signed into law amendments to the Garden State Film and Digital Media Jobs Act, P.L. 2018, c. 56 (the “Program”). Below is a summary of the key changes to the Program:Continue Reading Gov. Murphy Signs Law Amending Incentives Program to Lure Film & Digital Media
Good News for Developers: NJ Finally Has a Replacement Redevelopment Incentive Program
The new “NJ Aspire” incentive program, enacted last week by Gov. Murphy as part of the Economic Recovery Act of 2020, is intended to close project financing gaps in proposed redevelopment projects through the issuance of transferable/pledgeable state tax credits. The program replaces the Economic Redevelopment Growth (ERG) grant program that expired in June 2019.
NJ Finally Has a Replacement Business Incentive Program
New Jersey has been without a public financial incentive to attract and retain businesses since June 2019 when the GrowNJ program expired. Earlier this week, Gov. Murphy signed into law the Economic Recovery Act of 2020 which includes a replacement incentive program to be known as “Emerge.” The real estate attorneys at Sills Cummis &
Newly Enacted Incentives Legislation Includes Important Amendments Giving Relief to Grow NJ Tax Credit Recipients
Relief Requires Time-Sensitive Action on the Part of Businesses
You may have read that the recently enacted New Jersey Economic Recovery Act of 2020 will create a successor business attraction and retention incentive program to Grow NJ to be known as “Emerge.” Lost in all the news coverage, however, is the fact that this new law includes important amendments to the Grow NJ statute that may provide pandemic-related relief to your company as a tax credit recipient.Continue Reading Newly Enacted Incentives Legislation Includes Important Amendments Giving Relief to Grow NJ Tax Credit Recipients
Appellate Division Rules Contributions into Municipal Affordable Housing Trust Funds Adopted Pursuant to N.J.S.A. 40A:12A-4.1 Are Valid, Statewide Non-Residential Development Fee Not a Substitute
On Thursday August 9, 2018, the New Jersey Appellate Division held that Prepayment Agreements requiring redevelopers to prepay a portion of the annual service charge in advance of the PILOT commencing when seeking a Long Term Tax Exemption are ultra vires and unenforceable. But perhaps more importantly, the Appellate Division held that municipalities are authorized
Tax Abatements: Friend or Foe?
On July 27, Sills Cummis' Cecilia I. Lassiter spoke at Tax Abatements: Friend or Foe?, a half-day workshop sponsored by the American Planning Association – New Jersey Chapter and the New Jersey Builders Association.