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5. Investment in Local Partnerships
12 Months Ended
Mar. 30, 2016
Notes  
5. Investment in Local Partnerships

5.       Investment in Local Partnerships

 

The Trust initially acquired a Local Partnership Interest in ten Local Partnerships. As of March 30, 2016, the Trust owns a 99% Local Partnership Interest in the following three Local Partnerships:

 

  1.

ACP Housing Associates, L.P. (“ACP Housing”);

  2.

Creative Choice Homes VII, Ltd. (“Creative Choice”); and

  3.

Vision Limited Dividend Housing Association Limited Partnership (“Vision”).

 

In connection with the initial purchase of ten Local Partnership Interests, under the terms of the partnership agreement of each Local Partnership, as of March 30, 2016 the Trust is committed to make capital contributions in the aggregate of $14,837,956, which includes Advances to certain Local Partnerships and all of which has been paid.

 

The remaining Properties are principally comprised of subsidized and leveraged low-income multifamily residential complexes located in New York (“ACP Housing”), Florida (Creative Choice) and Michigan (Vision). The required holding period of each Property, in order to avoid Low-income Housing Tax Credit recapture, is fifteen years from the year in which the Low-income Housing Tax Credits commence on the last building of the Property (the “Compliance Period”). The Compliance Periods of all the Local Partnerships expired in a prior year. The rents of the Properties, of which Creative Choice receives project based rental subsidy payments pursuant to a subsidy agreement, are subject to specific laws, regulations and agreements with federal and state agencies. The subsidy is scheduled to expire in 2019. The Trust cannot predict legislative initiatives and governmental budget negotiations, the outcome of which could result in a reduction in funds available for the various federal and state administered housing programs. Such changes could adversely affect the future net operating income and debt structure of Creative Choice. As of December 31, 2015, the remaining Local Partnerships have outstanding mortgage loans payable totaling approximately $10,061,000 and accrued interest payable on such loans totaling approximately $1,982,000, which are secured by security interests and liens common to mortgage loans on the remaining Local Partnerships' real property and other assets.

 

During the year ended March 30, 2016, the Trust sold its Local Partnership Interest in Ledge/McLaren Limited Partnership (“Ledge/McLaren”) to an affiliate of the Local General Partner of Ledge/McLaren; the Trust received $2,250 in connection with the sale. Such amount is included in gain (loss) on sale of limited partner interests/local partnership properties in the accompanying statement of operations and comprehensive income (loss) of the Trust for the year ended March 30, 2016. After accounting for its share of cumulative income, losses and distributions, the Trust’s investment in Ledge/McLaren had reached a zero balance prior to the sale.

 

During the year ended March 30, 2016, the Trust sold its Local Partnership Interest in SB-92 Limited Partnership (“SB-92”) to an affiliate of the Local General Partner of SB-92; the Trust received $5,000 in connection with the sale.  Such amount is included in gain (loss) on sale of limited partner interests/local partnership properties in the accompanying statement of operations and comprehensive income (loss) of the Trust for the year ended March 30, 2016. After accounting for its share of cumulative income, losses and distributions, the Trust’s investment in SB-92 had reached a zero balance prior to the sale.

 

During the year ended March 30, 2016, the Trust assigned its Local Partnership Interest in St. John Housing Associates, L.P. (“St. John Housing”) to an affiliate of the Local General Partner of St. John Housing; there were no proceeds in connection with the assignment. After accounting for its share of cumulative income, losses and distributions, the Trust recognized a loss of $278,795 -278795 in connection with the assignment as a write-off of its remaining investment balance. Such amount is included in gain (loss) on sale of limited partner interests/local partnership properties in the accompanying statement of operations and comprehensive income (loss) of the Trust for the year ended March 30, 2016.

 

For the years ended March 30, 2016 and 2015, the investment in local partnerships activity consists of the following:

 

 

 

2016

 

2015

 

 

 

 

 

        Investment in local partnerships as of March 30, 2015 and 2014

 

$       395,782

 

$   2,518,186

 

 

 

 

 

        Distributions from Local Partnerships

 

(13,562)

 

(63,233)

 

 

 

 

 

        Distributions classified as other income

 

13,562

 

3,000

 

 

 

 

 

        Equity in loss of investment in local partnerships

 

(116,987)

 

(2,062,171)

 

 

 

 

 

        Write-off of remaining investment balance in St. John Housing

 

      (278,795)

 

                  -- 

 

 

 

 

 

        Investment in local partnerships as of March 30, 2016 and 2015

 

$                 -- 

 

$       395,782

 

The Trust’s investment in St. John Housing represents more than 20% of the Trust’s total assets as of March 30, 2015 and the equity in loss recognized by the Trust in connection with St. John Housing represents more than 20% of the Trust’s net loss for the year ended March 30, 2016. The following financial information represents certain balance sheet and operating statement data of St. John Housing as of and for the years ended December 31, 2015 and 2014:

 

 

 

2015

2014

 

 

 

Total assets

$     5,137,079

$     5,245,539

 

 

 

Total liabilities

$     2,667,378

$     2,657,669

 

 

 

Revenue

$     1,227,965

$     1,465,166

 

 

 

Net income (loss)

$       (118,169)

$        139,221

 

Equity in loss of investment in local partnerships is limited to the Trust’s investment balance in each Local Partnership; any excess is applied to other partners' capital in any such Local Partnership (see Note 1). The amount of such excess losses applied to other partners' capital was $244,924 and $189,440 for the years ended December 31, 2015 and 2014, respectively, as reflected in the combined statements of operations of the Local Partnerships herein Note 5.

 

As a result of management’s assessment of the Carrying Value of the investment in local partnerships under applicable accounting guidelines (see Note 1), the Trust reduced its investment in St. John Housing by $2,200,000 during the year ended March 30, 2015. Such amount is included in equity in loss of investment in local partnerships in the accompanying statement of operations and comprehensive income (loss) of the Trust for the year ended March 30, 2015. The difference between the Trust’s investment in local partnerships as of March 30, 2016 and the amount reflected as the Trust’s investment balance in the combined balance sheet of the Local Partnerships as of December 31, 2015 herein Note 5 represents cumulative Carrying Value adjustments made by the Trust in the amount of $2,701,800 and the Trust’s write-off of its investment in St. John Housing of $278,795 during the three months ended March 30, 2016 (see discussion above herein Note 5).  The difference between the Trust’s investment in local partnerships as of March 30, 2015 and the amount reflected as the Trust’s investment balance in the combined balance sheet of the Local Partnerships as of December 31, 2014 herein Note 5 represents cumulative Carrying Value adjustments made by the Trust in the amount of $2,908,850.

 

The combined balance sheets of the Local Partnerships as of December 31, 2015 and 2014 and the combined statements of operations of the Local Partnerships for the years then ended are reflected on pages 24 and 25, respectively. The combined balance sheets of the Local Partnerships as of December 31, 2015 and 2014 do not include any balances in connection with the Local Partnerships in which the Partnership no longer owns an interest as of such dates, while the combined statements of operations of the Local Partnerships for the years then ended include the results of operations of such Local Partnerships for the period prior to the sales or other dispositions (see discussion above herein Note 5).

 

The combined balance sheets of the Local Partnerships as of December 31, 2015 and 2014 are as follows:

 

 

2015

2014

 

 

 

ASSETS

 

 

 

 

 

Cash and cash equivalents

$     1,940,725

$     2,072,949

Rents receivable

53,657

64,987

Escrow deposits and reserves

1,194,380

1,135,647

Land

768,599

965,272

Buildings and improvements (net of accumulated depreciation of $13,529,112 and $15,952,715)

10,683,023

13,533,052

Intangible assets (net of accumulated amortization of $127,547 and $125,312)

116,438

141,138

Other assets

194,842

275,483

 

 

 

Total assets

$   14,951,664

$   18,188,528

 

 

 

LIABILITIES AND PARTNERS' EQUITY (DEFICIT)

 

 

 

 

 

Liabilities

 

 

 

 

 

Accounts payable and accrued expenses

$         314,872

$         460,365

Due to related parties

1,182,001

1,469,345

Mortgage loans

10,061,371

13,468,459

Notes payable

100,000

250,000

Accrued interest

1,981,767

2,123,968

Other liabilities

99,549

179,156

 

 

 

Total liabilities

13,739,560

17,951,293

 

 

 

Partners' equity (deficit)

 

 

 

 

 

American Tax Credit Trust, Series I

 

 

Capital contributions, net of distributions

6,817,784

7,932,118

Cumulative loss

(3,837,189)

(4,627,486)

 

 

 

Total American Tax Credit Trust, Series I

2,980,595

3,304,632

 

 

 

General partners and other limited partners

 

 

Capital contributions, net of distributions

164,176

151,353

Cumulative loss

(1,932,667)

(3,218,750)

 

 

 

Total General partners and other limited partners

(1,768,491)

(3,067,397)

 

 

 

Total equity (deficit)

1,212,104

237,235

 

 

 

Total liabilities & equity (deficit)

$   14,951,664

$   18,188,528

 

The combined statements of operations of the Local Partnerships for the years ended December 31, 2015 and 2014 are as follows:

 

 

2015

2014

 

 

 

REVENUE

 

 

 

 

 

Rental

$   4,381,625

$   4,452,442

Interest and other

102,611

177,777

 

 

 

TOTAL REVENUE

4,484,236

4,630,219

 

 

 

EXPENSES

 

 

 

 

 

Administrative

616,161

620,777

Payroll

740,136

751,481

Utilities

696,193

730,609

Operating and maintenance

750,765

746,746

Taxes and insurance

440,622

393,738

Financial

512,515

507,431

Depreciation and amortization        

972,702

822,868

 

 

 

TOTAL EXPENSES

4,729,094

4,573,650

 

 

 

NET INCOME (LOSS)

$     (244,858)

$         56,569

 

 

 

 

 

 

NET INCOME (LOSS) ATTRIBUTABLE TO

 

 

 

 

 

American Tax Credit Trust, Series I

$     (116,987)

$       137,829

General partners and other limited partners (includes

   $244,924 and  $189,440 of Trust losses in excess of investment and specially allocated income of $119,503 and $107,614)

 

 

(127,871)

 

 

(81,260)

 

 

 

 

$     (244,858)

$         56,569