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  • videocam Live Webinar with Live Q&A
  • calendar_month March 3, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Tax Law
  • schedule 90 minutes

New Markets Tax Credits: IRS Requirements, Pairing With Other Tax Credits and QOZs, Allocating COD Income

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Discount expires 1/30/26

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CLE
CPE
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About the Course

Introduction

This CLE/CPE webinar will provide an overview of New Markets Tax Credits (NMTCs) and potential tax planning opportunities in light of the recent announcement of awards by the Treasury's Community Development Financial Institutions Fund (CDFI Fund). The panel will discuss the impact of the One Big Beautiful Bill Act (OBBBA), outline IRS requirements, and provide guidance on the NMTC program. The panel will also offer mechanisms for pairing with other tax credits and qualified opportunity zones and allocating cancellation-of-debt (COD) income.

Description

The NMTC program presents significant opportunities for investors in economic development projects to secure additional financing to complete projects in low-income areas. Recently, the CDFI Fund has announced $10 billion in allocations available for the NMTC program to help revitalize low-income urban and rural communities.

NMTCs can reduce the debt or equity when financing qualified investments, including mixed-use affordable housing, preservation projects, manufacturing, and renewable energy projects. These tax credits are subject to recapture during the seven-year credit period if the project ceases to be qualified in accord with certain requirements, stops using the proceeds of the investment for purposes established under the rules, or is otherwise not in compliance with other key items under current tax law.

Counsel must understand the recapture triggers, the impact of IRS regulations, debt issues, lease vs. ownership issues, economic substance doctrine, and cancellation of indebtedness planning when negotiating new transactions, evaluating existing deals, or coupling NMTCs with other tax credit programs.

Listen as our authoritative panel discusses best practices for structuring NMTC deals, coupling NMTCs with other tax credits, and allocating COD income among partners. The panel will also discuss trends in the NMTC program, IRS regulations and guidance, and legislative developments and the impact of OBBBA.

Presented By

Ross P. Keogh
Office Managing Shareholder
Parsons Behle & Latimer

Mr. Keogh's practice focuses on helping clients create and manage tax-efficient business structures and capital syndication, particularly in the context of start-ups, real estate and the Opportunity Zone incentive. He is a leading expert on a variety of tax incentives, including the Opportunity Zones Tax Provision (section 1400Z-2), Section 45V the Hydrogen Production Tax Credit, Section 170(f) dealing with the donation of conservation easements, and Section 468B providing for Qualified Settlement Funds. Mr. Keogh provides advice to clients in tax planning and deal structuring around the creation, sale or purchase of businesses or real property and the management of litigation proceeds and settlements. His experience as an economist and attorney enables him to directly and dynamically advise clients on the tax and business implications of transactions and to tax-efficiently structure their capital stack. Mr. Keogh leads Parsons’ tax team in routinely advising clients on securing gain exclusion or deferral under the tax code, including Section 1202 the qualified small business stock exclusion (QSBS), Section 1400Z-2, Section 1031—providing deferral for exchanges of real property, and the provisions allowing for tax-free capitalization of partnerships and corporations such as Section 721, Section 351 and Section 368. 

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

  • CPE credit is not available on recordings.

  • BARBRI is a NASBA CPE sponsor and this 90-minute webinar is accredited for 1.5 CPE credits.

  • BARBRI is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, March 3, 2026

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. NMTCs and OBBBA

II. Structuring an NMTC deal

III. Qualification issues/deal readiness/tax opinion issues

IV. Pairing NMTCs with other tax credit programs

V. Drafting operating agreements to cover allocation of COD income among partners

VI. Recapture triggers and restructuring options

VII. IRS regulations and guidance

The panel will review these and other key issues:

  • What is the effect of OBBBA's permanent extension of the NMTC program?
  • What are best practices for structuring NMTC deals to ensure compliance with IRS program requirements?
  • What factors must be considered when pairing NMTCs with other tax programs?
  • What are some of the recapture triggers and available restructuring/workout options?

Learning Objectives

After completing this course, you will be able to:

  • Identify best practices for NMTC deals to comply with IRS program requirements
  • Determine the impact of using NMTCs on IRS safe harbors for partnerships claiming rehabilitation tax credits
  • Discern use restrictions for repayment or refinance of debt or equity in an NMTC project
  • Field of Study: Taxes
  • Level of Knowledge: Intermediate
  • Advance Preparation: None
  • Teaching Method: Seminar/Lecture
  • Delivery Method: Group-Internet (via computer)
  • Attendance Monitoring Method: Attendance is monitored electronically via a participant's PIN and through a series of attendance verification prompts displayed throughout the program
  • Prerequisite:

    Three years+ business or public firm experience preparing complex tax forms and schedules, supervising other preparers or accountants. Specific knowledge and understanding of pass-through taxation, including taxation of partnerships, S corporations and sole proprietorships, qualified business income, net operating losses and loss limitations; familiarity with net operating loss carry-backs, carry-forwards and carried interests.

BARBRI, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of Accountancy have final authority on the acceptance of individual courses for CPE Credits. Complaints regarding registered sponsons may be submitted to NASBA through its website: www.nasbaregistry.org.

IRS Approved Provider

BARBRI is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).

BARBRI CE webinars-powered by Barbri-are backed by our 100% unconditional money-back guarantee: If you are not satisfied with any of our products, simply let us know and get a full refund. Contact us at 1-800-926-7926 .