Upcoming IRS Ruling Reinforces FP Programs
Fort Collins, CO, May 15, 2006 � Funding Partners, a non-profit Community Development
Financial Institution (CDFI) operating throughout Colorado, is pleased to announce
that is unaffected by an upcoming ruling from the Internal Revenue Service.� Through
its House to Home Ownership (H2O) Down Payment Assistance Program� and the servicing
of numerous programs on behalf of employers, local agencies and public authorities,
FP has designed programs that are not dependent upon involved party transactions.
As reported by Michael Corkery of the Wall Street Journal on May 5, 2006, the IRS has determined that organizations that funnel money
from a property seller or developer to low-income buyers in the form of a gift
to be used as a down payment can no longer qualify for nonprofit status.� Such
organizations known to many in the industry under the name Nehemiah Corporation,
AmeriDream, Inc. and roughly 182 other entities, the programs in question rely
on home pricing inflation to cover the costs of the buyers �gift�. �
In its ruling yesterday, the IRS said these aid groups funded largely by home
builders and other sellers no longer qualify for tax- exempt status because the
benefits of the programs are going to sellers and profit-making entities. In its
statement, the IRS said it has found "that organizations claiming to be charities
are being used to funnel down-payment assistance from sellers to buyers through
self- serving, circular-financing arrangements."
The IRS has objected to buyers not paying taxes on their gift, while organizations
such as Nehemiah that facilitate the transaction remain tax-exempt.� Property
sellers often deduct the reimbursement as well, creating a double benefit for
both sides of a real estate transaction. ��The practice has been under scrutiny since it was introduced nationally in
1997 by Nehemiah Corporation of Sacramento, CA, but under increased pressure since
the release of two separate government reports in 2005 that demonstrated the practice
makes housing more expensive to those who can least afford it since the down payment
gift is added to the price of the home. �Additionally, the Department of Housing
and Urban Development (HUD) has admitted that default rates on homes financed
through such programs are substantially higher than those without assistance.�
HUD, through the Federal Housing Administration (FHA) mortgage program, is one
of the few sources for financing a home purchase using such assistance.
"The IRS is increasingly concerned with organizations that are taking advantage
of homebuyers who need assistance for a down payment to realize the American dream
of homeownership," �IRS Commissioner Mark W. Everson said in a statement.
In contrast, Funding Partners offers down payment and closing cost assistance
to first-time homebuyers that earn approximately $17 per hour, and less, that
have demonstrated a capacity to accept the responsibilities of home ownership.�
The H2O program and all other programs offered through Funding Partners, are secured
by a subordinate deed of trust on the home being purchased and carry a promise
to repay the funds when the home is sold, refinanced or upon loan maturity.� FP
programs are funded through unrelated sources to the transaction that serve to
promote economic and community development objectives.� H2O loans are typically
repaid within 2 years of the home purchase, carry no monthly payment requirement
and enjoy a 97% performance rating; meaning fewer than 3% of H2O loan volume is
lost to foreclosure of the primary mortgage or bankruptcy of the home buyer.
�While we lament the loss of resources to those individuals that might actually
benefit from these �Cost-Plus� programs, Funding Partners has been steadfast in
our objection to the way these programs have been marketed.� Just as the Interest-Only
and Option ARM mortgage products were unleashed upon the market without consideration
of whether the consumer was suited for such sophisticated vehicles, these programs
have created a financial disaster that will have wide-ranging repercussions long
after the salesman has moved on,� according to Joe Rowan, Executive Director of
Funding Partners.�� ��
With revenue reaching more than $100 million a year, Nehemiah Corporation is
considering options that range from a legal challenge to restructuring its program
to pay taxes on fees it generates. Other possibilities include making the down
payment division of Nehemiah a for-profit center. The U.S. Department of Housing
and Urban Development advised the firm it can continue its current practices for
down payments already in the pipeline.
Laura Jarvis
Marketing and Communications
Funding Partners
970-494-2021