Tax Credit Bonds

  • Overview
  • Attorneys

Kutak Rock, through our team of transaction bond attorneys and 103 tax group attorneys, has developed nationally recognized experience in representing issuers, borrowers, underwriters, credit enhancers and bond purchasers in a large number and wide variety of tax credit bond transactions. Our national team of attorneys provides tax and structuring analysis and legal documentation preparation for all authorized types of tax credit bonds.

Tax credit bonds currently involve one of two types of tax credit mechanisms—those that pay the issuer or borrower a direct federal subsidy or those that allow the bondholder to claim an annual credit to the bondholders’ federal income tax. Our attorneys have experience with advising issuers, borrowers or bondholders on how best to claim the benefits of each type of applicable tax credits.

Kutak Rock’s national public finance and Tax 103 lawyers have experience with the following types of tax credit bonds:

  • Clean Renewable Energy Bonds
  • New Clean Renewable Energy Bonds
  • Qualified Energy Conservation Bonds (including Green Community Programs)
  • Qualified Zone Academy Bonds
  • Qualified School Construction Bonds
  • Build America Bonds (including Recovery Zone Economic Development Bonds).

Each type of newly authorized tax credit bond is typically a new type of financing vehicle for state law purposes. Our attorneys have extensive experience assisting governments in adapting state and local legislation to accommodate issuance of tax credit bonds and administration of any special volume cap needs.

Our attorneys are in the forefront of national, state, local and bondholder efforts to review all new types of proposed tax credit bonds. We strive to keep our clients apprised of the details of all new developments and to assist our clients with the structuring and delivery of each new type of tax credit bond as it becomes authorized by federal and state law.