Tax-Increment Financing

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Kutak Rock attorneys represent clients on a wide range of tax increment financing matters ranging from the initiation of the TIF process through the drafting of state legislation authorizing tax increment financing to the termination of tax increment districts following the completion of projects or the final payment of tax increment bonds. We assist clients with forming tax increment districts; negotiating and drafting development agreements related to the use of revenues created by the tax increment districts; issuing tax increment bonds; developing “pay-as-you-go” tax increment revenue disbursement alternatives; and merging tax increment financing with other financing tools for the same development area. Because tax increment projects frequently involve legal issues beyond public finance, our firm’s national real estate and bankruptcy lawyers provide additional expertise for these projects.

When the tax increment project involves the issuance of bonds, Kutak Rock’s national public finance attorneys provide clients with the legal expertise for all aspects of the bond issuance process. As one of the most active bond counsel firms in the nation, we have represented both issuers and underwriters on a long list of tax increment financing issues in numerous states. Our nationally recognized Section 103 tax lawyers assist clients with the intricacies of tax-exempt financings for tax increment projects that may include real property, sales tax and other sources of revenue and the unique limitations for tax increment bonds under the Internal Revenue Code.

Whether our client is exploring financing options for the revitalization of a blighted area, the cleanup of environmental contaminants, the preservation of historic buildings, the development of a local, regional or national attraction to stimulate economic growth, or other development and redevelopment projects, we are equipped with the resources to help our clients achieve their goals.