5. Investment in Local Partnerships | 12 Months Ended |
Mar. 30, 2014 |
Notes | ' |
5. Investment in Local Partnerships | ' |
5. Investment in Local Partnerships |
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The Partnership initially acquired a Local Partnership Interest in fifty Local Partnerships. As of March 30, 2014, the Partnership owns a Local Partnership Interest in the following nineteen Local Partnerships (see discussion below regarding Queen Lane Investors’ sale of its underlying Property): |
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1. | 1989 Westview Arms Limited Partnership; | | |
2. | Batesville Family, L.P.; | | |
3. | Browning Road Phase I, L.P.; | | |
4. | Canton Partners, L.P.; | | |
5. | De Queen Villas Limited Partnership; | | |
6. | Eudora Manor Limited Partnership; | | |
7. | Hill Com I Associates Limited Partnership; | | |
8. | Hill Com II Associates Limited Partnership; | | |
9. | Lakeside Housing Limited Partnership; | | |
10. | Lawrence Road Properties, Ltd.; | | |
11. | Lexington Estates Ltd., A Mississippi Limited Partnership; | | |
12. | Littleton Avenue Community Village, L.P. (“Littleton”); | | |
13. | Lula Courts Ltd., L.P.; | | |
14. | Magee Elderly, L.P.; | | |
15. | Patton Place Limited Partnership; | | |
16. | Purvis Heights Properties, L.P.; | | |
17. | Queen Lane Investors (“Queen Lane”); | | |
18. | Tchula Courts Apartments, L.P.; and | | |
19. | Village Creek Limited Partnership. | | |
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Although the Partnership generally owns a 99% Local Partnership Interest in the remaining Local Partnerships, the Partnership acquired along with American Tax Credit Properties III L.P. ("ATCP III"), an investment partnership whose general partner is an affiliate of the General Partner, a 99% Local Partnership Interest in the following Local Partnerships: |
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| The | | |
| Partnership | | ATCP III |
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Batesville Family, L.P. | 37.25% | | 61.75% |
Lawrence Road Properties, Ltd. | 37.25 | | 61.75 |
Purvis Heights Properties, L.P. | 37.25 | | 61.75 |
Queen Lane Investors | 50.5 | | 48.5 |
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In connection with the initial purchase of fifty Local Partnership Interests, under the terms of the partnership agreement of each Local Partnership, as of March 30, 2014 the Partnership is committed to make capital contributions in the aggregate of $48,460,126, which includes Advances to certain Local Partnerships and all of which has been paid. |
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The remaining Properties are principally comprised of subsidized and leveraged low-income multifamily residential complexes located throughout the United States. 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, certain of which receive project based rental subsidy payments pursuant to subsidy agreements, are subject to specific laws, regulations and agreements with federal and state agencies. The subsidies expire at various times. The Partnership 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 the Local Partnerships receiving such subsidies. As of December 31, 2013, the Local Partnerships have outstanding mortgage loans payable totaling approximately $30,025,000 and accrued interest payable on such loans totaling approximately $5,585,000, which are secured by security interests and liens common to mortgage loans on the Local Partnerships' real property and other assets. |
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For the year ended March 30, 2013, the investment in local partnerships activity consists of the following: |
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Investment in local partnerships as of March 30, 2012 | | | $ 1,195,248 |
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Distributions from Local Partnerships | | | (15,948) |
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Distributions classified as other income | | | 15,948 |
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Sales proceeds applied against investment balance | | | (1,401,380) |
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Equity in income of investment in local partnerships | | | 206,132 |
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Investment in local partnerships as of March 30, 2013 | | | $ -- |
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During the year ended March 30, 2014, the Partnership sold its Local Partnership Interest in Trenton Heights Apartments, L.P. (“Trenton Heights”) to an affiliate of the Local General Partner of Trenton Heights; the Partnership received $20,000 in connection with the sale. Such amount is included in gain on sale of limited partner interests/local partnership properties in the accompanying statement of operations and comprehensive income (loss) of the Partnership for the year ended March 30, 2014. |
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During the year ended March 30, 2014, Queen Lane sold its underlying Property to its first mortgage lender under the terms of an Option to Purchase and Right of First Offer, in connection with which Queen Lane recognized a gain of $2,042,871; such amount is reflected as gain on sale of property in the combined statement of operations of the Local Partnerships for the year ended December 31, 2013 herein Note 5. The Partnership received no proceeds in connection with the sale. The Local General Partner of Queen Lane intends to dissolve Queen Lane as soon as possible. |
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During the year ended March 30, 2014, the Partnership sold its Local Partnership Interests in Bruce Housing Associates, L.P. (“Bruce Housing”), Ivy Family, L.P. (“Ivy Family”), Plantersville Family, L.P., Renova Properties, L.P., Simpson County Family, L.P. and Twin Pine Family, L.P. to an affiliate of the Local General Partner of such Local Partnerships for a total of $28,416; such amount is included in gain on sale of limited partner interests/local partnership properties in the accompanying statement of operations and comprehensive income (loss) of the Partnership for the year ended March 30, 2014. In addition, the Partnership received $32,938 for distributions that were due to the Partnership under the terms of the partnership agreements of such Local Partnerships; such amount is included in other income from local partnerships in the accompanying statement of operations and comprehensive income (loss) of the Partnership for the year ended March 30, 2014 (see Note 1). Such Local Partnerships have the same Local General Partner. The 99% Local Partnership Interests in Bruce Housing and Ivy Family were acquired along with ATCP III (see discussion above herein Note 5), whereby Registrant owned 37.25%. ATCP III sold its interest in Bruce Housing and Ivy Family as part of the same transaction. |
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During the year ended March 30, 2014, the Partnership sold its Local Partnership Interest in Auburn Hills Apartments Limited Partnership (“Auburn Hills”) to an affiliate of the Local General Partner of Auburn Hills. Although the Partnership received no proceeds in connection with the sale, the Partnership received $1,500 in April 2014 for distributions that were due to the Partnership under the terms of the partnership agreement of Auburn Hills. Such amount is included in due from local partnerships in the accompanying balance sheet of the Partnership as of March 30, 2014 and in other income from local partnerships in the accompanying statement of operations and comprehensive income (loss) of the Partnership for the year then ended (see Note 1). |
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During the year ended March 30, 2014, the Partnership sold its Local Partnership Interests in Eagle View, Ltd. and Summers Village Limited Partnership to the Local General Partner of such Local Partnerships or affiliates thereof for a total of $20,767; such amount is included in gain on sale of limited partner interests/local partnership properties in the accompanying statement of operations and comprehensive income (loss) of the Partnership for the year ended March 30, 2014. In addition, the Partnership received $14,233 for distributions that were due to the Partnership under the terms of the partnership agreements of such Local Partnerships; such amount is included in other income from local partnerships in the accompanying statement of operations and comprehensive income (loss) of the Partnership for the year ended March 20, 2014 (see Note 1). The total proceeds of $35,000 were received in April 2014 and are included in due from local partnerships in the accompanying balance sheet of the Partnership as of March 30, 2014. The Local General Partners of such Local Partnerships are affiliates of each other. |
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During the year ended March 30, 2014, the Partnership sold its Local Partnership Interest in Santa Juanita Limited Dividend Partnership (“Santa Juanita”) to an affiliate of the Local General Partner of Santa Juanita; there were no proceeds in connection with the sale. The 99% Local Partnership Interest in Santa Juanita was acquired along with American Tax Credit Properties L.P. (“ATCP”), another investment partnership whose general partner is an affiliate of the General Partner, whereby Registrant owned 64.36%. ATCP sold its interest in Santa Juanita as part of the same transaction. |
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During the year ended March 30, 2013, the Partnership sold its Local Partnership Interest in North Hills Farms Limited Partnership (“North Hills Farms”) to affiliates of the Local General Partners of North Hills Farms for $3,586,431 under the terms of a purchase agreement (the “North Hills Farms Purchase Agreement”). The Partnership recognized a gain of $2,185,051 in connection with the sale; such amount is included in gain on sale of limited partner interests/local partnership properties in the accompanying statement of operations and comprehensive income (loss) of the Partnership for the year ended March 30, 2013. After further resolution of North Hills Farms’ accounts under the terms of the North Hills Farms Purchase Agreement, the sale price was increased by $28,364; such amount is included in due from local partnerships in the accompanying balance sheet of the Partnership as of March 30, 2014 and in gain on sale of limited partner interests/local partnership properties in the accompanying statement of operations and comprehensive income (loss) of the Partnership for the year then ended. After such sale and as a result of cumulative equity losses, distributions and the sale of certain Local Partnerships’ Properties and/or the Partnership’s Local Partnership Interests, the Partnership’s investment in local partnerships reached a zero balance as of March 30, 2013. |
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During the year ended March 30, 2013, the Partnership sold its Local Partnership Interest in Mirador del Toa Limited Partnership (“Mirador del Toa”) to an affiliate of the Local General Partner of Mirador del Toa for $19,241; such amount is included in gain on sale of limited partner interests/local partnership properties in the accompanying statement of operations and comprehensive income (loss) of the Partnership for the year ended March 30, 2013. After accounting for its share of cumulative income, losses and distributions, the Partnership’s investment in Mirador del Toa had reached a zero balance prior to the sale. The 99% Local Partnership Interest in Mirador del Toa was shared with ATCP III (see discussion above herein Note 5), whereby the Partnership owned 39.94%. ATCP III sold its interest in Mirador del Toa as part of the same transaction. |
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During the year ended March 30, 2013, the Partnership sold its Local Partnership Interests in Cleveland Square, Ltd. and Corrigan Square, Ltd. to an affiliate of the Local General Partners of such Local Partnerships for a total of $79,200; such amount is included in gain on sale of limited partner interests/local partnership properties in the accompanying statement of operations and comprehensive income (loss) of the Partnership for the year ended March 30, 2013. Such Local Partnerships have the same Local General Partner. After accounting for its share of cumulative income, losses and distributions, the Partnership’s investment in such Local Partnerships had reached a zero balance prior to the sale. |
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During the year ended March 30, 2010, Harborside Housing Limited Partnership (“Harborside”) sold its underlying Property to an unaffiliated third party, in connection with which the Partnership had received $3,917,439 as of March 30, 2012. Upon final resolution of Harborside’s accounts, the Partnership received an additional $55,469 during the year ended March 30, 2013; such amount is included in gain on sale of limited partner interests/local partnership properties in the accompanying statement of operations and comprehensive income (loss) of the Partnership for the year ended March 30, 2013. Harborside has been dissolved. After accounting for its share of cumulative income, losses and distributions, the Partnership’s investment in Harborside reached a zero balance in a prior year. |
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The non-mandatory mortgages of Littleton matured in October 2006 but have not been repaid or formally extended. In May 2014, the first mortgage holder issued a declaration of default demanding Littleton’s immediate payment of an amount in excess of 6,500,000$6.5 million. Such amount includes all unpaid principal and accrued interest to date and amounts for real estate tax liens that had been sold to third parties and were redeemed by the lender. Unpaid principal and accrued interest on the second mortgage as of June 2014 is in excess of 3,100,000$3.1 million. Littleton’s Local General Partner reports that a refinancing of the mortgages is unlikely. |
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Equity in loss of investment in local partnerships is limited to the Partnership’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 $1,405,825 and $949,102 for the years ended December 31, 2013 and 2012, respectively, as reflected in the combined statements of operations of the Local Partnerships herein Note 5. |
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The Partnership’s investment in local partnerships reached a zero balance during the year ended March 30, 2013 (see Note 1). The amounts reflected as the Partnership’s investment balance in the combined balance sheets of the Local Partnerships herein Note 5 represent cumulative carrying value adjustments made by the Partnership (see Note 1). |
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The combined balance sheets of the Local Partnerships as of December 31, 2013 and 2012 and the combined statements of operations of the Local Partnerships for the years then ended are reflected on pages 34 and 35, respectively. The combined balance sheets of the Local Partnerships as of December 31, 2013 and 2012 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). |
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The combined balance sheets of the Local Partnerships as of December 31, 2013 and 2012 are as follows: |
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| 2013 | 2012 | |
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ASSETS | | | |
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Cash and cash equivalents | $ 1,596,159 | $ 1,853,612 | |
Rents receivable | 227,426 | 179,281 | |
Escrow deposits and reserves | 3,302,594 | 3,425,097 | |
Land | 1,770,266 | 1,927,755 | |
Buildings and improvements (net of accumulated depreciation of $40,403,938 and $43,708,700) | | | |
16,732,919 | 20,238,659 | |
Intangible assets (net of accumulated amortization of $15,938 and $11,192) | | | |
146,938 | 151,684 | |
Other assets | 719,227 | 744,567 | |
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Total assets | $ 24,495,529 | $ 28,520,655 | |
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LIABILITIES AND PARTNERS' EQUITY (DEFICIT) | | | |
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Liabilities | | | |
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Accounts payable and accrued expenses | $ 1,354,945 | $ 1,940,389 | |
Due to related parties | 692,680 | 763,364 | |
Mortgage loans | 30,024,883 | 35,248,458 | |
Notes payable | 967,945 | 749,380 | |
Accrued interest | 5,584,978 | 5,566,978 | |
Other liabilities | 328,830 | 305,236 | |
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Total liabilities | 38,954,261 | 44,573,805 | |
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Partners' equity (deficit) | | | |
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American Tax Credit Properties II L.P. | | | |
Capital contributions, net of distributions | 12,195,903 | 13,453,690 | |
Cumulative loss | -10,862,708 | -12,120,495 | |
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Total American Tax Credit Properties II L.P. | 1,333,195 | 1,333,195 | |
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General partners and other limited partners | | | |
Capital contributions, net of distributions | 86,600 | 1,057,253 | |
Cumulative loss | -15,878,527 | -18,443,598 | |
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Total General partners and other limited partners | -15,791,927 | -17,386,345 | |
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Total equity (deficit) | -14,458,732 | -16,053,150 | |
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Total liabilities & equity (deficit) | $ 24,495,529 | $ 28,520,655 | |
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The combined statements of operations of the Local Partnerships for the years ended December 31, 2013 and 2012 are as follows: |
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| 2013 | 2012 | |
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REVENUE | | | |
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Rental | $ 10,255,263 | $ 14,064,341 | |
Interest and other | 184,944 | 320,238 | |
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TOTAL REVENUE | 10,440,207 | 14,384,579 | |
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EXPENSES | | | |
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Administrative | 2,819,444 | 3,201,179 | |
Utilities | 1,238,506 | 1,970,815 | |
Operating and maintenance | 2,813,899 | 3,774,473 | |
Taxes and insurance | 1,191,410 | 1,612,742 | |
Financial | 1,533,749 | 1,535,690 | |
Depreciation and amortization | 1,850,532 | 2,584,077 | |
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TOTAL EXPENSES | 11,447,540 | 14,678,976 | |
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LOSS BEFORE GAIN ON SALE OF PROPERTY | -1,007,333 | -294,397 | |
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GAIN ON SALE OF PROPERTY | 2,042,871 | -- | |
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NET INCOME (LOSS) | $ 1,035,538 | $ (294,397) | |
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NET INCOME (LOSS) ATTRIBUTABLE TO | | | |
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American Tax Credit Properties II L.P. | $ -- | $ 206,132 | |
General partners and other limited partners (includes Partnership losses in excess of investment of $1,405,825 and $949,102 and specially allocated income of $1,300,164 and $366,144) | | | |
1,035,538 | -500,529 | |
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| $ 1,035,538 | $ (294,397) | |