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 forty-three Local Partnerships. As of March 30, 2014, the Partnership owns a Local Partnership Interest in the following fifteen Local Partnerships (see discussion below regarding Queen Lane Investors’ sale of its underlying Property during the year ended March 30, 2014 and the Partnership’s sale of its Local Partnership Interests in Union Valley Associates Limited Partnership and Waynesboro Apartments Limited Partnership subsequent to March 30, 2014): |
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1 | Batesville Family, L.P.; | | |
2 | Chowan Senior Manor Associates Limited Partnership; | | |
3 | Country View Apartments; | | |
4 | Fulton Street Houses Limited Partnership; | | |
5 | Hurlock Meadow Limited Partnership; | | |
6 | Lawrence Road Properties, Ltd.; | | |
7 | Loma Del Norte Limited Partnership; | | |
8 | Long Reach Associates Limited Partnership; | | |
9 | Nash Hill Associates, Limited Partnership; | | |
10 | Purvis Heights Properties, L.P.; | | |
11 | Queen Lane Investors (“Queen Lane”); | | |
12 | Sugar Cane Villas, Ltd. (“Sugar Cane Villas”); | | |
13 | Summerfield Apartments Limited Partnership; | | |
14 | Union Valley Associates Limited Partnership (“Union Valley”); and | | |
15 | Waynesboro Apartments Limited Partnership (“Waynesboro”) | | |
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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 II L.P. ("ATCP II"), 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 II |
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| Batesville Family, L.P. | 61.75% | 37.25% |
| Lawrence Road Properties, Ltd. | 61.75 | 37.25 |
| Purvis Heights Properties, L.P. | 61.75 | 37.25 |
| Queen Lane Investors | 48.5 | 50.5 |
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In connection with the initial purchase of forty-three 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 $29,384,966, which includes Advances to a certain Local Partnership, 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 $31,589,000 and accrued interest payable on such loans totaling approximately $1,089,000, 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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During the year ended March 30, 2014, the Partnership sold its Local Partnership Interests in LaBelle Commons, Ltd. and Moore Haven Commons, Ltd. to an unaffiliated third party for a total of $49,810; 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. Such Local Partnerships have the same Local General Partners. |
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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 assigned its Local Partnership Interest in Sydney Engel Associates L.P. (“Sydney Engel”) to an affiliate of the Local General Partner of Sydney Engel. There were no proceeds received by the Partnership in connection with the assignment. |
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During the year ended March 30, 2014, the Partnership sold its Local Partnership Interest in Ellinwood Heights Apartments, L.P. (“Ellinwood Heights”) to an affiliate of the Local General Partner of Ellinwood Heights. Although the Partnership received no proceeds in connection with the sale, the Partnership received $7,500 for distributions that were due to the Partnership under the terms of the Ellinwood Heights partnership agreement; 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). |
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During the year ended March 30, 2014, the Partnership sold its Local Partnership Interests in Auburn Family, L.P., Bay Springs Elderly, L.P., Bruce Housing Associates, L.P. (“Bruce Housing”), Ivy Family, L.P. (“Ivy Family”), North Calhoun City, L.P., Walnut Grove Family, L.P. and West Calhoun City, L.P. to an affiliate of the Local General Partner of such Local Partnerships for a total of $22,203; 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 $55,442 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 II (see discussion above herein Note 5), whereby Registrant owned 61.75%. ATCP II 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 Interests in Desarrollos de Belen Limited Partnership and Desarrollos de Emaus Limited Partnership to an affiliate of the Local General Partner of such Local Partnerships. Although the Partnership received no proceeds in connection with the sale, the Partnership received $52,000 in April 2014 for distributions that were due to the Partnership under the terms of the partnership agreements of such Local Partnerships. Such amount is reflected as due from local partnerships in the accompanying balance sheet of the Partnership as of March 30, 2014 and is included 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). Such Local Partnerships have the same Local General Partner. |
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The Local General Partner of Sugar Cane Villas reports that Sugar Cane Villas’ mortgage lender, which also provided project based rental assistance to Sugar Cane Villas under the terms of a contract subject to annual renewals, did not renew the rental assistance upon expiration of the current contract, without which Sugar Cane Villas is unable to make the mandatory debt service payments required under the terms of its mortgages. Such non-renewal is permitted under the terms of the contract. As a result, the lender commenced a foreclosure action and the applicable jurisdiction issued a Final Judgment of Foreclosure in May 2014. The underlying Property is scheduled for a public sale on June 27, 2014. |
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During the year ended March 30, 2013, the Partnership sold its Local Partnership Interests in April Gardens Apartments II Limited Partnership, Brisas del Mar Apartments Limited Partnership, Mirador del Toa Limited Partnership (“Mirador del Toa”) and Puerta del Mar Limited Partnership to affiliates of the Local General Partners of such Local Partnerships for a total of $207,301; 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. The 99% Local Partnership Interest in Mirador del Toa was acquired along with ATCP II (see discussion above herein Note 5), whereby the Partnership owned 59.06%; ATCP II 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 Interest in Hayes Run Limited Partnership (“Hayes Run”) to an affiliate of the Local General Partner of Hayes Run for $67,500; 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. |
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During the year ended March 30, 2013, the Partnership sold its Local Partnership Interest in Howard L. Miller Sallisaw Apartments II, L.P. (“Sallisaw”) to an affiliate of the Local General Partner of Sallisaw for $27,272; 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. |
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During the year ended March 30, 2013, the Partnership sold its Local Partnership Interest in Somerset Manor, Ltd. (“Somerset Manor”) to an unaffiliated third party for $18,590; 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. |
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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 $1,006,176 and $1,562,247 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, 2011 (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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In April 2014, the Partnership sold its Local Partnership Interests in Union Valley and Waynesboro to an affiliate of the Local General Partners of such Local Partnerships. Although the Partnership received no proceeds in connection with the sale, the Partnership received $20,000 for distributions that were due to the Partnership under the terms of the partnership agreements of such Local Partnerships. Such amount will be recorded as other income from local partnerships (see Note 1). Such Local Partnerships have a common Local General Partner. |
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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 31 and 32, 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 | $ 834,672 | $ 1,044,375 | |
Rents receivable | 161,197 | 272,559 | |
Escrow deposits and reserves | 2,516,017 | 3,621,740 | |
Land | 1,540,423 | 2,057,621 | |
Buildings and improvements (net of accumulated depreciation of $31,626,053 and $50,028,530) | 16,975,809 | 28,113,698 | |
Intangible assets (net of accumulated amortization of $100,693 and $348,743) | 13,007 | 227,848 | |
Other assets | 617,452 | 1,036,422 | |
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Total assets | $ 22,658,577 | $ 36,374,263 | |
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LIABILITIES AND PARTNERS' EQUITY (DEFICIT) | | | |
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Liabilities | | | |
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Accounts payable and accrued expenses | $ 339,171 | $ 660,725 | |
Due to related parties | 3,328,459 | 3,832,960 | |
Mortgage loans | 31,588,586 | 53,688,628 | |
Accrued interest | 1,088,936 | 2,281,499 | |
Other liabilities | 370,983 | 598,027 | |
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Total liabilities | 36,716,135 | 61,061,839 | |
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Partners' equity (deficit) | | | |
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American Tax Credit Properties III L.P. | | | |
Capital contributions, net of distributions | 9,251,695 | 11,870,938 | |
Cumulative loss | -8,585,297 | -11,204,540 | |
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Total American Tax Credit Properties III L.P. | 666,398 | 666,398 | |
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General partners and other limited partners | | | |
Capital contributions, net of distributions | -1,534,297 | -290,162 | |
Cumulative loss | -13,189,659 | -25,063,812 | |
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Total General partners and other limited partners | -14,723,956 | -25,353,974 | |
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Total equity (deficit) | -14,057,558 | -24,687,576 | |
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Total liabilities & equity (deficit) | $ 22,658,577 | $ 36,374,263 | |
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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 | $ 8,293,056 | $ 10,039,996 | |
Interest and other | 196,280 | 189,456 | |
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Total Revenue | 8,489,336 | 10,229,452 | |
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EXPENSES | | | |
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Administrative | 1,810,878 | 2,562,054 | |
Utilities | 1,079,522 | 1,235,631 | |
Operating and maintenance | 2,042,765 | 2,606,779 | |
Taxes and insurance | 894,982 | 1,009,534 | |
Financial | 1,273,593 | 1,550,580 | |
Depreciation and amortization | 2,424,298 | 2,955,443 | |
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Total Expenses | 9,526,038 | 11,920,021 | |
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LOSS BEFORE GAIN ON SALE OF PROPERTY | -1,036,702 | -1,690,569 | |
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GAIN ON SALE OF PROPERTY | 2,042,871 | -- | |
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NET INCOME (LOSS) | $ 1,006,169 | $ (1,690,569) | |
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NET INCOME (LOSS) ATTRIBUTABLE TO | | | |
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American Tax Credit Properties III L.P. | $ -- | $ -- | |
General partners and other limited partners (includes $1,006,176 and $1,562,247 of Partnership losses in excess of investment and specially allocated income of $1,017,912 and $177,070) | 1,006,169 | -1,690,569 | |
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| $ 1,006,169 | $ (1,690,569) | |