5. Investment in Local Partnerships | 5. Investment in Local Partnerships The Partnership initially acquired a Local Partnership Interest in forty-three Local Partnerships. As of March 30, 2016, the Partnership owns a 99% Local Partnership Interest in the following four Local Partnerships: 1. Country View Apartments (Country View); 2. Fulton Street Houses Limited Partnership (Fulton Street); 3. Hurlock Meadow Limited Partnership (Hurlock Meadow); and 4. Summerfield Apartments Limited Partnership (Summerfield Apartments). 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, 2016 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. See discussion below herein Note 5 regarding Summerfield Apartments sale of its underlying Property subsequent to March 30, 2016. The remaining Properties, excluding Summerfield Apartments, are principally comprised of subsidized and leveraged low-income multifamily residential complexes located in Maine (Country View), New York (Fulton Street) and Maryland (Hurlock Meadow). 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 remaining Properties, of which Country View and Hurlock Meadow 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 Country View and Hurlock Meadow. As of December 31, 2015, the remaining Local Partnerships have outstanding mortgage loans payable totaling approximately $7,129,000 and accrued interest payable on such loans totaling approximately $1,104,000, which are secured by security interests and liens common to mortgage loans on the remaining Local Partnerships' real property and other assets. During the year ended March 30, 2016, the Partnership sold its Local Partnership Interest in Chowan Senior Manor Associates Limited Partnership (Chowan Senior Manor) to an affiliate of the Local General Partner of Chowan Senior Manor. The Partnership received $10,500 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, 2016. During the year ended March 30, 2016, the Partnership sold its Local Partnership Interests in Long Reach Associates Limited Partnership and Nash Hill Associates Limited Partnership to an affiliate of one of the Local General Partners of such Local Partnerships. Such Local Partnerships have a common Local General Partner. 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, 2016. During the year ended March 30, 2016, the Partnership sold its Local Partnership Interest in Loma del Norte Limited Partnership (Loma del Norte) to an affiliate of one of the Local General Partners of Loma del Norte. The Partnership received $85,000 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, 2016. During the year ended March 30, 2015, the Partnership sold its Local Partnership Interests in Union Valley Associates Limited Partnership and Waynesboro Apartments Limited Partnership 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 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, 2015 (see Note 1). Such Local Partnerships have a common Local General Partner. During the year ended March 30, 2015, the Property owned by Sugar Cane Villas, Ltd. (Sugar Cane Villas) was sold at a public sale, in connection with which Sugar Cane Villas recognized a gain of $1,925,353; 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, 2014 herein Note 5. The Partnership received no proceeds in connection with the sale. The Local General Partner of Sugar Cane Villas reported that the 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 contract, without which Sugar Cane Villas was 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. Sugar Cane Villas has since been dissolved. During the year ended March 30, 2015, the Partnership sold its Local Partnership Interests in Batesville Family, L.P., Lawrence Road Properties, Ltd. and Purvis Heights Properties, L.P. to an affiliate of the Local General Partner of such Local Partnerships for a total of $30,660; such amount is reflected as 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, 2015. In addition, the Partnership received $7,762 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, 2015 (see Note 1). Such Local Partnerships have the same Local General Partner. The 99% Local Partnership Interests in such Local Partnerships were 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, whereby the Partnership owned 61.75%. ATCP II sold its interest in such Local Partnerships as part of the same transaction. Equity in loss of investment in local partnerships is limited to the Partnerships 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 $357,472 and $563,127 for the years ended December 31, 2015 and 2014, respectively, as reflected in the combined statements of operations of the Local Partnerships herein Note 5. The Partnerships investment in local partnerships reached a zero balance during a prior year (see Note 1). The amounts reflected as the Partnerships 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). In May 2016, Summerfield Apartments sold its underlying Property to an unaffiliated entity; the Partnership received $837,665 in connection with the sale. The Partnership may be entitled to additional proceeds after further resolution of the accounts of Summerfield Apartments. The combined balance sheets of the Local Partnerships as of December 31, 2015 and 2014 and the combined statements of operations of the Local Partnerships for the years then ended are reflected on pages 26 and 27, respectively. The combined balance sheets of the Local Partnerships as of December 31, 2015 and 2014 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). The combined balance sheets of the Local Partnerships as of December 31, 2015 and 2014 are as follows: 2015 2014 ASSETS Cash and cash equivalents $ 231,648 $ 469,966 Rents receivable 25,548 56,452 Escrow deposits and reserves 576,857 991,099 Land 280,636 693,933 Buildings and improvements (net of accumulated depreciation of $9,256,386 and $13,760,023) 2,986,398 6,284,166 Intangible assets (net of accumulated amortization of $48,042 and $46,340) 9,603 11,305 Other assets 164,337 187,830 Total assets $ 4,275,027 $ 8,694,751 LIABILITIES AND PARTNERS' EQUITY (DEFICIT) Liabilities Accounts payable and accrued expenses $ 145,799 $ 199,015 Due to related parties 741,518 1,004,918 Mortgage loans 7,128,710 12,632,226 Accrued interest 1,104,636 1,128,395 Other liabilities 91,314 145,862 Total liabilities 9,211,977 15,110,416 Partners' equity (deficit) American Tax Credit Properties III L.P. Capital contributions, net of distributions 3,546,235 4,852,168 Cumulative loss (2,954,243) (4,260,176) Total American Tax Credit Properties III L.P. 591,992 591,992 General partners and other limited partners Capital contributions, net of distributions 11,858 (55,549) Cumulative loss (5,540,800) (6,952,108) Total General partners and other limited partners (5,528,942) (7,007,657) Total equity (deficit) (4,936,950) (6,415,665) Total liabilities & equity (deficit) $ 4,275,027 $ 8,694,751 The combined statements of operations of the Local Partnerships for the years ended December 31, 2015 and 2014 are as follows: 2015 2014 REVENUE Rental $ 2,298,420 $ 3,285,530 Interest and other 32,970 79,115 Total Revenue 2,331,390 3,364,645 EXPENSES Administrative 284,119 578,136 Payroll 311,376 486,280 Utilities 299,113 370,158 Operating and maintenance 429,266 627,612 Taxes and insurance 241,695 464,288 Financial 472,459 716,936 Depreciation and amortization 667,464 895,273 Total Expenses 2,705,492 4,138,683 LOSS BEFORE GAIN ON SALE OF PROPERTY (374,102) (774,038) GAIN ON SALE OF PROPERTY -- 1,925,353 NET INCOME (LOSS) $ (374,102) $ 1,151,315 NET INCOME (LOSS) ATTRIBUTABLE TO American Tax Credit Properties III L.P. $ -- $ -- General partners and other limited partners (includes $357,472 and $563,127 of Partnership losses in excess of investment and specially allocated income of $0 and $1,730,073) (374,102) 1,151,315 $ (374,102) $ 1,151,315 |