Private Activity Bonds (PAB) Financing


A private activity bond financing (also referred to as a "PAB") typically takes the form of a tax-exempt construction and permanent financing wherein an authorized issuer (within the state where a commercial real estate development project is located) provides the necessary access for the developer/sponsor for construction phase and permanent mortgage financing.  All private activity bonds are authorized via a change in the IRS Code enacted by Congress as an exception to taxation.  

In general, PABs are a federal entitlement where (in most cases) the amount of PAB authority granted to each state is based on a per capita formula for the purposes of making the entitlement fair and reasonable.  Once the PAB has been authorized, the corresponding state bond commissions adopt rules pertaining to the application and approval of projects and issuers.  Once the rules are promulgated, you may seek out an authorized issuer.  The authorized issuer is the entity that actual issues the bonds and receives the net financing proceeds that, in turn, the issuer then lends to the developer/sponsor's project via a loan agreement that is part of the bond indenture.

In many cases, the provision of additional PAB authority is attached to a specific area that is blighted or has suffered a major disaster.  In recent years, these additional PAB financing have been made available for disaster relief for areas impacted by the 9/11 attacks (the "Liberty Zone"), Hurricane Katrina, Hurricane Wilma and Hurricane Rita disaster areas (collectively, the "GO Zone").  Congress now uses the "GO Zone" nomenclature to describe any area requiring federal assistance to recover from a given natural or man-made calamity.  Examples of qualified project types that have been authorized in the past include:

  • Senior housing development projects.

  • Hotel and motel development projects.

  • Healthcare development projects.

  • Mixed-use development projects.

  • Retail development projects.

All that remains is to find out if your project represents a qualified use of any particular PAB authority your state may have.  What you are entitled to potentially use is where Rainmaker comes into play.  It's time to find out.  An entitlement review by RMC costs only $2,500 and the results could be truly earth-shattering for your bottom line.  Your capital funding plan proposal should take advantage of every possible alternative to the dreaded equity dilution hit that awaits the uninitiated.

Rainmaker also provides access to equity syndications via the fractional real estate ownership interest tenants-in-common approach.  The syndication platform provides access to at-risk equity financing as early as the pre-construction phase and is designed for commercial real estate development and acquisition financings of $2.5 million or more.  The platform's design is such that the sponsor (or developer as the case may be) can dramatically increase their financial investment leverage while reducing the proposed project's bankruptcy and foreclosure risk profile.  Time to find out more, isn't it?

Get some answers to all the burning questions from a consulting firm that is focused on development transaction fundings.  Rainmaker Marketing Corporation is here to help.

Rainmaker specializes in commercial real estate development finance due diligence services developers and/or owner/operators need to make their next development a success.  First consultation is always free.


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