Tax Reform Impacts on State and Local Government Agencies A Comprehensive Discussion
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1 Tax Reform Impacts on State and Local Government Agencies A Comprehensive Discussion January 11, Crowe 2016 Crowe Horwath Horwath LLP LLP
2 Presenters Robert Lazard, CPA Public Sector Services Managing Partner Crowe Horwath LLP Office: Herschel Frierson Municipal Advisor Representative Crowe Horwath LLP Office: Nathan Flynn Municipal Advisor Representative Crowe Horwath LLP Office:
3 Tax Cuts and Jobs Act Impacts on State and Local Government Agencies Tax bill signed into law on Friday, December 22, 2017 Majority of the bill s provisions have an effective date of January 1, 2018 Positives for municipal bond issuers Eligible new money projects can still be funded with tax-exempt bonds Current refunding bonds can still be issued tax-exempt Private Activity Bonds (PABs) kept their tax-exemption, including stadium bonds Changes to the Alternative Minimum Tax (AMT) have decreased the penalty associated with issuing bonds subject to the AMT Negatives for municipal bond issuers Tax Credit bond programs eliminated going forward Private college endowments over $500 million will have earnings taxed at 1.4% Interest on advance refunding bonds is taxable Cap on State And Local Taxes (SALT) Exemption Lower federal income tax rates for both individual and corporate filers 3
4 Tax Cuts and Jobs Act Impacts on State and Local Government Agencies Advance Bonds Demand from Buyers Tax Cuts and Jobs Act SALT Exemption Municipal Market Volume 4
5 Advance Bonds Basics Current (Example) 1/15/2018 Bonds Issued 4/15/2028 Final maturity Escrow Period (90 days) 4/15/2018 Refunded Bonds Call Date Series 2008 Issued 4/15/2008 Refunded Bonds Final Maturity 4/15/2028 Call Date 4/15/2018 Mechanics of Current Bonds are issued on 1/15/2018 Proceeds from Bonds pay Series 2008 principal and interest due 4/15/2018 Redemption of remaining 2008 principal on 4/15/2018 Escrow period of 90 days or less = Current 5
6 Advance Bonds Basics Advance (Example) 1/15/2018 Bonds Issued 1/15/2030 Final maturity Escrow Period (24 months) Series 2010 Issued 1/15/2010 1/15/2020 Bonds Call Date Refunded Bonds Final Maturity 1/15/2030 Call Date 1/15/2020 Mechanics of Advance Bonds are issued on 1/15/2018 Proceeds from Bonds pay Series 2010 principal and interest due from 7/15/2018 to 1/15/2020 Redemption of remaining 2010 principal on 1/15/2020 Escrow period greater than 90 days = Advance 6
7 Advance Bonds Taxable Advance (Example) Interest Rate Table 1 Interest Rate Curves 1 Maturity Taxable Tax- Exempt Increase Taxable Tax-Exempt (1) Rates are indicative only and based on market conditions as of 1/4/18 for a hypothetical bond issue by a K-12 public school issuer in the state of Indiana for a $20 million, level debt service issue rated AA+. 7
8 Advance Bonds Forward Delivery Tax-Exempt Bonds 1/15/2018 Bonds Priced 12/15/2019 Bonds Issued 1/15/2030 Final maturity Forward Period (23 months) Escrow Period (30 days) Series 2010 Issued 1/15/2010 1/15/2020 Bonds Call Date Refunded Bonds Final Maturity 1/15/2030 Call Date 1/15/2020 Mechanics Bonds priced on 1/15/2018 for delivery on 12/15/19 Pricing is based on prevailing interest rates plus a forward premium that is based on the length of the forward period The refunding escrow is funded on 12/15/19, 30 days prior to the call date and within the 90 day maximum current refunding window 8
9 Advance Bonds Forward Starting Interest Rate Swap 1/15/2018 Swap Priced 12/15/2019 Bonds Issued & Swap Effective 1/15/2030 Final maturity Forward Period (23 months) Escrow Period (30 days) Floating Rate Issuer Lender Fixed Rate Floating Rate 1/15/2020 Bonds Call Date Swap Provider Mechanics Tax-exempt floating rate obligation and interest rate swap priced on 1/15/2018 with effective dates of 12/15/2019 Pricing is based on prevailing interest rates plus a forward premium that is based on the length of the forward period Swap Provider pays Issuer the same floating rate that Issuer pays lender. Issuer s net rate is equal to the fixed swap rate that it pays swap provider 9
10 SALT Exemption Impact of SALT Provisions In the past, State and Local Taxes (SALT) have been an eligible exemption when filing federal income taxes Tax Bill caps that exemption at $10,000 State Income Taxes Source: TaxFoundation.org (rates as of 1/1/2018) 10
11 SALT Exemption States Impacted the Most by SALT Provisions Several states are investigating methods of eliminating or reducing impact of this provision o Reclassifying SALT as payroll taxes or charitable donations o State of California proposal 11
12 Buyer Demand Changes to Individual Tax Brackets 2017 Tax Brackets 2018 Tax Brackets Single Married Filing Jointly Marginal Tax Rate Single Married Filing Jointly Marginal Tax Rate $0 - $9,325 $0 $18, % $9,326 - $37,950 $18,651 -$75, % $37,951 - $91,900 $75,901 - $153, % $91,901 - $191,650 $153,901 - $233, % $191,651 - $416,700 $233,350 $416, % $416,701 - $418,000 $416,751 - $470, % $418,001 + $470, % $0 9,525 $0 $19, % $9,526 - $38,700 $19,051 - $77, % $38,701 - $82,500 $77,401 - $165, % $82,501 - $157,500 $165,001 $315, % $157,501 - $200,000 $315,001 - $400, % $200,001 - $500,000 $400,001 - $600, % $500,000+ $600, % Source: IRS.gov 12
13 Buyer Demand Impact of Income Tax Rates on Municipal Bond Buyer Segments 5.00% Retail Investors 5.00% Institutional Investors 4.00% 3.00% 1.97% 1.76% 4.00% 3.00% 1.62% 0.80% 2.00% 1.00% 3.00% 3.00% 2.00% 1.00% 3.00% 3.00% 0.00% 39.6% Marginal Tax Rate Interest 37.0% Marginal Tax Rate Value of Tax Exemption 0.00% 35.0% Marginal Tax Rate Interest 21.0% Marginal Tax Rate Value of Tax Exemption The benefit of tax-exempt interest income has been impacted more for institutional investors than retail investors 13
14 Market Volume Historical Market Volume New Money vs. Municipal bond market analysts are forecasting lower market volume in 2018, due in part to the elimination of tax-exempt status for advance refunding bond issues o Municipal Market Data survey respondents predict a decline in 2018 of 8% to 34% with most expecting between $305 to $350 Billion Historic Municipal Bond Issuance ($ Billions) New Money New Money & Source: Securities and Exchange Commission 14
15 Questions & Answers 15
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