This is an abridged web edition of the Novogradac Journal of Tax Credits. Subscribe here to receive the complete magazine.

More than 18 months after the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act, implementation of one of the bill's major provisions is on the horizon and the results could have significant implications for the tax credit community. Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act contains a provision commonly referred to as the Volcker Rule, named for former Federal Reserve Chairman Paul Volcker who originally proposed restricting banks from making certain kinds of speculative investments.
Happy New Year! Well, I thought I'd try to start the year on a more positive note after a rather sobering year-end 2011 column.
As that column went to press, the resolution of the Super Committee's efforts was up in the air and, as many readers no doubt already know, it failed to come to an agreement on any deficit reduction plan before its Thanksgiving deadline. Although the Super Committee's failure represented a new low in the lack of congressional cooperation on such a high profile issue and for which there was a fair amount of pressure for Congress to act, it is worth noting that there was no immediate consequence to this failure. This is in contrast to the debt limit negotiations in August when the U.S. government faced a potentially calamitous default on its obligations, or the fiscal year (FY) 2011 budget negotiations in March, during which Congress narrowly averted a government shutdown.
The Internal Revenue Service published final Treasury Regulations effective December 5, 2011 providing rules for satisfaction of the "qualified active low-income community business" requirements for businesses serving targeted populations.
Background
The American Jobs Creation Act of 2004 amended the New Markets Tax Credit (NMTC) program under Section 45D(e) of the Internal Revenue Code (IRC) to expand the definition of low-income communities (LICs) beyond the geographic definition, to include targeted populations. Targeted populations treated as LICs means individuals, or an identifiable group of individuals including an Indian tribe, who are low-income persons (defined below) or lack adequate access to loans or equity investments.
When I first began my career in historic preservation I learned that there were two important views of a historic downtown building, the ground level - a dynamic area, ever changing with the influx of people, permanent and passing retailers and tenants, basically a barometer of the economic conditions in country, and the upper floors, which gave permanence and a sense of place to downtown.
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