Tax-Exempt Bond Financing for Nonprofit Organizations and Industries (2024)

State-chartered bond authorities exist in every state. They include healthcare facility authorities, housing finance agencies, higher education facility authorities, and industrial development finance authorities. For those authorities, eligible projects include energy efficiency retrofits for existing facilities owned by eligible borrowers. The eligible borrowers for tax-exempt bonds are defined in the federal tax code as:

  • Nonprofit healthcare
  • Nonprofit higher education
  • Nonprofit K-12 schools
  • Other nonprofit institutions such as museums, YMCAs, and YWCAs
  • Low-income multifamily housing
  • Industry and manufacturing for defined types of exempt facilities.

Tax-exempt bonds generally offer lower interest rates and longer tenors than most taxable bonds, making them a well-suited and attractive means of financing energy efficiency or renewable energy projects for eligible borrowers.

"Tax-exempt" means that the interest component of bond debt service payments is exempt from federal and sometimes state and local income taxes for the bond holder. Therefore, with regard to credit quality and term of the bonds, the interest rate will be lower than for a taxable bond. Fixed interest rate bonds with 10- to 15-year terms are common. Tax-exempt bonds also have a deep market of interested bond purchasers. The ability to sell bonds, as always, is subject to the credit quality of the borrower, butcredit enhancements can improve the credit quality of the bond.

For these reasons—lower rate, longer term, and deep buyer market—state and local governments can investigate tax-exempt bonds as a financing alternative when clean energy finance programs target the eligible sectors (listed above). State and local governments are advised to hold discussions with their bond authorities to see how they can participate in local or state financing programs.

As public entities, bond authorities are generally mission driven and oriented to using their financing capacities for public good purposes. Many authorities also issue taxable bonds and offer other financial products to meet state economic development goals, such as supporting lending to small and medium enterprises. Bond authorities can be a conduit for financing and also a marketing partner; they have existing loan portfolios and can, for example, contact their existing borrowers with an offer of energy efficiency or renewable energy engineering assessments and services, if these can be arranged.

Availability of low-cost financing can help drive development of projects, but it needs to be coupled with marketing and project development. There are natural partnerships to be formed between bond authorities and state and local government energy efficiency finance programs. Utilities, energy efficiency companies and energy service companies, end-user associations (for hospitals, higher education, private schools, and industry), and others can pool their talents to generate project deal flow and market the energy efficiency/renewable energy finance products, which the bond authority can arrange.

Private Placements Versus Capital Markets Bond Sales

Loans for energy efficiency retrofits of existing facilities are often small—between $75,000 and $150,000 in many cases. These relatively small loan sizes can be challenging when trying to arrange financing, streamline bond issuance procedures, manage transaction costs, and find interested bond purchasers.

In general, bond authorities are conduits to financing, not sources of financing. That is, they issue bonds, but the bond purchasers must still be arranged and the credit of the borrower approved. Bonds can be sold on a private placement basis directly to a bond purchaser without a credit rating, or as a public sale in the capital markets with a credit rating for the bond from a bond rating agency like Fitch or Standard and Poor's. The minimum size for a private placement can be anywhere from $500,000 to $1million. Some authorities have developed streamlined procedures for smaller bond issues.

The minimum size for a public bond sale is typically in the range of $10 million to $20 million, if not much larger. Credit enhancements or letters of credit can often help to secure a rating from the rating agencies. Some bond authorities can finance projects with their own resources, aggregate them, and then refinance with a bond issue. Or, the bond authorities can work with a partner financing institution that can originate the clean energy loans, which then can be pooled together for refinancing with a bond sale.

Tax-Exempt Bond Financing for Nonprofit Organizations and Industries (2024)

FAQs

Can a 501c3 issue tax-exempt bonds? ›

A: This bond type is available only to qualified 501 (c)(3) organizations. As with other tax-exempt bonds, 501(c)(3) bonds benefit borrowers because they pay less interest on these bonds than they would on a taxable bond or bank loan.

Can nonprofits borrow money through bonds? ›

An Issuer may be authorized by statute to loan 501(c)(3) Bond proceeds to a Nonprofit for use on a project. When this form is used, the Nonprofit enters into a loan agreement with the Issuer and usually gives its note to evidence the loan. The Issuer will assign the loan agreement and note as security for the Bond.

What is tax-exempt bond financing? ›

"Tax-exempt" means that the interest component of bond debt service payments is exempt from federal and sometimes state and local income taxes for the bond holder.

Can nonprofits buy treasury bonds? ›

Nonprofits can invest in numerous different ways. Securities such as bonds, Treasury Bills, and mutual funds are often used as less risky investment types.

Are tax-exempt bonds risky? ›

Both general obligation bonds and revenue bonds are tax-exempt and low-risk, with issuers very likely to pay back their debts. Buying municipal bonds is low-risk, but not risk-free, as the issuer could fail to make agreed-upon interest payments or be unable to repay the principal upon maturity.

What is the IRS form for tax-exempt bonds? ›

More In Forms and Instructions

Issuers of tax-exempt private activity bonds use Form 8038 to provide the IRS with the information required by Internal Revenue Code section 149 and to monitor the requirements of Internal Revenue Code sections 141 through 150.

What are government bonds owned by nonprofit organization? ›

501 (c) (3) bonds are federal tax-exempt bonds municipal and state agencies, usually quasi-public authorities, issue on behalf of a nonprofit organization to finance a capital project or for other purposes permitted by the federal Internal Revenue Code (IRC).

Why would an organization issue bonds instead of borrowing from a bank? ›

Longer-term repayment options: Bonds typically have longer maturities compared to bank loans. This allows organizations to spread out their repayment obligations over an extended period, easing the short-term financial burden and improving cash flow management.

What does it mean to be bonded for a nonprofit organization? ›

Bonding insurance is utilized in the case of a bad actor who may cause financial loss or financial damage to the organization. It protects the nonprofit as it ensures your organization is reimbursed in most cases.

Who benefits from tax-exempt bonds? ›

The proceeds of the bonds are used to finance projects that benefit the community such as roads, schools, bridges, sewers, parks or water treatment. Most bonds issued by government agencies are tax-exempt.

How long do you have to spend tax-exempt bond proceeds? ›

Generally if all bond proceeds are spent within 6 months after the issue date, the rebate requirement is met and no rebate is due. The 6-month spending exception applies to all types of tax-exempt bonds, including 501(c)(3) bonds and other private activity bonds and applies to refunding as well as new money issues.

Do tax-exempt bonds have lower interest rates? ›

A tax-exempt bond is a promise by the governmental entity to pay back the principal amount of the bond with interest. Because the interest on tax-exempt bonds is not subject to federal income taxes, investors are willing to accept lower interest rates on the bonds.

Can a 501c3 issue bonds? ›

Qualified 501(c)(3) bonds are bonds issued under IRC § 145 to finance property OWNED BY: an organization described in IRC § 501(c)(3) (an “exempt organization”), OR • a governmental unit. The specific requirements for qualified 501(c)(3) bonds are provided in IRC § 145.

What are the investment options for nonprofit organizations? ›

A prudent way to serve as fiduciaries of a nonprofit's assets may be to invest some portion of the nonprofit's cash in investment vehicles such as stocks and bonds, money market funds, CDs, and other financial instruments.

Can a 501c3 invest in CDs? ›

The many options for nonprofit to invest include (in alphabetical order): CDs/CDARS: Certificates of deposit (CDs) are securities issued by banks that pay a set interest rate over the life of the issue. They can vary in maturity from three months to five years.

Can charities issue bonds? ›

The range of charities issuing charity bonds has grown too. While most support disadvantaged communities and individuals, some, like the Canal & River Trust, serve a broad base. The majority of charity bonds, by value, have been issued by organisations in housing (55%) and physical health (14%).

Are Treasury bonds tax-exempt? ›

Interest from Treasuries is generally taxable at the federal level, but not at the state level. Interest from munis is generally exempt from federal taxes, and if you live in the state where the bond was issued, the interest may also be exempt from state taxes.

Are private activity bonds tax-exempt? ›

Interest on a private activity bond is taxable unless the bond is a qualified private activity bond and meets other requirements, some of which apply to governmental bonds as well.

What is the difference between taxable and tax-exempt bond funds? ›

The main difference between a taxable municipal bond and a tax-exempt muni is that taxable munis pay interest income that's subject to federal and state income taxes, whereas tax-exempt munis pay interest income that's generally exempt from federal and state income taxes.

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