Year 15 Exit Pathways
Enter deal economics. The model computes the statutory Qualified Contract price per IRC §42(h)(6)(F), the ROFR minimum price (debt + exit taxes), and compares net proceeds across pathways.
Qualified Contract price breakdown (§42(h)(6)(F))
Exit pathway comparison
How Year 15 works
The LIHTC compliance period is 15 years (IRC §42(i)(1)). After Year 15, the property enters the Extended Use Period (EUP) — at least 15 more years of rent and income restrictions enforced via the Land Use Restriction Agreement (LURA). For investors, Year 15 is the typical exit point.
The Qualified Contract (QC) request
Per IRC §42(h)(6)(I), after Year 14 the owner may request the state HFA find a buyer at the statutory QC price. If the HFA can't find a buyer within 1 year, all LURA restrictions terminate and the property goes to market — but with a 3-year tenant protection period.
The QC price formula (§42(h)(6)(F)) has two parts: (A) the FMV of the non-low-income portion of the building, including proportionate land value (§42(h)(6)(F) opening clause — $0 when the applicable fraction is 100%), plus (B) the applicable fraction applied to the low-income components below:
- Outstanding debt on the building (principal + accrued interest)
- Adjusted investor equity = capital contributions × (1 + §1(f)(3) cost-of-living adjustment)
- Other capital contributions not reflected in the outstanding debt or adjusted investor equity (§42(h)(6)(F)(i)(III))
- Minus cash distributions from (or available for distribution from) the project (paid to investors during the compliance period)
The ROFR pathway
Under IRC §42(i)(7), if the partnership granted a right of first refusal to a qualified nonprofit (or government or tenant org), the ROFR price floor = qualifying outstanding debt + all federal, state, and local taxes attributable to the sale. Per §42(i)(7)(B)(i), qualifying debt excludes indebtedness incurred within the 5-year period ending on the date of sale to the tenants — a carve-out that prevents inflating the floor via recent refinancing. This is typically far below FMV and lets nonprofits acquire the property cheap to preserve affordability.
QC requests have been controversial — many state QAPs now require waiver of QC rights as a condition of allocation, enforceable under the 'more stringent requirements' clause of §42(h)(6)(E)(i)(II) and 26 CFR §1.42-18(a)(2). Always verify your LURA terms, the state's current QC procedures, and the LPA's QC waiver/ROFR language before modeling exits.