Tax-Advantaged Project Finance

Holland & Knight's Tax-Advantaged Project Finance Team has provided innovative public finance solutions since 1974.

We assist clients with tax-advantaged projects across a wide range of sectors, including economic development, education, energy, healthcare, housing, social service centers, senior living, transportation, utilities and public-private partnerships (P3s).

During the past five years, our team of more than 30 attorneys – located primarily in Florida, Georgia, North Carolina, New York, Texas and California – has served as counsel in over $30 billion in taxable and tax-exempt financings throughout the U.S.

Overview

Who We Are

Holland & Knight's Tax-Advantaged Project Finance Team has the state and national experience to assist our clients effectively and efficiently in today's complex public finance environment.

Team members routinely tap into the knowledge of approximately 2,200 attorneys and other professionals providing representation in more than 250 practice areas from 35 offices worldwide.

Our collaboration with Holland & Knight's Public-Private Partnerships Team allows clients to leverage our extensive and diverse experience in all aspects of P3 projects, from procurement laws and real estate to public finance, environmental regulations and taxation.

Our public policy colleagues, including in our Tallahassee, Atlanta and Washington, D.C., offices, keep the team informed on state and federal legislation and regulations so that our clients remain up to date through alerts, webinars, emails and conference calls.

We provide comprehensive tax analysis on yield, arbitrage, investments and spend-down requirements, as well as insights on changes to tax regulations. Our Litigation and Appellate teams are ready to handle bond validations and related appeals.

Members of Holland & Knight's Nonprofit and Tax-Exempt Organizations Team have an in-depth understanding of the corporate governance rules, finance laws, and tax laws and regulations that are unique to exempt organizations and use that knowledge to work closely with our team members in assisting nonprofit clients.

We deeply appreciate our clients and continuously seek opportunities to enhance the value we bring to every matter we undertake. As a result of this commitment, many of our tax-advantaged project finance clients have relied for decades on our extensive public finance knowledge and experience.

What We Do: Highlights

Economic Development and Tourism

Bond counsel for projects enhancing tourism, arts and culture, including aquariums and performing arts centers
Counsel for issuers and lenders financing spring training facilities and college sports stadiums
Bond, disclosure, underwriter's and developer's counsel for numerous community development and special districts
Bond counsel for a variety of multifamily housing projects
Counsel for underwriters, financial institutions and developers in transactions using tax-exempt and taxable bonds for public infrastructure and facilities throughout the U.S.

Transportation

Counsel to clients on federal legislative, regulatory and funding matters relating to transit systems
Bond counsel for transit authorities

Education/Senior Living/Not-for-Profit Lending

Bond, borrower's or disclosure counsel for institutions of higher education using tax-exempt and taxable bonds to finance and refinance capital projects
Bond, borrower's or underwriter's counsel using tax-exempt and taxable financings for charter schools and independent private schools
Bond, borrower's or underwriter's counsel using tax-exempt and taxable financings for senior living facilities
Bond, borrower's or lender's counsel for 501(c)(3) financings

Innovative Financing Techniques

Created and served as bond counsel for water cooperatives
Closed numerous financings under the U.S. Environmental Protection Agency's Water Infrastructure Finance and Innovation Act (WIFIA) loan program.
Created and served as bond counsel for water, wastewater, electric and gas utilities
Bond counsel and disclosure counsel for government-owned airports
Bond counsel for private activity bond financings by airline tenants and concessionaires
Lead counsel in connection with the receipt and administration of $1 billion in U.S. Department of Energy grant awards to implement the commercialization of hydrogen as a fuel source

P3s

Served as counsel for P3 projects relating to airports
Acted as counsel for the construction of various highways and roadways through P3 arrangements
Advised local governments on state and federal tax law matters relating to the financing aspects of P3 redevelopment projects
Counsel to governmental entities in connection with commuter rail projects, including the drafting of procurement and contract documents, facilitating the evaluation of proposals, helping ensure compliance with federal programs, and advising on claims avoidance and contract administration

Value-Added Client Services

Regular updates on IRS tax positions and legislative developments
Training for clients on post-issuance compliance obligations, including those relating to arbitrage rebate requirements, private use and continuing disclosure/material event requirement filings

Guidance You Can Trust

The combination of our thorough knowledge, our extensive experience and our sincere commitment to provide responsive service is why clients entrust our Financial Services Team to handle their legal needs. These attributes are also the reason why members of our team have been recognized among the top legal professionals in the country by leading publications, including:

Chambers USA – America's Leading Lawyers for Business recognized members of the following Holland & Knight practices as leaders in their fields: