Nicholas J. (Nick) Anderson

Nick Anderson is chair of the Spencer Fane Tax Credit Finance and Opportunity Zones team. He advises business entities, real estate developers, nonprofit organizations, lenders, and investors on tax credit financing matters to efficiently structure and close business, finance, and real estate deals, helping them take advantage of opportunities ranging from simple to extremely complex incentives and programs. He is well-versed in tax credit transactions, including Low Income Housing Tax Credits, New Market Tax Credits, Historic Rehabilitation Tax Credits, Renewable Energy Tax Credits, Opportunity Zones, and a wide variety of state tax credit programs (including property assessed clean energy, or PACE / C-PACE, financings).

Often, Nick makes clients aware of development incentive opportunities that they might not have considered otherwise, frequently layering federal and state tax credits, state and federal grant programs, and other specialty financings to provide maximum financial benefits. Combining highly technical knowledge, responsiveness, and a communicative approach Nick strives to provide the highest level of client services regardless of the size of the project.

With a strong background in general corporate, federal tax, real estate, and financing legal matters, Nick focuses on understanding the goals and objectives of business clients and applying those when pursuing applicable development incentives. His broad-based tax experience includes corporate and partnership tax planning, taxation of financial products, private equity, lease financing, public finance and tax-exempt bonds, real estate, and exempt organizations. Additionally, he assists nonprofit organizations in receiving their tax-exempt status and advising them on governance and compliance matters.

All of this allows Nick to effectively and efficiently counsel clients, understand the financial and business operation impacts, and provide high-quality and efficient legal advice to clients.

Highlights of Nick’s experience include:

• Representing QALICBs, CDEs, and investors on New Markets Tax Credit financings, including transactions paired with Federal HTCs, state NMTCs, PACE / C-PACE financings, Opportunity Zones, and bond financings.
• Representing developers and investors on 4% and 9% LIHTC projects.
• Representing a CDE on first use of federal NMTC and state industrial recovery tax credit in a twinned transaction structure.
• Serving as bond counsel on 4% tax exempt bond financings for more than 10 affordable assisted living facilities throughout the state of Indiana.
• Representing tax credit equity investors on LIHTC and NMTC fund formations.
• Serving as tax credit equity counsel for investors in deploying approximately $1 billion in capital to projects receiving LIHTC, HTC, NMTC, and renewable energy tax credits.

Presentations and Publications

• Panelist, “Building the Capital Stack,” Novogradac  2022 Historic Tax Credit Conference, October 6-7, 2022
• Panelist, “NMTC Plus,” Novogradac 2022 Spring New Markets Tax Credit Conference, June 9-10, 2022
• Contributor, “Comments on Notice of Proposed Rule Making, Section 42 Low Income Housing Credit Average Income Test Regulations,” ABA’s Forum on Affordable Housing and Community Development Law, December 28, 2020
• Presenter, “Rebuilding Community Through Tax Policy,” TaxForward Conference, November 6, 2020
• Panelist, “Twinning HTCs With Other Credits,” Novogradac Conference, September 26, 2019
• Co-Author, “Reopening offices amid a global pandemic: A tenant’s view,” Colorado Real Estate Journal, August 5, 2020
• Co-Author, “Considerations for Business Owners as a Result of the New IRS Partnership Audit Rules,” Lexology, May 24, 2018

Community Involvement

• Denver Area IOWA Club, Board of Directors, Past President

Memberships

• American Bar Association
  • ABA Journal of Affordable Housing and Community Development Law, Associate Editor
• Colorado Bar Association
  • Tax Section Executive Council, Member
• Indiana State Bar Association
  • Tax Section Executive Council, Member

Contact Nick Anderson at 303.839.3745 or njanderson@spencerfane.com.