Attached files
file | filename |
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EX-31 - BCTC V DECEMBER 2009 CERTIFICATION 302 - BF Garden Tax Credit Fund V L.P. | b51209cert302jpm.htm |
EX-32 - BCTC V DECEMBER 2009 CERTIFICATION 906 - BF Garden Tax Credit Fund V L.P. | b51209cert906jpm.htm |
EX-32 - BCTC V DECEMBER 2009 CERTIFICATION 906 - BF Garden Tax Credit Fund V L.P. | b51209cert906mnt.htm |
EX-31 - BCTC V DECEMBER 2009 CERTIFICATION 302 - BF Garden Tax Credit Fund V L.P. | b51209cert302mnt.htm |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q
(Mark One)
(X) QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15 (d) OF THE SECURITIES EXCHANGE ACT OF 1934.
For the quarterly period ended December 31, 2009
or
( ) TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 (d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the transition period from _______ to _______
Commission file number 333-109898
BOSTON CAPITAL TAX CREDIT FUND V L.P.
(Exact name of registrant as specified in its charter)
Delaware |
14-1897569 |
(State or other jurisdiction |
(I.R.S. Employer |
of incorporation or organization) |
Identification No.) |
One Boston Place, Suite 2100, Boston, Massachusetts 02108
(617) 624-8900
(Registrant's telephone number, including area code)
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
Yes ý |
No |
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).
Yes |
No |
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See definition of "large accelerated filer," "accelerated filer," and "smaller reporting company" in Rule 12b-2 of the Exchange Act (check one):
Large accelerated filer |
Accelerated filer |
Non-accelerated filer |
Smaller reporting company ý |
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).
Yes |
No ý |
BOSTON CAPITAL TAX CREDIT FUND V L.P.
QUARTERLY REPORT ON FORM 10-Q
FOR THE QUARTER ENDED DECEMBER 31, 2009
TABLE OF CONTENTS
PART I - FINANCIAL INFORMATION |
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Pages |
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Item 1. Financial Statements |
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Balance Sheets |
3-6 |
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Statements of Operations |
7-14 |
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Statements of Changes in Partners' |
15-16 |
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Statements of Cash Flows |
17-24 |
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Notes to Financial Statements |
25-32 |
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Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations |
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Item 3. Quantitative and Qualitative Disclosures About Market Risk |
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Item 4T. Controls and Procedures |
44 |
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PART II - OTHER INFORMATION |
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Item 1. Legal Proceedings |
45 |
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Item 1A. Risk Factors |
45 |
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Item 2. Unregistered Sales of Equity Securities and Use of Proceeds |
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Item 3. Defaults Upon Senior Securities |
45 |
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Item 4. Submission of Matters to a Vote of Security Holders |
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Item 5. Other Information |
45 |
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Item 6. Exhibits |
45 |
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Signatures |
46 |
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Boston Capital Tax Credit Fund V L.P.
BALANCE SHEETS
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December 31, |
March 31, |
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ASSETS |
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INVESTMENTS IN OPERATING PARTNERSHIPS |
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OTHER ASSETS |
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Cash and cash equivalents |
2,674,872 |
3,042,878 |
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Notes receivable |
1,195,718 |
1,694,976 |
Acquisition costs net |
8,019,903 |
8,286,275 |
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Other assets |
936,844 |
918,456 |
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$69,964,217 |
$74,139,649 |
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LIABILITIES |
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Accounts payable & accrued expenses |
$ 843 |
$ 843 |
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Accounts payable affiliates |
1,360,184 |
1,081,813 |
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Capital contributions payable |
2,543,945 |
3,065,745 |
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3,904,972 |
4,148,401 |
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PARTNERS' CAPITAL (DEFICIT) |
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Assignees |
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Units of limited partnership |
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General Partner |
(96,055) |
(86,225) |
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66,059,245 |
69,991,248 |
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$69,964,217 |
$74,139,649 |
The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
BALANCE SHEETS
Series 47
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December 31, |
March 31, |
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ASSETS |
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INVESTMENTS IN OPERATING PARTNERSHIPS |
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OTHER ASSETS |
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Cash and cash equivalents |
408,206 |
490,890 |
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Notes receivable |
155,857 |
155,857 |
Acquisition costs net |
2,362,115 |
2,441,693 |
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Other assets |
43,989 |
43,989 |
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$17,740,566 |
$18,789,629 |
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LIABILITIES |
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Accounts payable & accrued expenses |
$ 385 |
$ 385 |
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Accounts payable affiliates |
681,315 |
440,057 |
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Capital contributions payable |
291,632 |
288,745 |
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973,332 |
729,187 |
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PARTNERS' CAPITAL (DEFICIT) |
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Assignees |
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Units of limited partnership |
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General Partner |
(34,790) |
(31,557) |
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16,767,234 |
18,060,442 |
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$17,740,566 |
$18,789,629 |
The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
BALANCE SHEETS
Series 48
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December 31, |
March 31, |
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ASSETS |
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INVESTMENTS IN OPERATING PARTNERSHIPS |
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OTHER ASSETS |
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Cash and cash equivalents |
595,534 |
638,739 |
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Notes receivable |
155,857 |
155,857 |
Acquisition costs net |
1,591,590 |
1,644,331 |
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Other assets |
43,989 |
43,989 |
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$12,931,695 |
$13,637,923 |
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LIABILITIES |
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Accounts payable & accrued expenses |
$ 115 |
$ 115 |
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Accounts payable affiliates |
518,925 |
365,140 |
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Capital contributions payable |
493,763 |
490,876 |
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1,012,803 |
856,131 |
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PARTNERS' CAPITAL (DEFICIT) |
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Assignees |
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Units of limited partnership |
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General Partner |
(20,964) |
(18,807) |
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11,918,892 |
12,781,792 |
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$12,931,695 |
$13,637,923 |
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The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
BALANCE SHEETS
Series 49
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December 31, |
March 31, |
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ASSETS |
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INVESTMENTS IN OPERATING PARTNERSHIPS |
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OTHER ASSETS |
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Cash and cash equivalents |
1,671,132 |
1,913,249 |
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Notes receivable |
884,004 |
1,383,262 |
Acquisition costs net |
4,066,198 |
4,200,251 |
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Other assets |
848,866 |
830,478 |
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$39,291,956 |
$41,712,097 |
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LIABILITIES |
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Accounts payable & accrued expenses |
$ 343 |
$ 343 |
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Accounts payable affiliates |
159,944 |
276,616 |
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Capital contributions payable |
1,758,550 |
2,286,124 |
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1,918,837 |
2,563,083 |
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PARTNERS' CAPITAL (DEFICIT) |
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Assignees |
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Units of limited partnership |
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General Partner |
(40,301) |
(35,861) |
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37,373,119 |
39,149,014 |
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$39,291,956 |
$41,712,097 |
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The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF OPERATIONS
Three Months Ended December 31,
(Unaudited)
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Income |
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Interest income |
$ 914 |
$ 15,466 |
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Other income |
- |
19,200 |
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914 |
34,666 |
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Share of loss from Operating |
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Expenses |
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Professional fees |
13,005 |
34,197 |
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Fund management fee (Note C) |
257,101 |
275,607 |
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Amortization |
91,699 |
91,699 |
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General and administrative expenses |
28,087 |
37,440 |
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389,892 |
438,943 |
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NET LOSS |
$(1,282,662) |
$(1,698,642) |
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Net loss allocated to |
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Net loss allocated to |
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Net loss per BAC |
$ (.11) |
$ (.14) |
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The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF OPERATIONS
Three Months Ended December 31,
(Unaudited)
Series 47
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Income |
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Interest income |
$ 193 |
$ 2,735 |
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Other income |
- |
4,800 |
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193 |
7,535 |
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Share of loss from Operating |
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Expenses |
|
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Professional fees |
2,735 |
4,421 |
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Fund management fee (Note C) |
87,259 |
97,086 |
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Amortization |
27,554 |
27,554 |
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General and administrative expenses |
8,630 |
12,550 |
|
126,178 |
141,611 |
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NET LOSS |
$ (419,676) |
$ (540,876) |
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Net loss allocated to |
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Net loss allocated to |
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Net loss per BAC |
$ (.12) |
$ (.16) |
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The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF OPERATIONS
Three Months Ended December 31,
(Unaudited)
Series 48
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Income |
|
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Interest income |
$ 297 |
$ 3,419 |
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Other income |
- |
4,350 |
|
297 |
7,769 |
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Share of loss from Operating |
|
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|
|
|
|
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Expenses |
|
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Professional fees |
2,699 |
4,349 |
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Fund management fee (Note C) |
52,095 |
59,595 |
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Amortization |
17,946 |
17,946 |
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General and administrative expenses |
7,197 |
10,570 |
|
79,937 |
92,460 |
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NET LOSS |
$ (309,759) |
$ (333,646) |
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Net loss allocated to |
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Net loss allocated to |
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Net loss per BAC |
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The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF OPERATIONS
Three Months Ended December 31,
(Unaudited)
Series 49
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Income |
|
|
|
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Interest income |
$ 424 |
$ 9,312 |
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Other income |
- |
10,050 |
|
424 |
19,362 |
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Share of loss from Operating |
|
|
|
|
|
|
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Expenses |
|
|
|
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Professional fees |
7,571 |
25,427 |
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Fund management fee (Note C) |
117,747 |
118,926 |
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Amortization |
46,199 |
46,199 |
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General and administrative expenses |
12,260 |
14,320 |
|
183,777 |
204,872 |
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NET LOSS |
$ (553,227) |
$ (824,120) |
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Net loss allocated to |
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Net loss allocated to |
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Net loss per BAC |
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The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF OPERATIONS
Nine Months Ended December 31,
(Unaudited)
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Income |
|
|
|
|
Interest income |
$ 43,727 |
$ 76,742 |
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Other income |
- |
19,243 |
|
43,727 |
95,985 |
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Share of loss from Operating |
|
|
|
|
|
|
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Expenses |
|
|
|
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Professional fees |
95,710 |
138,321 |
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Fund management fee (Note C) |
798,091 |
815,049 |
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Amortization |
275,098 |
275,098 |
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General and administrative expenses |
75,781 |
99,836 |
|
1,244,680 |
1,328,304 |
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NET LOSS |
$(3,932,003) |
$(5,080,269) |
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Net loss allocated to |
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Net loss allocated to |
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Net loss per BAC |
$ (.33) |
$ (.43) |
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|
The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF OPERATIONS
Nine Months Ended December 31,
(Unaudited)
Series 47
|
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Income |
|
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|
|
Interest income |
$ 1,026 |
$ 16,726 |
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Other income |
- |
4,843 |
|
1,026 |
21,569 |
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Share of loss from Operating |
|
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|
|
|
|
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Expenses |
|
|
|
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Professional fees |
27,839 |
31,629 |
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Fund management fee (Note C) |
274,018 |
275,643 |
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Amortization |
82,663 |
82,663 |
|
General and administrative expenses |
24,014 |
32,862 |
|
408,534 |
422,797 |
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|
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NET LOSS |
$ (1,293,208) |
$(1,526,863) |
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Net loss allocated to |
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Net loss allocated to |
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Net loss per BAC |
$ (.37) |
$ (.44) |
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|
The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF OPERATIONS
Nine Months Ended December 31,
(Unaudited)
Series 48
|
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Income |
|
|
|
|
Interest income |
$ 1,390 |
$ 20,699 |
|
Other income |
- |
4,350 |
|
1,390 |
25,049 |
|
Share of loss from Operating |
|
|
|
|
|
|
|
Expenses |
|
|
|
|
Professional fees |
24,439 |
29,617 |
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Fund management fee (Note C) |
169,122 |
169,452 |
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Amortization |
53,840 |
53,840 |
|
General and administrative expenses |
19,832 |
29,297 |
|
267,233 |
282,206 |
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|
NET LOSS |
$ (862,900) |
$(1,032,707) |
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Net loss allocated to |
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Net loss allocated to |
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Net loss per BAC |
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|
The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF OPERATIONS
Nine Months Ended December 31,
(Unaudited)
Series 49
|
|
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|
|
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Income |
|
|
|
|
Interest income |
$ 41,311 |
$ 39,317 |
|
Other income |
- |
10,050 |
|
41,311 |
49,367 |
|
Share of loss from Operating |
|
|
|
|
|
|
|
Expenses |
|
|
|
|
Professional fees |
43,432 |
77,075 |
|
Fund management fee (Note C) |
354,951 |
369,954 |
|
Amortization |
138,595 |
138,595 |
|
General and administrative expenses |
31,935 |
37,677 |
|
568,913 |
623,301 |
|
|
|
|
|
NET LOSS |
$(1,775,895) |
$(2,520,699) |
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Net loss allocated to |
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Net loss allocated to |
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Net loss per BAC |
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|
|
The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF CHANGES IN PARTNERS' CAPITAL (DEFICIT)
Nine Months Ended December 31, 2009
(Unaudited)
|
|
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Partners' capital |
|
|
|
|
|
|
|
Net loss |
(3,922,173) |
(9,830) |
(3,932,003) |
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|
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|
Partners' capital |
|
|
|
|
|
|
|
The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF CHANGES IN PARTNERS' CAPITAL (DEFICIT)
Nine Months Ended December 31, 2009
(Unaudited)
|
|
General |
|
Series 47 |
|
|
|
Partners' capital |
|
|
|
Net loss |
(1,289,975) |
(3,233) |
(1,293,208) |
|
|
|
|
Partners' capital |
|
|
|
|
|
|
|
|
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General |
|
Series 48 |
|
|
|
Partners' capital |
|
|
|
Net loss |
(860,743) |
(2,157) |
(862,900) |
|
|
|
|
Partners' capital |
|
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|
|
|
|
|
|
|
General |
|
Series 49 |
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|
|
Partners' capital |
|
|
|
|
|
|
|
Net loss |
(1,771,455) |
(4,440) |
(1,775,895) |
|
|
|
|
Partners' capital |
|
|
|
|
|
|
|
The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF CASH FLOWS
Nine Months Ended December 31,
(Unaudited)
|
2009 |
2008 |
|||||
Cash flows from operating activities: |
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|
|||||
|
|
|
|||||
|
Net loss |
$(3,932,003) |
$(5,080,269) |
||||
|
Adjustments to reconcile loss to net cash (used in) provided by operating activities |
|
|
||||
|
Amortization |
275,098 |
275,098 |
||||
|
Distributions from Operating |
|
|
||||
|
Share of Loss from Operating |
|
|
||||
|
Changes in assets and liabilities |
|
|
||||
|
(Decrease) Increase in accounts |
|
|
||||
|
Decrease (Increase) in accounts receivable |
|
|
||||
|
(Decrease) Increase in accounts |
|
|
||||
|
|
|
|
||||
|
Net cash (used in) provided by |
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|
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|
|||||
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|||||
Cash flows from investing activities: |
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|
|||||
|
|
|
|||||
|
Capital contributions paid to |
|
|
||||
|
Investments |
- |
1,542,853 |
||||
Net cash (used in) provided by |
|
|
|||||
|
|
|
|||||
INCREASE (DECREASE) IN CASH AND |
|
|
|||||
|
|
|
|||||
Cash and cash equivalents, beginning |
3,042,878 |
2,254,324 |
|||||
|
|
|
|||||
Cash and cash equivalents, ending |
$ 2,674,872 |
$ 3,172,658 |
|||||
|
|
|
The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF CASH FLOWS
Nine Months Ended December 31,
(Unaudited)
|
2009 |
2008 |
||
Supplemental schedule of noncash |
|
|
||
investing and financing activities: |
|
|
||
|
|
|
||
The Fund has increased its |
|
|
||
|
|
|
|
|
The Fund applied notes receivable and |
|
|
||
|
|
|
|
|
The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF CASH FLOWS
Nine Months Ended December 31,
(Unaudited)
Series 47
|
2009 |
2008 |
|||||
Cash flows from operating activities: |
|
|
|||||
|
|
|
|||||
|
Net loss |
$ (1,293,208) |
$ (1,526,863) |
||||
Adjustments to reconcile loss to net cash (used in) provided by operating activities |
|||||||
|
Amortization |
82,663 |
82,663 |
||||
|
Distributions from Operating |
|
|
||||
|
Share of Loss from Operating |
|
|
||||
|
Changes in assets and liabilities |
|
|
||||
|
(Decrease) Increase in accounts |
|
|
||||
|
Decrease (Increase) in accounts receivable |
|
|
||||
|
(Decrease) Increase in accounts |
|
|
||||
|
|
|
|
||||
|
Net cash (used in) provided by |
|
|
||||
|
|
|
|||||
|
|
|
|||||
Cash flows from investing activities: |
|
|
|||||
|
|
|
|||||
|
Capital contributions paid to |
|
|
||||
|
Investments |
- |
549,566 |
||||
|
|
|
|
||||
|
Net cash (used in) provided by |
|
|
||||
|
|
|
|||||
INCREASE (DECREASE) IN CASH AND |
|
|
|||||
|
|
|
|||||
Cash and cash equivalents, beginning |
490,890 |
191,785 |
|||||
|
|
|
|||||
Cash and cash equivalents, ending |
$ 408,206 |
$ 538,481 |
|||||
|
|
|
|||||
|
|
|
The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF CASH FLOWS
Nine Months Ended December 31,
(Unaudited)
Series 47
|
2009 |
2008 |
||
Supplemental schedule of noncash |
|
|
||
investing and financing activities: |
|
|
||
|
|
|
||
The Fund has increased its |
|
|
||
|
|
|
|
|
The Fund applied notes receivable and |
|
|
||
|
|
|
|
|
|
The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF CASH FLOWS
Nine Months Ended December 31,
(Unaudited)
Series 48
|
2009 |
2008 |
||||||
Cash flows from operating activities: |
|
|
||||||
|
Net loss |
$ (862,900) |
$ (1,032,707) |
|||||
|
Adjustments to reconcile loss to net cash (used in) provided by operating activities |
|
|
|||||
|
Amortization |
53,840 |
53,840 |
|||||
|
Distributions from Operating |
|
|
|||||
|
Share of Loss from Operating |
|
|
|||||
|
Changes in assets and liabilities |
|
|
|||||
|
(Decrease) Increase in accounts |
|
|
|||||
|
Decrease (Increase) in accounts receivable |
|
|
|||||
|
(Decrease) Increase in accounts |
|
|
|||||
|
Net cash (used in) provided by |
|
|
|||||
|
|
|
||||||
|
|
|
||||||
Cash flows from investing activities: |
|
|
||||||
|
|
|
||||||
|
Capital contributions paid to |
|
|
|||||
|
Investments |
- |
619,045 |
|||||
|
|
|
|
|||||
Net cash (used in) provided by |
|
|
||||||
|
|
|
||||||
INCREASE (DECREASE) IN CASH AND |
|
|
||||||
|
|
|
||||||
Cash and cash equivalents, beginning |
638,739 |
204,135 |
||||||
|
|
|
||||||
Cash and cash equivalents, ending |
$ 595,534 |
$ 673,079 |
||||||
|
|
|
||||||
|
|
|
||||||
|
|
|
||||||
|
|
|
||||||
|
|
|
||||||
|
|
|
||||||
|
|
|
The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF CASH FLOWS
Nine Months Ended December 31,
(Unaudited)
Series 48
|
2009 |
2008 |
||
Supplemental schedule of noncash |
|
|
||
investing and financing activities: |
|
|
||
|
|
|
||
The Fund has increased its |
|
|
||
|
|
|
|
|
The Fund applied notes receivable and |
|
|
||
|
|
|
|
|
The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF CASH FLOWS
Nine Months Ended December 31,
(Unaudited)
Series 49
|
2009 |
2008 |
|||||
Cash flows from operating activities: |
|
|
|||||
|
|
|
|||||
|
Net loss |
$(1,775,895) |
$(2,520,699) |
||||
|
Adjustments to reconcile loss to net cash (used in) provided by operating activities |
|
|
||||
|
Amortization |
138,595 |
138,595 |
||||
|
Distributions from Operating |
|
|
||||
|
Share of Loss from Operating |
|
|
||||
|
Changes in assets and liabilities |
|
|
||||
|
(Decrease) Increase in accounts |
|
|
||||
|
Decrease (Increase) in accounts receivable |
|
|
||||
|
(Decrease) Increase in accounts |
|
|
||||
|
Net cash (used in) provided by |
|
|
||||
|
|
|
|||||
|
|
|
|||||
Cash flows from investing activities: |
|
|
|||||
|
|
|
|||||
|
Capital contributions paid to |
|
|
||||
|
Investments |
- |
374,242 |
||||
|
|
|
|
||||
|
Net cash (used in) provided by |
|
|
||||
|
|
|
|||||
INCREASE (DECREASE) IN CASH AND |
|
|
|||||
|
|
|
|||||
Cash and cash equivalents, beginning |
1,913,249 |
1,858,404 |
|||||
|
|
|
|||||
Cash and cash equivalents, ending |
$ 1,671,132 |
$ 1,961,098 |
|||||
|
|
|
|||||
|
|
|
|||||
|
|
|
|||||
|
|
|
The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
STATEMENTS OF CASH FLOWS
Nine Months Ended December 31,
(Unaudited)
Series 49
|
2009 |
2008 |
||
Supplemental schedule of noncash |
|
|
||
investing and financing activities: |
|
|
||
|
|
|
||
The Fund has increased its |
|
|
||
|
|
|
|
|
The Fund applied notes receivable and |
|
|
||
|
|
|
|
|
|
The accompanying notes are an integral part of this statement
Boston Capital Tax Credit Fund V L.P.
NOTES TO FINANCIAL STATEMENTS
December 31, 2009
(Unaudited)
NOTE A - ORGANIZATION
Boston Capital Tax Credit Fund V L.P. (the "Fund") was organized under the laws of the State of Delaware as of October 15, 2003, for the purpose of acquiring, holding, and disposing of limited partnership interests in operating partnerships which will acquire, develop, rehabilitate, operate and own newly constructed, existing or rehabilitated low-income apartment complexes ("Operating Partnerships"). The general partner of the Fund is Boston Capital Associates V LLC, a Delaware limited liability company. The members of the general partner are Boston Capital Companion Limited Partnership, a Massachusetts limited partnership, and John P. Manning, who is the managing member. Additional managers of the general partner are Jeffrey H. Goldstein and Marc N. Teal. The general partner of Boston Capital Companion Limited Partnership is Boston Capital Partners II Corporation whose sole shareholder is John P. Manning. John P. Manning is the principal of Boston Capital Partners, Inc.
The assignor limited partner is BCTC V Assignor Corp., a Delaware corporation which is wholly-owned by John P. Manning. The assignor limited partner was formed for the purpose of serving in that capacity for the Fund and will not engage in any other business. Units of beneficial interest in the limited partnership interest of the assignor limited partner will be assigned by the assignor limited partner by means of beneficial assignee certificates ("BACs") to investors and investors will be entitled to all the rights and economic benefits of a limited partner of the Fund, including rights to a percentage of the income, gains, losses, deductions, credits and distributions of the Fund.
A Registration Statement on Form S-11 and the related prospectus, as supplemented (the "Prospectus") were filed with the Securities and Exchange Commission and became effective January 2, 2004 in connection with a public offering ("Offering") in one or more series of a minimum of 250,000 BACs and a maximum of 7,000,000 BACs at $10 per BAC. On August 10, 2004 an amendment to Form S-11, which registered an additional 8,500,000 BACs for sale to the public in one or more series, became effective. As of December 31, 2009, subscriptions had been received and accepted by the Fund for 11,777,706 BACs representing capital contributions of $117,777,060.
The Offering, including information regarding the issuance of BACs in series, is described on pages 161 to 167 of the Prospectus, as supplemented, under the caption "The Offering", which is incorporated herein by reference.
Below is a summary of the BACs sold and total equity raised by series as of December 31, 2009:
Series |
Closing Date |
BACs Sold |
Equity Raised |
Series 47 |
April 30, 2004 |
3,478,334 |
$34,783,340 |
Series 48 |
August 12, 2004 |
2,299,372 |
$22,993,720 |
Series 49 |
April 29, 2005 |
6,000,000 |
$60,000,000 |
The Fund concluded its public offering of BACs in the Fund on April 29, 2005.
NOTE B - ACCOUNTING AND FINANCIAL REPORTING POLICIES
The condensed financial statements herein as of December 31, 2009, and for the nine months ended have been prepared by the Fund, without audit, pursuant to the rules and regulations of the Securities and Exchange Commission. The Fund accounts for its investments in Operating Partnerships using the equity method, whereby the Fund adjusts its investment cost for its share of each Operating Partnership's results of operations and for any distributions received or accrued. Costs incurred by the Fund in acquiring the investments in the Operating Partnerships are capitalized to the investment account.
The Fund's accounting and financial reporting policies are in conformity with generally accepted accounting principles and include adjustments in interim periods considered necessary for a fair presentation of the results of operations. Such adjustments are of a normal recurring nature. Certain information and footnote disclosures normally included in financial statements prepared in accordance with generally accepted accounting principles have been condensed or omitted pursuant to such rules and regulations. It is suggested that these condensed financial statements be read in conjunction with the financial statements and notes thereto included in the Fund's Annual Report on Form 10-K.
NOTE C - RELATED PARTY TRANSACTIONS
The Fund has entered into several transactions with various affiliates of the general partner, including Boston Capital Holdings Limited Partnership, Boston Capital Securities, Inc., and Boston Capital Asset Management L.P. as follows:
An annual fund management fee of .5 percent of the aggregate cost of all apartment complexes owned by the Operating Partnerships has been accrued to Boston Capital Asset Management L.P. Since reporting fees collected by the various series were added to reserves and not paid to Boston Capital Asset Management L.P., the amounts accrued are not net of reporting fees received. The fund management fee accrued for the quarters ended December 31, 2009 and 2008 are as follows:
|
2009 |
2008 |
Series 47 |
$ 97,086 |
$ 97,086 |
Series 48 |
59,595 |
59,595 |
Series 49 |
127,776 |
127,776 |
Total |
$ 284,457 |
$ 284,457 |
The fund management fees paid for the quarters ended December 31, 2009 and 2008 are as follows:
|
2009 |
2008 |
Series 47 |
$ 50,000 |
$ - |
Series 48 |
25,000 |
- |
Series 49 |
250,000 |
- |
Total |
$ 325,000 |
$ - |
The fund management fees paid for the nine months ended December 31, 2009 and 2008 are as follows:
|
2009 |
2008 |
Series 47 |
$ 50,000 |
$ 175,000 |
Series 48 |
25,000 |
125,000 |
Series 49 |
500,000 |
200,000 |
Total |
$ 575,000 |
$ 500,000 |
Boston Capital Tax Credit Fund V L.P.
NOTES TO FINANCIAL STATEMENTS - CONTINUED
December 31, 2009
(Unaudited)
NOTE D - INVESTMENTS IN OPERATING PARTNERSHIPS
At December 31, 2009 and 2008 the Fund has limited partnership interests in 50 Operating Partnerships, which own or are constructing apartment complexes.
The breakdown of Operating Partnerships within the Fund at December 31, 2009 and 2008 is as follows:
|
2009 |
2008 |
|
Series 47 |
15 |
15 |
|
Series 48 |
11 |
11 |
|
Series 49 |
24 |
24 |
|
Total |
50 |
50 |
|
The Fund's fiscal year ends March 31st for each year, while all the Operating Partnerships' fiscal years are the calendar year. Pursuant to the provisions of each Operating Partnership Agreement, financial results for each of the Operating Partnerships are provided to the Fund within 45 days after the close of each Operating Partnership's quarterly period. Accordingly, the financial results available for the Operating Partnerships are for the nine months ended September 30, 2009.
Boston Capital Tax Credit Fund V L.P.
NOTES TO FINANCIAL STATEMENTS - CONTINUED
December 31, 2009
(Unaudited)
NOTE D - INVESTMENT IN OPERATING PARTNERSHIPS - (continued)
COMBINED SUMMARIZED STATEMENTS OF OPERATIONS
Nine Months Ended September 30,
(Unaudited)
|
Total 2009 |
Total 2008 |
||
|
|
|
||
Revenues |
|
|
||
|
Rental |
$ 15,770,479 |
$ 14,494,327 |
|
|
Interest and other |
580,010 |
662,106 |
|
|
16,350,489 |
15,156,433 |
||
|
|
|
|
|
Expenses |
|
|
|
|
|
Interest |
3,578,317 |
3,853,968 |
|
|
Depreciation and amortization |
6,039,899 |
6,000,715 |
|
|
Operating expenses |
9,891,201 |
9,188,569 |
|
|
19,509,417 |
19,043,252 |
||
|
|
|
||
NET LOSS |
$(3,158,928) |
$(3,886,819) |
||
|
|
|
||
Net loss allocated to Boston Capital Tax Credit Fund V L.P.* |
|
|
||
|
|
|
||
Net loss allocated to other Partners |
|
|
* Amounts include $396,291 and $- for 2009 and 2008, respectively, of loss not recognized under the equity method of accounting.
The Fund accounts for its investments using the equity method of accounting. Under the equity method of accounting, the Fund adjusts its investment cost for its share of each Operating Partnership's results of operations and for any distributions received or accrued. However, the Fund recognizes individual operating losses only to the extent of capital contributions. Excess losses are suspended for use in future years to offset excess income.
Boston Capital Tax Credit Fund V L.P.
NOTES TO FINANCIAL STATEMENTS - CONTINUED
December 31, 2009
(Unaudited)
NOTE D - INVESTMENT IN OPERATING PARTNERSHIPS - (continued)
COMBINED SUMMARIZED STATEMENTS OF OPERATIONS
Nine Months Ended September 30,
(Unaudited)
|
Series 47 2009 |
Series 47 2008 |
||
|
|
|
||
Revenues |
|
|
||
|
Rental |
$ 6,410,110 |
$ 5,869,563 |
|
|
Interest and other |
221,538 |
201,230 |
|
|
6,631,648 |
6,070,793 |
||
|
|
|
|
|
Expenses |
|
|
|
|
|
Interest |
1,457,815 |
1,465,637 |
|
|
Depreciation and amortization |
2,048,959 |
1,979,510 |
|
|
Operating expenses |
4,019,520 |
3,762,651 |
|
|
7,526,294 |
7,207,798 |
||
|
|
|
||
NET LOSS |
$ (894,646) |
$(1,137,005) |
||
|
|
|
||
Net loss allocated to Boston Capital Tax Credit Fund V L.P. |
|
|
||
|
|
|
||
Net loss allocated to other Partners |
|
|
||
|
|
|
Boston Capital Tax Credit Fund V L.P.
NOTES TO FINANCIAL STATEMENTS
December 31, 2009
(Unaudited)
NOTE D - INVESTMENTS IN OPERATING PARTNERSHIPS (continued)
COMBINED SUMMARIZED STATEMENTS OF OPERATIONS
Nine Months Ended September 30,
(Unaudited)
|
Series 48 2009 |
Series 48 2008 |
||
|
|
|
||
Revenues |
||||
|
Rental |
$ 3,309,484 |
$ 3,186,322 |
|
|
Interest and other |
76,973 |
120,446 |
|
|
3,386,457 |
3,306,768 |
||
|
|
|
|
|
Expenses |
|
|
|
|
|
Interest |
739,218 |
823,285 |
|
|
Depreciation and amortization |
1,298,940 |
1,324,206 |
|
|
Operating expenses |
1,951,386 |
1,942,661 |
|
|
3,989,544 |
4,090,152 |
||
|
|
|
||
NET LOSS |
$ (603,087) |
$ (783,384) |
||
|
|
|
||
Net loss allocated to Boston Capital Tax Credit Fund V L.P. |
|
|
||
|
|
|
||
Net loss allocated to other Partners |
|
|
||
|
|
|
Boston Capital Tax Credit Fund V L.P.
NOTES TO FINANCIAL STATEMENTS
December 31, 2009
(Unaudited)
NOTE D - INVESTMENTS IN OPERATING PARTNERSHIPS (continued)
COMBINED SUMMARIZED STATEMENTS OF OPERATIONS
Nine Months Ended September 30,
(Unaudited)
|
Series 49 2009 |
Series 49 2008 |
||
|
|
|
||
Revenues |
|
|
||
|
Rental |
$ 6,050,885 |
$ 5,438,442 |
|
|
Interest and other |
281,499 |
340,430 |
|
|
6,332,384 |
5,778,872 |
||
|
|
|
|
|
Expenses |
|
|
|
|
|
Interest |
1,381,284 |
1,565,046 |
|
|
Depreciation and amortization |
2,692,000 |
2,696,999 |
|
|
Operating expenses |
3,920,295 |
3,483,257 |
|
|
7,993,579 |
7,745,302 |
||
|
|
|
|
|
NET LOSS |
$(1,661,195) |
$(1,966,430) |
||
|
|
|
|
|
Net loss allocated to Boston Capital Tax Credit Fund V L.P.* |
|
|
||
|
|
|
|
|
Net loss allocated to other Partners |
|
|
||
|
|
|
* Amounts include $396,291 and $- for 2009 and 2008, respectively, of loss not recognized under the equity method of accounting.
The Fund accounts for its investments using the equity method of accounting. Under the equity method of accounting, the Fund adjusts its investment cost for its share of each Operating Partnership's results of operations and for any distributions received or accrued. However, the Fund recognizes individual operating losses only to the extent of capital contributions. Excess losses are suspended for use in future years to offset excess income.
NOTE E - TAXABLE LOSS
The Fund's taxable loss for the calendar year ended December 31, 2009 is expected to differ from its loss for financial reporting purposes. This is primarily due to accounting differences in depreciation incurred by the Operating Partnerships and also differences between the equity method of accounting and the IRS accounting methods. No provision or benefit for income taxes has been included in these financial statements since taxable income or loss passes through to, and is reportable by, the partners and assignees individually.
NOTE F - SUBSEQUENT EVENT
Events that occur after the balance sheet date but before the financial statements were issued must be evaluated for recognition or disclosure. The effects of subsequent events that provide evidence about conditions that existed at the balance sheet date are recognized in the accompanying financial statements. Subsequent events, which provide evidence about conditions that existed after the balance sheet date, require disclosure in the accompanying notes. Management evaluated the activity of the Fund through February 16, 2010 (the date the financial statements were issued) and concluded that no subsequent events have occurred that would require recognition in the financial statements or disclosure in the notes to the financial statements.
Item 2. Management's Discussion and Analysis of Financial Condition and
Results of Operations
This Management's Discussion and Analysis of Financial Condition and Results of Operations contains forward-looking statements including our intentions, hopes, beliefs, expectations, strategies and predictions of our future activities, or other future events or conditions. These statements are "forward looking statements" within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, and are intended to be covered by the safe harbors created by these acts. Investors are cautioned that all forward-looking statements involve risks and uncertainty, including, for example, the factors identified in Part I, Item 1A. "Risk Factors" of our Annual Report on Form 10-K for the fiscal year ended March 31, 2009. Although we believe that the assumptions underlying these forward-looking statements are reasonable, any of the assumptions could be inaccurate, and there can be no assurance that the forward-looking statements included in this Report will prove to be accurate. In light of the significant uncertainties inherent in these forward-looking statements, the inclusion of this information should not be regarded as a representation by us or any other person that our objectives and plans will be achieved.
Liquidity
The Fund's primary source of funds is the proceeds of the Offering. Other sources of liquidity will include (i) interest earned on capital contributions held pending investment and on working capital, (ii) cash distributions from operations of the Operating Partnerships in which the Fund has and will invest and (iii) a line of credit. The Fund does not anticipate significant cash distributions from operations of the Operating Partnerships.
The Fund is currently accruing the fund management fee. Fund management fees accrued during the quarter ended December 31, 2009 were $284,457 and total fund management fees accrued as of December 31, 2009, were $1,360,184. During the quarter ended December 31, 2009, $325,000 of the accrued fund management fees were paid. Pursuant to the Partnership Agreement, these liabilities will be deferred until the Fund receives proceeds from sales of the Operating Partnerships, which will be used to satisfy these liabilities. The Fund's working capital and sources of liquidity coupled with affiliated party liability accruals allow sufficient levels of liquidity to meet the third party obligations of the Fund. The Fund is currently unaware of any trends which would create insufficient liquidity to meet future third party obligations of the Fund.
Capital Resources
The Fund offered BACs in the Offering declared effective by the Securities and Exchange Commission on January 2, 2004. The Fund received $34,783,340, $22,993,720 and $60,000,000 representing 3,478,334, 2,299,372 and 6,000,000 BACs from investors admitted as BAC Holders in Series 47, Series 48 and Series 49, respectively, as of December 31, 2009.
Series 47
The Fund commenced offering BACs in Series 47 on January 2, 2004. Offers and sales of BACs in Series 47 were completed on April 30, 2004. The Fund has committed proceeds to pay initial and additional installments of capital contributions to 15 Operating Partnerships in the amount of $26,407,255.
During the quarter ended December 31, 2009, Series 47 did not record any releases of capital contributions. Series 47 has outstanding contributions payable to 2 Operating Partnerships in the amount of $291,632 as of December 31, 2009. Of the total amount outstanding, $155,857 has been loaned or advanced to the Operating Partnerships. The loans and advances will be converted to equity and the remaining contributions of $135,775 will be released when the Operating Partnerships have achieved the conditions set forth in their respective partnership agreements.
Series 48
The Fund commenced offering BACs in Series 48 on May 11, 2004. Offers and sales of BACs in Series 48 were completed on August 12, 2004. The Fund has committed proceeds to pay initial and additional installments of capital contributions to 11 Operating Partnerships in the amount of $17,450,063.
During the quarter ended December 31, 2009, Series 48 did not record any releases of capital contributions. Series 48 has outstanding contributions payable to 2 Operating Partnerships in the amount of $493,763 as of December 31, 2009. Of the total amount outstanding, $155,857 has been loaned or advanced to the Operating Partnerships. The loans and advances will be converted to equity and the remaining contributions of $337,906 will be released when the Operating Partnerships have achieved the conditions set forth in their respective partnership agreements.
Series 49
The Fund commenced offering BACs in Series 49 on August 24, 2004. Offers and sales of BACs in Series 49 were completed on April 29, 2005. The Fund has committed proceeds to pay initial and additional installments of capital contributions to 24 Operating Partnerships in the amount of $45,728,155.
During the quarter ended December 31, 2009, Series 49 did not record any releases of contributions. Series 49 has outstanding contributions payable to 6 Operating Partnerships in the amount of $1,758,550 as of December 31, 2009. Of the total amount outstanding, $1,619,127 has been loaned or advanced to the Operating Partnerships. The loans and advances will be converted to equity and the remaining contributions of $139,423 will be released when the Operating Partnerships have achieved the conditions set forth in their respective partnership agreements.
Results of Operations
As of December 31, 2009 the Fund held limited partnership interests in 50 Operating Partnerships. In each instance the apartment complex owned by the applicable Operating Partnership is eligible for the federal housing tax credit. Initial occupancy of a unit in each apartment complex which complied with the minimum set-aside test (i.e., initial occupancy by tenants with incomes equal to no more than a certain percentage of area median income) and the rent restriction test (i.e., gross rent charged tenants does not exceed 30% of the applicable income standards) is referred to as "Qualified Occupancy." Each of the Operating Partnerships and each of the respective apartment complexes are described more fully in the Prospectus or applicable report on Form 8-K. The general partner of the Fund believes that there is adequate casualty insurance on the properties.
The Fund incurred a fund management fee to Boston Capital Asset Management Limited Partnership in an amount equal to .5 percent of the aggregate cost of the apartment complexes owned by the Operating Partnerships, less the amount of certain asset management and reporting fees paid by the Operating Partnerships. The fund management fees incurred and the reporting fees paid by the Operating Partnerships for the three and nine months ended December 31, 2009 are as follows:
3 Months |
3 Months Reporting Fee |
9 Months |
9 Months Reporting Fee |
|
Series 47 |
$ 97,086 |
$ 9,827 |
$291,258 |
$17,240 |
Series 48 |
59,595 |
7,500 |
178,785 |
9,663 |
Series 49 |
127,776 |
10,029 |
383,328 |
28,377 |
|
$284,457 |
$27,356 |
$853,371 |
$55,280 |
The Fund's investment objectives do not include receipt of significant cash distributions from the Operating Partnerships in which it has invested or intends to invest. The Fund's investments in Operating Partnerships have been and will be made principally with a view towards realization of federal housing tax credits for allocation to its partners and BAC holders.
Series 47
As of December 31, 2009 and 2008, the average Qualified Occupancy was 100%. The series had a total of 15 properties at December 31, 2009, all of which were at 100% Qualified Occupancy.
For the nine month periods ended December 31, 2009 and 2008, Series 47 reflects a net loss from Operating Partnerships of $(894,646) and $(1,137,005), respectively, which includes depreciation and amortization of $2,048,959 and $1,979,510, respectively. This is an interim period estimate; it is not indicative of the final year-end results.
CP Continental L.P. (Time Square on the Hill) is a 200-unit family development located in Fort Worth, TX. Despite an average physical occupancy of 94% in 2008, the property operated below breakeven due to low economic occupancy coupled with high operating expenses; specifically, administrative, maintenance and utilities. Although occupancy has averaged 93% through the fourth quarter of 2009 and was 93% as of year end, the property experienced some occupancy fluctuation due to several tenant evictions caused by non-payment of rent and incurred extra costs in turning vacant units. Due to an increase in the cost of health insurance, other benefits and advertising costs, the administrative expenses were higher than budgeted. Utility expenses in 2009 increased slightly over 2008 levels, due to an increase in water/sewer rates in Tarrant County. To reduce utility expenses, management organized information seminars for residents on reducing water consumption. In addition, management puts out a monthly newsletter that outlines various energy conservation tips. Through the fourth quarter of 2009, the property has operated slightly below breakeven. The property's mortgage, real estate taxes, and insurance are current. After rental achievement, the operating general partner is obligated to promptly advance funds to eliminate any operating deficit. The operating general partner shall not be obligated to have subordinated loans outstanding at any time in excess of $542,490. The management company, an affiliate of the operating general partner, is deferring all fees until operations improve.
Marion Apartments-Osceola, LP (Village Glen Apartments) is a 32-unit family property located in Marion, MI. Operations were below breakeven in 2007 and 2008, but have steadily improved since the hiring of a new site manager in late 2008. The property averaged 97% occupancy in 2009 and ended the year at 97% as of December 31, 2009, with above breakeven operations. The mortgage, real estate taxes and insurance payments are all current.
McEver Vineyards LP (McEver Vineyards Apartments) is a 220-unit family property located in Gainesville, GA. Occupancy averaged 93% in 2008, but began declining in the second half of the year after several area food processing plants closed. As a result, there were a total of 121 early move-outs in 2008 causing increased bad debt and high legal and turnover expenses that prevented the property from operating above breakeven. The market is very price-sensitive and competing properties dropped rents by as much as $100 in early 2009. McEver Vineyards was slow to decrease their rents to remain competitive and lost many residents to competing properties. Occupancy declined from a high of 95% in February to a low of approximately 77% in October 2009. The expenses associated with continued high turnover have caused operations to remain below breakeven. The mortgage has been in default since October 2009. The operating general partner is currently in negotiations with the lender in an effort to restructure the debt in order to improve cash flow. A representative of the investment general partner visited the site in October 2009 and concluded that the property is suffering from lack of proactive management and marketing efforts. Areas of needed improvement included: setting up a model apartment, increased advertising, increased staffing, opening on weekends and improving the curb appeal of the property. In addition, only ten of the fifty vacant units were rent ready and most of the amenities offered at the site were in need of repair. Management has begun to implement those strategies, which together with offering concessions of $100 off for 6 months if leased in December, have helped the property end the year 90% occupied. Operations, however, remain below breakeven due to the reduced rents. The property's real estate taxes were due on December 31, 2009, but have not been paid. The investment general will be sending a notice of demand to the operating general partner in January 2010 requesting that taxes be brought current within 30 days. The investment general partner will continue to prompt the operating general partner to fund all deficits as required under the terms of the Operating Partnership Agreement in order to improve operations. The investment general partner will continue to work with the operating general partner and lender in an effort to restructure the mortgage and bring operations to breakeven status. However, the investment general partner is also exploring possible replacements for the operating general partner in the event that the current operating general partner is unable to meet their obligations to the Operating Partnership. The operating general partner's operating deficit guarantee is unlimited in time and amount.
Marble Fall Vistas Apartments L.P. (Vistas Apartments) is a 124-unit family property located in Marble Falls, TX. The property experienced an increase in vacancy in 2009 caused by a soft employment and rental market. The local economy continues to struggle, and many employers have relocated or reduced their work force. Evictions at the property rose when many residents lost their means of employment and could no longer meet their rent obligations. Occupancy was 85% as of year end 2009. The operating general partner increased marketing in 2009 by adding new signage and increasing the property's newspaper and on-line presence. To minimize turnover and boost resident retention, management continues to organize monthly social events at the property. The operating general partner is also using tenant referral incentives to help increase occupancy. Despite an average occupancy of 87% in 2009, the property is operating above breakeven. The property is exempt from paying real estate taxes and operating expenses continue to be below the investment general partner's state average expense per unit. The mortgage and insurance payments are current.
Hillsboro Fountainhead, LP (Pecan Creek Apartments) is a 48-unit family property located in Hillsboro, TX. Occupancy averaged 85% in 2008 with below breakeven operations. The local economy has struggled with widespread layoffs in the retail industry, most notably at the Outlet Mall and Walmart. In addition, gas well exploration has halted, farm labor has declined due to poor crop production, and fast food chains have cut hours in order to control costs as a result of the minimum wage increase. Federal funding for new Section 8 vouchers has not been increased since August 2008. People generally cannot afford to lease at the property without the assistance of Section 8 vouchers. This has made leasing units as they become vacant very difficult. Also, utility allowances were increased in October 2009 while rents have stayed the same or declined, meaning net cash to the site has decreased. The lack of federal funds has forced many families to move in with relatives or friends as rents are no longer affordable. Other area Low-Income Housing Tax Credit competitors report occupancy rates in the 70%-80% range. The property is in excellent condition and all vacant units are rent ready. Management works with local churches, other property owners, and law enforcement agencies in an effort to attract tenants that will meet the rental requirements. The property is a member of the Hillsboro Crime Free Multi-Housing Program and has been successful in keeping crime and drug activity off the site. Occupancy at the end of the fourth quarter of 2009 was 81% with below breakeven operations. All real estate tax, insurance and mortgage payments are current.
Series 48
As of December 31, 2009 and 2008, the average Qualified Occupancy was 100%. The series had a total of 11 properties at December 31, 2009, all of which were at 100% Qualified Occupancy.
For the nine month periods ended December 31, 2009 and 2008, Series 48 reflects a net loss from Operating Partnerships of $(603,087) and $(783,384), respectively, which includes depreciation and amortization of $1,298,940 and $1,324,206, respectively. This is an interim period estimate; it is not indicative of the final year-end results.
Wyndam-Emporia Partners, LP (Wyndam Place Senior Residences) is a 42-unit elderly development, located in Emporia, Kansas. A site visit was conducted in August 2009, and revealed that the property has a very favorable physical appearance and good curb appeal. Occupancy averaged 90% in 2008 and has increased to 98% as of December 31, 2009. The property is operating below breakeven through December due to ongoing and unplanned expenses attributed to tax assessments and other legal matters. The property successfully appealed their 2008 assessment, and provided a tax bill to confirm the actual 2009 tax amount was approximately $10,000 less than the original budgeted amount. Subsequently, the 2010 budget has been revised to reflect the reduced figure. The State of Kansas has also imposed an additional new franchise tax on the property. Management is researching and planning to hire legal representation to assist in reducing excessive taxes that are being imposed on low income Section 42 properties.
The local economy in Emporia has experienced negative effects due to two of the largest employers reducing their work force by approximately 2,600 jobs in 2009. The loss of jobs in the area has made it difficult for seniors to sell their homes. The property rents are also higher than the area fair market rents, which has caused other potential applicants to rent from the local housing authority at lower rents. The property has been unable to meet rental achievement due to the permanent loan amount being higher than the underwritten amount. The investment general partner has remaining equity that will be released (in the form of a promissory note) in conjunction with the operating general partner reducing their principal debt balance to the original underwritten level. The investment general partner and operating general partner have initiated discussions on analyzing the 2009 operating results with a goal of working towards rental achievement in 2010. Accounts payable consists mainly of accrued asset management and partnership fees. Trade payable balances are nominal. The mortgage payments, taxes, and insurance are all current.
McEver Vineyards LP (McEver Vineyards Apartments) is a 220-unit family property located in Gainesville, GA. Occupancy averaged 93% in 2008, but began declining in the second half of the year after several area food processing plants closed. As a result, there were a total of 121 early move-outs in 2008 causing increased bad debt and high legal and turnover expenses that prevented the property from operating above breakeven. The market is very price-sensitive and competing properties dropped rents by as much as $100 in early 2009. McEver Vineyards was slow to decrease their rents to remain competitive and lost many residents to competing properties. Occupancy declined from a high of 95% in February to a low of approximately 77% in October 2009. The expenses associated with continued high turnover have caused operations to remain below breakeven. The mortgage has been in default since October 2009. The operating general partner is currently in negotiations with the lender in an effort to restructure the debt in order to improve cash flow. A representative of the investment general partner visited the site in October 2009 and concluded that the property is suffering from lack of proactive management and marketing efforts. Areas of needed improvement included: setting up a model apartment, increased advertising, increased staffing, opening on weekends and improving the curb appeal of the property. In addition, only ten of the fifty vacant units were rent ready and most of the amenities offered at the site were in need of repair. Management has begun to implement those strategies, which together with offering concessions of $100 off for 6 months if leased in December, have helped the property end the year 90% occupied. Operations, however, remain below breakeven due to the reduced rents. The property's real estate taxes were due on December 31, 2009, but have not been paid. The investment general will be sending a notice of demand to the operating general partner in January 2010 requesting that taxes be brought current within 30 days. The investment general partner will continue to prompt the operating general partner to fund all deficits as required under the terms of the Operating Partnership Agreement in order to improve operations. The investment general partner will continue to work with the operating general partner and lender in an effort to restructure the mortgage and bring operations to breakeven status. However, the investment general partner is also exploring possible replacements for the operating general partner in the event that the current operating general partner is unable to meet their obligations to the Operating Partnership. The operating general partner's operating deficit guarantee is unlimited in time and amount.
Series 49
As of December 31, 2009 and 2008, the average Qualified Occupancy was 100%. The series had a total of 24 properties at December 31, 2009, all of which were at 100% Qualified Occupancy.
For the nine month periods ended December 31, 2009 and 2008, Series 49 reflects a net loss from Operating Partnerships of $(1,661,195) and $(1,966,430), respectively, which includes depreciation and amortization of $2,692,000 and $2,696,999, respectively. This is an interim period estimate; it is not indicative of the final year-end results.
Post Oak East LP (Post Oak East Apartments) is a 240-unit family property located in Fort Worth, Texas. Occupancy was 85% as of December 31, 2009. The property continues to operate below breakeven through the fourth quarter of 2009 due to low occupancy and high operating expenses. The property has struggled to maintain stable occupancy due to the current market conditions and local competition coupled with poor management. Operating expenses are high due to bad debt, turnover costs, and maintenance expenses. Post Oak Apartments has been experiencing higher resident turnover than expected, primarily because of delinquency and evictions. Most evicted residents lost their means of employment and could no longer meet their rental obligations. Also, there are a number of comparably priced market rate communities in the immediate vicinity, some of which have better amenities and offer significant concessions. Furthermore, poor management has contributed to low occupancy, escalation of bad debt, and high operating expenses. The operating general partner addressed the problem by replacing the management company in August of 2008. The new management has implemented a comprehensive marketing and resident retention program in an effort to increase occupancy and find more qualified residents. They also implemented a "no tolerance" policy to enforce collection rules. Residents are now charged for damages and lease violations, and are being evicted if necessary. Management has increased marketing efforts and continues to reach out to local businesses to try to increase occupancy. Flyers and postcards are frequently distributed to various employers, businesses, housing-related service agencies, and community organizations. The property manager is also taking a personal approach by meeting with each new resident and following up with them on a regular basis to see if the resident is happy. Management is also collecting delinquent rent on the fourth day of the month by walking the property and knocking on doors. In addition, the operating general partner has received approval from the Texas Department of Housing and Community Affairs to increase the rent restriction on the 38 units that were at the 30% income level to the 60% income level. This will result in increased income in 2010. To reduce turnover and minimize turnover expenses, management is currently offering to paint units and install new carpets to entice residents to renew their leases. Management has also added concessions and other incentives to improve occupancy. Management is currently offering reduced rents on one-bedroom and three-bedroom apartments, a $250 resident referral gift card, and a "look and lease" special of a $100 gift card. To minimize turnover and boost resident retention, management continues to organize monthly social events at the property.
As the result of low economic occupancy and not meeting the lender's requirements for conversion, the property has not been able to convert from the construction mortgage as originally projected. The bank has granted the Operating Partnership a second extension of the construction loan through February 16, 2010. Currently, the operating general partner is exploring all available options to take out the construction debt. The operating general partner has an unlimited guarantee until Rental Achievement. Rental Achievement is defined as a 1.15 debt service coverage ratio for three consecutive months. Once Rental Achievement occurs, the operating general partner is obligated until the third anniversary of Rental Achievement to advance funds to eliminate operating deficits in an amount not to exceed $1,000,000. The investment limited partner continues to monitor this situation to ensure the property converts to permanent financing. The property's construction mortgage, real estate tax and insurance payments are current.
Columbia Blackshear Senior Residences L.P. (Columbia Blackshear Senior Residences) is a 78-unit senior development located in Atlanta, GA. Substantial delays were encountered during the construction period. The Operating Partnership's reservation expiration date was shifted from December 31, 2006, to December 31, 2007, allowing ample time to complete construction without jeopardizing the Operating Partnership's allocation of tax credits. Construction was completed in July of 2007, six months behind schedule. The property achieved 100% qualified occupancy as of November 30, 2007, and was able to deliver the required credits for 2007. The property converted to a permanent mortgage on December 15, 2008. The property maintained an average occupancy of 97% in 2008, with above breakeven operations for the year. As of December 31, 2009, occupancy is 97% and the property continues to operate above breakeven. The investment general partner conducted a site inspection in September 2009, and found that the property is very well maintained and is a highly sought-after residence for seniors in the area.
The Gardens of Athens, LP (The Garden of Athens) is a 36-unit elderly development located in Athens, Texas. Occupancy has been strong since lease-up in 2006, averaging 100% in 2007, 2008, and 2009. The property operated just slightly below breakeven through the third quarter of 2009. Despite fairly strong operations, a shortfall of approximately $200,000 between the balance of the construction loan and the originally underwritten permanent loan principal resulted in a conversion delay. After several extensions to the term of the construction loan, the original permanent lender, which is also the construction lender, withdrew its commitment to provide permanent financing, and on May 6, 2008, issued a notice of default under the construction loan, due to an expiration of the loan's term. The lender later agreed to extend the term of the construction loan through January 2010 and the Operating Partnership has been making the debt payments required under the construction loan.
The operating general partner has received a commitment from a new permanent mortgage lender. The proposed loan will be guaranteed by Rural Development under Section 538 and must be approved by RD. The application for the 538 loan was submitted to RD in September 2008 and was approved in the first quarter of 2009. However, the $200,000 shortfall between construction and permanent debt remains under this new loan. The lender has submitted a supplemental loan application for approximately $100,000 of the shortfall for which approval was received in October 2009. The property's current operations show that the property can support the proposed permanent debt and the supplemental debt under the proposed loan terms. The remaining $100,000 shortfall will be funded by a loan of remaining investment partnership equity of approximately $45,000; funds from the operating general partner and Operating Partnership of $10,000; and a loan from the reserves of the investment partnership in the amount of $45,000. The equity loan of $45,000 from the investment partnership will convert to contributed equity upon the Operating Partnership's achievement of certain benchmarks and the loan from the investment partnership's reserves will be payable from cash flow and/or a capital transaction. Because formal written approval of the supplemental debt was not received in the third quarter, the conversion to permanent financing was delayed, but conversion is expected to occur in January 2010. In 2008, the Operating Partnership was delinquent on its 2007 real estate taxes. In an effort to delay further proceedings by the tax authority, the construction lender paid the taxes and added the amount of approximately $20,000 to the principal balance of the construction loan.
This property is part of a portfolio, which includes several troubled properties. Over the last two years, the operating general partner has explored a number of alternatives to raise cash and recapitalize the portfolio. However, none have been successful and the investment general partner now believes a recapitalization is not likely. The investment general partner is considering a number of options for the Gardens of Athens partnership, including i) removing the current operating general partner and inserting a replacement operating general partner; or ii) allowing the current operating general partner to remain in control in exchange for an agreement making it easier to remove the operating general partner in the event the property's operations deteriorate.
Rosewood Place, LLC (Rosewood Senior Apartments) is a 144-unit elderly development in Lenexa, Kansas. Construction cost overruns and delays pushed lease-up back by more than seven months. The property reached initial full occupancy in November 2007 and occupancy was strong through the first quarter of 2008; however, it slipped to 87% by June 2008. The average occupancy for 2008 and 2009 was 88%. Operations were below breakeven for 2008 and have remained below breakeven through 2009.
In the second quarter of 2007, the general contractor for the construction of the property filed a lien for non-payment of the construction retainage. In February 2008, after arbitration, the contractor was awarded approximately $310,000. The operating general partner did not have resources to pay the judgment. Because of the existence of this lien and delinquent real estate taxes, the lender issued a default notice on August 20, 2007.
Upon receipt of the default notice, the investment general partner began discussions with the lender regarding a debt restructure. Several proposals have been made, but the general outline of them has been that the investment general partner would appeal the real estate taxes (a $33,000 per annum reduction was obtained in the first quarter of 2009), bring in a replacement operating general partner and arrange for the investment limited partner to make an additional $450,000 contribution from the investment partnership reserves. These funds would be used to resolve the contractor's lien at a discount, and pay down payables and past due taxes. The lender would agree to a debt service reduction that would result in a 1.15 debt service coverage ratio based on the property's current operating performance. The lender indicated that it would consider this proposal, but in the meantime has initiated foreclosure proceedings so as to preserve its rights under the loan documents.
In July 2009, the contractor filed for a motion for summary judgment, requesting foreclosure of the mechanic's lien. However, the contractor remains open to discounted payoff of its lien, because its judgment would be rendered worthless by a foreclosure by the first mortgagee, and has suggested it might consider taking the role of replacement operating general partner in settlement for its judgment.
In the fourth quarter of 2009, the operating general partner notified the lender that it may have identified a new lender to refinance the debt. Although no formal forbearance agreement has been entered into, the lender has temporarily delayed the foreclosure to give the operating general partner time to work on this refinancing possibility. However, if the operating general partner does not demonstrate significant progress with the refinance within the first month or two of 2010, the investment general partner believes the lender will either recommence foreclosure actions, at which time the investment general partner will request the lender to reconsider the proposal previously made and outlined above.
This property is part of a portfolio, which includes several troubled properties. Over the last two years, the operating general partner's financial position has deteriorated and his ability to recapitalize any of his properties appears doubtful. The investment general partner is actively working to restructure the debt, as discussed above, and insert a replacement operating general partner in connection with the debt restructure. If resolution on a debt restructure can be reached, the investment general partner anticipates such resolution to occur in the first quarter of 2010. If the lender declines to restructure the debt, it is likely that the property will be foreclosed in the first quarter of 2010. In the 2010 foreclosure scenario, there would be estimated recapture and interest relating to credits previously claimed of $615,072, as well as an estimated loss of future tax credits for this property of $3,854,295. This represents credit loss of $735 and recapture of $68, respectively, per 1,000 BACs.
Linden-Shawnee Partners, LP (Linden's Apartments) is a 54-unit family development, located in Shawnee, OK. Occupancy averaged 92% in 2008, but decreased to an average of 82% during the third quarter of 2009. The local economy in Shawnee experienced negative effects due to decreasing employment levels, causing the local resident population to seek employment in Oklahoma City where there were more available job opportunities. The property rents are lower than the area fair market rents. This prompted management to target the competing properties by sending a mass-mailing to over 700 residences to promote lower rents at Linden's Apartments. The mailing revealed that of those 700 apartments, at least 85 units were vacant as the mailings were returned. Management sent another mass-mailing in October, 2009 to over 500 units with slightly lower rents to better determine market conditions. The mailing was to all rental units excluding nursing homes. Incentives included two months free rent, contingent upon executing leases by the end of October, which resulted in eleven move-ins in the fourth quarter. In order to increase visibility of the property from the street, management cleared trees in between the property and the road in the fall of 2009. These assertive leasing initiatives proved to be effective as the occupancy level rebounded to 94% by December of 2009. Even with the decrease in overall 2009 average occupancy, the property continued to operate above breakeven. The mortgage payments, taxes, and insurance are all current.
Marble Fall Vistas Apartments L.P. (Vistas Apartments) is a 124-unit family property located in Marble Falls, TX. The property experienced an increase in vacancy in 2009 caused by a soft employment and rental market. The local economy continues to struggle, and many employers have relocated or reduced their work force. Evictions at the property rose when many residents lost their means of employment and could no longer meet their rent obligations. Occupancy was 85% as of year-end 2009. The operating general partner increased marketing in 2009 by adding new signage and increasing the property's newspaper and on-line presence. To minimize turnover and boost resident retention, management continues to organize monthly social events at the property. The operating general partner is also using tenant referral incentives to help increase occupancy. Despite an average occupancy of 87% in 2009, the property is operating above breakeven. The property is exempt from paying real estate taxes and operating expenses continue to be below the investment general partner's state average expense per unit. The mortgage and insurance payments are current.
Off Balance Sheet Arrangements
None.
Principal Critical Accounting Policies and Estimates
The financial statements are prepared in accordance with accounting principles generally accepted in the United States of America (GAAP), which require the Fund to make various estimates and assumptions. The following section is a summary of some aspects of those accounting policies that may require subjective or complex judgments and are most important to the portrayal of the Fund's financial condition and results of operations. The Fund believes that there is a low probability that the use of different estimates or assumptions in making these judgments would result in materially different amounts being reported in the financial statements.
The Fund is required to assess potential impairments to its long-lived assets, which are primarily investments in limited partnerships. The Fund accounts for its investment in limited partnerships in accordance with the equity method of accounting since the Fund does not control the operations of the Operating Partnerships. The purpose of an impairment analysis is to verify that the real estate investment balance reflected on the balance sheet does not exceed the value of the underlying investments.
If the book value of the Fund's investment in an Operating Partnership exceeds the estimated value derived by management, which generally consists of the remaining future Low-Income Housing Credits allocable to the Fund and the estimated residual value to the Fund, the Fund reduces its investment in the Operating Partnership and includes this reduction in equity in loss of investment of limited partnerships.
The main reason an impairment loss typically occurs is that the annual operating losses, recorded in accordance with the equity method of accounting, of the investment in limited partnership does not reduce the balance as quickly as the annual use of the tax credits. In years prior to the year ended March 31, 2009, management included remaining tax credits as well as residual value in the calculated value of the underlying investments. However, due to the uncertainty of the current economy, management decided to take a more conservative approach to the investment calculation and determined that the majority of the residual value component of the valuation was zero for the year ended March 31, 2009. This resulted in increased impairment losses. However, it is important to note that this change in the accounting estimate to the calculation method of the impairment loss has no effect on the actual value or performance of the overall investment, nor does it have any effect on the remaining credits to be generated.
As of March 31, 2004, the Fund adopted GAAP for the Consolidation of Variable Interest Entities. GAAP provides guidance on when a company should include the assets, liabilities, and activities of a variable interest entity ("VIE") in its financial statements and when it should disclose information about its relationship with a VIE. A VIE is a legal structure used to conduct activities or hold assets, which must be consolidated by a company if it is the primary beneficiary because it absorbs the majority of the entity's expected losses, the majority of the expected returns, or both.
Based on this guidance, the Operating Partnerships in which the Fund invests meet the definition of a VIE. However, management does not consolidate the Fund's interests in these VIEs under this guidance, as it is not considered to be the primary beneficiary. The Fund currently records the amount of its investment in these partnerships as an asset on its balance sheet, recognizes its share of partnership income or losses in the statements of operations, and discloses how it accounts for material types of these investments in its financial statements.
Principal Critical Accounting Policies and Estimates - continued
The Fund's balance in investment in Operating Partnerships, plus the risk of recapture of tax credits previously recognized on these investments, represents its maximum exposure to loss. The Fund's exposure to loss on these partnerships is mitigated by the condition and financial performance of the underlying properties as well as the strength of the local general partners and their guarantee against credit recapture.
Recent Accounting Changes
In September 2006, the Financial Accounting Standards Board ("FASB") issued GAAP for Fair Value Measurements, which defines fair value, establishes a framework for measuring fair value and expands disclosure about fair value measurements. This guidance is effective for financial statements issued for fiscal years beginning after November 15, 2007 and shall be applied prospectively except for very limited transactions. In February 2008, the FASB delayed for one year implementation of the guidance as it pertains to certain non-financial assets and liabilities. The Fund adopted GAAP for Fair Value Measurements effective April 1, 2008, except as it applies to those non-financial assets and liabilities, for which the effective date was April 1, 2009. The Fund has determined that adoption of this guidance has no material impact on the Fund's financial statements.
In February 2007, the FASB issued GAAP for the Fair Value Option for Financial Assets and Financial Liabilities. This guidance permits entities to choose to measure many financial instruments and certain other items at fair value. The fair value election is designed to improve financial reporting by providing entities with the opportunity to mitigate volatility in reported earnings caused by measuring related assets and liabilities differently without having to apply complex hedge accounting provisions. It is effective for fiscal years beginning after November 15, 2007. On April 1, 2008, the Fund adopted GAAP for the Fair Value Option for Financial Assets and Financial Liabilities and elected not to apply the provisions to its eligible financial assets and financial liabilities on the date of adoption. Accordingly, the initial application of the guidance had no effect on the Fund.
In June 2006, GAAP for Accounting for Uncertainty in Income Taxes, an interpretation of GAAP for Accounting for Income Taxes, was issued. This requires all taxpayers to analyze all material positions they have taken or plan to take in all tax returns that have been filed or should have been filed with all taxing authorities for all years still subject to challenge by those taxing authorities. If the position taken is "more-likely-than-not" to be sustained by the taxing authority on its technical merits and if there is more than a 50% likelihood that the position would be sustained if challenged and considered by the highest court in the relevant jurisdiction, the tax consequences of that position should be reflected in the taxpayer's GAAP financial statements. Earlier proposed interpretations of GAAP for Accounting for Income Taxes had recommended a "probable" standard for recognition of tax consequences rather than the "more-likely-than-not" standard finally adopted.
Because the Fund has elected to be treated as a pass-through entity for income tax purposes and, as such, is not subject to income taxes, this guidance does not currently have any impact on the Fund's financial statements.
In April 2009, the FASB issued GAAP for Interim Disclosures about Fair Value of Financial Instruments. This requires disclosure about the method and significant assumptions used to establish the fair value of financial instruments for interim reporting periods as well as annual statements. It became effective for Boston Capital Tax Credit Fund V L.P. as of and for the interim period ended June 30, 2009 and has no impact on the Fund's financial condition or results of operations.
Recent Accounting Changes - continued
In November 2008, the FASB issued GAAP on Equity Method Investment Accounting Considerations that addresses how the initial carrying value of an equity method investment should be determined, how an impairment assessment of an underlying indefinite-lived intangible asset of an equity method investment should be performed, how an equity method investee's issuance of shares should be accounted for, and how to account for a change in an investment from the equity method to the cost method. This guidance is effective in fiscal years beginning on or after December 15, 2008, and interim periods within those fiscal years. The Fund adopted the guidance for the interim quarterly period beginning April 1, 2009. The impact of adopting it does not have a material impact on the Fund's financial condition or results of operations.
In May 2009, the FASB issued GAAP for Subsequent Events. It establishes general standards of accounting for and disclosure of events that occur after the balance sheet date but before financial statements are issued or are available to be issued. It is effective for Boston Capital Tax Credit Fund V L.P. as of and for the interim period ended June 30, 2009, and has no material impact on the Fund's financial condition or results of operations.
In June 2009, the FASB issued an amendment to the accounting and disclosure requirements for the consolidation of variable interest entities (VIEs). The amended guidance modifies the consolidation model to one based on control and economics, and replaces the current quantitative primary beneficiary analysis with a qualitative analysis. The primary beneficiary of a VIE will be the entity that has (1) the power to direct the activities of the VIE that most significantly impact the VIE's economic performance and (2) the obligation to absorb losses or receive benefits that could potentially be significant to the VIE. If multiple unrelated parties share such power, as defined, no party will be required to consolidate the VIE. Further, the amended guidance requires continual reconsideration of the primary beneficiary of a VIE and adds an additional reconsideration event for determination of whether an entity is a VIE. Additionally, the amendment requires enhanced and expanded disclosures around VIEs. This amendment is effective for fiscal years beginning after November 15, 2009. The adoption of this guidance will not have a material effect on the Fund's financial statements.
In June 2009, the FASB issued the Accounting Standards Codification (Codification). Effective July 1, 2009, the Codification is the single source of authoritative accounting principles recognized by the FASB to be applied by non-governmental entities in the preparation of financial statements in conformity with GAAP. The Codification is intended to reorganize, rather than change, existing GAAP. Accordingly, all references to currently existing GAAP have been removed and have been replaced with plain English explanations of the Fund's accounting policies. The adoption of the Codification did not have a material impact on the Fund's financial position or results of operations.
Item 3 |
Quantitative and Qualitative Disclosures About Market Risk |
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Not Applicable |
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Item 4T |
Controls & Procedures |
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(a) |
Evaluation of Disclosure Controls and Procedures |
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As of the end of the period covered by this report, the Fund's general partner, under the supervision and with the participation of the Principal Executive Officer and Principal Financial Officer of Boston Capital Associates V LLC, carried out an evaluation of the effectiveness of the Fund's "disclosure controls and procedures" as defined under the Securities Exchange Act of 1934 Rules 13a-15 and 15d-15. Based on that evaluation, the Fund's Principal Executive Officer and Principal Financial Officer have concluded that as of the end of the period covered by this report, the Fund's disclosure controls and procedures were effective to ensure that information required to be disclosed by it in the reports that it files or submits under the Securities Exchange Act of 1934 (i) is recorded, processed, summarized and reported within the time periods specified in the SEC's rules and forms and (ii) is accumulated and communicated to the Fund's management, including the Fund's Principal Executive Officer and Principal Financial Officer, as appropriate, to allow timely decisions regarding required disclosure. |
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(b) |
Changes in Internal Controls |
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There were no changes in the Fund's internal control over financial reporting that occurred during the quarter ended December 31, 2009 that materially affected, or are reasonably likely to materially affect, the Fund's internal control over financial reporting. |
PART II - OTHER INFORMATION
Item 1. |
Legal Proceedings |
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None |
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Item 1A. |
Risk Factors |
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There have been no material changes from the risk factors set forth under Part I, Item 1A. "Risk Factors" in our Form 10-K for the fiscal year ended March 31, 2009. |
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Item 2. |
Unregistered Sales of Equity Securities and Use of Proceeds |
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None |
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Item 3. |
Defaults upon Senior Securities |
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None |
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Item 4. |
Submission of Matters to a Vote of Security |
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None |
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Item 5. |
Other Information |
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None |
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Item 6. |
Exhibits |
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(a)Exhibits |
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31.a Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002, of John P. Manning, Principal Executive Officer, filed herewith |
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31.b Certification pursuant to Section 302 of the Sarbanes-Oxley Act of 2002, of Marc N. Teal, Principal Financial Officer, filed herewith |
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32.a Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, of John P. Manning, Principal Executive Officer, filed herewith |
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32.b Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, of Marc N. Teal, Principal Financial Officer, filed herewith |
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
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Boston Capital Tax Credit Fund V L.P. |
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By: |
Boston Capital Associates V LLC, |
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Date: February 16, 2010 |
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By: |
/s/ John P. Manning |
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Managing Member |
Pursuant to the requirements of the Securities Exchange Act of 1934,
this report has been signed below by the following persons on behalf of the
Fund and in the capacities and on the dates indicated:
DATE: |
SIGNATURE: |
TITLE: |
February 16, 2010 |
/s/ John P. Manning John P. Manning |
Director, President (Principal Executive Officer), Boston Capital Partners II Corp.; Director, President (Principal Executive Officer), BCTC V Assignor Corp. |
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February 16, 2010 |
/s/ Marc N. Teal Marc N. Teal |
Sr. Vice President, Chief Financial Officer (Principal Financial and Accounting Officer), Boston Capital Partners II Corp.; Sr. Vice President, Chief Financial Officer (Principal Financial and Accounting Officer), BCTC V Assignor Corp. |
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