Kelly B. Bissinger
Practice Areas
Education
- Georgetown University Law Center, LL.M. in taxation, 2010, with distinction; J.D., 2008
- Tulane University, B.A., 2003, cum laude
Bar & Court Admissions
Kelly is a partner and a member of the finance, energy and real estate group. Her practice is focused on a broad range of real estate, tax and transactional matters.
Kelly represents clients from all perspectives in transactions involving the acquisition, financing, ownership, development and sale of apartment projects, mixed-use projects, office buildings and other commercial properties. In particular, she has experience representing both institutional and developer clients in connection with structuring and negotiating real estate joint ventures, with an emphasis on the tax planning aspects of such transactions.
In addition, Kelly has extensive experience advising developers, syndicators and investors in connection with low-income housing, historic and new market tax credit matters, including structuring the financing and tax aspects of transactions, negotiating partnership agreements, legislative and regulatory developments, originations, secondary market acquisitions and dispositions, end of compliance period planning and workouts.
Kelly received her LL.M. with distinction in taxation and her J.D. from Georgetown University Law Center. She received her B.A. cum laude from Tulane University.
Career highlights include:
- Representation of owner/developer in connection with the ongoing multi-phase redevelopment of 750-units of project-based Section 8 affordable housing on scattered sites in a single neighborhood of a major metropolitan city involving demolition of existing buildings and replacing them with new construction affordable, workforce and and market rate multifamily housing. Representation includes structuring the new construction transactions; negotiation of joint venture agreements with development and equity partners; negotiation with federal and state low income housing tax credit investor limited partners; due diligence; financing and review of construction and related agreements
- Representation of for-profit and non-profit developers in connection with numerous affordable housing and mixed-use transactions in the District of Columbia. Representation has included structuring complex transactions, including, 4%/9% transactions, projects with condominiums and complex easements, applying for and obtaining property tax abatements, negotiation of joint venture agreements among developers and tax credit equity investors, advising clients in connection with the Tenant Opportunity to Purchase Act (TOPA), negotiating local rent subsidy payment contracts, reviewing and negotiating various debt structures, including, but not limited to, bond and tax-exempt loan documents, FHA-insured loans, Freddie Mac and Fannie Mae loans, conventional loans and Housing Production Trust Funds. In addition, Kelly consulted on the legislation implementing the District of Columbia “state” low income housing tax credit
- Representation of owner/developers in connection with the acquisition of general partner interests in low income housing tax credit projects nationwide, including negotiation of partnership interest purchase and sale agreements, due diligence and obtaining consents from joint venture partners, tax credit investors, state and local lenders, agency lenders, conventional lenders and HUD
- Representation of owner/developer in the repositioning of a historic factory in Maryland as affordable workforce housing utilizing federal and state historic tax credits, federal low income housing tax credits, payments in lieu of tax credits, a qualified opportunity zone investment fund, tax-exempt bond financing with a forward commitment for Freddie Mac permanent debt, conventional construction debt along with state and county soft debt
- Representation of a tax credit investor in connection with a LIHTC workout transaction
- Representation of for-profit and non-profit developers in connection with the development of multiple affordable and market rate housing projects in Ohio utilizing federal and state tax credits and complex financing and economic development incentives
Professional and Community Activities
- District of Columbia Building Industry Association Leaders in Development, Founder and Chairperson, 2010-2014
- Heritage Ohio, Board of Directors, 2016-2018
- The Coalition for Nonprofit Housing & Economic Development
- Forum on Affordable Housing and Community Development Law
Honors & Awards
- Real Estate Bisnow (D.C.), 35 Under 35: Rising Stars in Commercial Real Estate, 2013
News
- 1/1/2018Vorys is pleased to announce that Kelly Bissinger, Joseph Brunner, Laura Geyer, David Hine, Jacinto Núñez, Daniel Shuey and Keith Zabela became partners on January 1, 2018.
Events
- 2/5/2020Vorys Partner Kelly Bissinger was a panelist at the Low-Income Housing Tax Credit (LIHTC) and affordable housing presentation on February 5, 2020.
- 2/22/2019Vorys hosted its fourth annual Economic Development Incentives Conference on February 22, 2019.
- 2/6/2019Vorys Partners Kelly Bissinger and Joseph Mann, along with co-founder of EquityPlus Avram Fecher, hosted a webinar entitled, “Federal Qualified Opportunity Zones” on February 6, 2019.
- 1/23/2019Vorys Partners Kelly Bissinger and Joseph Mann hosted the complimentary webinar, Qualified Opportunity Zones: What are they and how do they work?, on January 23, 2019.
- 2/12/2016Several Vorys attorneys will be speakers at the Ohio Economic Development Incentives Conference on February 12, 2016.
Insights
- 7/30/2020On July 28, 2020, the Council of the District of Columbia unanimously passed the District of Columbia Low-Income Housing Tax Credit Clarification Amendment Act of 2020 (the Act) as a component of the Fiscal Year 2021 Budget Support Act of 2020 (B23-0760).
- 3/3/2020
- 12/13/2019
- 7/31/2019In the Summer 2019 edition of Development Incentives Quarterly, read about the provisions that impact state law governing economic development incentives in Ohio's Budget Bill and the changes coming to Ohio's Job Retention Tax Credit.
- Spring 2019Through Vorys’ fourth annual Economic Development Incentives Conference – hosted in February – we welcomed more than 270 guests from three countries and seven states.
- 10/31/2018On October 19, 2018, Treasury issued Proposed Regulations and a Revenue Ruling (together, the Guidance) which address many important QOZ questions, generally in a taxpayer favorable manner.
- 9/10/2018On August 29, 2018, House Speaker Pro Tempore Kirk Schuring introduced a bill (H.B. No. 727) to create a tax credit for investments in Qualified Opportunity Zones.
- 7/3/2018In the Summer 2018 edition of Development Incentives Quarterly, read our Top 10 most interesting facts about the Foxconn deal, read a recap of the Ohio Supreme Court decision on what takes priority – a TIF exemption or another exemption, and seven interesting things to know about the City of Columbus' proposed incentives policy.
- 4/19/2018The U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) updated the list of designated Qualified Opportunity Zones on their website to include the designation of 320 Qualified Opportunity Zones in the state of Ohio, as well as additional Qualified Opportunity Zones in Alabama, Delaware, Missouri, Texas and the Northern Marianas Islands.
- Spring 2018This article is the first of a series intended to provide developers with an overview of the life cycle of New Markets Tax Credit (NMTC) transactions.
- Spring 2018Vorys third annual Economic Development Incentives Conference – hosted in February – welcomed more than 160 guests from several states across the country.
- 3/23/2018In the Spring 2018 edition of Development Incentives Quarterly, read a Q&A with Chris Chung, CEO of North Carolina’s Economic Development Partnership; learn about strategies for successfully obtaining New Market Tax Credit financing; and see a recap of Vorys’ 2018 Economic Development Incentives Conference.
- 2/19/2018As part of federal tax reform, Congress created a new program to encourage investment in businesses that are located in low-income communities that are designated as “Qualified Opportunity Zones.” This program creates a new potential source of capital for businesses and real estate developments located in Qualified Opportunity Zones, while at the same time creating a new tax benefit for investors seeking to reduce their tax burden on taxable asset dispositions.
- 2/8/2018As part of federal tax reform, Congress created a new “Qualified Opportunity Zone” program to encourage investment in businesses that are located in low-income communities.
- Fall 2017In order to claim Ohio Historic Preservation Tax Credits (OHPTCs) on a project, a taxpayer must first receive a tax credit certificate (certificate) from the Ohio Development Services Agency (ODSA).
- 11/15/2017In the Fall 2017 edition of Development Incentives Quarterly, read a Q&A with Kenny McDonald, president and chief economic officer of Columbus 2020; learn about how the new effective date for the Ohio historic preservation tax credit certificates could cause a delay in claiming credit; and learn more about what it mean now that Illinois was reinstated and revised the EDGE Tax Credit.
- 8/9/2017In the Summer 2017 edition of Development Incentives Quarterly, learn five more common TIF misconceptions, read about the growing pains municipalities are facing with GASB 77 and find out which Ohio county auditors will complete the required six-year tax appraisal of all properties located in their counties this year.
- 4/10/2017In the Spring 2017 edition of Development Incentives Quarterly, learn five common TIF misconceptions, learn more about the two significant developments related to Ohio Historic Preservation Tax Credits that happened at the end of 2016 and read a recap of the Vorys Ohio Economic Development Incentives Conference.
- Fall 2016The federal New Markets Tax Credit (NMTC) program was created in 2000 for the purpose of encouraging investment in businesses and commercial projects, including real estate development, that benefit low-income communities.
- 11/15/2016In the Fall 2016 edition of Development Incentives Quarterly, learn more about Downtown redevelopment districts and about the federal New Markets Tax Credit (NMTC) program.
- Fall 2016The banking industry has received long sought-after clarification as to whether Community Reinvestment Act (CRA) credit is available for Historic Tax Credit (HTC) financed projects.
- Summer 2016On July 22, 2016, the Internal Revenue Service (IRS) and Department of Treasury published long awaited temporary and proposed regulations (Regulations) regarding so-called “50(d) income” affecting historic tax credit (HTC) transactions and energy tax credit (ETC) transactions.
- 8/1/2016In the Summer 2016 edition of Development Incentives Quarterly, read about the long sought-after clarification as to whether Community Reinvestment Act credit is available for Historic Tax Credit financed projects and the proposed regulations regarding so-called “50(d) income” affecting historic tax credit transactions and energy tax credit transactions.