Tax Credits and Incentives

Tax Credits and Incentives

MSW takes a comprehensive approach to ensure that our clients are able to take advantage of the vast array of incentives available through federal, state, and local government agencies.

Tax credits and incentives play a key role in spurring development.

Having dealt extensively with tax credit and incentive programs while serving in government, our team understands the important intricacies of incentive procurement. Whether our clients are seeking tax credits, cash grants, low interest loans, or any other form of non-dilutive financing, we work with our clients to develop all-inclusive strategies and advise them through every stage of the incentive process, including site analysis, incentive procurement, compliance, and the negotiation of the sale of unused tax credits.

With each state and locality offering unique programs, our team’s extensive experience in tax credit and incentive advisory allows us to properly target and secure the public incentives available to meet the specific needs of our clients. Whether our clients are seeking to develop an expansive mixed-use development, or fund the cleanup of an environmentally compromised site, MSW takes the same focused approach to ensure our clients are properly positioned to achieve their objectives.

Since the enactment of the Tax Cuts and Jobs Act of 2017, MSW’s attorneys have been at the forefront of helping clients take advantage of the newly created federal Opportunity Zone program. The firm is uniquely positioned due to its broad experience in commercial real estate and local, state and federal economic incentives to structure deals and assist clients who seek to optimize the benefits of this impactful program for development, business or investment purposes. MSW attorneys offer numerous insights into the Opportunity Zone program, including Qualified Opportunity Fund (QOF) and Qualified Opportunity Zone Business (QOZB) formation, structuring real estate and operating business investments and provide tax planning, advice and compliance services.

Representative Matters



Washington DC-based developer in connection with a $90,000,000 tax credit for a 350-unit mixed-use development in Newark, New Jersey.



Developer in connection with a $48,000,000 tax credit for a 400-unit residential development in northern New Jersey.



Developer in connection with a $50,000,000 tax credit for a mixed-use transit-oriented development in central New Jersey.



National e-commerce company in establishing a 500,000 square foot distribution center. MSW helped the company secure incentive packages in both New Jersey and Pennsylvania, securing over $38,000,000 in corporate tax credits through the NJEDA and a $16,000,000 incentive package under the Keystone Special Development Zone (KSDZ) program in Pennsylvania.



International Spanish-language media and entertainment company in seeking corporate relocation incentives. MSW helped secure incentives in both New Jersey and New York, securing over $6,000,000 in corporate business tax credits from the NJEDA and an incentives package worth over $1,000,000 through Empire State Development, the economic development arm of New York State.