Assessing the impact of the American Jobs Act on the Municipal Bond Market is less than a straightforward proposition. Almost as soon as it was unveiled, a debate broke out. At issue was a proposal contained in the bill to limit income tax breaks for individuals earning over $200,000 (or $250,000 for families) as a mechanism for funding the bill – at least partially.
Some people felt that the bill’s intent was at odds with this funding mechanism for two primary reasons:
- • Muncipal bonds are the primary means of financing infrastructure projects in this country.
- • Municipal bond interest is tax exempt in many cases.
Other participants in the debate felt that the impact would likely be minimal, and that the municipal bond market would shrug off the impact. A closer examination of the facts and circumstances shows that, while both sides have valid points, a definitive answer remains elusive.
The Obama Administration’s proposal would seek to limit the tax deductibility from its current maximum 35% tax rate, to just 28%. Individual investors in the top 35% tax bracket could continue to deduct interest. However, after the first $200,000 of income, they would only be able to deduct interest at the 28% tax rate.
Clearly, the instrument is likely to be less attractive for at least some percentage of the tax-free investor population. What is less clear is whether this population is large enough to have a significant impact.
Municipal bonds for infrastructure have traditionally been issued at longer maturities, i.e. 10+ years. The traditional buyers for these issues were sophisticated investors playing a trade known as municipal bond arbitrage, which relied on historical correlations between different bond market instruments. These correlations broke down during the financial crisis in 2008. As a result, many of these investors were left high and dry, and the municipal bond arbitrage trade is no longer widely practiced.
As a result, demand at the long end of the curve effectively dried up as the municipal bond yield curve steepened in response to the decline of its natural market. (See Figure 1 below.) This was unfortunate for the municipal bond market.
As part of the administration’s response to the crisis, the Build America Bond (BAB) program was established. By subsidizing 35% of the interest payments of qualified municipal issues, the program made municipal bonds attractive to the much larger taxable investor base. In the first 16 months of the BAB program, states issued over $105 billion in BABs, or approximately 25 percent of the municipal new issue market. In fact, studies conducted on the program found that, over time, local and state governments were able to obtain financing 54 basis points cheaper than issuing in the regular municipal bond market, making it an unqualified success story from the administration’s point of view. (See Figure 2 below.)
For many investors, the decline of the municipal bond arbitrage trade notwithstanding, the next best alternative to a municipal bond enjoying tax exempt status at the 35% tax rate may well be the same bond enjoying tax exempt status at a 28% tax rate. With the Treasury yield remaining microscopic, and corporate bonds viewed as a much riskier alternative, some folks may just decide to stay put. (See Figure 3 below.)
Individual investors continue to make up a sizable percentage of the market for longer-dated municipal bonds. The loss of this segment in its entirety would certainly have an adverse impact on the market for longer-dated municipal bonds. However, given the success of the BAB program, and the lack of obvious alternatives to long-dated municipal bonds, common sense would argue for a modest decrease in demand from individual investors. Other bond market participants could absorb it, with the assistance of the BAB or some similar program. draft
Another open question is whether the proposed legislation could unintentionally force municipal yields higher, thereby having the ironic consequence of retarding infrastructure development. Eliminating or reducing the tax exempt status of municipal bonds would force yields higher, making many projects too expensive for local governments to pursue.
In a normal environment, an extra 10, 20, or even 30 bps may not have been enough to kill a project. At time when local government budgets are stressed, however, the extra cost may just be enough to cause the deferral of infrastructure projects.
There’s an additional point to consider: any market gets priced at the margin. In the municipal bond market, individual investors are the margin. If, for some reason, demand for municipal bonds were to decline as investors suddenly opted for an alternative asset class, yields could rise precipitously as bond prices dropped.
Conversely, it is a well-known aberration of the bond market that long-dated municipals yield significantly more than their corporate counterparts on an after-tax yield basis. As a result, municipal yields would likely not need to increase to compensate for the full amount of the lost exemption, making the increase more palatable than otherwise.
Finally, the government still has a hand to be played in all this. If the government opted for indirect participation through an extension of the BAB program, net effective yields for municipal issues could be even lower than expected.
Predictably, opinions are mixed on the subject. While, for example, a Morgan Stanley Research report predicts little impact, a Citigroup study argues that borrowing costs would rise “significantly” for municipal issuers. For the time being, according to Bloomberg, municipal bond yields have held fairly steady and figure to remain so under current market conditions. For now, that’s the best assessment anyone can make of the situation.
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