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Instructions for FormDepartment of the Treasury <br />8038-G CA <br />Internal Revenue Service <br />(Rev. September 2011) <br />Information Return for Tax -Exempt Governmental Obligations <br />Section references are to the Internal <br />Revenue Code unless otherwise noted. <br />General Instructions <br />Purpose of Form <br />Form 8038-G is used by issuers of <br />tax-exempt governmental obligations to <br />provide the IRS with the information <br />required by section 149(e) and to monitor <br />the requirements of sections 141 through <br />150. <br />Who Must File <br />IF the issue price THEN, for tax-exempt <br />(line 21, column (b)) governmental <br />is... obligations issued <br />after December 31, <br />file... <br />$100,000 or more A separate Form <br />8038-G for each issue <br />Less than $100,000 Form 8038 -GC, <br />Information Return for <br />Small Tax -Exempt <br />Governmental Bond <br />Issues, Leases, and <br />Installment Sales <br />13 For all build America bonds and <br />recovery zone economic <br />development bonds use Form <br />8038-B, Information Return for Build <br />America Bonds and Recovery Zone <br />Economic Development Bonds. For tax <br />credit bonds and specified tax credit <br />bonds use Form 8038 -TC, Information <br />Return for Tax Credit Bonds and <br />Specified Tax Credit Bonds. <br />When To File <br />File Form 8038-G on or before the 15th <br />day of the 2nd calendar month after the <br />close of the calendar quarter in which the <br />bond is issued. Form 8038-G may not be <br />filed before the issue date and must be <br />completed based on the facts as of the <br />issue date. <br />Late filing. An issuer may be granted an <br />extension of time to file Form 8038-G <br />under Section 3 of Rev. Proc. 2002-48, <br />2002-37 I.R.B. 531, if it is determined that <br />the failure to file timely is not due to willful <br />neglect. Type or print at the top of the <br />form "Request for Relief under section 3 <br />of Rev. Proc. 2002-48" and attach a letter <br />explaining why Form 8038-G was not <br />submitted to the IRS on time. Also <br />indicate whether the bond issue in <br />question is under examination by the IRS. <br />Do not submit copies of the trust <br />indenture or other bond documents. See <br />Where To File next. <br />Where To File <br />File Form 8038-G, and any attachments, <br />with the Department of the Treasury, <br />Internal Revenue Service Center, Ogden, <br />UT 84201. <br />Private delivery services. You can use <br />certain private delivery services <br />designated by the IRS to meet the "timely <br />mailing as timely filing/paying" rule for tax <br />returns and payments. These private <br />delivery services include only the <br />following: <br />• DHL Express (DHL): DHL Same Day <br />Service. <br />Priority Overnight, FedEx Standard <br />Overnight, FedEx 2Day, FedEx <br />International Priority, and FedEx <br />International First. <br />• United Parcel Service (UPS): UPS Next <br />Day Air, UPS Next Day Air Saver, UPS <br />2nd Day Air, UPS 2nd Day Air A.M., UPS <br />Worldwide Express Plus, and UPS <br />Worldwide Express. <br />The private delivery service can tell <br />you how to get written proof of the mailing <br />date. <br />Other Forms That May Be <br />Required <br />For rebating arbitrage (or paying a <br />penalty in lieu of arbitrage rebate) to the <br />Federal government, use Form 8038-T, <br />Arbitrage Rebate, Yield Reduction and <br />Penalty in Lieu of Arbitrage Rebate. <br />For private activity bonds, use Form <br />8038, Information Return for Tax -Exempt <br />Private Activity Bond Issues. <br />For build America bonds (Direct Pay), <br />build America bonds (Tax Credit), and <br />recovery zone economic development <br />bonds, complete Form 8038-B, <br />Information Return for Build America <br />Bonds and Recovery Zone Economic <br />Development Bonds. <br />For qualified forestry conservation <br />bonds, new clean renewable energy <br />bonds, qualified energy conservation <br />bonds, qualified zone academy bonds, <br />qualified school construction bonds, clean <br />renewable energy bonds, Midwestern tax <br />credit bonds, and all other qualified tax <br />credit bonds (except build America <br />bonds), file Form 8038 -TC, Information <br />Return for Tax Credit Bonds and <br />Specified Tax Credit Bonds. <br />Sep 20, 2011 Cat. No. 63774D <br />Rounding to Whole Dollars <br />You may show amounts on this return as <br />whole dollars. To do so, drop amounts <br />less than 50 cents and increase amounts <br />from 50 cents through 99 cents to the <br />next higher dollar. <br />Questions on Filing Form <br />8038-G <br />For specific questions on how to file Form <br />8038-G send an email to the IRS at <br />TaxExemptBondQuestions@irs.gov <br />and put "Form 8038-G Question" in the <br />subject line. In the email include a <br />description of your question, a return <br />email address, the name of a contact <br />person, and a telephone number. <br />Tax-exempt obligation. This is any <br />obligation, including a bond, installment <br />purchase agreement, or financial lease, <br />on which the interest is excluded from <br />income under section 103. <br />Tax-exempt governmental obligation. <br />A tax-exempt obligation that is not a <br />private activity bond (see below) is a <br />tax-exempt governmental obligation. This <br />includes a bond issued by a qualified <br />volunteer fire department under section <br />150(e). <br />Private activity bond. This includes an <br />obligation issued as part of an issue in <br />which: <br />• More than 10% of the proceeds are to <br />be used for any private activity business <br />use, and <br />• More than 10% of the payment of <br />principal or interest of the issue is either <br />(a) secured by an interest in property to <br />be used for a private business use (or <br />payments for such property) or (b) to be <br />derived from payments for property (or <br />borrowed money) used for a private <br />business use. <br />It also includes a bond, the proceeds <br />of which (a) are to be used directly or <br />indirectly to make or finance loans (other <br />than loans described in section 141(c)(2)) <br />to persons other than governmental units <br />and (b) exceeds the lesser of 5% of the <br />proceeds or $5 million. <br />Issue price. The issue price of <br />obligations is generally determined under <br />Regulations section 1.148-1(b). Thus, <br />when issued for cash, the issue price is <br />the first price at which a substantial <br />amount of the obligations are sold to the <br />public. To determine the issue price of an <br />obligation issued for property, see <br />sections 1273 and 1274 and the related <br />regulations. <br />