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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.
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