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Issue. Generally, obligations are treated
<br />as part of the same issue if they are
<br />issued by the same issuer, on the same
<br />date, and in a single transaction, or a
<br />series of related transactions. However,
<br />obligations issued during the same
<br />calendar year (a) under a loan agreement
<br />under which amounts are to be advanced
<br />periodically (a "draw -down loan") or (b)
<br />with a term not exceeding 270 days, may
<br />be treated as part of the same issue if the
<br />obligations are equally and ratably
<br />secured under a single indenture or loan
<br />agreement and are issued under a
<br />common financing arrangement (for
<br />example, under the same official
<br />statement periodically updated to reflect
<br />changing factual circumstances). Also, for
<br />obligations issued under a draw -down
<br />loan that meet the requirements of the
<br />preceding sentence, obligations issued
<br />during different calendar years may be
<br />treated as part of the same issue if all of
<br />the amounts to be advanced under the
<br />draw -down loan are reasonably expected
<br />to be advanced within 3 years of the date
<br />of issue of the first obligation. Likewise,
<br />obligations (other than private activity
<br />bonds) issued under a single agreement
<br />that is in the form of a lease or installment
<br />issue if all of the property covered by that
<br />agreement is reasonably expected to be
<br />delivered within 3 years of the date of
<br />issue of the first obligation.
<br />Arbitrage rebate. Generally, interest on
<br />a state or local bond is not tax-exempt
<br />unless the issuer of the bond rebates to
<br />the United States arbitrage profits earned
<br />from investing proceeds of the bond in
<br />higher yielding nonpurpose investments.
<br />See section 148(f).
<br />Construction issue. This is an issue of
<br />tax-exempt bonds that meets both of the
<br />following conditions:
<br />1. At least 75% of the available
<br />construction proceeds are to be used for
<br />construction expenditures with respect to
<br />property to be owned by a governmental
<br />unit or a section 501(c)(3) organization,
<br />and
<br />2. All the bonds that are part of the
<br />issue are qualified 501(c)(3) bonds,
<br />bonds that are not private activity bonds,
<br />or private activity bonds issued to finance
<br />property to be owned by a governmental
<br />unit or a section 501(c)(3) organization.
<br />In lieu of rebating any arbitrage that
<br />may be owed to the United States, the
<br />issuer of a construction issue may make
<br />an irrevocable election to pay a penalty.
<br />The penalty is equal to 11/2% of the
<br />amount of construction proceeds that do
<br />not meet certain spending requirements.
<br />See section 148(f)(4)(C) and the
<br />Instructions for Form 8038-T.
<br />Specific Instructions
<br />Part I—Reporting Authority
<br />Amended return. An issuer may file an
<br />amended return to change or add to the
<br />information reported on a previously filed
<br />return for the same date of issue. If you
<br />are filing to correct errors or change a
<br />previously filed return, check the
<br />Amended Return box in the heading of
<br />the form.
<br />The amended return must provide all
<br />the information reported on the original
<br />return, in addition to the new or corrected
<br />information. Attach an explanation of the
<br />reason for the amended return and write
<br />across the top, "Amended Return
<br />Explanation." Failure to attach an
<br />explanation may result in a delay in
<br />processing the form.
<br />Line 1. The issuer's name is the name of
<br />the entity issuing the obligations, not the
<br />name of the entity receiving the benefit of
<br />the financing. For a lease or installment
<br />sale, the issuer is the lessee or the
<br />purchaser.
<br />Line 2. An issuer that does not have an
<br />employer identification number (EIN)
<br />should apply for one on Form SS -4,
<br />Application for Employer Identification
<br />Number. You can get this form on the IRS
<br />website at IRS.gov or by calling
<br />1 -800 -TAX -FORM (1-800-829-3676). You
<br />may receive an EIN by telephone by
<br />following the instructions for Form SS -4.
<br />Line 3a. If the issuer wishes to authorize
<br />a person other than an officer or other
<br />employee of the issuer (including a legal
<br />representative or paid preparer) to
<br />communicate with the IRS and whom the
<br />IRS may contact about this return
<br />(including in writing or by telephone),
<br />enter the name of such person here. The
<br />person listed in line 3a must be an
<br />individual. Do not enter the name and title
<br />of an officer or other employee of the
<br />issuer here (use line 10a for that
<br />purpose).
<br />Note. By authorizing a person other than
<br />an authorized officer or other employee of
<br />the issuer to communicate with the IRS
<br />and whom the IRS may contact about this
<br />return, the issuer authorizes the IRS to
<br />communicate directly with the individual
<br />entered on line 3a and consents to
<br />disclose the issuer's return information to
<br />that individual, as necessary, to process
<br />this return.
<br />Lines 4 and 6. If you listed an individual
<br />on line 3a to communicate with the IRS
<br />and whom the IRS may contact about this
<br />return, enter the number and street (or
<br />P.O. box if mail is not delivered to street
<br />address), city, town, or post office, state,
<br />and ZIP code of that person. Otherwise,
<br />enter the issuer's number and street (or
<br />P.O. box if mail is not delivered to street
<br />address), city, town, or post office, state,
<br />and ZIP code.
<br />Note. The address entered on lines 4
<br />and 6 is the address the IRS will use for
<br />all written communications regarding the
<br />processing of this return, including any
<br />notices.
<br />Line 5. This line is for IRS use only. Do
<br />not make any entries in this box.
<br />Line 7. The date of issue is generally the
<br />date on which the issuer physically
<br />-2-
<br />exchanges the bonds that are part of the
<br />issue for the underwriter's (or other
<br />purchaser's) funds. For a lease or
<br />installment sale, enter the date interest
<br />starts to accrue in a MM/DD/YYYY
<br />format.
<br />Line 8. If there is no name of the issue,
<br />please provide other identification of the
<br />issue.
<br />Line 9. Enter the CUSIP (Committee on
<br />Uniform Securities Identification
<br />Procedures) number of the bond with the
<br />latest maturity. If the issue does not have
<br />a CUSIP number, write "None."
<br />Line 10a. Enter the name and title of the
<br />officer or other employee of the issuer
<br />whom the IRS may call for more
<br />information. If the issuer wishes to
<br />designate a person other than an officer
<br />or other employee of the issuer (including
<br />a legal representative or paid preparer)
<br />whom the IRS may call for more
<br />information about the return, enter the
<br />name, title, and telephone number of
<br />such person on lines 3a and 3b.
<br />Complete lines 10a and 10b even
<br />if you complete lines 3a and 3b.
<br />Part II—Type of Issue
<br />13 Elections referred to in Part 11 are
<br />made on the original bond
<br />documents, not on this form.
<br />Identify the type of obligations issued
<br />by entering the corresponding issue price
<br />(see Issue price under Definitions earlier).
<br />Attach a schedule listing names and EINs
<br />of organizations that are to use proceeds
<br />of these obligations, if different from those
<br />of the issuer, include a brief summary of
<br />the use and indicate whether or not such
<br />user is a governmental or
<br />nongovernmental entity.
<br />Line 18. Enter a description of the issue
<br />in the space provided.
<br />Line 19. If the obligations are short-term
<br />tax anticipation notes or warrants (TANs)
<br />or short-term revenue anticipation notes
<br />or warrants (RANs), check box 19a. If the
<br />obligations are short-term bond
<br />anticipation notes (BANs), issued with the
<br />expectation that they will be refunded with
<br />the proceeds of long-term bonds at some
<br />future date, check box 19b. Do not check
<br />both boxes.
<br />Line 20. Check this box if property other
<br />than cash is exchanged for the obligation,
<br />for example, acquiring a police car, a fire
<br />truck, or telephone equipment through a
<br />series of monthly payments. (This type of
<br />obligation is sometimes referred to as a
<br />,'municipal lease.") Also check this box if
<br />real property is directly acquired in
<br />exchange for an obligation to make
<br />periodic payments of interest and
<br />principal. Do not check this box if the
<br />proceeds of the obligation are received in
<br />the form of cash, even if the term "lease"
<br />is used in the title of the issue.
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