Laserfiche WebLink
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. <br />