Information Return for Small Tax-Exempt Form 8038-GC Governmental Bond Issues, Leases, and Installment Sales (Rev. October 2021) ▶ Under Internal Revenue Code section 149(e) OMB No. 1545-0047 Department of the Treasury Caution: If the issue price of the issue is $100,000 or more, use Form 8038-G. Internal Revenue Service ▶ Go to www.irs.gov/Form8038GC for instructions and the latest information. Part I Reporting Authority Check box if Amended Return ▶ 1 Issuer’s name 2 Issuer’s employer identification number (EIN) 3 Number and street (or P.O. box if mail isn’t delivered to street address) Room/suite 4 City, town, or post office, state, and ZIP code 5 Report number (For IRS Use Only) 6 Name and title of officer or other employee of issuer or designated contact person whom the IRS may call for more information 7 Telephone number of officer or legal representative Part II Description of Obligations Check one box: Single issue Consolidated return 8a Issue price of obligation(s) (see instructions) . . . . . . . . . . . . . . . . . . . 8a b Issue date (single issue) or calendar date (consolidated). Enter date in MM/DD/YYYY format (for example, 01/01/2009) (see instructions) ▶ 9 Amount of the reported obligation(s) on line 8a that is: a For leases for vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . 9a b For leases for office equipment . . . . . . . . . . . . . . . . . . . . . . . . 9b c For leases for real property . . . . . . . . . . . . . . . . . . . . . . . . . 9c d For leases for other (see instructions) . . . . . . . . . . . . . . . . . . . . . . 9d e For bank loans for vehicles . . . . . . . . . . . . . . . . . . . . . . . . . 9e f For bank loans for office equipment . . . . . . . . . . . . . . . . . . . . . . 9f g For bank loans for real property . . . . . . . . . . . . . . . . . . . . . . . 9g h For bank loans for other (see instructions) . . . . . . . . . . . . . . . . . . . . 9h i Used to refund prior issue(s) . . . . . . . . . . . . . . . . . . . . . . . . 9i j Representing a loan from the proceeds of another tax-exempt obligation (for example, bond bank) . 9j k Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9k 10 If the issuer has designated any issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check this box . . . . ▶ 11 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check this box (see instructions) . . . . . . . ▶ 12 Vendor’s or bank’s name: 13 Vendor’s or bank’s employer identification number: Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I further declare that I consent to the IRS’s disclosure of the issuer’s return information, as necessary to Signature process this return, to the person(s) that I have authorized above. and ▲ ▲ Consent Signature of issuer’s authorized representative Date Type or print name and title Print/Type preparer’s name Preparer’s signature Date Paid Check if PTIN self-employed Preparer ▶ Firm’s EIN ▶ Firm’s name Use Only Firm’s address ▶ Phone no. Future Developments Who Must File pay a penalty in lieu of arbitrage rebate. See the instructions for line 11, later. For the latest information about developments Issuers of tax-exempt governmental related to Form 8038-GC and its instructions, obligations with issue prices of less than Filing a consolidated return for multiple such as legislation enacted after they were $100,000 must file Form 8038-GC. issues. For all tax-exempt governmental obligations with issue prices of less than published, go to www.irs.gov/Form8038GC. Issuers of a tax-exempt governmental $100,000 that aren’t reported on a separate obligation with an issue price of $100,000 or Form 8038-GC, an issuer must file a General Instructions more must file Form 8038-G, Information consolidated information return including all Section references are to the Internal Revenue Return for Tax-Exempt Governmental Bonds. such issues issued within the calendar year. Code unless otherwise noted. Filing a separate return for a single issue. Thus, an issuer may file a separate Form Issuers have the option to file a separate 8038-GC for each of a number of small issues Purpose of Form Form 8038-GC for any tax-exempt and report the remainder of small issues Form 8038-GC is used by the issuers of tax- governmental obligation with an issue price of issued during the calendar year on one exempt governmental obligations to provide less than $100,000. consolidated Form 8038-GC. However, if the the IRS with the information required by An issuer of a tax-exempt bond used to issue is a construction issue, a separate Form section 149(e) and to monitor the finance construction expenditures must file a 8038-GC must be filed to give the IRS notice requirements of sections 141 through 150. separate Form 8038-GC for each issue to give of the election to pay a penalty in lieu of notice to the IRS that an election was made to arbitrage rebate. For Paperwork Reduction Act Notice, see instructions. Cat. No. 64108B Form 8038-GC (Rev. 10-2021) |
Form 8038-GC (Rev. 10-2021) Page 2 When To File Definitions Construction issue. This is an issue of tax- exempt bonds that meets both of the To file a separate return for a single issue, file Obligations. This refers to a single tax- following conditions: Form 8038-GC on or before the 15th day of exempt governmental obligation if Form the 2nd calendar month after the close of the 8038-GC is used for separate reporting or to 1. At least 75% of the available calendar quarter in which the issue is issued. multiple tax-exempt governmental obligations construction proceeds of the issue are to be To file a consolidated return for multiple if the form is used for consolidated reporting. used for construction expenditures with respect to property to be owned by a issues, file Form 8038-GC on or before Tax-exempt obligation. This is any obligation governmental unit or a 501(c)(3) organization, February 15 of the calendar year following the including a bond, installment purchase and year in which the issue is issued. agreement, or financial lease on which the Late filing. An issuer may be granted an interest is excluded from income under 2. All of the bonds that are part of the issue extension of time to file Form 8038-GC under section 103. are qualified 501(c)(3) bonds, bonds that aren’t private activity bonds, or private activity section 3 of Rev. Proc. 2002-48, 2002-37 Tax-exempt governmental obligation. A bonds issued to finance property to be owned I.R.B. 531, if it is determined that the failure to tax-exempt obligation that isn’t a private by a governmental unit or a 501(c)(3) file on time isn’t due to willful neglect. Write at activity bond (see below) is a tax-exempt organization. the top of the form, “Request for Relief under governmental obligation. This includes a bond section 3 of Rev. Proc. 2002-48.” Attach to issued by a qualified volunteer fire department In lieu of rebating any arbitrage that may be the Form 8038-GC a letter briefly stating why under section 150(e). owed to the United States, the issuer of a construction issue may make an irrevocable the form wasn’t submitted to the IRS on time. Private activity bond. This includes an election to pay a penalty. The penalty is equal Also, indicate whether the obligation in obligation issued as part of an issue in which: to 1-1/2% of the amount of construction question is under examination by the IRS. Don’t submit copies of any bond documents, • More than 10% of the proceeds are to be proceeds that do not meet certain spending leases, or installment sale documents. See used for any private activity business use, and requirements. See section 148(f)(4)(C) and the Where To File next. • More than 10% of the payment of principal Instructions for Form 8038-T. or interest of the issue is either (a) secured by Where To File an interest in property to be used for a private Specific Instructions File Form 8038-GC and any attachments at business use (or payments for such property) In general, a Form 8038-GC must be the following address. or (b) to be derived from payments for completed on the basis of available property (or borrowed money) used for a information and reasonable expectations as of Department of the Treasury private business use. the date of issue. However, forms that are Internal Revenue Service Center Ogden, UT 84201 It also includes a bond, the proceeds of filed on a consolidated basis may be which (a) are to be used to make or finance completed on the basis of information readily Private delivery services (PDS). You can use loans (other than loans described in section available to the issuer at the close of the certain PDS designated by the IRS to meet 141(c)(2)) to persons other than governmental calendar year to which the form relates, the “timely mailing as timely filing/paying” rule units and (b) exceeds the lesser of 5% of the supplemented by estimates made in good for tax returns and payments. These PDS proceeds or $5 million. faith. include only the following: • DHL Express (DHL): DHL Same Day Service. Issue. Generally, obligations are treated as part of the same issue only if they are issued Part I—Reporting Authority • Federal Express (FedEx): FedEx Priority by the same issuer, on the same date, and as Amended return. An issuer may file an Overnight, FedEx Standard Overnight, FedEx part of a single transaction, or a series of amended return to change or add to the 2Day, FedEx International Priority, and FedEx related transactions. However, obligations information reported on a previously filed International First. issued during the same calendar year (a) return for the same date of issue. If you are • United Parcel Service (UPS): UPS Next Day under a loan agreement under which amounts filing to correct errors or change a previously Air, UPS Next Day Air Saver, UPS 2nd Day are to be advanced periodically (a “draw- filed return, check the Amended Return box in Air, UPS 2nd Day Air A.M., UPS Worldwide down loan”) or (b) with a term not exceeding the heading of the form. Express Plus, and UPS Worldwide Express. 270 days, may be treated as part of the same The amended return must provide all the issue if the obligations are equally and ratably information reported on the original return, in The PDS can tell you how to get written secured under a single indenture or loan addition to the new corrected information. proof of the mailing date. agreement and are issued under a common Attach an explanation of the reason for the Other Forms That May Be financing arrangement (for example, under the amended return and write across the top same official statement periodically updated “Amended Return Explanation.” Required to reflect changing factual circumstances). For rebating arbitrage (or paying a penalty in Also, for obligations issued under a draw- Line 1. The issuer’s name is the name of the lieu of arbitrage rebate) to the federal down loan that meets the requirements of the entity issuing the obligations, not the name of government, use Form 8038-T, Arbitrage preceding sentence, obligations issued during the entity receiving the benefit of the Rebate, Yield Reduction and Penalty in Lieu different calendar years may be treated as financing. In the case of a lease or installment of Arbitrage Rebate. For private activity part of the same issue if all of the amounts to sale, the issuer is the lessee or purchaser. bonds, use Form 8038, Information Return for be advanced under the draw-down loan are Line 2. An issuer that doesn’t have an Tax-Exempt Private Activity Bond Issues. reasonably expected to be advanced within 3 employer identification number (EIN) should For a tax-exempt governmental obligation years of the date of issue of the first apply for one online by visiting the IRS with an issue price of $100,000 or more, use obligation. Likewise, obligations (other than website at www.irs.gov/EIN. The organization Form 8038-G. private activity bonds) issued under a single may also apply for an EIN by faxing or mailing agreement that is in the form of a lease or Form SS-4 to the IRS. Rounding to Whole Dollars installment sale may be treated as part of the Lines 3 and 4. Enter the issuer’s address or same issue if all of the property covered by the address of the designated contact person You may show the money items on this return that agreement is reasonably expected to be listed on line 6. If the issuer wishes to use its as whole-dollar amounts. To do so, drop any delivered within 3 years of the date of issue of own address and the issuer receives its mail amount less than 50 cents and increase any the first obligation. in care of a third party authorized amount from 50 to 99 cents to the next higher dollar. For example, $1.49 becomes $1 and Arbitrage rebate. Generally, interest on a representative (such as an accountant or $2.50 becomes $3. If two or more amounts state or local bond isn’t tax-exempt unless attorney), enter on the street address line must be added to figure the amount to enter the issuer of the bond rebates to the United “C/O” followed by the third party’s name and on a line, include cents when adding the States arbitrage profits earned from investing street address or P.O. box. Include the suite, amounts and round off only the total. proceeds of the bond in higher yielding room, or other unit number after the street nonpurpose investments. See section 148(f). address. If the post office doesn’t deliver |
Form 8038-GC (Rev. 10-2021) Page 3 mail to the street address and the issuer has a purchase. For line 9d, enter the type of item Paid Preparer P.O. box, show the box number instead of the that is leased. For lines 9e through 9h, enter street address. If a change in address occurs the amount on the appropriate line that If an authorized representative of the issuer after the return is filed, use Form 8822, represents a bank loan. For line 9h, enter the filled in its return, the paid preparer’s space Change of Address, to notify the IRS of the type of bank loan. should remain blank. Anyone who prepares the return but does not charge the new address. Lines 9i and 9j. For line 9i, enter the amount organization shouldn’t sign the return. Certain Note: The address entered on lines 3 and 4 is of the proceeds that will be used to pay others who prepare the return shouldn’t sign. the address the IRS will use for all written principal, interest, or call premium on any For example, a regular, full-time employee of communications regarding the processing of other issue of bonds, including proceeds that the issuer, such as a clerk, secretary, etc., this return, including any notices. By will be used to fund an escrow account for shouldn’t sign. authorizing a person other than an authorized this purpose. Several lines may apply to a officer or other employee of the issuer to particular obligation. For example, report on Generally, anyone who is paid to prepare a communicate with the IRS and whom the IRS lines 9i and 9j obligations used to refund prior return must sign it and fill in the other blanks may contact about this return, the issuer issues which represent loans from the in the Paid Preparer Use Only area of the authorizes the IRS to communicate directly proceeds of another tax-exempt obligation. return. A paid preparer cannot use a social security number in the Paid Preparer Use Only with the individual listed on line 6, whose Line 9k. Enter on line 9k the amount on line box. The paid preparer must use a preparer address is entered on lines 3 and 4 and 8a that doesn’t represent an obligation tax identification number (PTIN). If the paid consents to disclose the issuer’s return described on lines 9a through 9j. preparer is self-employed, the preparer information to that individual, as necessary, to process this return. Line 10. Check this box if the issuer has should enter his or her address in the box. designated any issue as a “small issuer The paid preparer must: Line 5. This line is for IRS use only. Don’t exception” under section 265(b)(3)(B)(i)(III). make any entries in this box. • Sign the return in the space provided for the Line 11. Check this box if the issue is a preparer’s signature, and Part II—Description of Obligations construction issue and an irrevocable election • Give a copy of the return to the issuer. to pay a penalty in lieu of arbitrage rebate has Check the appropriate box designating this as been made on or before the date the bonds a return on a single issue basis or a were issued. The penalty is payable with a Paperwork Reduction Act Notice consolidated return basis. Form 8038-T for each 6-month period after We ask for the information on this form to Line 8a. The issue price of obligations is the date the bonds are issued. Don’t make carry out the Internal Revenue laws of the generally determined under Regulations any payment of penalty in lieu of rebate with United States. You are required to give us the section 1.148-1(b). Thus, when issued for Form 8038-GC. See Rev. Proc. 92-22, information. We need it to ensure that you are cash, the issue price is the price at which a 1992-1 C.B. 736, for rules regarding the complying with these laws. substantial amount of the obligations are sold “election document.” You are not required to provide the to the public. To determine the issue price of Line 12. Enter the name of the vendor or bank information requested on a form that is an obligation issued for property, see sections who is a party to the installment purchase subject to the Paperwork Reduction Act 1273 and 1274 and the related regulations. agreement, loan, or financial lease. If there are unless the form displays a valid OMB control Line 8b. For a single issue, enter the date of multiple vendors or banks, the issuer should number. Books or records relating to a form issue (for example, 03/15/2020 for a single attach a schedule. or its instructions must be retained as long as issue issued on March 15, 2020), generally Line 13. Enter the employer identification their contents may become material in the the date on which the issuer physically number of the vendor or bank who is a party administration of any Internal Revenue law. exchanges the bonds that are part of the to the installment purchase agreement, loan, Generally, tax returns and return information issue for the underwriter’s (or other or financial lease. If there are multiple vendors are confidential, as required by section 6103. purchaser’s) funds; for a lease or installment or banks, the issuer should attach a schedule. The time needed to complete and file this sale, enter the date interest starts to accrue. form will vary depending on individual For issues reported on a consolidated basis, Signature and Consent circumstances. The estimated burden for tax enter the first day of the calendar year during which the obligations were issued (for An authorized representative of the issuer exempt organizations filing this form is example, for calendar year 2020, enter must sign Form 8038-GC and any applicable approved under OMB control number 01/01/2020). certification. Also, write the name and title of 1545-0047 and is included in the estimates the person signing Form 8038-GC. The shown in the instructions for their information Lines 9a through 9h. Complete this section if authorized representative of the issuer signing return. property other than cash is exchanged for the this form must have the authority to consent If you have suggestions for making this obligation, for example, acquiring a police car, to the disclosure of the issuer’s return form simpler, we would be happy to hear from a fire truck, or telephone equipment through a information, as necessary to process this you. You can send us comments through series of monthly payments. (This type of return, to the person(s) that has been www.irs.gov/FormComments. Or you can obligation is sometimes referred to as a designated in this form. write to: “municipal lease.”) Also, complete this section if real property is directly acquired in Note: If the issuer authorizes on line 6 the IRS Internal Revenue Service exchange for an obligation to make periodic to communicate with a person other than an Tax Forms and Publications payments of interest and principal. officer or other employee of the issuer (such 1111 Constitution Ave. NW, IR-6526 authorization shall include contact both in Washington, DC 20224 Don’t complete lines 9a through 9d if the writing regardless of the address entered on proceeds of an obligation are received in the lines 3 and 4, and by telephone), by signing Do not send Form 8038-GC to this form of cash even if the term “lease” is used this form, the issuer’s authorized address. Instead, see Where To File, earlier. in the title of the issue. For lines 9a through representative consents to the disclosure of 9d, enter the amount on the appropriate line the issuer’s return information, as necessary that represents a lease or installment to process this return, to such person. |