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                                                                                                        Department of the Treasury
                                                                                                        Internal Revenue Service
Instructions for Form 8038

(Rev. February 2022)
Information Return for Tax-Exempt Private Activity Bond Issues

Section references are to the Internal Revenue 2002-37 I.R.B. 531, if it is determined       Arbitrage Rebate, Yield Reduction and 
Code unless otherwise noted.                   that the failure to file timely is not due to Penalty in Lieu of Arbitrage Rebate.
                                               willful neglect. Type or print at the top of 
Future Developments                            the form, “Request for Relief under           Rounding Off to Whole Dollars
For the latest information about               section 3 of Rev. Proc. 2002-48.” Attach      You may show the money items on this 
developments related to Form 8038 and          to the Form 8038 a letter explaining why      return as whole-dollar amounts. To 
its instructions, such as legislation          Form 8038 was not filed on time. Also         round, drop amounts under 50 cents 
enacted after they were published, go to       indicate whether the bond issue in            and increase amounts from 50 to 99 
IRS.gov/Form8038.                              question is under examination by the          cents to the next dollar (for example, 
                                               IRS. Do not submit copies of the trust        $1.49 becomes $1 and $2.50 becomes 
What’s New                                     indenture or other bond documents.            $3). If two or more amounts must be 
The Infrastructure Investment and Jobs         See Where To File next.                       added to figure the amount to enter on a 
                                                                                             line, include cents when adding the 
Act (P.L. 117-58) added exempt facility        Where To File                                 amounts and round off only the total.
bonds for qualified broadband projects 
and qualified carbon dioxide capture           File Form 8038 and any attachments at 
facilities. See Exempt facility bond,          the following address.                        Definitions
later, for more information.                                                                 Tax-exempt bond.   This is any 
                                               Department of the Treasury                    obligation on which the interest is 
                                               Internal Revenue Service Center               excluded from gross income under 
General Instructions                           Ogden, UT 84201                               section 103.
Purpose of Form                                                                              Taxable bond. This is any obligation 
                                               Private delivery services. You can            the interest on which isn’t excludable 
Form 8038 is used by the issuers of            use certain private delivery services         from gross income under section 103. 
tax-exempt private activity bonds to           (PDS) designated by the IRS to meet           Taxable bonds include tax credit bonds 
provide the IRS with the information           the “timely mailing as timely filing” rule    and direct pay bonds.
required by section 149 and to monitor         for tax returns. Go to IRS.gov/PDS for 
compliance with the requirements of            the current list of designated services.      Private activity bond. This includes a 
sections 141 through 150.                                                                    bond issued as part of an issue in 
                                               The PDS can tell you how to get 
Who Must File                                  written proof of the mailing date.            which:
                                                                                             More than 10% of the proceeds are 
Issuers must file a separate Form 8038         For the IRS mailing address to use if           to be used for any private business 
for each issue of the following                you're using PDS, go to IRS.gov/                use; and
tax-exempt private activity bonds issued       PDSstreetAddresses.                           More than 10% of the payment of 
after 1986.                                            PDS can’t deliver items to P.O.         principal or interest of the issue is 
                                                                                               either (a) secured by an interest in 
Qualified mortgage bonds.                    CAUTION Postal Service to mail any item 
Exempt facility bonds.                       !       boxes. You must use the U.S.            property to be used for a private 
Qualified veterans' mortgage                 to an IRS P.O. box address.                     business use (or payments for such 
  bonds.                                                                                       property), or (b) to be derived from 
Qualified small issue bonds.                                                                 payments for property (or borrowed 
                                               Other Forms That May Be 
Qualified student loan bonds.                                                                money) used for a private business 
Qualified redevelopment bonds.               Required
                                                                                               use.
Qualified hospital bonds.                    For tax-exempt bonds other than private 
Qualified 501(c)(3) bonds.                   activity bonds, use Form 8038-G,              It also includes a bond, the proceeds 
Nongovernmental output property              Information Return for Tax-Exempt             of which (a) are to be used (directly or 
  bonds.                                       Governmental Bonds, or Form                   indirectly) to make or finance loans 
All other tax-exempt private activity        8038-GC, Information Return for Small         (other than loans described in section 
  bonds.                                       Tax-Exempt Governmental Bond                  141(c)(2)) to persons other than 
                                               Issues, Leases, and Installment Sales.        governmental units, and (b) exceeds 
When To File                                                                                 the lesser of 5% of the proceeds or $5 
File Form 8038 by the 15th day of the          Bonds described in section 1312(c)            million.
2nd calendar month after the close of          of the Tax Reform Act of 1986 to which        Exempt facility bond.  This is part of 
the calendar quarter in which the bond         the transitional rules in section 1312 or     an issue of which 95% or more of the 
was issued. Form 8038 may not be filed         1313 apply are not private activity bonds     net proceeds are to be used to finance 
before the issue date and must be              for purposes of information reporting.        an exempt facility listed in sections 
completed based on the facts as of the         Report them on Form 8038-G or Form            142(a)(1) through (17). Exempt facility 
issue date.                                    8038-GC.                                      bonds include empowerment zone 
                                                                                             facility bonds and enterprise zone 
Late filing. An issuer may be granted          For rebating arbitrage or paying a            facility bonds for use in empowerment 
an extension of time to file Form 8038         penalty in lieu of arbitrage rebate to the    zones and enterprise communities, 
under section 3 of Rev. Proc. 2002-48,         federal government, use Form 8038-T, 

Jan 24, 2022                                             Cat. No. 49974V



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respectively, and recovery zone facility    general application to which the        and nonhospital) to provide residential 
bonds for use in recovery zones.            Higher Education Act of 1965            rental housing. See section 145(d).
                                            applies (see section 144(b)(1)(A) 
Qualified mortgage bond.     This is part                                           Note.  Interest on any bond issued after 
                                            for additional requirements), or
of an issue:                                                                        December 31, 2017, to advance refund 
1. Of which all proceeds (except           2. 95% or more of the net proceeds       a tax-exempt bond is not excluded from 
  issuance costs and reasonably             are to be used to make or finance       gross income.
  required reserves) are to be used to      student loans under a program of 
  finance owner-occupied                    general application approved by the     Issue price. The issue price of bonds 
  residences,                               state (see section 144(b)(1)(B) for     is generally determined under 
                                            additional requirements).               Regulations section 1.148-1(f). Thus, 
2. That meets the requirements of                                                   when issued for cash, the issue price is 
  subsections (c) through (i) and (m)      Qualified redevelopment bond.     This   the first price at which a substantial 
  (7) of section 143,                      is generally part of an issue of which   amount of the bonds are sold to the 
                                           95% or more of the net proceeds are to   public. To determine the issue price of a 
3. That does not meet the private          be used for one or more redevelopment    bond issued for property, see sections 
  business tests of sections 141(b)(1)     purposes in any designated blighted      1273 and 1274 and the related 
  and (2), and                             area. See section 144(c) for specific    regulations.
4. For which repayments of principal       requirements.
                                                                                    Note.  The issue price does not include 
  on financing provided by the issue       Qualified 501(c)(3) bond. This is any    interest from the date the bonds are 
  (that are received more than 10          private activity bond that meets the     dated to the date of issue.
  years after the date of issuance)        following conditions.
  are used to redeem bonds that are                                                 Issue. Generally, bonds are treated as 
  part of the issue. Amounts of less       1. All property financed by the net      part of the same issue if they are issued 
  than $250,000 need not be used to         proceeds of the bond issue is to be     by the same issuer, on the same date, 
  redeem bonds under this                   owned by a section 501(c)(3)            and in a single transaction, or series of 
  requirement.                              organization or a governmental unit.    related transactions. See Regulations 
Qualified veterans' mortgage bond.         2. The bond would not be a private       section 1.149(e)-1(e)(2).
This is part of an issue:                   activity bond if (a) section 501(c)(3)  Arbitrage rebate. Generally, interest 
                                            organizations were treated as           on a state or local bond is not tax 
1. Of which 95% or more of the net          governmental units with respect to      exempt unless the issuer of the bond 
  proceeds are to be used to provide        their activities that do not constitute rebates to the United States arbitrage 
  residences for veterans;                  unrelated trades or businesses          profits earned from investing proceeds 
2. For which the payment of the             (determined by applying section         of the bond in higher yielding 
  principal and interest is secured by      513(a)); and (b) the private activity   nonpurpose investments. See section 
  the general obligation of a state;        bond definition was applied using a     148(f).
                                            5% threshold (instead of 10%) for 
3. That meets the requirements of           the private use, security, and/or       Construction issue. This is an issue 
  subsections (c), (g), (i)(1), and (l) of  payment tests, and the activities       of tax-exempt bonds that meets both of 
  section 143; and                          that constitute unrelated trades or     the following conditions.
4. That does not meet the private           businesses are aggregated with          1. At least 75% of the available 
  business tests of sections 141(b)(1)      any other private use, security, or     construction proceeds are to be 
  and (2).                                  payment and by substituting “net        used for construction expenditures 
                                            proceeds” (instead of proceeds)         with respect to property to be 
Qualified small issue bond.  This is        each place it appears.                  owned by a governmental unit or a 
part of an issue not exceeding $1 million   A qualified 501(c)(3) bond includes     section 501(c)(3) organization.
of which 95% or more of the net            the following.                           2. All the bonds that are part of the 
                                           
proceeds are to be used to finance the      Qualified hospital bond that is part    issue are qualified 501(c)(3) bonds, 
following.                                  of an issue of which 95% or more of     bonds that are not private activity 
Land or depreciable property to be        the net proceeds are to be used for     bonds, or private activity bonds 
  used for manufacturing, or subject        a hospital. See section 145(c).         issued to finance property to be 
                                           
  to additional limitations, farming        Qualified nonhospital bond that is      owned by a governmental unit or a 
  purposes; or                              other than a qualified hospital bond.   section 501(c)(3) organization.
A redemption of a prior issue of          In general, an organization cannot 
  qualified small issue bonds.              have more than $150 million of          In lieu of rebating any arbitrage that 
Note. The $1 million limit can be           qualified 501(c)(3) nonhospital         may be owed to the United States, the 
increased to $10 million if an election is  bonds. However, the limit does not      issuer of a construction issue may make 
made to take certain capital                apply to bonds issued after August      an irrevocable election to pay a penalty. 
expenditures into account. See section      5, 1997, if 95% or more of the net      The penalty is equal to 1 / % of the 1 2
144(a)(4).                                  proceeds of the issue are to be         amount of construction proceeds that 
                                            used solely for capital expenditures    do not meet certain spending 
Qualified student loan bond. This is        incurred after that date. See section   requirements. See section 148(f)(4)(C)
part of an issue of which:                  145(b).                                 (vii) and the Instructions for Form 
                                                                                    8038-T.
1. 90% or more of the net proceeds          Restrictions apply to the use of 
  are to be used to make or finance        qualified 501(c)(3) bonds (both hospital 
  student loans under a program of 

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                                             Otherwise, enter the issuer's number       Line 11h.  Bonds issued to finance 
Specific Instructions                        and street (or P.O. box if mail is not     certain facilities may also qualify as 
                                             delivered to street address), city, town,  exempt facility bonds if they were (a) 
Part I—Reporting Authority                   or post office, state, and ZIP code.       permitted as exempt facility bonds 
Amended return.  An issuer may file an                                                  under prior law, and (b) issued under 
amended return to change or add to the       Note. The address entered on lines 4       one of the transitional rules of the Tax 
information reported on a previously         and 6 is the address the IRS will use for  Reform Act of 1986 (the 1986 Act).
filed return for the same date of issue. If  all written communications regarding 
you are filing to correct errors or change   the processing of this return, including   These facilities             As described in
a previously filed return, check the         any notices.                               include...                   former section...
“Amended Return” box in the heading of       Line 5. This line is for IRS use only. Do  A sports facility            103(b)(4)(B)
the form.                                    not make an entry.
                                                                                        A convention or trade 
The amended return must provide all          Line 7. The date of issue is generally     show facility                103(b)(4)(C)
the information reported on the original     the first date on which the issuer 
return, in addition to the new or            physically exchanges any bond              A parking facility           103(b)(4)(D)
corrected information. Attach an             included in the issue for the 
explanation of the reason for the            underwriter's (or other purchaser's)       A pollution control facility 103(b)(4)(F)
amended return.                              funds.
                                                                                        A hydroelectric facility     103(b)(4)(H)
Line 1. The issuer's name is the name        Line 8. If there is no name of the issue, 
of the entity issuing the bonds, not the     please provide other identification of the An industrial park           103(b)(5)
name of the entity receiving the benefit     issue.
of the financing.
                                             Line 9. Enter the CUSIP (Committee on      If one of the above applies, indicate 
Line 2. An issuer that does not have an      Uniform Securities Identification          the facility type and then give the 
employer identification number (EIN)         Procedures) number of the bond with        specific provision of the 1986 Act 
should apply online by visiting the IRS      the latest maturity. If the issue does not pertaining to the facility on line 11h.
website at IRS.gov/EIN. The                  have a CUSIP number, write “None.”
organization may also apply for an EIN                                                  Line 11i.  Enter the issue price if the 
by faxing or mailing Form SS-4 to the        Line 10a. Enter the name and title of      bonds are part of any issue 95% or 
IRS.                                         the officer or other employee of the       more of the net proceeds of which are to 
                                             issuer whom the IRS may call for more      be used to provide any enterprise zone 
Line 3a.  If the issuer wishes to            information. If the issuer wishes to       facility in an empowerment zone or 
authorize a person other than an officer     designate a person other than an officer   enterprise community. See section 
or other employee of the issuer              or other employee of the issuer            1394.
(including a legal representative or paid    (including a legal representative or paid 
preparer) to communicate with the IRS        preparer) whom the IRS may call for        Line 11j.  Enter the issue price if the 
and whom the IRS may contact with            more information with respect to the       bonds are (a) issued after August 5, 
respect to this return (including in writing return, enter the name, title, and         1997, and (b) part of any issue 95% or 
or by telephone), enter the name of          telephone number of such person on         more of the net proceeds of which are to 
such person here. The person listed in       lines 3a and 3b.                           be used to provide any empowerment 
line 3a must be an individual. Do not                                                   zone facility. See section 1394(f).
enter the name and title of an officer or            Complete lines 10a and 10b 
                                                                                        The updated information on the 
other employee of the issuer here (use       !       even if you complete lines 3a      designated urban empowerment zones 
line 10a for that purpose).                  CAUTION and 3b.
                                                                                        is available at www.hud.gov; for the 
Note. By authorizing a person other          Part II—Type of Issue                      designated rural empowerment zones, 
than an authorized officer or other                                                     go to www.rd.usda.gov.
employee of the issuer to communicate                Elections referred to in Part II 
                                                                                        Line 11q.  On the space provided, enter 
with the IRS and whom the IRS may            !       are made on the original bond      the facility type, if applicable, and enter 
contact with respect to this return, the     CAUTION documents, not on this form.
                                                                                        the issue price of the bonds in the issue 
issuer authorizes the IRS to                 You must identify the type of bonds        price column.
communicate directly with the individual     issued by entering the issue price in the 
entered on line 3a and consents to           box corresponding to the type of bond 
disclose the issuer's return information     (see Issue price under Definitions, 
to that individual, as necessary, in order   earlier). Also enter information on 
to process this return.                      line 20b, Reissuance, if applicable.
Lines 4 and 6.   If you listed in line 3a a  Line 11f. After entering the issue price, 
person other than an officer or other        check the appropriate box for the 
employee of the issuer (including a legal    percentage test elected by the issuer at 
representative or paid preparer) to          the time of issuance of the bonds. Then, 
communicate with the IRS and whom            check the appropriate box to show 
the IRS may contact with respect to this     whether an election was made for deep 
return, enter the number and street (or      rent skewing. See Rev. Rul. 94-57, 
P.O. box if mail is not delivered to street  1994-2 C.B. 5, for guidance on figuring 
address), city, town, or post office,        the income limits applicable to these 
state, and ZIP code of that person.          bonds.

Instructions for Form 8038 (Rev. 2-2022)                       -3-



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                          As described                August 5, 1997, if 95% or more of the      purchase price, including accrued 
Facility types include... in section...               net proceeds are used solely for capital   interest. See Regulations section 
                                                      expenditures incurred after that date.     1.148-4 for specific rules to figure the 
Environmental                                                                                    yield on an issue. If the issue is a 
enhancements of                                       Line 19. Enter the issue price if the 
                                                                                                 variable rate issue, write “VR” as the 
hydroelectric generating  142(a)(12) and              bonds are used to acquire 
                                                                                                 yield of the issue. For other than 
facilities                142(j)                      nongovernmental output property, 
                                                                                                 variable rate issues, carry the yield out 
                                                      which is property used by a 
                                                                                                 to four decimal places (for example, 
High-speed intercity rail 142(a)(11),                 nongovernmental person in connection 
                                                                                                 5.3125%).
facilities*               142(c), and                 with an output facility (such as an 
                          142(i)                      electric or gas power project).            Part IV—Uses of Proceeds of 
*Note. Proceeds of an exempt facility bond may not 
be used for this type of facility if there is a       Line 20a.  For IRS use only. Do not        Issue
nongovernmental owner of the facility unless that     make an entry.                             Line 22. Enter the amount of proceeds 
owner makes an irrevocable election not to claim (1) 
depreciation under section 167 or 168, or (2) any     Line 20b.  If the Form 8038 is filed       that will be used to pay interest on the 
credit against its income tax with respect to the     because the bonds are treated as           issue accruing prior to the date of issue. 
property financed with the net proceeds of the issue. reissued (i) pursuant to Regulations       For definition of date of issue, see these 
                                                      section 1.141-12 or other applicable       instructions, line 7.
                                                      authority concerning remedial actions,     Line 24. Enter the amount of the 
Line 12b.   This line is for IRS use only.            or (ii) because of a significant           proceeds that will be used to pay bond 
Do not make an entry.                                 modification described in Regulations      issuance costs, including fees for 
                                                      section 1.1001-3 or other applicable       trustees and bond counsel. If no bond 
Line 13.    Check the box if the issuer               authority, complete line 20b,              proceeds have been used to pay bond 
has elected, in the bond indenture or                 Reissuance, by writing a description of    issuance costs, enter zero. Do not leave 
related document, to pay to the United                the original type of issue (for example,   this line blank.
States the amount described in section                tax-exempt governmental bonds, 
143(g)(3)(D).                                         qualified 501(c)(3) bonds, Build America   Line 25. Enter the amount of the 
Line 14.    Enter the issue price if the              bonds, qualified energy conservation       proceeds that will be used to pay fees 
bond issue is an exempt issue of $10                  bonds, exempt facility bonds, qualified    for credit enhancement that are taken 
million or less for which an election                 small issue bonds, etc.) in the space      into account in determining the yield on 
under section 144(a)(4) has been made                 provided and entering the amount of        the issue for purposes of section 148(h) 
by the issuer at or before the time of                bonds treated as reissued in the issue     (for example, bond insurance premiums 
issuance on the bonds or in its records.              price column.                              and certain fees for letters of credit).
See section 144(a). Check the box if the              Line 20c.  Enter the issue price only if   Line 26. Enter the amount of the 
$10 million small issue exemption                     none of the lines above apply and you      proceeds that will be allocated to such a 
applies.                                              are required to file an information return fund.
Line 17.    Attach a schedule listing the             for a private activity bond. Enter a       Line 27. Enter the amount of the 
name and EIN for each section 501(c)                  description of the bond type.              proceeds that will be used to pay 
(3) organization benefiting from these                Part III—Description of Bonds              principal, interest, or call premium on 
qualified hospital bonds.                                                                        any tax-exempt bonds, including 
                                                      Line 21. For column (a), the final         proceeds that will be used to fund an 
Line 18.    Enter the total amount of                 maturity date is the last date the issuer  escrow account for this purpose.
qualified nonhospital bonds described                 must redeem the entire issue.
in section 145(b)(2) that are a part of                                                          Line 28. Enter the amount of the 
this issue. For each section 501(c)(3)                For column (b), see Issue price under      proceeds that will be used to pay 
organization benefiting from these                    Definitions, earlier.                      principal, interest, or call premium on 
qualified nonhospital bonds, attach a                 For column (c), the stated                 any taxable bonds, including proceeds 
schedule listing:                                     redemption price at maturity of the        that will be used to fund an escrow 
                                                      entire issue is the sum of the stated      account for this purpose.
1. The name of the organization;                      redemption prices at maturity of each 
2. Its EIN;                                           bond issued as part of the issue.          Part V—Description of Property 
3. The amount of this issue of bonds                  For column (d), the weighted average       Financed
benefiting the organization; and                      maturity is the sum of the products of     Line 31. Enter the amount of 
                                                      the issue price of each maturity and the   nonrefunding proceeds used to finance 
4. If the box for line 18 is not checked,             number of years to maturity (determined    real and depreciable personal property 
the amount of all other nonhospital                   separately for each maturity and by        and if the bonds are qualified 501(c)(3) 
bonds outstanding as of the date of                   taking into account mandatory              bonds, the proceeds used to refund 
this issue that benefit the                           redemptions), divided by the issue price   taxable bonds used to finance real and 
organization.                                         of the entire issue (from line 21, column  depreciable property. If the amounts are 
                                                      (b)).                                      not available at the time of issuance, 
Note.  The amount in item 4 above plus                                                           make a reasonable proration between 
line 18 cannot exceed $150 million with               For column (e), the yield, as defined 
respect to bonds issued (a) prior to                  in section 148(h), is the discount rate    the land, buildings, and equipment.
August 6, 1997, and (b) after August 5,               that, when used to figure the present 
1997, if used for noncapital                          value of all payments of principal and     Note. Under section 147(c), a private 
expenditures. The $150 million limit                  interest to be paid on the bond,           activity bond is not a qualified bond if 
does not apply to bonds issued after                  produces an amount equal to the            25% or more of the proceeds are used 

                                                                     -4-                         Instructions for Form 8038 (Rev. 2-2022)



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for the acquisition of land or if any of the Part VII—Miscellaneous                      Regulations to ensure that all 
proceeds are used to acquire farm land                                                   nonqualified bonds of this issue are 
(other than an amount of proceeds not        Line 37. Under the rules of section         remediated and the issuer has 
in excess of $450,000 to be used by a        147(f), private activity bonds are not tax  established written procedures to 
first-time farmer). An exception to this     exempt unless they receive public           comply with such remedial provisions, 
general rule is for land acquired for        approval by certain officials or voter      check the box. For example, remedial 
certain environmental purposes. See          referendums. Enter the name of the          provisions under Regulations section 
section 147(c)(3). Also, a bond is not a     governmental unit(s) approving the          1.142-2 apply to exempt facility bonds; 
qualified bond if the proceeds are used      issue. Enter also the date of approval by   Regulations section 1.144-2 applies 
for the acquisition of used property         the applicable elected representatives      section 1.142-2 to qualified small issue 
(other than land), except in the case of     and the date of the public hearing. In the  bonds; Regulations section 1.145-2 
certain rehabilitations. See section         alternative, enter the date of the voter    applies section 1.141-12 to qualified 
147(d).                                      referendum.                                 501(c)(3) bonds; and section 142(f)(2)
For items that do not readily fit within     If, under the rules of section 147(f),      (B) applies to bonds issued to finance 
categories 31a, b, c, or d, enter the        no approval is needed because the           facilities for the local furnishing of 
amount of those proceeds in category         issue meets an exception to the public      electric energy or gas.
31e, Other, and briefly describe them on     approval requirement, write “No 
                                                                                         Line 44.  Check the box if the issuer 
the line.                                    approval needed” on line 37. Also enter 
                                                                                         has established written procedures to 
                                             on line 37 the provision of section 147(f) 
                                                                                         monitor compliance with the arbitrage, 
Line 32.  For each project to be             under which the issue is excepted (for 
                                                                                         yield restriction, and rebate 
financed with proceeds entered on            example, “section 147(f)(2)(D)”), or if 
                                                                                         requirements of section 148.
line 31a, b, c, d, or e, enter the           under any transitional rule, write 
corresponding:                               “Transitional rule” and the applicable      Line 45a.    Determine and enter the 
Six-digit North American Industry          Act (for example, “Tax Reform Act of        amount of the proceeds of the issue 
  Classification System (NAICS) code         1986”) and section.                         used to reimburse the issuer for 
  that best describes the project, and                                                   amounts paid for a qualified purpose 
Face amount of the project.                Line 39. Check this box if the issue is a 
                                                                                         prior to the issuance of the bonds. See 
                                             construction issue and an irrevocable 
                                                                                         Regulations section 1.150-2.
If there are more than four projects to      election to pay a penalty in lieu of 
be financed by the issue, attach a           arbitrage rebate has been made on or        Line 45b.    Subject to certain exceptions 
separate sheet of paper stating the          before the date the bonds were issued.      under Regulations section 1.150-2(f), an 
NAICS codes and face amount of each          The penalty is payable with a Form          issuer must adopt an official intent, as 
project.                                     8038-T for each 6-month period after        described in Regulations section 
For the purpose of determining               the date the bonds are issued. Do not       1.150-2(e), to reimburse itself for 
NAICS codes where the project fits into      make any payment of penalty in lieu of      preissuance expenditures within 60 
more than one category, the ultimate         arbitrage rebate with this form. See Rev.   days after payment of the original 
use of the facility determines the NAICS     Proc. 92-22, 1992-1 C.B. 736, for rules     expenditure. Enter the date the official 
code number. For example, an                 regarding the “election document.”          intent was adopted.
investment partnership financing a 
                                             Line 40a. Check this box if the issuer      Line 46.  Check this box if:
manufacturing facility should use the 
                                             has identified a hedge on its books and 
relevant manufacturing NAICS code,                                                       The issue is      As described in 
                                             records in accordance with Regulations 
not the partnership's financial activities                                               comprised of...       section...
                                             sections 1.148-4(h)(2)(viii) and 
code.
                                             1.148-4(h)(5) that permit an issuer of 
The NAICS codes are available on             tax-exempt bonds to identify a hedge for 
the U.S. Census Bureau website at            it to be included in yield calculations for Qualified 
www.census.gov/naics.                        figuring arbitrage.                         redevelopment bonds 144(c)
Part VI—Description of                       Line 41. In determining if the issuer has   Qualified small issue 
Refunded Bonds                               super-integrated a hedge, apply the         bonds                 144(a)
Complete this part only if the bonds are     rules of Regulations section 1.148-4(h)     Exempt facilities     142(a)(4) through 
to be used to refund a prior issue of        (4). If the hedge is super-integrated,      bonds                 142(a)(11), 142(a)(13) 
tax-exempt bonds or taxable bonds.           check the box.                                                    through 142(a)(17), 
Lines 33 and 34. The remaining               Line 42a. If any portion of the gross                             1394, and 1400U-3
weighted average maturity is                 proceeds of the issue are or will be 
determined without regard to the             invested in a guaranteed investment 
refunding. The weighted average              contract (GIC), as defined in               If one of the above applies, then 
maturity is determined in the same           Regulations section 1.148-1(b), enter       enter the name and EIN of the primary 
manner as for line 21, column (d).           the amount of the gross proceeds so         private user. A “primary private user” is 
                                             invested.                                   the nongovernmental entity that meets 
Line 35.  Enter the last date on which                                                   the private business tests of section 
any of the bonds being refunded will be      Line 42b. Enter the final maturity date     141(b) or private loan financing test of 
called.                                      of the GIC.                                 section 141(c).
Line 36.  If more than a single issue of     Line 42c. Enter the name of the GIC         Part VIII—Volume Caps
tax-exempt bonds or taxable bonds will       provider.
                                                                                         Line 47.  Enter the amount of volume 
be refunded, enter the date of issue for     Line 43. If there are applicable 
                                                                                         cap allocated to the issuer. Attach a 
each refunded issue.                         provisions under either the Code or 
                                                                                         copy of the state certification, if 

Instructions for Form 8038 (Rev. 2-2022)                         -5-



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applicable. The appropriate state official dioxide capture facilities are not         include the information requested by 
must certify that the issue meets the      subject to the volume cap; however,        lines 1, 2, and 7 through 9 on page 1 of 
requirements of section 146 (relating to   for high-speed intercity rail facilities   Form 8038, as well as the title of the 
volume cap on private activity bonds).     and qualified broadband projects,          certifying official.
See the regulations under section          no volume cap applies if all the 
149(e). The certification must also        bond-financed property is                  Signature and Consent
include the information requested by       governmentally owned. See                  An authorized representative of the 
lines 1, 2, and 7 through 9 on page 1 of   sections 146(g) and 142(b)(1)(B).          issuer must sign Form 8038 and any 
Form 8038, as well as the title of the                                                applicable certification. Also print the 
certifying official.                       Line 49b.  If any part of the issue is     name and title of the person signing 
                                           issued under a carryforward election,      Form 8038. The authorized 
Failure to attach the certification with   enter the amount of the bonds being        representative of the issuer signing this 
the information described in the           issued under that election. Attach a       form must have the authority to consent 
paragraph above may result in a delay      copy of the applicable Form 8328,          to the disclosure of the issuer's return 
in processing this form.                   Carryforward Election of Unused Private    information, as necessary to process 
Line 48. Enter the amount of the issue     Activity Bond Volume Cap.                  this return, to the person(s) that has 
subject to the unified state volume cap    Line 49c.  If any part of the issue is not been designated in Form 8038.
for private activity bonds under section   subject to the volume cap under a 
146. If, under section 141(b)(5), the      transitional rule of the Tax Reform Act of Note. If the issuer in Part I, lines 3a and 
nonqualified amount of an issue            1986, enter the appropriate section of     3b, authorizes the IRS to communicate 
exceeds $15 million, but does not          the Act and then the amount of the         (including in writing and by telephone) 
exceed the amount that would cause a       bonds excepted from the volume cap by      with a person other than an officer or 
bond which is part of an issue to be       that rule.                                 other employee of the issuer, by signing 
treated as a private activity bond, the                                               this form, the issuer's authorized 
issuer must allocate a part of its volume  Line 49d.  Any bond that is issued to      representative consents to the 
cap to the nonqualified amount over $15    currently refund another bond is not       disclosure of the issuer's return 
million. Include amounts subject to        subject to the volume cap to the extent    information, as necessary to process 
volume cap under section 146(g)(4), (5),   that the amount of such bond does not      this return, to such person.
and (6). However, for high-speed           exceed the outstanding amount of the 
intercity rail facilities and qualified    refunded bond. See section 146(i) and      Paid Preparer
broadband projects, if all the             section 1313(a) of the Tax Reform Act 
bond-financed property is                  of 1986. Enter the amount not subject to   If an authorized officer of the issuer filled 
governmentally owned, no volume cap        the volume cap. Also enter the amount      in this return, the paid preparer's space 
applies. See sections 146(g) and 142(b)    issued to currently refund another bond    should remain blank. Anyone who 
(1)(B).                                    pursuant to authority provided in Notice   prepares the return but does not charge 
                                           2019-39, 2019-24 I.R.B. 1322, Current      the organization should not sign the 
Line 49. This line is for the IRS use      Refundings for Certain Targeted State,     return. Certain others who prepare the 
only. Do not make an entry.                Local, and Indian Tribal Government        return should not sign. For example, a 
Line 49a. Enter the amount of any          Bond Programs.                             regular, full-time employee of the issuer, 
                                                                                      such as a clerk, secretary, etc., should 
bond issued as part of an issue to         Line 50b.  Enter the state limit on        not sign.
finance exempt facilities that are not     qualified veterans' mortgage bonds for 
subject to the unified state volume cap.   the calendar year under section 143(l)     Generally, anyone who is paid to 
These facilities include the following.    (3).                                       prepare a return must sign it and fill in 
Airports.
Docks.                                   Line 51a.  Enter the amount of volume      the other blanks in the Paid Preparer 
Wharves.                                 cap allocated to the issuer. Attach a      Use Only area of the return. The paid 
Environmental enhancements of            copy of the government's certification.    preparer must:
  hydroelectric generating facilities.     The official must certify that the issue   Sign the return in the space 
Qualified public educational             meets the requirements, including the        provided for the preparer's 
  facilities.                              applicable volume cap under section          signature,
Qualified green building and             1394(f). The certification must also       Enter the preparer information, and
  sustainable design projects.             include the information requested by       Give a copy of the return to the 
Qualified highway or surface freight     lines 1, 2, and 7 through 9 on page 1 of     issuer.
  transfer facilities.                     Form 8038, as well as the title of the 
Solid waste facilities.                  certifying official.                       Paperwork Reduction Act Notice. 
                                                                                      We ask for the information on this form 
  Note.   These facilities may have to     Line 51b.  Enter the name of the           to carry out the Internal Revenue laws of 
  be governmentally owned. See             empowerment zone. See the                  the United States. You are required to 
  section 146(h) and section 142(b)        instructions for line 11j on where to get  give us the information. We need it to 
  (1).                                     the names of the empowerment zones.        ensure that you are complying with 
High-speed intercity rail facilities.
Qualified broadband projects.            Line 52.   Enter the amount of volume      these laws and to allow us to figure and 
Qualified carbon dioxide capture         cap allocated to the issuer. Attach a      collect the right amount of tax.
  facilities.                              copy of the state certification, if        You are not required to provide the 
  Note.   Only 75% of any exempt           applicable. The appropriate state official information requested on a form that is 
  facility bond for high-speed intercity   must certify that the issue meets the      subject to the Paperwork Reduction Act 
  rail facilities, qualified broadband     volume cap requirements of section         unless the form displays a valid OMB 
  projects, and qualified carbon           142(k)(5). The certification must also     control number. Books or records 

                                                                -6-                   Instructions for Form 8038 (Rev. 2-2022)



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relating to a form or its instructions must burden for tax-exempt organizations        Internal Revenue Service
be retained as long as their contents       filing this form is approved under OMB     Tax Forms and Publications
may become material in the                  control number 1545-0047 and is            1111 Constitution Ave. NW, 
administration of any Internal Revenue      included in the estimates shown in the     IR-6526
law. Generally, tax returns and return      instructions for their information return. Washington, DC 20224
information are confidential, as required 
by section 6103.                            If you have suggestions for making         Do not send Form 8038 to this address. 
                                            this form simpler, we would be happy to    Instead, see Where To File, earlier.
The time needed to complete and file        hear from you. You can send us 
this form will vary depending on            comments through IRS.gov/
individual circumstances. The estimated     FormComments. Or you can write to:

Instructions for Form 8038 (Rev. 2-2022)                -7-






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