Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/i8038/202202/a/xml/cycle02/source (Init. & Date) _______ Page 1 of 7 12:26 - 24-Jan-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 |
Page 2 of 7 Fileid: … ns/i8038/202202/a/xml/cycle02/source 12:26 - 24-Jan-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 -2- Instructions for Form 8038 (Rev. 2-2022) |
Page 3 of 7 Fileid: … ns/i8038/202202/a/xml/cycle02/source 12:26 - 24-Jan-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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- |
Page 4 of 7 Fileid: … ns/i8038/202202/a/xml/cycle02/source 12:26 - 24-Jan-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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) |
Page 5 of 7 Fileid: … ns/i8038/202202/a/xml/cycle02/source 12:26 - 24-Jan-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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- |
Page 6 of 7 Fileid: … ns/i8038/202202/a/xml/cycle02/source 12:26 - 24-Jan-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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) |
Page 7 of 7 Fileid: … ns/i8038/202202/a/xml/cycle02/source 12:26 - 24-Jan-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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- |