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                                                                                                        Department of the Treasury
                                                                                                        Internal Revenue Service
Instructions for Form 8038

(Rev. October 2021)
Information Return for Tax-Exempt Private Activity Bond Issues

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

Sep 13, 2021                                             Cat. No. 49974V



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

                                                          -2-                        Instructions for Form 8038 (Rev. 10-2021)



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“Amended Return” box in the heading of       Line 5. This line is for IRS use only. Do  These facilities             As described in
the form.                                    not make an entry.                         include...                   former section...
The amended return must provide all 
                                             Line 7. The date of issue is generally 
the information reported on the original                                                A sports facility            103(b)(4)(B)
                                             the first date on which the issuer 
return, in addition to the new or                                                       A convention or trade 
                                             physically exchanges any bond 
corrected information. Attach an                                                        show facility                103(b)(4)(C)
                                             included in the issue for the 
explanation of the reason for the 
                                             underwriter's (or other purchaser's) 
amended return.                                                                         A parking facility           103(b)(4)(D)
                                             funds.
Line 1. The issuer's name is the name                                                   A pollution control facility 103(b)(4)(F)
                                             Line 8. If there is no name of the issue, 
of the entity issuing the bonds, not the 
                                             please provide other identification of the 
name of the entity receiving the benefit                                                A hydroelectric facility     103(b)(4)(H)
                                             issue.
of the financing.
                                             Line 9. Enter the CUSIP (Committee on      An industrial park           103(b)(5)
Line 2. An issuer that does not have an 
                                             Uniform Securities Identification 
employer identification number (EIN) 
                                             Procedures) number of the bond with 
should apply online by visiting the IRS                                                 If one of the above applies, indicate 
                                             the latest maturity. If the issue does not 
website at IRS.gov/EIN. The                                                             the facility type and then give the 
                                             have a CUSIP number, write “None.”
organization may also apply for an EIN                                                  specific provision of the 1986 Act 
by faxing or mailing Form SS-4 to the        Line 10a. Enter the name and title of      pertaining to the facility on line 11h.
IRS.                                         the officer or other employee of the 
                                             issuer whom the IRS may call for more      Line 11i.   Enter the issue price if the 
Line 3a.  If the issuer wishes to                                                       bonds are part of any issue 95% or 
                                             information. If the issuer wishes to 
authorize a person other than an officer                                                more of the net proceeds of which are to 
                                             designate a person other than an officer 
or other employee of the issuer                                                         be used to provide any enterprise zone 
                                             or other employee of the issuer 
(including a legal representative or paid                                               facility in an empowerment zone or 
                                             (including a legal representative or paid 
preparer) to communicate with the IRS                                                   enterprise community. See section 
                                             preparer) whom the IRS may call for 
and whom the IRS may contact with                                                       1394.
                                             more information with respect to the 
respect to this return (including in writing return, enter the name, title, and         Line 11j.   Enter the issue price if the 
or by telephone), enter the name of 
                                             telephone number of such person on 
such person here. The person listed in                                                  bonds are (a) issued after August 5, 
                                             lines 3a and 3b.
line 3a must be an individual. Do not                                                   1997, and (b) part of any issue 95% or 
enter the name and title of an officer or            Complete lines 10a and 10b         more of the net proceeds of which are to 
                                                                                        be used to provide any empowerment 
other employee of the issuer here (use       !       even if you complete lines 3a      zone facility. See section 1394(f).
line 10a for that purpose).                  CAUTION and 3b.
                                                                                        The updated information on the 
Note. By authorizing a person other          Part II—Type of Issue                      designated urban empowerment zones 
than an authorized officer or other                                                     is available at www.hud.gov; for the 
employee of the issuer to communicate                Elections referred to in Part II   designated rural empowerment zones, 
with the IRS and whom the IRS may            !       are made on the original bond      go to www.rd.usda.gov.
contact with respect to this return, the     CAUTION documents, not on this form.
                                                                                        Line 11k.   This line is for IRS use only. 
issuer authorizes the IRS to                 You must identify the type of bonds        Do not make an entry.
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      Line 11o.   This line is for IRS use only. 
disclose the issuer's return information     (see Issue price under Definitions,        Do not make an entry.
to that individual, as necessary, in order   earlier). Also enter information on        Line 11q.   On the space provided, enter 
to process this return.                      line 20b, Reissuance, if applicable.       the facility type, if applicable, and enter 
Lines 4 and 6.   If you listed in line 3a, a Line 11f. After entering the issue price   the issue price of the bonds in the issue 
person other than an officer or other        check the appropriate box for the          price column.
employee of the issuer (including a legal    percentage test elected by the issuer at                                As described 
representative or paid preparer) to          the time of issuance of the bonds. Then,   Facility types include...    in section...
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      Environmental 
return, enter the number and street (or      rent skewing. See Rev. Rul. 94-57,         enhancements of 
P.O. box if mail is not delivered to street  1994-2 C.B. 5, for guidance on figuring    hydroelectric generating     142(a)(12) and 
address), city, town, or post office,        the income limits applicable to these      facilities                   142(j)
state, and ZIP code of that person.          bonds.                                     High-speed intercity rail    142(a)(11), 
Otherwise, enter the issuer's number 
and street (or P.O. box if mail is not       Line 11h. Bonds issued to finance          facilities*                  142(c), and 
delivered to street address), city, town,    certain facilities may also qualify as                                  142(i)
or post office, state, and ZIP code.         exempt facility bonds if they were (a)     *Note. Proceeds of an exempt facility bond may not 
                                             permitted as exempt facility bonds         be used for this type of facility if there is a 
Note. The address entered on lines 4         under prior law, and (b) issued under      nongovernmental owner of the facility unless that 
                                                                                        owner makes an irrevocable election not to claim (1) 
and 6 is the address the IRS will use for    one of the transitional rules of the Tax   depreciation under section 167 or 168, or (2) any 
all written communications regarding         Reform Act of 1986 (the 1986 Act).         credit against its income tax with respect to the 
the processing of this return, including                                                property financed with the net proceeds of the issue.
any notices.

Instructions for Form 8038 (Rev. 10-2021)                    -3-



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Line 12b. This line is for IRS use only.  or (ii) because of a significant           Line 24. Enter the amount of the 
Do not make an entry.                     modification described in Regulations      proceeds that will be used to pay bond 
                                          section 1.1001-3 or other applicable       issuance costs, including fees for 
Line 13. Check the box if the issuer      authority, complete line 20b,              trustees and bond counsel. If no bond 
has elected, in the bond indenture or     Reissuance, by writing a description of    proceeds have been used to pay bond 
related document, to pay to the United    the original type of issue (for example,   issuance costs, enter zero. Do not leave 
States the amount described in section    tax-exempt governmental bonds,             this line blank.
143(g)(3)(D).                             qualified 501(c)(3) bonds, Build America 
Line 14. Enter the issue price if the     bonds, qualified energy conservation       Line 25. Enter the amount of the 
bond issue is an exempt issue of $10      bonds, exempt facility bonds, qualified    proceeds that will be used to pay fees 
million or less for which an election     small issue bonds, etc.) in the space      for credit enhancement that are taken 
under section 144(a)(4) has been made     provided and entering the amount of        into account in determining the yield on 
by the issuer at or before the time of    bonds treated as reissued in the issue     the issue for purposes of section 148(h) 
issuance on the bonds or in its records.  price column.                              (for example, bond insurance premiums 
                                                                                     and certain fees for letters of credit).
See section 144(a). Check the box if the  Line 20c.  Enter the issue price only if 
$10 million small issue exemption         none of the lines above apply and you      Line 26. Enter the amount of the 
applies.                                  are required to file an information return proceeds that will be allocated to such a 
Line 17. Attach a schedule listing the    for a private activity bond. Enter a       fund.
name and EIN for each section 501(c)      description of the bond type.              Line 27. Enter the amount of the 
(3) organization benefiting from these    Part III—Description of Bonds              proceeds that will be used to pay 
qualified hospital bonds.                                                            principal, interest, or call premium on 
                                          Line 21. For column (a), the final         any tax-exempt bonds, including 
Line 18. Enter the total amount of        maturity date is the last date the issuer  proceeds that will be used to fund an 
qualified nonhospital bonds described     must redeem the entire issue.              escrow account for this purpose.
in section 145(b)(2) that are a part of 
this issue. For each section 501(c)(3)    For column (b), see Issue price under      Line 28. Enter the amount of the 
organization benefiting from these        Definitions, earlier.                      proceeds that will be used to pay 
qualified nonhospital bonds, attach a     For column (c), the stated                 principal, interest, or call premium on 
schedule listing:                         redemption price at maturity of the        any taxable bonds, including proceeds 
                                          entire issue is the sum of the stated      that will be used to fund an escrow 
1. The name of the organization;
                                          redemption prices at maturity of each      account for this purpose.
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 
benefiting the organization; and          maturity is the sum of the products of     Financed
                                          the issue price of each maturity and the   Line 31. Enter the amount of 
4. If the box for line 18 is not checked, number of years to maturity (determined    nonrefunding proceeds used to finance 
the amount of all other nonhospital       separately for each maturity and by        real and depreciable personal property 
bonds outstanding as of the date of       taking into account mandatory              and if the bonds are qualified 501(c)(3) 
this issue that benefit the               redemptions), divided by the issue price   bonds, the proceeds used to refund 
organization.                             of the entire issue (from line 21, column  taxable bonds used to finance real and 
                                          (b)).                                      depreciable property. If the amounts are 
Note. The amount in item 4 above plus                                                not available at the time of issuance, 
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    make a reasonable proration between 
August 6, 1997, and (b) after August 5,   that, when used to figure the present      the land, buildings, and equipment.
1997, if used for noncapital              value of all payments of principal and 
expenditures. The $150 million limit      interest to be paid on the bond,           Note. Under section 147(c), a private 
does not apply to bonds issued after      produces an amount equal to the            activity bond is not a qualified bond if 
August 5, 1997, if 95% or more of the     purchase price, including accrued          25% or more of the proceeds are used 
net proceeds are used solely for capital  interest. See Regulations section          for the acquisition of land or if any of the 
expenditures incurred after that date.    1.148-4 for specific rules to figure the   proceeds are used to acquire farm land 
                                          yield on an issue. If the issue is a       (other than an amount of proceeds not 
Line 19. Enter the issue price if the     variable rate issue, write “VR” as the     in excess of $450,000 to be used by a 
bonds are used to acquire                 yield of the issue. For other than         first-time farmer). An exception to this 
nongovernmental output property,          variable rate issues, carry the yield out  general rule is for land acquired for 
which is property used by a               to four decimal places (for example,       certain environmental purposes. See 
nongovernmental person in connection      5.3125%).                                  section 147(c)(3). Also, a bond is not a 
with an output facility (such as an                                                  qualified bond if the proceeds are used 
electric or gas power project).           Part IV—Uses of Proceeds of                for the acquisition of used property 
                                          Issue                                      (other than land), except in the case of 
Line 20a. For IRS use only. Do not                                                   certain rehabilitations. See section 
make an entry.                            Line 22. Enter the amount of proceeds      147(d).
Line 20b. If the Form 8038 is filed       that will be used to pay interest on the 
because the bonds are treated as          issue accruing prior to the date of issue. For items that do not readily fit within 
reissued (i) pursuant to Regulations      For definition of date of issue, see these categories 31a, b, c, or d, enter the 
section 1.141-12 or other applicable      instructions, line 7.                      amount of those proceeds in category 
                                                                                     31e, Other, and briefly describe them on 
authority concerning remedial actions,                                               the line.

                                                        -4-                          Instructions for Form 8038 (Rev. 10-2021)



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Line 32. For each project to be            on line 37 the provision of section 147(f)  monitor compliance with the arbitrage, 
financed with proceeds entered on          under which the issue is excepted (for      yield restriction, and rebate 
line 31a, b, c, d, or e, enter the         example, “section 147(f)(2)(D)”), or if     requirements of section 148.
corresponding:                             under any transitional rule, write 
                                                                                       Line 45a.    Determine and enter the 
Six-digit North American Industry        “Transitional rule” and the applicable 
                                                                                       amount of the proceeds of the issue 
  Classification System (NAICS) code       Act (for example, “Tax Reform Act of 
                                                                                       used to reimburse the issuer for 
  that best describes the project, and     1986”) and section.
                                                                                       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 
If there are more than four projects to    construction issue and an irrevocable       Regulations section 1.150-2.
be financed by the issue, attach a         election to pay a penalty in lieu of 
                                                                                       Line 45b.    Subject to certain exceptions 
separate sheet of paper stating the        arbitrage rebate has been made on or 
                                                                                       under Regulations section 1.150-2(f), an 
NAICS codes and face amount of each        before the date the bonds were issued. 
                                                                                       issuer must adopt an official intent, as 
project.                                   The penalty is payable with a Form 
                                                                                       described in Regulations section 
                                           8038-T for each 6-month period after 
For the purpose of determining                                                         1.150-2(e), to reimburse itself for 
                                           the date the bonds are issued. Do not 
NAICS codes where the project fits into                                                preissuance expenditures within 60 
                                           make any payment of penalty in lieu of 
more than one category, the ultimate                                                   days after payment of the original 
                                           arbitrage rebate with this form. See Rev. 
use of the facility determines the NAICS                                               expenditure. Enter the date the official 
                                           Proc. 92-22, 1992-1 C.B. 736, for rules 
code number. For example, an                                                           intent was adopted.
                                           regarding the “election document.”
investment partnership financing a 
                                                                                       Line 46.  Check this box if:
manufacturing facility should use the      Line 40a. Check this box if the issuer 
relevant manufacturing NAICS code,         has identified a hedge on its books and     The issue is        As described in 
not the partnership's financial activities records in accordance with Regulations      comprised of...       section...
code.                                      sections 1.148-4(h)(2)(viii) and 
The NAICS codes are available on           1.148-4(h)(5) that permit an issuer of 
the U.S. Census Bureau website at          tax-exempt bonds to identify a hedge for    Qualified 
www.census.gov/naics.                      it to be included in yield calculations for redevelopment bonds 144(c)
                                           figuring arbitrage.
Part VI—Description of                                                                 Qualified small issue 
                                           Line 41.  In determining if the issuer has  bonds                 144(a)
Refunded Bonds                             super-integrated a hedge, apply the 
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)(15), 
                                                                                                             and 1394
Lines 33 and 34. The remaining             Line 42a. If any portion of the gross 
weighted average maturity is               proceeds of the issue are or will be 
determined without regard to the           invested in a guaranteed investment         If one of the above applies, then 
refunding. The weighted average            contract (GIC), as defined in               enter the name and EIN of the primary 
maturity is determined in the same         Regulations section 1.148-1(b), enter       private user. A “primary private user” is 
manner as for line 21, column (d).         the amount of the gross proceeds so         the nongovernmental entity that meets 
Line 35. Enter the last date on which      invested.                                   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 
each refunded issue.                       Line 43.  If there are applicable           cap allocated to the issuer. Attach a 
                                           provisions under either the Code or         copy of the state certification, if 
Part VII—Miscellaneous                     Regulations to ensure that all              applicable. The appropriate state official 
                                           nonqualified bonds of this issue are        must certify that the issue meets the 
Line 37. Under the rules of section        remediated and the issuer has               requirements of section 146 (relating to 
147(f), private activity bonds are not tax established written procedures to           volume cap on private activity bonds). 
exempt unless they receive public          comply with such remedial provisions,       See the regulations under section 
approval by certain officials or voter     check the box. For example, remedial        149(e). The certification must also 
referendums. Enter the name of the         provisions under Regulations section        include the information requested by 
governmental unit(s) approving the         1.142-2 apply to exempt facility bonds;     lines 1, 2, and 7 through 9 on page 1 of 
issue. Enter also the date of approval by  Regulations section 1.144-2 applies         Form 8038, as well as the title of the 
the applicable elected representatives     section 1.142-2 to qualified small issue    certifying official.
and the date of the public hearing. In the bonds; Regulations section 1.145-2          Failure to attach the certification with 
alternative, enter the date of the voter   applies section 1.141-12 to qualified       the information described in the 
referendum.                                501(c)(3) bonds; and section 142(f)(2)      paragraph above may result in a delay 
If, under the rules of section 147(f),     (B) applies to bonds issued to finance      in processing this form.
no approval is needed because the          facilities for the local furnishing of 
issue meets an exception to the public     electric energy or gas.                     Line 48.  Enter the amount of the issue 
approval requirement, write “No                                                        subject to the unified state volume cap 
approval needed” on line 37. Also enter    Line 44.  Check the box if the issuer       for private activity bonds under section 
                                           has established written procedures to 

Instructions for Form 8038 (Rev. 10-2021)                     -5-



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The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

146. If, under section 141(b)(5), the       the calendar year under section 143(l)        such as a clerk, secretary, etc., should 
nonqualified amount of an issue             (3).                                          not sign.
exceeds $15 million, but does not 
                                            Line 51a. Enter the amount of volume 
exceed the amount that would cause a                                                      Generally, anyone who is paid to 
                                            cap allocated to the issuer. Attach a 
bond which is part of an issue to be                                                      prepare a return must sign it and fill in 
                                            copy of the government's certification. 
treated as a private activity bond, the                                                   the other blanks in the Paid Preparer 
                                            The official must certify that the issue 
issuer must allocate a part of its volume                                                 Use Only area of the return. The paid 
                                            meets the requirements, including the 
cap to the nonqualified amount over $15                                                   preparer must:
                                            applicable volume cap under section 
million.                                                                                  Sign the return in the space 
                                            1394(f). The certification must also            provided for the preparer's 
Line 49a.  Enter the amount of any          include the information requested by            signature,
bond issued as part of an issue to          lines 1, 2, and 7 through 9 on page 1 of      Enter the preparer information, and
finance exempt facilities that are not      Form 8038, as well as the title of the        Give a copy of the return to the 
subject to the volume cap. These            certifying official.                            issuer.
facilities include the following.
                                            Line 51b. Enter the name of the 
Airports.                                                                               Paperwork Reduction Act Notice. 
                                            empowerment zone. See the 
Docks.                                                                                  We ask for the information on this form 
                                            instructions for line 11j on where to get 
Wharves.                                  the names of the empowerment zones.           to carry out the Internal Revenue laws of 
Environmental enhancements of                                                           the United States. You are required to 
  hydroelectric generating facilities.      Line 52. Enter the amount of volume           give us the information. We need it to 
Qualified public educational              cap allocated to the issuer. Attach a         ensure that you are complying with 
  facilities.                               copy of the state certification, if           these laws and to allow us to figure and 
Qualified green building and              applicable. The appropriate state official    collect the right amount of tax.
  sustainable design projects.              must certify that the issue meets the 
Qualified highway or surface freight      volume cap requirements of section            You are not required to provide the 
  transfer facilities.                      142(k)(5). The certification must also        information requested on a form that is 
Solid waste facilities.                   include the information requested by          subject to the Paperwork Reduction Act 
  Note.    These facilities may have to     lines 1, 2, and 7 through 9 on page 1 of      unless the form displays a valid OMB 
  be governmentally owned. See              Form 8038, as well as the title of the        control number. Books or records 
  section 146(h).                           certifying official.                          relating to a form or its instructions must 
High-speed intercity rail facilities.                                                   be retained as long as their contents 
  Note.    Only 75% of any exempt           Signature and Consent                         may become material in the 
  facility bond for these facilities is not An authorized representative of the           administration of any Internal Revenue 
  subject to the volume cap; however,       issuer must sign Form 8038 and any            law. Generally, tax returns and return 
  no volume cap applies if all the          applicable certification. Also print the      information are confidential, as required 
  bond-financed property is                 name and title of the person signing          by section 6103.
  governmentally owned. See                 Form 8038. The authorized 
  sections 146(g) and 142(b)(1)(B).         representative of the issuer signing this     The time needed to complete and file 
                                            form must have the authority to consent       this form will vary depending on 
Line 49b.  If any part of the issue is      to the disclosure of the issuer's return      individual circumstances. The estimated 
issued under a carryforward election,       information, as necessary to process          burden for tax-exempt organizations 
enter the amount of the bonds being         this return, to the person(s) that has        filing this form is approved under OMB 
issued under that election. Attach a        been designated in Form 8038.                 control number 1545-0047 and is 
copy of the applicable Form 8328,                                                         included in the estimates shown in the 
Carryforward Election of Unused Private     Note. If the issuer in Part I, lines 3a and   instructions for their information return.
Activity Bond Volume Cap.                   3b, authorizes the IRS to communicate         If you have suggestions for making 
                                            (including in writing and by telephone) 
Line 49c.  If any part of the issue is not                                                this form simpler, we would be happy to 
                                            with a person other than an officer or 
subject to the volume cap under a                                                         hear from you. You can send us 
                                            other employee of the issuer, by signing 
transitional rule of the Tax Reform Act of                                                comments through IRS.gov/
                                            this form, the issuer's authorized 
1986, enter the appropriate section of                                                    FormComments.
                                            representative consents to the 
the Act and then the amount of the                                                        Or you can write to:
                                            disclosure of the issuer's return 
bonds excepted from the volume cap by 
                                            information, as necessary to process 
that rule.                                                                                  Internal Revenue Service
                                            this return, to such person.
Line 49d.  Any bond that is issued to                                                       Tax Forms and Publications
                                                                                            1111 Constitution Ave. NW, 
currently refund another bond is not        Paid Preparer
subject to the volume cap to the extent                                                     IR-6526
that the amount of such bond does not       If an authorized officer of the issuer filled   Washington, DC 20224
exceed the outstanding amount of the        in this return, the paid preparer's space 
refunded bond. See section 146(i) and       should remain blank. Anyone who               Do not send Form 8038 to this address. 
section 1313(a) of the Tax Reform Act       prepares the return but does not charge       Instead, see Where To File, earlier.
of 1986. Enter the amount not subject to    the organization should not sign the 
the volume cap.                             return. Certain others who prepare the 
                                            return should not sign. For example, a 
Line 50b.  Enter the state limit on         regular, full-time employee of the issuer, 
qualified veterans' mortgage bonds for 

                                                                 -6-                    Instructions for Form 8038 (Rev. 10-2021)






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