Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/i8038/202110/a/xml/cycle03/source (Init. & Date) _______ Page 1 of 6 11:31 - 15-Sep-2021 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. 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 |
Page 2 of 6 Fileid: … ns/i8038/202110/a/xml/cycle03/source 11:31 - 15-Sep-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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) |
Page 3 of 6 Fileid: … ns/i8038/202110/a/xml/cycle03/source 11:31 - 15-Sep-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. “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- |
Page 4 of 6 Fileid: … ns/i8038/202110/a/xml/cycle03/source 11:31 - 15-Sep-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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) |
Page 5 of 6 Fileid: … ns/i8038/202110/a/xml/cycle03/source 11:31 - 15-Sep-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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- |
Page 6 of 6 Fileid: … ns/i8038/202110/a/xml/cycle03/source 11:31 - 15-Sep-2021 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) |