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Page 5 of 6 Fileid: … /I8038TC/201809/A/XML/Cycle03/source 14:53 - 28-Aug-2018
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
the issuer, such as a clerk, secretary, etc., loan guarantee under the Rural Line 2. Section 54D(e)(2)(B) provides
should not sign. Electrification Act, check “Yes.” that the amount allocated to a large local
Generally, anyone who is paid to Line 6. Notice 2009-33 provides that, government may, if unused, be
prepare a return must sign it and fill in the except in limited circumstances involving reallocated by such local government to
other blanks in the Paid Preparer Use Only reimbursements to which section 54A(d) the state in which such local government
area of the return. The paid preparer must: (2)(D) applies, costs of acquiring existing is located. If the bonds are issued based
Sign the return in the space provided facilities generally will be treated as on an allocation that has been reallocated
for the preparer's signature, nonqualified costs. If any of the available from a large local government to a state,
Enter the preparer information, and project proceeds have been used to check “Yes.”
Give a copy of the return to the issuer. acquire existing facilities, check “Yes.” Line 3. A large local government means
Line 7. Notice 2009-33 provides that any municipality or county if such
Part VIII—Consent to refinancing costs (as contrasted with costs municipality or county has a population of
Disclosure of Certain of enhancements, repair, or rehabilitation 100,000 or more. If the issuer is a large
Information From This Return of existing facilities) generally will be local government, check “Yes.”
treated as nonqualified costs. If any of the Line 6. If the issuer issued the bonds
Line 1. If the issuer consents to the IRS's available project proceeds have been based on a volume cap allocation
publication, through a website or other used to refinance existing facilities, check received by another authorized entity (that
publication, of its name and address, “Yes.” allocated volume cap to the issue), check
employer identification number, name and
description of bond issue, date of Line 8. Notice 2015-12 provides that an “Yes.” If not, check “No.” If “Yes” is
issuance, CUSIP number, issue price, allocation of new CREB volume cap checked, provide the name of such
final maturity date, stated redemption limitation is valid for 180 days after the authorized entity. If more than one
price at maturity, applicable credit rate and date of the letter issuing the allocation (the authorized entity allocated volume cap to
maximum term to assist in the proper “volume cap allocation date”). If the issue the bond issue, attach a schedule listing
reporting of interest, tax credits, or other date of the issue is on or before 180 days the names of, and amount of bonds for,
benefits under section 6049, check the after the volume cap allocation date, each such authorized entity. If the box on
box next to “Yes.” check “Yes.” line 6 is checked “Yes,” failure to insert the
name of the other authorized entity that
Line 9. A new CREB must be designated allocated volume cap to the issue may
Note. Part VIII does not apply to issuers as such by a qualified issuer. If these result in a delay in processing the return.
of tax credit bonds that have elected direct bonds have been designated as new
payment refundable credits under section CREBs, check “Yes.” See section 54C(a) Part II
6431(f). for more information. For IRS use only. Do not make an entry in
Schedule A. New Clean Part II line 1.
Renewable Energy Bonds For IRS use only. Do not make an entry in Part III—List of Conservation
line 1.
(New CREBs) Under Purposes, Location of the
Sections 54A and 54C Part III—List of Qualified Facilities, Amount of Proceeds
Renewable Energy Facilities Used for the Purpose, Private
Part I—Issuer Questions Activity User, and Private
Line 1. A “Qualified Renewable Energy
Line 1. A public power provider is a state Facility” means a qualified facility as User's EIN
utility with a service obligation as such determined under section 45(d) (without Line 1. Eligible issuers of QECBs include
terms are defined in section 217 of the regard to paragraphs (8) and (10) and to states, political subdivisions, as defined
Federal Power Act. If the issuer is a public any placed-in-service date) owned by a for purposes of section 103, and entities
power provider, check “Yes.” public power provider, a governmental empowered to issue bonds on behalf of
Line 2. A cooperative electric company is body, or a cooperative electric company. any such entity under rules similar to those
a mutual or cooperative electric company List the type of qualified renewable energy for determining whether a bond issued on
described in section 501(c)(12) or section facility to be financed by the bonds, the behalf of a state or political subdivision
1381(a)(2)(C). If the issuer is a location of the facility, the owner(s) of the constitutes an obligation of that state or
cooperative electric company, check facility, the owner's EIN, and the amount political subdivision for purposes of
“Yes.” of available project proceeds to be used section 103 and Regulations section
for that facility. (If more than one facility, 1.103-1(b). Further, eligible issuers
Line 3. A governmental body is any state attach a schedule.) include otherwise eligible issuers in
or Indian tribal government, or any political
subdivision thereof. If the issuer is a conduit financing issues (as defined in
governmental body, check “Yes.” Schedule B. Qualified Regulations section 1.150-1(b)).
Energy Conservation List each type of qualified conservation
Line 4. A clean renewable energy bond
lender is a lender which is a cooperative Bonds (QECBs) Under purpose described under section 54D(f) to
be financed by the bonds, the location of
owned by, or has outstanding loans to, Sections 54A and 54D the facility (if applicable), and the amount
100 or more cooperative electric
companies and was in existence on Part I—Issuer and Project of available project proceeds to be used
for each qualified conservation purpose. If
February 1, 2002, and shall include any Questions the bonds are private activity bonds,
affiliated entity which is controlled by such
lender. If the issuer is a clean renewable Line 1. A QECB must be designated as provide the name and EIN of the private
energy bond lender, check “Yes.” such by the issuing state or local user(s). (If more than one purpose, facility,
government. See section 54D(a). If these owner, or user, attach a schedule.)
Line 5. If the issuer is a not-for-profit bonds have been designated as QECBs,
electric utility which has received a loan or check “Yes.”
Instructions for Form 8038-TC -5-
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