Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … s/i8038t/202110/a/xml/cycle03/source (Init. & Date) _______ Page 1 of 4 14:07 - 6-Oct-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-T (Rev. October 2021) Arbitrage Rebate, Yield Reduction, and Penalty in Lieu of Arbitrage Rebate Section references are to the Internal Revenue 2. Yield reduction payments. Note. Regulations section 1.148-3(b) Code unless otherwise noted. provides that as of any date, the rebate 3. The penalty: amount for an issue is the excess of the Future Developments • In lieu of arbitrage rebate; or future value, as of that date, of all receipts For the latest information about • To terminate the election to pay a on nonpurpose investments over the penalty in lieu of arbitrage rebate. developments related to Form 8038-T and future value, as of that date, of all its instructions, such as legislation 4. Penalties and interest on the failure to payments on nonpurpose investments. enacted after they were published, go to pay on time any amounts in 1-3 The definitions of payments and receipts IRS.gov/Form8038T. above. in Regulations section 1.148-3(d), in part, require inclusion of transactions Issuers of QZABs issued under section (including, but not limited to, acquisition, General Instructions 1397E or section 54E, as applicable, that earnings, and return of principal) on a date establish a defeasance escrow under the for each nonpurpose investment. Any Purpose of Form Regulations must file Form 8038-T to pay cash flow representation to the contrary Under section 148(f), interest on a state or 100% of the investment earnings on may result in the understatement of rebate local bond is not tax-exempt unless the amounts in the defeasance escrow. amount. Yield reduction payments are issuer of the bond rebates to the United Applicable Regulations determined using payments and receipts States arbitrage profits earned from as described in Regulations section investing proceeds of the bond in higher General 1.148-5(b)(1). yielding nonpurpose investments. Issuers Unless otherwise stated, regulation of tax-exempt bonds and any other bonds sections referenced in these instructions Exceptions subject to the provisions of section 148 are to the 1993 regulations, as amended. must use this form to make arbitrage Generally, an issuer may apply these A number of exceptions may relieve an rebate and related payments. regulations to bonds that are outstanding issuer of the rebate requirement for all or a Mortgage revenue bonds. Section on July 8, 1997. For the 1993 regulations, part of an issue of bonds. 143(g)(3) provides special arbitrage see T.D. 8476, 1993-2 C.B. 13, and T.D. Note. The following exceptions may rebate rules for qualified mortgage bonds 8538, 1994-1 C.B. 26. For the 1997 apply only to a portion of an issue. In such and qualified veterans' mortgage bonds. amendments to the 1993 regulations, see cases, the rebate requirement continues Under these special rules, issuers may T.D. 8718, 1997-1 C.B. 47. The 1992 to apply to the portion of the issue not pay the rebate either to mortgagors, or if regulations generally apply to bonds covered by the exception. an election is made before issuance of the issued before July 1, 1993. For the 1992 bond, to the United States. Use this form regulations, see T.D. 8418, 1992-1 C.B. Small issuer exception. The rebate only if you have elected to pay the rebate 29. requirement does not apply to certain to the United States. bonds issued by governmental units Qualified Zone Academy Bonds Special Rules issuing no more than $5 million of bonds in a calendar year. (QZABs) issued under section 1397E. For rules on computing the arbitrage The exception is modified as follows: a A QZAB is a bond issued by a state or rebate for mortgage revenue bonds, see governmental unit may issue up to $10 local government to finance certain Temporary Regulations section million in bonds after 1997 ($15 million eligible public school purposes. An issuer 6a.103A-2(i)(4). after 2001) per calendar year, provided no of QZABs issued under section 1397E or section 54E, if applicable, may establish a For rules on computing the arbitrage more than $5 million of proceeds are used defeasance escrow to cure a failure to rebate for bonds subject to section 103(c) to finance expenditures other than public properly use QZAB proceeds. An issuer (6)(D) of the 1954 Code, see Temporary school capital expenditures. See section must pay any investment earnings on Regulations section 1.103-15AT, T.D. 148(f)(4)(D) and Regulations section amounts in the defeasance escrow that 8005, 1985-1 C.B. 39, if the issuer has not 1.148-8. are in excess of the yield on the issue. In applied the later regulations. 6-month exception. The rebate determining the yield on the issue, the requirement is considered to be met for credit allowed is disregarded. Use this For QZABs issued under section gross proceeds of an issue (as defined in form to make payments of investment 1397E and section 54E, see Regulations Regulations section 1.148-7(c)(3)) if those earnings on amounts in defeasance T.D. 9495. gross proceeds are spent within 6 months escrows. See Regulations section of the issue date. The 6-month exception 1.1397E-1(h)(8)(ii)(C). Arbitrage Rebate is the only exception available for Computation of Arbitrage Rebate refunding issues. Note. Use a separate Form 8038-T for See section 148(f)(4)(B) and each issue. The rebate amount for an issue is based on the difference between the amount Regulations section 1.148-7(a)–(c). Who Must File actually earned on nonpurpose 18-month exception. The rebate Issuers of tax-exempt bonds and any investments and the amount that would requirement is considered to be met for other bonds subject to the provisions of have been earned if those investments gross proceeds of an issue if those gross section 148 must file Form 8038-T to pay: had a yield equal to the yield on the issue. proceeds are spent according to an 1. Arbitrage rebate. Oct 06, 2021 Cat. No. 30066E |
Page 2 of 4 Fileid: … s/i8038t/202110/a/xml/cycle03/source 14:07 - 6-Oct-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 18-month expenditure schedule measured Agreement Program for Tax-Exempt QZABs. The issuer must pay 100% of the from the issue date. Bonds and Tax Credit Bonds. investment earnings on amounts in a See Regulations section 1.148-7(a), Where To File defeasance escrow established for an (b), and (d). issue of QZABs under section 1397E or File Form 8038-T and any attachments at section 54E, as applicable, at the same 2-year exception. The “available the following address. time and in the same manner as arbitrage construction proceeds” of a construction rebate payments. issue are treated as meeting the rebate Department of the Treasury requirement if those proceeds are spent in Internal Revenue Service Center Failure To Pay Timely accordance with a 2-year expenditure Ogden, UT 84201–0027 In general, a failure to pay the required schedule measured from the issue date. amounts of arbitrage rebate, yield See section 148(f)(4)(C) and Private delivery services. You can use reduction, or penalty payments on time Regulations section 1.148-7(a), (b), and certain private delivery services (PDS) may cause bonds to be treated as not (e)–(j). designated by the IRS to meet the “timely being, and as never having been, Exception for certain investments. The mailing as timely filing/paying” rule for tax tax-exempt. rebate requirement generally does not returns and payments. Go to IRS.gov/PDS If the failure is not due to willful neglect, apply to gross proceeds that are invested for the current list of designated services. the failure will be disregarded if the issuer in certain tax-exempt bonds, certain The PDS can tell you how to get written promptly pays a penalty to the United tax-exempt mutual funds, or certain proof of the mailing date. States. demand deposit securities purchased For the IRS mailing address to use if For governmental and qualified 501(c) directly from the United States Treasury. you’re using PDS, go to IRS.gov/ (3) bonds, the penalty equals 50% of the Penalty in Lieu of Arbitrage PDSstreetAddresses. rebate amount not paid when required to Rebate PDS can’t deliver items to P.O. be paid, plus interest on that amount. Penalty. An issuer may elect to pay a CAUTION! Postal Service to mail any item to Otherwise, the penalty equals 100% of the boxes. You must use the U.S. rebate amount not paid when required to penalty in lieu of rebating arbitrage for the an IRS P.O. box address. be paid, plus interest on that amount. available construction proceeds of an The penalty is generally waived if the issue if the spending requirements of the When To File rebate amount plus interest is paid within 2-year exception are not satisfied. The penalty is equal to 1 / % of the amount of 1 2 Arbitrage rebate. An issuer must pay 180 days of discovery of the failure. See the available construction proceeds that rebate in installments for computation Regulations section 1.148-3(h) and Rev. do not meet the spending requirements. dates that occur at least once every 5 Proc. 2005-40, 2005-2 C.B. 83. See section 148(f)(4)(C)(vii) and years. Rebate payments are due within 60 For issues to which the 1992 Regulations section 1.148-7(k). days after each computation date. The Regulations apply, see 1992 Regulations final rebate payment for an issue is due section 1.148-1(c) for rules relating to Election to terminate 1 / % penalty. 1 2 An within 60 days after the issue is innocent failure, willful neglect, issuer may terminate the election to pay discharged. computation of the correction amount, and penalty in lieu of arbitrage rebate by See Regulations section 1.148-3(e) penalty and interest. In general, these paying an amount equal to 3% of the through (g). rules also apply to the Penalty in Lieu of unspent available construction proceeds multiplied by the number of years in the Special rules. For an issue retired Arbitrage Rebate and the Termination initial temporary period. The termination within 3 years of issuance, the final rebate Penalty. See 1992 Regulations section election also requires other actions, such payment need not occur before the end of 1.148-6(n)(4). as yield restricting the unspent proceeds 8 months after the issue date or during the Recovery of Overpayment and using such proceeds to redeem period the issuer expects to meet any of bonds. the spending exceptions under In general, an issuer may recover an See Code section 148(f)(4)(C)(viii) and Regulations section 1.148-7. overpayment for an issue of tax-exempt bonds by establishing to the IRS that an (ix) and Regulations section 1.148-7(l). For rules concerning qualified overpayment occurred. Payments that mortgage bonds and qualified veterans' may be recovered include: Yield Reduction Payments mortgage bonds see section 143(g)(3). • Arbitrage rebate, Bond proceeds may be invested in higher • Yield reduction, yielding investments only during a Penalty in lieu of arbitrage rebate and temporary period described in Regulations termination penalty. Penalty in lieu of • Penalty in lieu of arbitrage rebate, and section 1.148-2(e). After expiration of an arbitrage rebate payments must be paid • Penalty to terminate penalty in lieu of applicable temporary period, proceeds within 90 days of the end of the applicable arbitrage rebate. must be yield restricted. spending period. See Regulations section 1.148-3(i) and Payment of the 3% penalty to terminate Form 8038-R, Request for Recovery of One method of complying with the yield the penalty in lieu of arbitrage rebate Overpayments Under Arbitrage Rebate restriction requirement is to make “yield election must be made within 90 days of Provisions. reduction payments.” For certain (a) the end of the initial temporary period if investments, a yield reduction payment is the termination election was made under taken into account in computing the yield section 148(f)(4)(C)(viii), or (b) the date of Specific Instructions on that investment. See Regulations the termination election if it was made section 1.148-5(c). under section 148(f)(4)(C)(ix). Part I—Reporting Authority For investments with excess yield that Yield reduction payments. Yield Amended return. An issuer may file an are not eligible for yield reduction reduction payments are payable at the amended return to change or add to the payments (such as an incorrectly invested same time as arbitrage rebate payments. information reported on a previously filed advance refunding escrow fund), see return for the same date of issue. If you Notice 2008-31, Voluntary Closing See Regulations section 1.148-5(c)(2). are filing to correct errors or change a -2- Instructions for Form 8038-T (Rev. 10-2021) |
Page 3 of 4 Fileid: … s/i8038t/202110/a/xml/cycle03/source 14:07 - 6-Oct-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. previously filed return, check the filing for this issue. For QZABs issued Part IV— Late Payments “Amended Return” box in the heading of under section 1397E or section 54E, enter the form. “qualified zone academy bond—section Line 20. Under the current regulations, in The amended return must provide all 1397E” or “qualified zone academy order to qualify for a waiver of penalty, a the information reported on the original bond—section 54E” and the total issue failure to pay must not be due to willful return, in addition to the new or corrected price. neglect. Attach an explanation of the failure and the basis for concluding that information. Attach an explanation of the Part II—Arbitrage Rebate and the failure is not due to willful neglect. See reason for the amended return. Rev. Proc. 2005-40 for more information. Yield Reduction Payments Lines 1–10 Line 12. Enter the computation date to Line 21. For a failure that does not qualify which this payment relates. The first for a waiver of penalty, the failure will be General. Enter the same information that rebate installment payment must be made disregarded if the issuer pays a penalty to was entered on the “initial filing” of the for a computation date that is not later the United States. For governmental and following forms. Make any necessary than 5 years after the issue date. qualified 501(c)(3) bonds, the penalty changes, for example, a change of Subsequent rebate installment payments equals 50% of the rebate amount not paid address. must be made for a computation date that timely plus interest on that amount. For • Form 8038, Information Return for is not later than 5 years after the previous other bonds, the penalty is 100% of the Tax-Exempt Private Activity Bond computation date for which an installment rebate amount not paid timely plus interest Issues; payment was made. on that amount. • Form 8038-B, Information Return for Build America Bonds and Recovery Line 13. Enter the amount of the rebate Note. The calculation for late interest is Zone Economic Development Bonds; payment. A rebate installment payment included under line 22 only, not under • Form 8038-G, Information Return for must be in an amount that, when added to line 21. Tax-Exempt Governmental Bonds; the future value, as of the computation • Form 8038-GC, Information Return for date, of previous rebate payments made Line 22. Compute interest at the Small Tax-Exempt Governmental for the issue, equals at least 90% of the underpayment rate under section 6621, Bond Issues, Leases, and Installment rebate amount as of that date. A final beginning on the date the correct rebate Sales; or rebate payment must be paid in an amount is due and ending on the date 10 • Form 8038-TC, Information Return for amount that, when added to the future days before it is paid. Tax Credit Bonds and Specified Tax value of previous rebate payments made For issues to which the 1992 Credit Bonds. for the issue, equals 100% of the rebate Regulations apply, see 1992 Regulations amount as of that date. section 1.148-1(c)(2) for computation of Line 1. Enter the name of the See Regulations section 1.148-3(f). the correction amount. governmental entity that issued the bonds, not the name of the entity receiving the For issues to which the 1992 Part V—Total Payment benefit of the financing or the eligible Regulations apply, see 1992 Regulations taxpayer claiming a tax credit. section 1.148-1(b)(3). Line 23. Combine all payment amounts on lines 13, 14, 15, 17, 19, 21, and 22. Line 4. This line is for IRS use only. Do Line 14. For investments covered by the Enclose a check or money order for the not make an entry. special yield reduction rule, rebate and total amount made payable to the “United yield reduction payments are included in States Treasury.” Include the issuer's Lines 9 and 10. Enter the name, title, the computation of yield for that name, address, EIN, “Form 8038-T,” and and telephone number of the officer or investment. the date on the check or money order. other employee of the issuer whom the See Regulations section 1.148-5(c). Part VI—Miscellaneous IRS may call for more information. If the issuer wishes to designate a person other Line 15. For QZABs issued under section Line 24. Enter the amount of proceeds than an officer or other employee of the 1397E or section 54E, if applicable, enter (consisting of sale, investment, and issuer (including a legal representative or the amount equal to 100% of the transferred proceeds) not allocated to paid preparer) whom the IRS may call for investment earnings in a QZAB expenditures for a governmental purpose more information about this return, enter defeasance escrow. of the issue. the name, title, and telephone number of Part III—Penalty in Lieu of such person here. Line 25. Enter the amount of proceeds Arbitrage Rebate used to pay principal of and call premiums Note. By authorizing a person other than Complete this section only if, on or before on the bonds for which this form is being an authorized officer or other employee of the issue date of the bonds, an election filed. the issuer to communicate with the IRS was made under section 148(f)(4)(C)(vii). Line 26. Under Regulations section and whom the IRS may call for more 1.148-5(e)(2), qualified administrative information about this return, the issuer Line 16. Check the appropriate box for authorizes the IRS to communicate the number of months between the issue costs are taken into account in directly with the individual listed on line 9 date of the bonds and the end of the determining payments and receipts on and consents to the disclosure of the spending period for which this Form nonpurpose investments. Regulations issuer's return information to that 8038-T is being filed. For periods greater section 1.148-5(e)(2)(iii) provides special individual, as necessary to process this than 24 months, check the box marked rules for qualified administrative costs for return. “Other” and fill in the number of months guaranteed investment contracts (GICs) since the date of issue. and yield restricted defeasance escrows. Line 11. Enter the same type of issue that Enter the amount of any qualified was entered on Form 8038, 8038-B, Note. File a separate Form 8038-T for administrative costs taken into account in 8038-G, or 8038-TC. For bonds previously each 6-month spending period. computing the rebate amount under these reported on Form 8038-GC, enter “small special rules. Lines 17–19. See Penalty in Lieu of governmental bond.” Also enter the total Line 27. Under Regulations section issue price that was listed on the initial Arbitrage Rebate, earlier. 1.148-4(f)(1), fees properly allocable to Instructions for Form 8038-T (Rev. 10-2021) -3- |
Page 4 of 4 Fileid: … s/i8038t/202110/a/xml/cycle03/source 14:07 - 6-Oct-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. payments for a qualified guarantee for an Signature and Consent Paperwork Reduction Act Notice. We issue are treated as additional interest in An authorized representative of the issuer ask for the information on this form to carry computing the yield on that issue. Enter must sign and date Form 8038-T and any out the Internal Revenue laws of the the amount of such fees. applicable certification. Also print the United States. You are required to give us Line 28. Enter “Yes” if the issue is a name and title of the person signing Form the information. We need it to ensure that variable rate issue. A variable rate issue is 8038-T. The authorized representative of you are complying with these laws and to an issue that contains a bond that has a the issuer signing this form must have the allow us to collect the right amount of yield that is not fixed and determinable on authority to consent to the disclosure of arbitrage rebate, yield reduction the issue date. the issuer's return information, as payments, and penalties. necessary to process this return, to the Line 29. Enter “Yes” if the issuer entered You are not required to provide the person(s) that has been designated in into a qualified hedge. In general, information requested on a form that is Form 8038-T. payments made or received by an issuer subject to the Paperwork Reduction Act under a qualified hedge are taken into Note. If authority is granted in Part I, lines unless the form displays a valid OMB account to determine the yield on the 9 and 10, for the IRS to communicate with control number. Books or records relating issue. A hedge may be entered into a person other than an officer or other to a form or its instructions must be before, at the same time as, or after the employee of the issuer, by signing this retained as long as their contents may date of issue. See Regulations section form, the issuer's authorized become material in the administration of 1.148-4(h)(1). Enter the name of the representative consents to the disclosure any Internal Revenue law. Generally, tax provider of the hedge and term of the of the issuer's return information, as returns and return information are hedge to the nearest tenth of a year (for necessary to process this return, to such confidential, as required by section 6103. example, 2.4 years). Attach additional person. The time needed to complete and file sheets if necessary. Line 30. Enter “Yes” if any gross Paid Preparer this form will vary depending on individual circumstances. The estimated burden for proceeds of the issue were invested in a If an authorized officer of the issuer filled in tax-exempt organizations filing this form is guaranteed investment contract (GIC). A this return, the paid preparer's space approved under OMB control number GIC includes any nonpurpose investment should remain blank. Anyone who 1545-0047 and is included in the that has specifically negotiated withdrawal prepares the return but does not charge estimates shown in the instructions for or reinvestment provisions and a the organization should not sign the their information return. specifically negotiated interest rate, and return. Certain others who prepare the also includes any agreement to supply return should not sign. For example, a If you have suggestions for making this investments on two or more dates (for regular, full-time employee of the issuer, form simpler, we would be happy to hear example, a forward supply contract). See such as a clerk, secretary, etc., should not from you. You can send us comments Regulations section 1.148-1(b). Enter the sign. through IRS.gov/FormComments. Or you can write to: name of the provider of the GIC and term Generally, anyone who is paid to of the GIC to the nearest tenth of a year. prepare a return must sign it and fill in the Internal Revenue Service Attach additional sheets if necessary. other blanks in the Paid Preparer Use Only Tax Forms and Publications Line 31. Enter “Yes” if any gross area of the return. 1111 Constitution Ave. NW, IR-6526 proceeds were invested beyond the The paid preparer must: Washington, DC 20224 temporary periods set forth in Regulations Sign the return in the space provided section 1.148-2(e) or 1.148-9(d). • for the preparer's signature (a Do not send Form 8038-T to this address. Line 32. Indicate who prepared the facsimile signature is acceptable), Instead, see Where To File, earlier. calculations necessary for the filing of this • Enter the preparer information, and form. If other than the issuer, indicate the • Give a copy of the return to the issuer. name of the entity or the individual preparing the calculations. -4- Instructions for Form 8038-T (Rev. 10-2021) |