Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … s/i990schk/2023/a/xml/cycle03/source (Init. & Date) _______ Page 1 of 5 11:28 - 25-Jul-2023 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 2023 Instructions for Schedule K (Form 990) Supplemental Information on Tax-Exempt Bonds Section references are to the Internal Revenue Code unless assumptions that are used to complete Schedule K (Form 990) otherwise noted. when the information provided isn't fully supported by existing records. Future Developments For the latest information about developments related to Who Must File Schedule K (Form 990) and its instructions, such as legislation An organization that answered “Yes” on Form 990, Part IV, enacted after they were published, go to IRS.gov/Form990. Checklist of Required Schedules, question 24a, must complete and attach Schedule K to Form 990. This means the organization reported an outstanding tax-exempt bond issue General Instructions that: • Had an outstanding principal amount in excess of $100,000 Note. Terms in bold are defined in the Glossary of the as of the last day of the tax year, and Instructions for Form 990, Return of Organization Exempt From • Was issued after December 31, 2002. Income Tax. Up to four separate outstanding tax-exempt liabilities can be Purpose of Schedule reported on each Schedule K (Form 990). The schedule can be Schedule K (Form 990) is used by an organization that files Form duplicated if needed to report more than four tax-exempt 990 to provide certain information on its outstanding liabilities liabilities. If the organization isn't required to file Form 990 but associated with tax-exempt bond issues. Usually, a bond issue chooses to do so, it must file a complete return and provide all of associated with an exempt organization will consist of qualified the information requested, including the required schedules. 501(c)(3) bonds, but all types of tax-exempt bonds benefiting the organization must be reported. A qualified 501(c)(3) bond issue Period Covered consists of bonds, the proceeds of which are used by a section The organization can complete this schedule for any tax-exempt 501(c)(3) organization to further its charitable purpose. liability using the same period as the Form 990 with which it is Generally, applicable requirements for qualified 501(c)(3) bonds filed. Alternatively, the organization can use any other 12-month under section 145 include the following. period or periods selected by the organization and that, used • All property financed by the bond issue is to be owned by a consistently for a tax-exempt liability for purposes of this section 501(c)(3) organization or a state or local schedule and computations, is in accordance with the governmental unit. requirements under sections 141 through 150. Under this • At least 95% of the net proceeds of the bond issue are used alternative, the organization can use different 12-month periods by either a state or local governmental unit or a section for each tax-exempt liability reported. The alternative period(s) 501(c)(3) organization in activities that don't constitute must be specifically described in Part VI. unrelated trades or businesses (determined by applying section 513). If the organization has one or more related organizations Specific Instructions (for example, parent and subsidiary relationship), it must Definitions complete Schedule K (Form 990) consistent with the filing(s) of its related organization(s). The same liability shouldn't be Tax-exempt bond. This is an obligation issued by or on reported by more than one of the related organizations. For behalf of a governmental issuer for which the interest paid is example, if a parent organization issues a tax-exempt bond and excluded from the holder's gross income under section 103. For loans or allocates that issue to a subsidiary organization, only this purpose, a bond can be in any form of indebtedness under one organization (either the parent or subsidiary) should report federal tax law, including a bond, note, loan, or lease-purchase the liability on Form 990 and the Schedule K. Similarly, if a parent agreement. organization loans or allocates the proceeds of a tax-exempt Bond issue. This is an issue of two or more bonds that are bond issue to a group of subsidiary organizations, only one level sold at substantially the same time, sold pursuant to the same (either the parent or the group of subsidiaries) should report the plan of financing, and payable from the same source of funds. liability on Form 990 and the Schedule K. For this purpose, if the See Regulations section 1.150-1(c). subsidiary organizations report the liability, each subsidiary Defeasance escrow. This is an irrevocable escrow should only report the amount it is loaned or allocated. established in an amount that, together with investment earnings, is sufficient to pay all the principal of, and interest and If the organization's bond liability relates to a pooled financing call premium on, bonds from the date the escrow is established. issue, the organization should report with respect to the amount See Regulations section 1.141-12(d)(6). A defeasance escrow of the issue that the organization is loaned or allocated. can be established for several purposes, including the Use Part VI to provide additional information or comments remediation of nonqualified bonds when the defeasance relating to the information provided on this schedule. For provides for redemption of bonds on the earliest call date. example, use Part VI to provide additional information or However, for purposes of completing this schedule, an escrow comments about the reporting of liabilities by related established with proceeds of a refunding issue to defease a organizations. In addition, use Part VI to describe certain prior issue is referred to as a refunding escrow. Jul 25, 2023 Cat. No. 20378D |
Page 2 of 5 Fileid: … s/i990schk/2023/a/xml/cycle03/source 11:28 - 25-Jul-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Governmental issuer. A state or local governmental unit issue in Part I for each year the outstanding principal amount that issues tax-exempt bonds. exceeds $100,000 as of the last day of the year, and must Gross proceeds. This generally means any sale proceeds, provide all Part I, Part II, Part III, and Part IV information for such investment proceeds, transferred proceeds, and replacement refunding issue. If any outstanding bonds of the 2014 bond issue proceeds of an issue. See Regulations sections 1.148-1(b), weren't legally defeased, the organization must also list the 2014 1.148-1(c), and 1.148-9(b). bond issue in Part I, and must provide all Part I, Part II, Part III, Pooled financing issue. This is a bond issue from which and Part IV information for such bond issue. more than $5 million of proceeds will be used to make loans to two or more conduit borrowers. Part I. Bond Issues Private business use. Private business use means use of In Part I, provide the requested information for each outstanding the proceeds of an issue by the organization or another section tax-exempt bond issue (including a refunding issue) that: 501(c)(3) organization in an unrelated trade or business as • Had an outstanding principal amount in excess of $100,000 defined by section 513. Private business use also generally as of the last day of the tax year (or other selected includes any use by a nongovernmental person other than a 12-month period), and section 501(c)(3) organization unless otherwise permitted • Was issued after December 31, 2002. through an exception or safe harbor provided under the regulations or a revenue procedure. For this purpose, bond issues that have been legally Proceeds. This generally means the sale proceeds of an defeased in whole, and as a result are no longer treated as a issue (other than those sale proceeds used to retire bonds of the liability of the organization, need not be listed in Part I and aren't issue that aren't deposited in a reasonably required reserve or subject to the generally applicable reporting requirements of replacement fund). Proceeds also include any investment Parts I, II, III, and IV. proceeds from investments that accrue during the project period Note. Continued compliance with federal tax law requirements (net of rebate amounts attributable to the project period). See is required with respect to defeased bonds. Regulations section 1.141-1(b). Refunding escrow. This is one or more funds established as Use one row for each issue, and use the Part I row part of a single transaction or a series of related transactions, designation for a particular issue (for example, “A” or “B”) containing proceeds of a refunding issue and any other consistently throughout Parts I through IV. The information amounts to provide for payment of principal or interest on one or provided in columns (a) through (d) should be consistent with the more prior issues. See Regulations section 1.148-1(b). corresponding information included on Form 8038, Information Refunding issue. This is an issue of obligations the Return for Tax-Exempt Private Activity Bond Issues, filed by the proceeds of which are used to pay principal, interest, or governmental issuer upon the issuance of the bond issue. redemption price on another issue (a prior issue), including the Complete multiple schedules if necessary to account for all issuance costs, accrued interest, capitalized interest on the outstanding post-December 31, 2002, tax-exempt bond issues. refunding issue, a reserve or replacement fund, or similar In this case, describe in the first Schedule K, Part VI, that costs, if any, properly allocable to that refunding issue. A current additional schedules are included. refunding issue is a refunding issue that is issued not more than 90 days before the last expenditure of any proceeds of the Columns (a) and (b). Enter the name and employer refunding issue for the payment of principal or interest on the identification number (EIN) of the issuer of the bond issue. The prior issue. An advance refunding issue is a refunding issue that issuer's name is the name of the entity that issued the bond isn't a current refunding issue. See Regulations sections issue (typically, a state or local governmental unit). The 1.150-1(d)(1), (3), and (4). issuer's name and EIN should be identical to the name and EIN listed on Form 8038, Part I, lines 1 and 2, filed for the bond issue. Special rules for refunding of pre-2003 issues. Bonds issued after December 31, 2002, to refund bonds issued before Column (c). Enter the Committee on Uniform Securities January 1, 2003, have special reporting requirements. Such Identification Procedures (CUSIP) number on the bond with the refunding bonds are subject to the generally applicable reporting latest maturity. The CUSIP number should be identical to the requirements of Parts I, II, and IV. However, the organization CUSIP number listed on Form 8038, Part I, line 9, filed for the need not complete lines 1 through 9 of Part III to report private bond issue. If the bond issue wasn't publicly offered and there business use information for the issue for such refunding bonds. is no assigned CUSIP number, enter zeros in place of the CUSIP These special rules don't apply to bonds issued after December number. 31, 2002, to refund directly or through a series of refunding Column (d). Enter the issue date of the obligation. The issue bonds that were also originally issued after 2002. date should be identical to the issue date listed on Form 8038, Example 1. Refunding of pre-2003 bonds. Bonds issued Part I, line 7, filed for the bond issue. The issue date is generally in 2002 to construct a facility were current refunded in 2017. In the date on which the issuer receives the purchase price in 2020, bonds were issued to current refund the 2017 bonds. As of exchange for delivery of the evidence of indebtedness (for December 31, 2023, the last day of the organization's tax year, example, a bond). In no event is the issue date earlier than the the 2020 refunding bonds had an outstanding principal amount first day on which interest begins to accrue on the bond for exceeding $100,000. The organization must list the refunding federal income tax purposes. See Regulations section bond issue in Part I for each year the outstanding principal 1.150-1(b). amount exceeds $100,000 as of the last day of such year, and Column (e). Enter the issue price of the obligation. The issue must provide all Part I, Part II, and Part IV information for such price should generally be identical to the issue price listed on refunding issue. Because the original bonds were issued prior Form 8038, Part III, line 21(b), filed for the bond issue. The to 2003, the organization need not complete Part III for the issue price is generally determined under Regulations sections refunding bond issue. 1.148-1(b) and 1.148-1(f). If the issue price isn't identical to the Example 2. Refunding of post-2002 bonds. Bonds issue price listed on the filed Form 8038, use Part VI to explain issued in 2014 were advance refunded in 2017. As of December the difference. 31, 2023, the last day of the organization's tax year, the Column (f). Describe the purpose of the bond issue, such as refunding issue had an outstanding principal amount to construct a hospital or provide funds to refund a prior issue. If exceeding $100,000. The organization must list the refunding any of the bond proceeds were used to refund a prior issue, -2- 2023 Instructions for Schedule K (Form 990) |
Page 3 of 5 Fileid: … s/i990schk/2023/a/xml/cycle03/source 11:28 - 25-Jul-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. enter the date of issue for each of the refunded issues. If the Line 6. Enter the amount of proceeds held in a refunding issue has multiple purposes, enter each purpose. If the issue escrow as of the end of the 12-month period. For this purpose financed various projects or activities corresponding to a related only, include investment proceeds without regard to the project purpose, only enter the purpose once. For example, if proceeds period limitation found in the definition of proceeds. are used to acquire various items of office equipment, the amount of such expenditures should be aggregated and Line 7. Enter the cumulative amount of proceeds used to pay identified with the stated purpose of “office equipment.” bond issuance costs, including (but not limited to) underwriters' Alternatively, if proceeds are used to construct and equip a spread as well as fees for trustees and bond counsel as of the single facility, the expenditures should be aggregated and end of the 12-month period. Issuance costs are costs incurred in identified with the stated purpose of “construct & equip facility” connection with, and allocable to, the issuance of a bond issue. where the identification of the facility is distinguishable from See Regulations section 1.150-1(b) for an example list of other bond-financed facilities, if any. Use Part VI if additional issuance costs. space is needed for this purpose. Line 8. Enter the cumulative amount of proceeds used to pay Column (g). Check “Yes” or “No” to indicate whether a fees for credit enhancement that are taken into account in defeasance escrow or refunding escrow has been determining the yield on the issue for purposes of section 148(h) established to irrevocably defease any bonds of the bond issue. (for example, bond insurance premiums and certain fees for letters of credit) as of the end of the 12-month period. Column (h). Check “Yes” if the organization acted as an “on behalf of issuer” in issuing the bond issue. Check “No” if the Line 9. Enter the cumulative amount of proceeds used to organization only acted as the borrower of the bond proceeds finance working capital expenditures as of the end of the under the terms of a conduit loan with the governmental issuer 12-month period. However, don't report expenditures reported in of the bond issue. lines 4, 6, 7, and 8. A working capital expenditure is any cost that isn't a capital expenditure (for example, current operating An “on behalf of issuer” is a corporation organized under the expenses). See Regulations section 1.150-1(b). general nonprofit corporation law of a state whose obligations are considered obligations of a state or local governmental Line 10. Enter the cumulative amount of proceeds used to unit. See Rev. Proc. 82-26, 1982-1 C.B. 476, for a description of finance capital expenditures as of the end of the 12-month the circumstances under which the IRS will ordinarily issue a period. Capital expenditures generally include costs incurred to letter ruling that the obligations of a nonprofit corporation will be acquire, construct, or improve land, buildings, and equipment. issued on behalf of a state or local governmental unit. See also See Regulations section 1.150-1(b). However, don't report Rev. Rul. 63-20, 1963-1 C.B. 24; Rev. Rul. 59-41, 1959-1 C.B. capital expenditures financed by a prior issue that was refunded 13; and Rev. Rul. 54-296, 1954-2 C.B. 59. An “on behalf of by the bond issue or capitalized interest that was reported on issuer” also includes a constituted authority organized by a state line 5. or local governmental unit and empowered to issue debt Line 11. Enter the cumulative amount of proceeds used for any obligations in order to further public purposes. See Rev. Rul. item not reported on lines 4 through 10 as of the end of the 57-187, 1957-1 C.B. 65. 12-month period. Include any proceeds used or irrevocably held Column (i). Check “Yes” or “No” to indicate if the bond issue to redeem or legally defease bonds of the issue. was a pooled financing issue. Line 12. Enter the amount of unspent proceeds as of the end of the 12-month period other than those amounts identified in lines Part II. Proceeds 4, 6, and 11. Complete for each bond issue listed in rows A through D of Part I. Complete multiple schedules if necessary to account for all Line 13. Enter the year in which construction, acquisition, or outstanding tax-exempt bond issues. Note that lines 3 and 5 rehabilitation of the financed project was substantially through 12 concern the amount of proceeds of the bond issue, completed. A project can be treated as substantially completed but line 4 concerns the amount of gross proceeds of the bond when, based upon all the facts and circumstances, the project issue. Because of this, the aggregate of the amounts entered on has reached a degree of completion that would permit its lines 4 through 12 may not equal the amount entered on line 3. operation at substantially its design level and it is, in fact, in operation at such level. See Regulations section 1.150-2(c). If Line 1. Enter the cumulative principal amount of bonds of the the bond issue financed multiple projects, enter the latest year issue that have been retired as of the end of the 12-month period in which construction, acquisition, or rehabilitation of each of the used in completing this schedule. financed projects was substantially completed. For example, if a Line 2. Enter the cumulative principal amount of bonds of the bond issue financed the construction of three projects that were issue that haven't been retired, but have been legally defeased substantially completed in 2021, 2022, and 2023, respectively, through the establishment of a defeasance escrow or a then enter “2023.” If the bond issue financed working capital refunding escrow, as of the end of the 12-month period. expenditures, provide the latest year in which the proceeds of the issue were allocated to those expenditures. Line 3. Enter the total amount of proceeds of the bond issue as of the end of the 12-month period. If the total proceeds aren't Line 14. Check “Yes” if the bonds were issued after 2017 to identical to the issue price listed in Part I, column (e), use Part VI refund tax-exempt bonds or if the bonds were issued prior to to explain the difference (for example, investment earnings). 2018 to currently refund tax-exempt bonds. Otherwise, check “No.” Line 4. Enter the amount of gross proceeds held in a reasonably required sinking fund, pledged fund, or reserve or Line 15. Check “Yes” if the bonds were issued after 2017 to replacement fund as of the end of the 12-month period. See refund taxable bonds or if the bonds were issued prior to 2018 to Regulations sections 1.148-1(c)(2), 1.148-1(c)(3), and advance refund tax-exempt bonds. Otherwise, check “No.” 1.148-2(f). Line 16. Check “Yes” or “No” to indicate if the final allocation of Line 5. Enter the cumulative amount of proceeds used, as of proceeds has been made. Proceeds of a bond issue must be the end of the 12-month period, to pay interest on the applicable accounted for using any reasonable, consistently applied portion of the bond issue during construction of a financed accounting method. Allocations must be made by certain capital project. applicable due dates and are generally not considered final until 2023 Instructions for Schedule K (Form 990) -3- |
Page 4 of 5 Fileid: … s/i990schk/2023/a/xml/cycle03/source 11:28 - 25-Jul-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. the expiration of such due dates. See Regulations section has determined that the research agreement meets the safe 1.148-6. harbor under Rev. Proc. 2007-47, 2007-29 I.R.B. 108, available at Rev. Proc. 2007-47, and won’t result in actual private Line 17. Check “Yes” or “No” to indicate if the organization business use. An agreement by a nongovernmental person to maintains adequate books and records to support the final sponsor research performed by the organization can result in allocation of proceeds. Answer this question only with respect to private business use of the property used for the research, the tax year applicable to this schedule. based on all the facts and circumstances. A research agreement Part III. Private Business Use for the financed property will generally result in private business use of that property if the sponsor is treated as the lessee or Complete for bond issues listed in rows A through D of Part I, owner of financed property for federal income tax purposes. See other than listed bond issues that are post-December 31, 2002, Regulations section 1.141-3(b)(6). refunding issues which refund pre-January 1, 2003, bond issues directly or through a series of refundings. For this Line 3d. If line 3c was checked “Yes,” check “Yes” or “No” to purpose, a refunding bond issue also includes allocation and indicate if, during the 12-month period used to report on the treatment of bonds of a multipurpose issue as a separate bond issue, the organization routinely engaged bond counsel or refunding issue under Regulations section 1.141-13(d). other outside counsel to review any research agreements Complete multiple schedules if necessary to account for all relating to the financed property. outstanding tax-exempt bond issues. Line 4. Enter the average percentage during the year of the property financed by the bond issue that was used in a private The organization may omit from Part III information with business use by a nongovernmental person other than a respect to any bond issue reported in Part I that is a qualified section 501(c)(3) organization. See Regulations section private activity bond other than a qualified 501(c)(3) bond. For 1.141-3(g)(4). The average percentage is determined by any other qualified private activity bonds, in Part VI the comparing (i) the amount of private business use (see organization must identify the issue by reference to rows A Definitions, earlier) during the year to (ii) the total amount of through D of Part I, as applicable, and identify the type of private business use and use that isn't private business use qualified private activity bond. during that year. Don't include costs of issuance reported in Part Line 1. Check “Yes” or “No” to indicate if the organization was at II in the amount of property used in a private business use any time during the reporting period a partner in a partnership or (clause (i) of the preceding sentence), but do include such costs a member of a limited liability company (LLC) which both owned in the total amount of use (clause (ii)). Enter the yearly average property that was financed by the bond issue and included as percentage to the nearest tenth of a percentage point (for partner(s) or member(s) entities other than a section 501(c)(3) example, 8.9% (0.089)). For this purpose, don't include any use organization. relating to either a management or service contract identified on line 3a that the organization has determined meets the safe Line 2. Check “Yes” or “No” to indicate if any lease harbor under Rev. Proc. 2017-13, or otherwise doesn't result in arrangements that may result in private business use were private business use. See also Rev. Proc. 2016-44. Similarly, effective at any time during the year with respect to property don't include any use relating to a research agreement identified financed by the bond issue. The lease of financed property to a on line 3c that the organization has determined meets the safe nongovernmental person other than a section 501(c)(3) harbor under Rev. Proc. 2007-47, or otherwise doesn't result in organization is generally private business use. Lease private business use. arrangements that constitute unrelated trade or business of the lessor, or that are for an unrelated trade or business of a section Line 5. Enter the average percentage during the year of the 501(c)(3) organization lessee, may also result in private business property financed by the bond issue that was used in an use. See Regulations sections 1.141-3(b)(3) and 1.145-2(b)(1). unrelated trade or business activity (a private business use) by the organization, another section 501(c)(3) organization, or a Line 3a. Check “Yes” or “No” to indicate if any management or state or local governmental unit. See Regulations section service contract that may result in private business use was 1.141-3(g)(4). Enter the yearly average percentage rounded to effective at any time during the year with respect to property the nearest tenth of a percentage point (for example, 8.9% financed by the bond issue. For this purpose, answer “Yes” (0.089)). even if the organization has determined that the management or service contract meets the safe harbor under Rev. Proc. Line 7. Check “Yes” or “No” to indicate whether, as of the end of 2017-13, 2017-6 I.R.B. 787, available at Rev. Proc. 2017-13, and the 12-month period used to report on the bond issue, the bond won’t result in actual private business use. A management or issue met the private security or payment test of section 141(b) service contract for the financed property can result in private (2), as modified by section 145, to apply to qualified 501(c)(3) business use of the property, based on all facts and bonds. Generally, a qualified 501(c)(3) bond issue will meet the circumstances. A management or service contract for the private security or payment test if more than 5% of the payment financed property generally results in private business use of of principal or interest on the bond issue is either made or that property if the contract provides for compensation for secured (directly or indirectly) by payments or property used or services rendered with compensation based, in whole or in part, to be used for a private business use. See Regulations sections on a share of net profits from the operation of the facility. See 1.141-4 and 1.145-2. Regulations section 1.141-3(b)(4). See also Rev. Proc. 2016-44, Line 8a. Check "Yes" or "No" to indicate whether the owner of 2016-36 I.R.B. 316, available at Rev. Proc. 2016-44. any of the financed property sold or transferred the property to Line 3b. If line 3a was checked “Yes,” check “Yes” or “No” to an entity other than a state or local governmental unit or another indicate if, during the 12-month period used to report on the section 501(c)(3) organization. For this purpose, report sales bond issue, the organization routinely engaged bond counsel or and transfers on a cumulative basis since the issuance of the other outside counsel to review any management or service bonds. contracts relating to the financed property. Line 8b. If line 8a was checked "Yes," report the percentage of Line 3c. Check “Yes” or “No” to indicate if any research property sold or transferred, including prior transfers on a agreement that may result in private business use was effective cumulative basis, since the issuance of the bonds. at any time during the year for property financed by the bond issue. For this purpose, answer “Yes” even if the organization -4- 2023 Instructions for Schedule K (Form 990) |
Page 5 of 5 Fileid: … s/i990schk/2023/a/xml/cycle03/source 11:28 - 25-Jul-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 8c. If line 8a was checked "Yes," state whether the nonpurpose investment that has specifically negotiated organization took any remedial actions under the applicable withdrawal or reinvestment provisions and a specifically regulations with respect to any nonqualified bonds that may have negotiated interest rate, including “negotiations” through resulted from the transfer. requests for bids. It also includes any agreement to supply investments on two or more dates (for example, a forward supply Line 9. Check "Yes" or "No" to indicate whether the organization contract). If the answer on line 5a is “Yes”: has established written procedures to ensure timely remedial • Enter the name of the provider of the GIC on line 5b, action with respect to all nonqualified bonds in accordance with • Enter the term of the GIC rounded to the nearest tenth of a Regulations sections 1.141-12 and 1.145-2 or other additional year on line 5c, and remedial actions authorized by the Commissioner under • Enter “Yes” or “No” on line 5d to indicate if the regulatory Regulations section 1.141-12(h). Answer "Yes" only if the safe harbor for establishing fair market value provided in procedures applied to the bond issue during the 12-month Regulations section 1.148-5(d)(6)(iii) was satisfied. period used to report on the bond issue. Line 6. Check “Yes” or “No” to indicate if any gross proceeds Part IV. Arbitrage were invested beyond a temporary period (for example, the Complete for each bond issue listed in rows A through D of Part 3-year temporary period applicable to proceeds spent on I. Complete multiple schedules if necessary to account for all expenditures for capital projects, or the 13-month temporary outstanding tax-exempt bond issues. period applicable to proceeds spent on working capital expenditures), or if any gross proceeds were invested in a Line 1. Under section 148(f), interest on a state or local bond reserve or replacement fund in an amount exceeding applicable isn't tax exempt unless the issuer of the bond rebates to the limits. See Regulations sections 1.148-2(e) and (f). United States arbitrage profits earned from investing proceeds of the bond in higher yielding nonpurpose investments. Issuers of Line 7. Check “Yes” or “No” to indicate if the organization has tax-exempt bonds and any other bonds subject to the provisions established written procedures to monitor compliance with the of section 148 must use Form 8038-T, Arbitrage Rebate, Yield arbitrage, yield restriction, and rebate requirements of section Reduction and Penalty in Lieu of Arbitrage Rebate, to make 148. Answer “Yes” only if the procedures applied to the bond arbitrage rebate and related payments. Generally, rebate issue during the 12-month period are used to report on the bond payments are due no later than 60 days after every fifth issue. anniversary of the issue date and the final payment of the bonds. Check “Yes” or “No” to indicate whether the issuer has filed the Part V. Procedures To Undertake Form 8038-T that would have been most recently due. Corrective Action Lines 2a through 2c. If the issuer hasn't filed Form 8038-T for Regulations section 1.141-12 and other available remedies for the most recent computation date for which filing would be noncompliance may not cover all violations of the requirements required if rebate were due, check “Yes” or “No” to indicate of section 145 and other applicable requirements for tax-exempt whether any of the explanations in lines 2a through 2c apply. If bonds benefiting the organization. Certain remedial provisions line 2c is checked “Yes,” use Part VI to provide the date of the also require that the noncompliance be identified and remedial rebate computation showing that no rebate was due for the action taken within a limited time after the deliberate action or applicable computation date. other cause of the violation. In instances where applicable Line 3. Check “Yes” or “No” to indicate if the bond issue is a remedial provisions aren't available under the regulations, an variable rate issue. A variable rate issue is an issue containing a issuer of bonds may request a voluntary closing agreement to bond with a yield not fixed and determinable on the issue date. address the violation under the Tax Exempt Bonds Voluntary Closing Agreement Program described under Notice 2008-31, Lines 4a through 4e. In general, payments made or received 2008-11 I.R.B. 592. Check “Yes” or “No” to indicate whether the by a governmental issuer or borrower of bond proceeds under organization has established written procedures to ensure timely a qualified hedge are taken into account to determine the yield identification of violations of federal tax requirements and timely on the bond issue. A qualified hedge can be entered into correction of any identified violation(s) through use of the before, at the same time as, or after the date of issue. Check voluntary closing agreement program if self-remediation isn't “Yes” or “No” on line 4a to indicate if the organization or the available under applicable regulations. Answer “Yes” only if the governmental issuer has entered into a qualified hedge and procedures applied during the 12-month period are used to identified it on the governmental issuer's books and records. See report on the bond issue. Regulations section 1.148-4(h). If the answer to line 4a is “Yes”: • Enter the name of the provider of the hedge on line 4b; Part VI. Supplemental Information • Enter the term of the hedge rounded to the nearest tenth of Use Part VI to provide the narrative explanations required, if a year (for example, 2.4 years) on line 4c; applicable, to supplement Part I, columns (e) and (f); to provide • Enter “Yes” or “No” on line 4d to indicate if, as a result of the additional information or comments relating to the reporting of hedge, variable yield bonds will be treated as fixed yield liabilities by related organizations; and to describe certain bonds (superintegration of the hedge) (see Regulations assumptions that are used to complete Schedule K (Form 990) section 1.148-4(h)(4)); and when the information provided isn't fully supported by existing • Enter “Yes” or “No” on line 4e to indicate if the hedge was records. Also use Part VI to supplement responses to questions terminated prior to its scheduled termination date. on Schedule K (Form 990). Identify the specific part and line Lines 5a through 5d. Check “Yes” or “No” on line 5a to indicate number that the response supports, in the order in which the if any gross proceeds of the bond issue were invested in a responses appear on Schedule K (Form 990). guaranteed investment contract (GIC). A GIC includes any 2023 Instructions for Schedule K (Form 990) -5- |