Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … s/i990schk/2022/a/xml/cycle02/source (Init. & Date) _______ Page 1 of 5 12:20 - 23-Aug-2022 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 2022 Instructions for Schedule K (Form 990) Supplemental Information on Tax-Exempt Bonds Section references are to the Internal Revenue Code unless organizations. In addition, use Part VI to describe certain otherwise noted. assumptions that are used to complete Schedule K (Form 990) when the information provided isn't fully supported by existing Future Developments records. For the latest information about developments related to Schedule K (Form 990) and its instructions, such as legislation Who Must File enacted after they were published, go to IRS.gov/Form990. An organization that answered “Yes” on Form 990, Part IV, Checklist of Required Schedules, question 24a, must complete and attach Schedule K to Form 990. This means the General Instructions organization reported an outstanding tax-exempt bond issue that: Note. Terms in bold are defined in the Glossary of the • Had an outstanding principal amount in excess of $100,000 Instructions for Form 990, Return of Organization Exempt From as of the last day of the tax year, and Income Tax. • Was issued after December 31, 2002. Purpose of Schedule Up to four separate outstanding tax-exempt liabilities can be reported on each Schedule K (Form 990). The schedule can be Schedule K (Form 990) is used by an organization that files duplicated if needed to report more than four tax-exempt Form 990 to provide certain information on its outstanding liabilities. If the organization isn't required to file Form 990 but liabilities associated with tax-exempt bond issues. Usually, a chooses to do so, it must file a complete return and provide all of bond issue associated with an exempt organization will consist the information requested, including the required schedules. of qualified 501(c)(3) bonds, but all types of tax-exempt bonds benefiting the organization must be reported. A qualified 501(c) Period Covered (3) bond issue consists of bonds, the proceeds of which are used by a section 501(c)(3) organization to further its charitable The organization can complete this schedule for any tax-exempt purpose. Generally, applicable requirements for qualified 501(c) liability using the same period as the Form 990 with which it is (3) bonds under section 145 include the following. filed. Alternatively, the organization can use any other 12-month • All property financed by the bond issue is to be owned by a period or periods selected by the organization and that, used section 501(c)(3) organization or a state or local consistently for a tax-exempt liability for purposes of this governmental unit. schedule and computations, is in accordance with the • At least 95% of the net proceeds of the bond issue are used requirements under sections 141 through 150. Under this by either a state or local governmental unit or a section alternative, the organization can use different 12-month periods 501(c)(3) organization in activities that don't constitute for each tax-exempt liability reported. The alternative period(s) unrelated trades or businesses (determined by applying must be specifically described in Part VI. section 513). If the organization has one or more related organizations Specific Instructions (for example, parent and subsidiary relationship), it must complete Schedule K (Form 990) consistent with the filing(s) of Definitions 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 excluded from the holder's gross income under section 103. For and loans or allocates that issue to a subsidiary organization, this purpose, a bond can be in any form of indebtedness under only one organization (either the parent or subsidiary) should federal tax law, including a bond, note, loan, or lease-purchase report the liability on Form 990 and the Schedule K. Similarly, if a agreement. parent organization loans or allocates the proceeds of a Bond issue. This is an issue of two or more bonds that are tax-exempt bond issue to a group of subsidiary organizations, sold at substantially the same time, sold pursuant to the same only one level (either the parent or the group of subsidiaries) plan of financing, and payable from the same source of funds. should report the liability on Form 990 and the Schedule K. For See Regulations section 1.150-1(c). this purpose, if the subsidiary organizations report the liability, each subsidiary should only report the amount it is loaned or Defeasance escrow. This is an irrevocable escrow 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 Aug 23, 2022 Cat. No. 20378D |
Page 2 of 5 Fileid: … s/i990schk/2022/a/xml/cycle02/source 12:20 - 23-Aug-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. established with proceeds of a refunding issue to defease a refunding issue had an outstanding principal amount prior issue is referred to as a refunding escrow. exceeding $100,000. The organization must list the refunding 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 more prior issues. See Regulations section 1.148-1(b). the corresponding information included on Form 8038, Refunding issue. This is an issue of obligations the Information Return for Tax-Exempt Private Activity Bond Issues, proceeds of which are used to pay principal, interest, or filed by the governmental issuer upon the issuance of the bond redemption price on another issue (a prior issue), including the issue. Complete multiple schedules if necessary to account for issuance costs, accrued interest, capitalized interest on the all outstanding post-December 31, 2002, tax-exempt bond refunding issue, a reserve or replacement fund, or similar issues. 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 Special rules for refunding of pre-2003 issues. Bonds issue. issued after December 31, 2002, to refund bonds issued before January 1, 2003, have special reporting requirements. Such Column (c). Enter the Committee on Uniform Securities refunding bonds are subject to the generally applicable reporting Identification Procedures (CUSIP) number on the bond with the requirements of Parts I, II, and IV. However, the organization latest maturity. The CUSIP number should be identical to the need not complete lines 1 through 9 of Part III to report private CUSIP number listed on Form 8038, Part I, line 9, filed for the business use information for the issue for such refunding bonds. bond issue. If the bond issue wasn't publicly offered and there These special rules don't apply to bonds issued after December is no assigned CUSIP number, enter zeros in place of the CUSIP 31, 2002, to refund directly or through a series of refunding number. bonds that were also originally issued after 2002. Column (d). Enter the issue date of the obligation. The issue Example 1. Refunding of pre-2003 bonds. Bonds issued date should be identical to the issue date listed on Form 8038, in 2002 to construct a facility were current refunded in 2017. In Part I, line 7, filed for the bond issue. The issue date is 2020, bonds were issued to current refund the 2017 bonds. As generally the date on which the issuer receives the purchase of December 31, 2022, the last day of the organization's tax price in exchange for delivery of the evidence of indebtedness year, the 2020 refunding bonds had an outstanding principal (for example, a bond). In no event is the issue date earlier than amount exceeding $100,000. The organization must list the the first day on which interest begins to accrue on the bond for refunding bond issue in Part I for each year the outstanding federal income tax purposes. See Regulations section principal amount exceeds $100,000 as of the last day of such 1.150-1(b). year, and must provide all Part I, Part II, and Part IV information Column (e). Enter the issue price of the obligation. The issue for such refunding issue. Because the original bonds were price should generally be identical to the issue price listed on issued prior to 2003, the organization need not complete Part III Form 8038, Part III, line 21(b), filed for the bond issue. The for the refunding bond issue. issue price is generally determined under Regulations sections Example 2. Refunding of post-2002 bonds. Bonds 1.148-1(b) and 1.148-1(f). If the issue price isn't identical to the issued in 2014 were advance refunded in 2017. As of December issue price listed on the filed Form 8038, use Part VI to explain 31, 2022, the last day of the organization's tax year, the the difference. -2- 2022 Instructions for Schedule K (Form 990) |
Page 3 of 5 Fileid: … s/i990schk/2022/a/xml/cycle02/source 12:20 - 23-Aug-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Column (f). Describe the purpose of the bond issue, such as Line 5. Enter the cumulative amount of proceeds used, as of to construct a hospital or provide funds to refund a prior issue. If the end of the 12-month period, to pay interest on the applicable any of the bond proceeds were used to refund a prior issue, portion of the bond issue during construction of a financed enter the date of issue for each of the refunded issues. If the capital project. issue has multiple purposes, enter each purpose. If the issue Line 6. Enter the amount of proceeds held in a refunding financed various projects or activities corresponding to a related escrow as of the end of the 12-month period. For this purpose purpose, only enter the purpose once. For example, if proceeds only, include investment proceeds without regard to the project are used to acquire various items of office equipment, the period limitation found in the definition of proceeds. amount of such expenditures should be aggregated and identified with the stated purpose of “office equipment.” Line 7. Enter the cumulative amount of proceeds used to pay Alternatively, if proceeds are used to construct and equip a bond issuance costs, including (but not limited to) underwriters' single facility, the expenditures should be aggregated and spread as well as fees for trustees and bond counsel as of the identified with the stated purpose of “construct & equip facility” end of the 12-month period. Issuance costs are costs incurred in where the identification of the facility is distinguishable from connection with, and allocable to, the issuance of a bond issue. other bond-financed facilities, if any. Use Part VI if additional See Regulations section 1.150-1(b) for an example list of space is needed for this purpose. issuance costs. Column (g). Check “Yes” or “No” to indicate whether a Line 8. Enter the cumulative amount of proceeds used to pay defeasance escrow or refunding escrow has been fees for credit enhancement that are taken into account in established to irrevocably defease any bonds of the bond determining the yield on the issue for purposes of section 148(h) 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 An “on behalf of issuer” is a corporation organized under the isn't a capital expenditure (for example, current operating general nonprofit corporation law of a state whose obligations expenses). See Regulations section 1.150-1(b). 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 obligations in order to further public purposes. See Rev. Rul. Line 11. Enter the cumulative amount of proceeds used for any 57-187, 1957-1 C.B. 65. item not reported on lines 4 through 10 as of the end of the 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 Part II. Proceeds the 12-month period other than those amounts identified in lines 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 2020, 2021, and 2022, respectively, through the establishment of a defeasance escrow or a then enter “2022.” 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 Line 3. Enter the total amount of proceeds of the bond issue the issue were allocated to those expenditures. 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 Line 4. Enter the amount of gross proceeds held in a “No.” 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). 2022 Instructions for Schedule K (Form 990) -3- |
Page 4 of 5 Fileid: … s/i990schk/2022/a/xml/cycle02/source 12:20 - 23-Aug-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 16. Check “Yes” or “No” to indicate if the final allocation of other outside counsel to review any management or service proceeds has been made. Proceeds of a bond issue must be contracts relating to the financed property. accounted for using any reasonable, consistently applied Line 3c. Check “Yes” or “No” to indicate if any research accounting method. Allocations must be made by certain agreement that may result in private business use was effective applicable due dates and are generally not considered final until at any time during the year for property financed by the bond the expiration of such due dates. See Regulations section issue. For this purpose, answer “Yes” even if the organization 1.148-6. has determined that the research agreement meets the safe Line 17. Check “Yes” or “No” to indicate if the organization harbor under Rev. Proc. 2007-47, 2007-29 I.R.B. 108, available maintains adequate books and records to support the final at Rev. Proc. 2007-47, and won’t result in actual private allocation of proceeds. Answer this question only with respect to business use. An agreement by a nongovernmental person to the tax year applicable to this schedule. sponsor research performed by the organization can result in private business use of the property used for the research, Part III. Private Business Use based on all the facts and circumstances. A research agreement Complete for bond issues listed in rows A through D of Part I, for the financed property will generally result in private business other than listed bond issues that are post-December 31, 2002, use of that property if the sponsor is treated as the lessee or refunding issues which refund pre-January 1, 2003, bond owner of financed property for federal income tax purposes. See issues directly or through a series of refundings. For this Regulations section 1.141-3(b)(6). purpose, a refunding bond issue also includes allocation and Line 3d. If line 3c was checked “Yes,” check “Yes” or “No” to treatment of bonds of a multipurpose issue as a separate indicate if, during the 12-month period used to report on the refunding issue under Regulations section 1.141-13(d). bond issue, the organization routinely engaged bond counsel or Complete multiple schedules if necessary to account for all other outside counsel to review any research agreements outstanding tax-exempt bond issues. relating to the financed property. The organization may omit from Part III information with Line 4. Enter the average percentage during the year of the respect to any bond issue reported in Part I that is a qualified property financed by the bond issue that was used in a private private activity bond other than a qualified 501(c)(3) bond. For business use by a nongovernmental person other than a any other qualified private activity bonds, in Part VI the section 501(c)(3) organization. See Regulations section organization must identify the issue by reference to rows A 1.141-3(g)(4). The average percentage is determined by through D of Part I, as applicable, and identify the type of comparing (i) the amount of private business use (see qualified private activity bond. Definitions, earlier) during the year to (ii) the total amount of private business use and use that isn't private business use Line 1. Check “Yes” or “No” to indicate if the organization was during that year. Don't include costs of issuance reported in Part at any time during the reporting period a partner in a partnership II in the amount of property used in a private business use or a member of a limited liability company (LLC) which both (clause (i) of the preceding sentence), but do include such costs owned property that was financed by the bond issue and in the total amount of use (clause (ii)). Enter the yearly average included as partner(s) or member(s) entities other than a section percentage to the nearest tenth of a percentage point (for 501(c)(3) organization. example, 8.9%). For this purpose, don't include any use relating Line 2. Check “Yes” or “No” to indicate if any lease to either a management or service contract identified on line 3a arrangements that may result in private business use were that the organization has determined meets the safe harbor effective at any time during the year with respect to property under Rev. Proc. 2017-13, or otherwise doesn't result in private financed by the bond issue. The lease of financed property to a business use. See also Rev. Proc. 2016-44. Similarly, don't nongovernmental person other than a section 501(c)(3) include any use relating to a research agreement identified on organization is generally private business use. Lease line 3c that the organization has determined meets the safe arrangements that constitute unrelated trade or business of the harbor under Rev. Proc. 2007-47, or otherwise doesn't result in lessor, or that are for an unrelated trade or business of a section private business use. 501(c)(3) organization lessee, may also result in private Line 5. Enter the average percentage during the year of the business use. See Regulations sections 1.141-3(b)(3) and property financed by the bond issue that was used in an 1.145-2(b)(1). unrelated trade or business activity (a private business use) Line 3a. Check “Yes” or “No” to indicate if any management or by the organization, another section 501(c)(3) organization, or a service contract that may result in private business use was state or local governmental unit. See Regulations section effective at any time during the year with respect to property 1.141-3(g)(4). Enter the yearly average percentage rounded to financed by the bond issue. For this purpose, answer “Yes” the nearest tenth of a percentage point (for example, 8.9%). even if the organization has determined that the management or Line 7. Check “Yes” or “No” to indicate whether, as of the end of service contract meets the safe harbor under Rev. Proc. the 12-month period used to report on the bond issue, the bond 2017-13, 2017-6 I.R.B. 787, available at Rev. Proc. 2017-13, issue met the private security or payment test of section 141(b) and won’t result in actual private business use. A management (2), as modified by section 145, to apply to qualified 501(c)(3) or service contract for the financed property can result in private bonds. Generally, a qualified 501(c)(3) bond issue will meet the business use of the property, based on all facts and private security or payment test if more than 5% of the payment circumstances. A management or service contract for the of principal or interest on the bond issue is either made or financed property generally results in private business use of secured (directly or indirectly) by payments or property used or that property if the contract provides for compensation for to be used for a private business use. See Regulations sections services rendered with compensation based, in whole or in part, 1.141-4 and 1.145-2. on a share of net profits from the operation of the facility. See 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 an entity other than a state or local governmental unit or another Line 3b. If line 3a was checked “Yes,” check “Yes” or “No” to section 501(c)(3) organization. For this purpose, report sales indicate if, during the 12-month period used to report on the and transfers on a cumulative basis since the issuance of the bond issue, the organization routinely engaged bond counsel or bonds. -4- 2022 Instructions for Schedule K (Form 990) |
Page 5 of 5 Fileid: … s/i990schk/2022/a/xml/cycle02/source 12:20 - 23-Aug-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 8b. If line 8a was checked "Yes," report the percentage of in a guaranteed investment contract (GIC). A GIC includes any property sold or transferred, including prior transfers on a nonpurpose investment that has specifically negotiated cumulative basis, since the issuance of the bonds. withdrawal or reinvestment provisions and a specifically negotiated interest rate, including “negotiations” through Line 8c. If line 8a was checked "Yes," state whether the requests for bids. It also includes any agreement to supply organization took any remedial actions under the applicable investments on two or more dates (for example, a forward regulations with respect to any nonqualified bonds that may supply contract). If the answer on line 5a is “Yes”: have resulted from the transfer. • Enter the name of the provider of the GIC on line 5b, Line 9. Check "Yes" or "No" to indicate whether the • Enter the term of the GIC rounded to the nearest tenth of a organization has established written procedures to ensure timely year on line 5c, and remedial action with respect to all nonqualified bonds in • Enter “Yes” or “No” on line 5d to indicate if the regulatory accordance with Regulations sections 1.141-12 and 1.145-2 or safe harbor for establishing fair market value provided in other additional remedial actions authorized by the Regulations section 1.148-5(d)(6)(iii) was satisfied. Commissioner under Regulations section 1.141-12(h). Answer Line 6. Check “Yes” or “No” to indicate if any gross proceeds "Yes" only if the procedures applied to the bond issue during the were invested beyond a temporary period (for example, the 12-month period used to report on the bond issue. 3-year temporary period applicable to proceeds spent on expenditures for capital projects, or the 13-month temporary Part IV. Arbitrage period applicable to proceeds spent on working capital Complete for each bond issue listed in rows A through D of Part expenditures), or if any gross proceeds were invested in a I. Complete multiple schedules if necessary to account for all reserve or replacement fund in an amount exceeding applicable outstanding tax-exempt bond issues. limits. See Regulations sections 1.148-2(e) and (f). Line 1. Under section 148(f), interest on a state or local bond Line 7. Check “Yes” or “No” to indicate if the organization has isn't tax exempt unless the issuer of the bond rebates to the established written procedures to monitor compliance with the United States arbitrage profits earned from investing proceeds of arbitrage, yield restriction, and rebate requirements of section the bond in higher yielding nonpurpose investments. Issuers of 148. Answer “Yes” only if the procedures applied to the bond tax-exempt bonds and any other bonds subject to the provisions issue during the 12-month period are used to report on the bond of section 148 must use Form 8038-T, Arbitrage Rebate, Yield issue. Reduction and Penalty in Lieu of Arbitrage Rebate, to make arbitrage rebate and related payments. Generally, rebate Part V. Procedures To Undertake payments are due no later than 60 days after every fifth anniversary of the issue date and the final payment of the bonds. Corrective Action Check “Yes” or “No” to indicate whether the issuer has filed the Regulations section 1.141-12 and other available remedies for Form 8038-T that would have been most recently due. noncompliance may not cover all violations of the requirements Lines 2a through 2c. If the issuer hasn't filed Form 8038-T for of section 145 and other applicable requirements for tax-exempt the most recent computation date for which filing would be bonds benefiting the organization. Certain remedial provisions required if rebate were due, check “Yes” or “No” to indicate also require that the noncompliance be identified and remedial whether any of the explanations in lines 2a through 2c apply. If action taken within a limited time after the deliberate action or line 2c is checked “Yes,” use Part VI to provide the date of the other cause of the violation. In instances where applicable rebate computation showing that no rebate was due for the remedial provisions aren't available under the regulations, an applicable computation date. issuer of bonds may request a voluntary closing agreement to address the violation under the Tax Exempt Bonds Voluntary Line 3. Check “Yes” or “No” to indicate if the bond issue is a Closing Agreement Program described under Notice 2008-31, variable rate issue. A variable rate issue is an issue containing a 2008-11 I.R.B. 592. Check “Yes” or “No” to indicate whether the bond with a yield not fixed and determinable on the issue date. organization has established written procedures to ensure timely Lines 4a through 4e. In general, payments made or received identification of violations of federal tax requirements and timely by a governmental issuer or borrower of bond proceeds under correction of any identified violation(s) through use of the a qualified hedge are taken into account to determine the yield voluntary closing agreement program if self-remediation isn't on the bond issue. A qualified hedge can be entered into available under applicable regulations. Answer “Yes” only if the before, at the same time as, or after the date of issue. Check procedures applied during the 12-month period are used to “Yes” or “No” on line 4a to indicate if the organization or the report on the bond issue. governmental issuer has entered into a qualified hedge and identified it on the governmental issuer's books and records. See Part VI. Supplemental Information Regulations section 1.148-4(h). If the answer to line 4a is “Yes”: Use Part VI to provide the narrative explanations required, if • Enter the name of the provider of the hedge on line 4b; applicable, to supplement Part I, columns (e) and (f); to provide • Enter the term of the hedge rounded to the nearest tenth of additional information or comments relating to the reporting of a year (for example, 2.4 years) on line 4c; liabilities by related organizations; and to describe certain • Enter “Yes” or “No” on line 4d to indicate if, as a result of the assumptions that are used to complete Schedule K (Form 990) hedge, variable yield bonds will be treated as fixed yield when the information provided isn't fully supported by existing bonds (superintegration of the hedge) (see Regulations records. Also use Part VI to supplement responses to questions section 1.148-4(h)(4)); and on Schedule K (Form 990). Identify the specific part and line • Enter “Yes” or “No” on line 4e to indicate if the hedge was number that the response supports, in the order in which the terminated prior to its scheduled termination date. responses appear on Schedule K (Form 990). Lines 5a through 5d. Check “Yes” or “No” on line 5a to indicate if any gross proceeds of the bond issue were invested 2022 Instructions for Schedule K (Form 990) -5- |