Form 8038-G - Information Return for Tax-Exempt Governmental Obligation

Instructions for Form
8038-G

Department of the Treasury
Internal Revenue Service

(Revised November 2000)
Information Return for Tax-Exempt Governmental
Obligations
Caution: If the issue price is less than $100,000, use Form 8038–GC.
Section references are to the Internal Revenue Code, unless otherwise noted.

General Instructions
Purpose of Form
Form 8038-G is used by issuers of tax-exempt
governmental obligations to provide the IRS
with the information required by section 149(e)
and to monitor the requirements of sections
141 through 150. Complete Parts II through VI
on the basis of available information and
reasonable expectations as of the issue date.
If an item does not apply to the issue you are
reporting, write “N/A” in the space provided for
the item.

Who Must File
IF the issue price
(line 21, column (b))
is...

THEN, for tax-exempt
governmental obligations
issued after December 31,
1986, issuers must file...

$100,000 or more

A separate Form 8038-G for
each issue

Less than $100,000

Form 8038-GC, Information
Return for Small Tax-Exempt
Governmental Bond Issues,
Leases, and Installment Sales

Other Forms That May Be Required
For rebating arbitrage (or paying a penalty in
lieu of arbitrage rebate) to the Federal
government, use Form 8038-T, Arbitrage
Rebate and Penalty in Lieu of Arbitrage
Rebate. For private activity bonds, use Form
8038, Information Return for Tax-Exempt
Private Activity Bond Issues.

When To File
File Form 8038-G on or before the 15th day of
the 2nd calendar month after the close of the
calendar quarter in which the issue is issued.
Complete Form 8038-G based on the facts as
of the issue date.
Late filing. An issuer may be granted an
extension of time to file Form 8038-G under
Section 3 of Rev. Proc. 88-10, 1988-1 C.B.
635, if it is determined that the failure to file on
time is not due to willful neglect. Enter at the
top of the form “This Statement Is Submitted in
Accordance with Rev. Proc. 88-10.” Attach to
the Form 8038-G a letter explaining why Form
8038-G was not submitted to the IRS on time.
Also indicate whether the bond issue in
question is under examination by the IRS. Do
not submit copies of the trust indenture or other
bond documents. See Where To File below.

Where To File
File Form 8038-G, and any attachments, with
the Internal Revenue Service Center, Ogden,
UT 84201.

Rounding to Whole Dollars
You may show amounts on this return as whole
dollars. To do so, drop amounts less than 50
cents and increase amounts from 50 cents
through 99 cents to the next higher dollar.

Definitions
Tax-exempt obligation. This is any obligation,
including a bond, installment purchase
agreement, or financial lease, on which the
interest is excluded from income under
section 103.
Tax-exempt governmental obligation. A
tax-exempt obligation that is not a private
activity bond (see below) is a tax-exempt
governmental obligation. This includes a bond
issued by a qualified volunteer fire department
under section 150(e).
Private activity bond. This includes an
obligation issued as part of an issue in which:
● More than 10% of the proceeds are to be
used for any private activity business use, and
● More than 10% of the payment of principal
or interest of the issue is either (a) secured by
an interest in property to be used for a private
business use (or payments for such property)
or (b) to be derived from payments for property
(or borrowed money) used for a private
business use.
It also includes a bond, the proceeds of
which (a) are to be used to make or finance
loans (other than loans described in section
141(c)(2)) to persons other than governmental
units and (b) exceeds the lesser of 5% of the
proceeds or $5 million.
Issue price. The issue price of obligations is
generally determined under Regulations
section 1.148-1(b). Thus, when issued for cash,
the issue price is the price at which a
substantial amount of the obligations are sold
to the public. To determine the issue price of
an obligation issued for property, see sections
1273 and 1274 and the related regulations.
Issue. Generally, obligations are treated as
part of the same issue only if they are issued
by the same issuer, on the same date, and as
part of a single transaction, or a series of
related transactions. However, obligations
issued during the same calendar year (a) under
a loan agreement under which amounts are to
be advanced periodically (a "draw-down loan")
or (b) with a term not exceeding 270 days, may
be treated as part of the same issue if the
obligations are equally and ratably secured
under a single indenture or loan agreement and
are issued under a common financing
arrangement (e.g., under the same official
statement periodically updated to reflect
changing factual circumstances). Also, for
obligations issued under a draw-down loan that
meets the requirements of the preceding
Cat. No. 63774D

sentence, obligations issued during different
calendar years may be treated as part of the
same issue if all of the amounts to be
advanced under the draw-down loan are
reasonably expected to be advanced within 3
years of the date of issue of the first obligation.
Likewise, obligations (other than private activity
bonds) issued under a single agreement that
is in the form of a lease or installment sale may
be treated as part of the same issue if all of the
property covered by that agreement is
reasonably expected to be delivered within 3
years of the date of issue of the first obligation.
Arbitrage rebate. Generally, interest on a
state or local bond is not tax-exempt unless the
issuer of the bond rebates to the United States
arbitrage profits earned from investing
proceeds of the bond in higher yielding
nonpurpose investments. See section 148(f).
Construction issue. This is an issue of
tax-exempt bonds that meets both of the
following conditions:
1. At least 75% of the available construction
proceeds are to be used for construction
expenditures with respect to property to be
owned by a governmental unit or a 501(c)(3)
organization, and
2. All the bonds that are part of the issue
are qualified 501(c)(3) bonds, bonds that are
not private activity bonds, or private activity
bonds issued to finance property to be owned
by a governmental unit or a 501(c)(3)
organization.
In lieu of rebating any arbitrage that may be
owed to the United States, the issuer of a
construction issue may make an irrevocable
election to pay a penalty. The penalty is equal
to 11/2% of the amount of construction proceeds
that do not meet certain spending
requirements. See section 148(f)(4)(C) and the
Instructions for Form 8038-T.

Specific Instructions
Part I—Reporting Authority
Amended return. If you are filing an amended
Form 8038-G, check the amended return box
and complete Part I and only those parts of
Form 8038-G you are amending. Use the same
report number (line 4) as was used for the
original report. Do not amend the estimated
amounts previously reported once the actual
amounts are determined.
Line 1. The issuer's name is the name of the
entity issuing the obligations, not the name of
the entity receiving the benefit of the financing.
For a lease or installment sale, the issuer is the
lessee or the purchaser.
Line 2. An issuer that does not have an
employer identification number (EIN) should
apply for one on Form SS-4, Application for

Employer Identification Number. This form may
be obtained at Social Security Administration
offices or by calling 1-800-TAX-FORM. If the
EIN has not been received by the due date for
Form 8038-G, write “Applied for” in the space
for the EIN.
Line 4. After the preprinted 3, enter two
self-designated numbers. Number reports
consecutively during any calendar year (e.g.,
334, 335, etc.).
Line 6. The date of issue is generally the date
on which the issuer physically exchanges the
bonds that are part of the issue for the
underwriter's (or other purchaser's) funds. For
a lease or installment sale, enter the date
interest starts to accrue.
Line 7. If there is no name of the issue, please
provide other identification of the issue.
Line 8. Enter the CUSIP (Committee of
Uniform Securities Identification Procedure)
number of the bond with the latest maturity. If
the issue does not have a CUSIP number, write
“None” on line 8.

Part II—Type of Issue
Identify the type of obligations issued by
checking the appropriate box(es) and entering
the corresponding issue price (see Issue price
under Definitions on page 1). Attach a
schedule listing names and EINs of
organizations that are to use proceeds of these
obligations if different from those of the issuer.
Line 18. Check the box on this line only if lines
11 through 17 do not apply. Enter a description
of the issue in the space provided.
Line 19. If the obligations are short-term tax
anticipation notes or warrants (TANs) or
short-term revenue anticipation notes or
warrants (RANs), check the first box on this
line. If the obligations are short-term bond
anticipation notes (BANs), issued with the
expectation that they will be refunded with the
proceeds of long-term bonds at some future
date, check the second box on this line.
Line 20. Check this box if property other than
cash is exchanged for the obligation, e.g.,
acquiring a police car, a fire truck, or telephone
equipment through a series of monthly
payments. (This type of obligation is sometimes
referred to as a “municipal lease.”) Also check
this box if real property is directly acquired in
exchange for an obligation to make periodic
payments of interest and principal. Do not
check this box if the proceeds of the obligation
are received in the form of cash, even if the
term “lease” is used in the title of the issue.

Part III—Description of Obligations
Line 21
For column (b), see Issue price under
Definitions on page 1.
For column (c), the stated redemption price
at maturity of the entire issue is the sum of the
stated redemption prices at maturity of each

Page 2

bond issued as part of the issue. For a lease
or installment sale, write “N/A” in column (c).
For column (d), the weighted average
maturity is the sum of the products of the issue
price of each maturity and the number of years
to maturity (determined separately for each
maturity and by taking into account mandatory
redemptions), divided by the issue price of the
entire issue (from line 21, column (b)). For a
lease or installment sale, enter instead the total
number of years the lease or installment sale
will be outstanding.
For column (e), the yield, as defined in
section 148(h), is the discount rate that, when
used to compute the present value of all
payments of principal and interest to be paid
on the obligation, produces an amount equal
to the purchase price, including accrued
interest. See Regulations section 1.148-4 for
specific rules to compute the yield on an issue.
If the issue is a variable rate issue, write “VR”
as the yield of the issue. For other than variable
rate issues, carry the yield out to four decimal
places (e.g., 5.3125%). If the issue is a lease
or installment sale, enter the effective rate of
interest being paid.

Part IV—Uses of Proceeds of Bond
Issue
For a lease or installment sale, write “N/A” in
the space to the right of the title for Part IV.
Line 22. Enter the amount of proceeds that
will be used to pay interest from the date the
bonds are dated to the date of issue.
Line 24. Enter the amount of the proceeds that
will be used to pay bond issuance costs,
including fees for trustees and bond counsel.
Line 25. Enter the amount of the proceeds that
will be used to pay fees for credit enhancement
that are taken into account in determining the
yield on the issue for purposes of section
148(h) (e.g., bond insurance premiums and
certain fees for letters of credit).
Line 27. Enter the amount of the proceeds that
will be used to pay principal, interest, or call
premium on any other issue of bonds within 90
days of the date of issue.
Line 28. Enter the amount of the proceeds that
will be used to pay principal, interest, or call
premium on any other issue of bonds after 90
days of the date of issue, including proceeds
that will be used to fund an escrow account for
this purpose.

Part V—Description of Refunded
Bonds
Complete this part only if the bonds are to be
used to refund a prior issue of tax-exempt
bonds. For a lease or installment sale, write
“N/A” in the space to the right of the title for
Part V.
Lines 31 and 32. The remaining weighted
average maturity is determined without regard
to the refunding. The weighted average
maturity is determined in the same manner as
on line 21, column (d).

Line 34. If more than a single issue of bonds
will be refunded, enter the date of issue of each
issue.

Part VI—Miscellaneous
Line 36. If any portion of the gross proceeds
of the issue are or will be invested in a
guaranteed investment contract, as defined in
Regulations section 1.148-1(b), enter the
amount of the gross proceeds so invested, as
well as the final maturity date of the guaranteed
investment contract.
Line 37a. Enter the amount of this issue used
to fund a loan to another governmental unit, the
interest of which is tax-exempt.
Line 39. Check this box if the issue is a
construction issue and an irrevocable election
to pay a penalty in lieu of arbitrage rebate has
been made on or before the date the bonds
were issued. The penalty is payable with a
Form 8038-T for each 6-month period after the
date the bonds are issued. Do not make any
payment of penalty in lieu of arbitrage rebate
with this form. See Rev. Proc. 92-22, 1992-1
C.B. 736 for rules regarding the “election
document.”
Line 40. Check this box if the issuer identified
a hedge on its books and records in
accordance with Regulations sections
1.148-4(h)(2)(viii) and 1.148-4(h)(5). These
regulations permit an issuer of tax-exempt
bonds to identify a hedge for it to be included
in yield calculations for computing arbitrage.

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Generally, tax returns and return information
are confidential, as required by section 6103.
The time needed to complete and file this
form varies depending on individual
circumstances. The estimated average time is:
Learning about the law or the form . 2 hr., 41 min.
Preparing, copying, assembling,
and sending the form to the IRS ...... 3 hr., 3 min.

If you have comments concerning the
accuracy of these time estimates or
suggestions for making this form simpler, we
would be happy to hear from you. You can
write to the Tax Forms Committee, Western
Area Distribution Center, Rancho Cordova, CA
95743-0001. Do not send the form to this
office. Instead, see Where To File on page 1.