Supporting Statement Notice 2008-79

Supporting Statement Notice 2008-79.doc

Notice 2008-79, Tax-exempt Housing Bonds and 2008 Housing Legislation

OMB: 1545-2119

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SUPPORTING STATEMENT NOTICE 2008-79




  1. CIRCUMSTANCES NECESSITATING COLLECTION OF INFORMATION


This Notice provides guidance regarding certain provisions affecting tax-exempt bonds and related matters under the Housing Assistance Tax Act of 2008, Division C of Pub. L. No. 110-289, enacted on July 30, 2008 (“2008 Housing Act”). Section 3021 of the 2008 Housing Act amends §§ 143 and 146 of the Internal Revenue Code (“Code”) to provide a temporary $11 billion increase in the annual private activity bond volume cap under § 146 for qualified housing issues and to allow the use of qualified mortgage bonds to refinance certain subprime mortgage loans. (Except as otherwise provided, section references in this Notice are to the Code.) This Notice provides guidance on allocations, carryforwards, information reporting, and uses of this additional bond volume cap. In addition, § 3005 of the 2008 Housing Act amends § 142(d)(2) of the Code to disregard basic housing allowance payments to military members at certain military bases for purposes of applicable low-income set-aside income limitations under § 42 and § 142. This Notice provides information on affected military bases. Section 3023 of the 2008 Housing Act provides temporary authority to Federal Home Loan Banks to guarantee certain tax-exempt bonds. This Notice provides guidance on tax-exempt bonds eligible for such guarantees.



  1. USE OF DATA


The information that is collected will be used to provide an estimate of whether and to what extent issuers of tax-exempt bonds issue bonds pursuant to the new volume cap provided in the 2008 Housing Act, carry forward unused volume cap provided at the end of calendar year 2008 and utilize tax-exempt mortgage revenue bond proceeds to refinance qualified subprime mortgage loans.

  1. USE OF IMPROVED INFORMATION TECHNOLOGY TO REDUCE BURDEN


There are no plans to provide electronic filing because electronic filing is not appropriate for the collection of information in this submission.


  1. EFFORTS TO IDENTIFY DUPLICATION


We have attempted to eliminate duplication within the agency wherever possible.


  1. METHODS TO MINIMIZE BURDEN ON SMALL BUSINESSES OR OTHER SMALL ENTITIES


Not applicable.


  1. CONSEQUENCES OF LESS FREQUENT COLLECTION ON FEDERAL PROGRAMS OR POLICY ACTIVITIES


Not applicable.


  1. SPECIAL CIRCUMSTANCES REQUIRING DATA COLLECTION TO BE INCONSISTENT WITH GUIDELINES IN 5 CFR 1320.5(d)(2)


Not applicable.


  1. CONSULTATION WITH INDIVIDUALS OUTSIDE OF THE AGENCY ON AVAILABILITY OF DATA, FREQUENCY OF COLLECTION, CLARITY OF INSTRUCTIONS AND FORMS, AND DATA ELEMENTS


We received no comments during the comment period in response to the Federal Register notice dated March 21, 2012 (77 FR 16587).


  1. EXPLANATION OF DECISION TO PROVIDE ANY PAYMENT OR GIFT TO RESPONDENTS


Not applicable.


  1. ASSURANCE OF CONFIDENTIALITY OF RESPONSES


Generally, tax returns and tax return information are confidential as required by 26 USC 6103.


  1. JUSTIFICATION OF SENSITIVE QUESTIONS


Not applicable.


  1. ESTIMATED BURDEN OF INFORMATION COLLECTION


We estimate the total number of respondents to be 100 and the total annual responses to be 150.


We estimate it will take two hours to comply.


Estimates of the annualized cost to respondents for the hour burdens shown are not available at this time.

  1. ESTIMATED TOTAL ANNUAL COST BURDEN TO RESPONDENTS


As suggested by OMB, our Federal Register notice dated March 21,2012 (77 FR 16587), requested public comments on estimates of cost burden that are not captured in the estimates of burden hours, i.e., estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. However, we did not receive any response from taxpayer on this subject. As a result, estimates of the cost burdens are not available at this time.


  1. ESTIMATED ANNUALIZED COST TO THE FEDERAL GOVERNMENT


Not applicable.


  1. REASONS FOR CHANGE IN BURDEN


There is no change to the paperwork burden previously reported to OMB.

We are making this submission to renew the OMB approval.


  1. PLANS FOR TABULATION, STATISTICAL ANALYSIS AND PUBLICATION


Not applicable.


  1. REASONS WHY DISPLAYING THE OMB EXPIRATION DATE IS INAPPROPRIATE


We believe that displaying the OMB expiration date is inappropriate because it could cause confusion by leading taxpayers to believe that the regulations sunset as of the expiration date. Taxpayers are not likely to be aware that the Service intends to request renewal of the OMB approval and obtain a new expiration date before the old one expires.


  1. EXCEPTIONS TO THE CERTIFICATION STATEMENT ON OMB FORM 83-I


Not applicable.


Note: The following paragraph applies to all of the collections of information in this submission:


An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.




File Typeapplication/msword
AuthorJ11FB
Last Modified ByJNMNB
File Modified2012-07-20
File Created2009-03-11

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