Form 8038-TC Information Return for Tax Credit Bonds

Form

8038-TC

(Rev. November 2012)
Department of the Treasury
Internal Revenue Service

Part I

Information Return for Tax Credit Bonds
and Specified Tax Credit Bonds
▶

OMB No. 1545-2160

Under Internal Revenue Code section 149(e)
▶ See separate instructions.

Reporting Authority

Check if Amended Return ▶

1

Issuer’s name

2 Issuer’s employer identification number (EIN)

3

Name of person (other than the issuer) with whom the IRS may communicate about this return (see instructions)

4 Report number (For IRS Use Only)

5

Number and street (or P.O. Box if mail is not delivered to street address)

6

City, town, or post office, state, and ZIP code

7 Date of issue (MM/DD/YYYY)

8

Name of issue

9 CUSIP number

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10

Name and title of officer of issuer whom the IRS may call for more information (see instructions)

Part II
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Description of Obligations
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Enter the frequency rates are reset 8b ▶

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years
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Amount
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Description of Use of Proceeds for Qualified Purpose Expenditures

Loans to qualified borrower(s) . . . . . . . . . . . . . . . . . . . . . .
If a written loan commitment was obtained prior to issue date, check box ▶
Name of borrower ▶
(Attach list if more than one)
EIN of borrower ▶
Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Buildings and structures . . . . . . . . . . . . . . . . . . . . . . . .
Furniture or equipment with recovery period of more than 5 years . . . . . . . . . .
Furniture or equipment with recovery period of 5 years or less . . . . . . . . . . .
Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Demonstration projects . . . . . . . . . . . . . . . . . . . . . . . .
Public education campaigns . . . . . . . . . . . . . . . . . . . . . .
Repairs or other rehabilitation expenditures
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For Paperwork Reduction Act Notice, see separate instructions.

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Proceeds of Issue (Including underwriters' discount)

Sale Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceeds used for bond issuance cost (including underwriters' discount) . . . . . . . .
Estimated investment proceeds . . . . . . . . . . . . . . . . . . . . .
Expected available project proceeds (Subtract line 2 from line 1 and add line 3) (see instructions)
(For IRS Use Only) . . . . . . . . . . . . . . . . . . . . . . . . . .
Other (describe) ▶
Total proceeds (Add lines 4 through 6) . . . . . . . . . . . . . . . . . . .

Part V
1a
b
c
d
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Type of Issue

Issue price . . . . . . . . . . . . .
Stated redemption price at maturity . . . . .
Final maturity date (enter date MM/DD/YYYY) ▶
Applicable credit rate . . . . . . . . . .
Maximum term . . . . . . . . . . . .
Permitted Sinking Fund Yield . . . . . . .
Enter the interest rate on the bonds . . . . .
If the issue is a variable rate issue, check box 8a ▶

Part IV
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11 Telephone number of officer or other person

Tax Credit Bond Code (See instructions, enter three digit code for the type of issue) . . . . .
Description:
Has the issuer made an irrevocable election to apply section 6431(f)?
Yes
No
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/
Enter the first interest payment date (MM/DD/YYYY) ▶
Interest payment date frequency (Check box; see instructions and attach debt service schedule):
annual,
semi-annual,
quarterly,
monthly, or
other
If line 5e above is checked, please describe the payment frequency:

Part III

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Cat. No. 53394V

Amount
1a

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9
Form 8038-TC (Rev. 11-2012)

Page 2

Form 8038-TC (Rev. 11-2012)

Description of Use of Proceeds for Qualified Purpose Expenditures (Continued)
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Developing course materials and/or staff training expenditures .
Pay principal, interest, or premiums on qualified bonds . . . .
Refinance a qualified indebtedness . . . . . . . . . .
Other (describe) ▶
Total qualified purpose expenditures (Sum of lines 1a through 13)

15

Percentage of total proceeds to be used for qualified purpose expenditures (Divide line
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14 in Part V by line 7 in Part IV, multiply result by 100) . . . . . . . . . . . .
If some portion of proceeds was used to reimburse issuer for amounts paid for a qualified
purpose, enter the amount of reimbursement . . . . . . . . . . . . . . . . .
If some portion of proceeds was to reimburse issuer for amounts paid for a qualified purpose,
enter the date the official intent was adopted (MM/DD/YYYY) ▶
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1 a Volume cap allocation amount . . . . . . . . . . . . . .
Year of Allocation . . . . .
Amount of Carryforward .
b National, check box . . . . . . . ▶
Local, check box
c State, check box . . . . . . . . . . . . . . . . . .
d Tribal, check box . . . . . . . . . . . . . . . . . .
2
If box 1c is checked, enter State abbreviation . . . . . . . . .

Part VII

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Allocation of National, State, Tribal, or Local Bond Limitation Amount
(Enter source and amount of allocation and attach copy of certificate)

Part VI

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Amount
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Miscellaneous

Arbitrage questions:
a If there is a reserve or sinking fund that is expected to repay the issue at maturity, check box . . . . . . . . . ▶
b If 1a is checked and the reserve or sinking fund is funded in equal periodic installments, check box . . . . . . . ▶
c If either the funding of the reserve or sinking fund is expected to result in an amount greater than the amount necessary
to repay the issue; or, if the yield on such fund is greater than the permitted sinking fund yield from line 6, Part III, check
box . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ▶

d If the issuer established written procedures to monitor the requirements of section 148 with respect to these bonds,
check box
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2
If all federal, state, and local requirements governing conflicts of interest are satisfied with respect to this issue, check box . . ▶
3
If the entitlements to credits with respect to this bond issue are expected to be stripped, check box . . . . . . . ▶
4
If the issuer established written procedures to ensure that all nonqualified bonds at the end of the applicable period are
redeemed within 90 days, check box . . . . . . . . . . . . . . . . . . . . . . . . . . . . ▶
5

Other: .

Signature
and
Consent

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Signature of issuer's authorized representative

Print/Type preparer’s name

Date

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Part VIII

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Under penalties of perjury, I declare that I have examined this return, and accompanying schedules and statements, and to the best of my knowledge and
belief, they are true, correct, and complete. I further declare that I consent to the IRS's disclosure of the issuer's return information, as necessary to process
this return, to the person(s) that I have authorized above.

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Paid
Preparer
Use Only

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Type or print name and title

Preparer's signature

Date

Check
if
self-employed

Firm’s name

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Firm's EIN

Firm's address

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Phone no.

Consent to Disclosure of Certain Information From This Return

PTIN

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Does the issuer give the IRS consent to publish, through a website or in a publication, its name and address, employer
identification number, name and description of bond issue, date of issuance, CUSIP number, issue price, final maturity date, stated
redemption price at maturity, applicable credit rate, and maximum term, to assist in the proper reporting of interest, tax credits, or
other benefits under IRC section 6049 and Regulations thereunder . . . . . . . . . . . . . ▶
Yes
No

Under penalties of perjury, I declare that I am an officer of the above named issuer and that I am authorized to give consent on behalf of the above named issuer for the IRS
to publish the items of information described in line 1 of Part VIII of this form to assist in the reporting obligations under IRC section 6049.

Signature

Date

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▲

Sign
Here

Type or print name and title
Form 8038-TC (Rev. 11-2012)

Page 3

Form 8038-TC (Rev. 11-2012)
Issuer's name:

Issuer's employer identification number (EIN):

Schedule A
Part I
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2
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6
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8
9

Schedule for New Clean Renewable Energy Bonds (New CREBs)
▶

Under Internal Revenue Code sections 54A and 54C
▶ See separate instructions

102

Issuer Questions

Yes

Is the issuer a public power provider? . . . . . . . . . . . . . . . . . . . .
Is the issuer a cooperative electric company? . . . . . . . . . . . . . . . . . .
Is the issuer a governmental body? . . . . . . . . . . . . . . . . . . . . .
Is the issuer a clean renewable energy bond lender? . . . . . . . . . . . . . . . .
Is the issuer a not-for-profit electric utility which has received a loan/loan guarantee under the Rural
Electrification Act? . . . . . . . . . . . . . . . . . . . . . . . . . . .
Have proceeds been used to acquire existing facilities? (see instructions) . . . . . . . . .
Have proceeds been used to refinance existing facilities? (see instructions) . . . . . . . .
Is the issue date of the issue on or before the date that is 3 years after the volume cap allocation
date? (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . .
Has the issuer designated these bonds as new CREBs for purposes of section 54C? . . . . .

Part II
1

(For IRS Use Only) .

Part III

Tax Credit Bond Code

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No

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Amount
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List of Qualified Renewable Energy Facilities

List the type of qualified renewable energy facilities (see instructions) to be financed by the bonds, the location, the owner of such
facility, the owner's EIN, and the amount of available project proceeds to be used for that facility. (If more than one, attach statement)
Type of Facility:
Location of Facility:
Owner's Name:
Owner's EIN:
Amount of Available Project Proceeds $:

Schedule B
Part I
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2
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5
6

Tax Credit Bond Code

Under Internal Revenue Code sections 54A and 54D
▶ See separate instructions

103

Issuer and Project Questions

(For IRS Use Only) .

Part III
1

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Yes

Has the issuer designated these bonds as QECBs for purposes of section 54D? . . . . . .
Has the allocation been reallocated from a large local government to a State? . . . . . . .
Is the issuer a large local government? . . . . . . . . . . . . . . . . . . . .
Is the issuer an Indian tribal government? . . . . . . . . . . . . . . . . . . .
Are all proceeds to be used within the jurisdiction of the issuer? . . . . . . . . . . . .
If the issuer issued the bonds based on a volume cap allocation received by another authorized
entity that allocated volume cap to the issue, check “Yes.” If not, check “No.” Provide the name of
such authorized entity. Attach statement if more than one entity's volume cap is used. (see
instructions)

Part II
1

Schedule for Qualified Energy Conservation Bonds (QECBs)

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No

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Amount
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List of Conservation Purposes, Location of the Facilities, Amount of Proceeds Used for the Purpose,
Private Activity User, and Private User's EIN

List the type of qualified conservation purpose described under section 54D(f) financed with the proceeds of the bonds, the
location of the facility financed with the proceeds of the bond, and the amount of available project proceeds to be used for the
qualified conservation purpose. If the bonds are private activity bonds, provide the name and EIN of all private users. (If the
issuer is issuing bonds for more than one purpose or facility, attach statement)
Type of qualified conservation purpose:
Location of facility financed with bond proceeds:
Amount of proceeds to be used for this purpose $:
Are the bonds private activity bonds? . . . . . . . . . . . . . . . . . . . . . . . ▶
Yes
No
If “Yes,” provide the name and EIN of each private user
Form 8038-TC (Rev. 11-2012)

Page 4

Form 8038-TC (Rev. 11-2012)
Issuer's name:

Issuer's employer identification number (EIN):

Schedule C
Part I
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2
3

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5
6
7
8
9
10

Tax Credit Bond Code

Schedule for Qualified Zone Academy Bonds (QZABs)
▶

Under Internal Revenue Code sections 54A and 54E
▶ See separate instructions

104

Academy and Issuer Information

Yes

Was the school located in an empowerment zone at the time the bonds were issued?. . . . .
Was the school located in an enterprise community at the time the bonds were issued? . . . .
Is it expected that at least 35% of students attending the school or program will be eligible for free
or reduced-cost lunches under the school lunch program established by the National School Lunch
Act? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Was the comprehensive educational plan of the school or program approved by the eligible local
education agency? . . . . . . . . . . . . . . . . . . . . . . . . . . .
Is a carryover of unused limitation being used for this issue? If “Yes,” enter the year in which the
limitation arose. (see instructions) ▶
Are the bonds issued by a state or local government within the jurisdiction of which the academy is
located? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Does the issuer have written commitments from private business entities to make qualified private
business contributions having a present value of not less than 10% of the proceeds of this issue?
Was the bond issuance approved in writing by the eligible local education agency? . . .
Have these bonds been designated by the issuer as QZABs for purposes of section 54E? .
Enter the name of the eligible local education agency:

Part II

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Description of the Private Business Contribution
(Enter the value of the amount of contribution in each type)

No

1
2

Amount
1
2
3
4
5

Equipment . . . . . . . . . . . . .
Technical assistance . . . . . . . . . .
Services of donor's employees as volunteers . .
Opportunities for students outside of the academy
Other:

Part III
1a
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5a
b

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Private Business Contributor Information (Attach a statement if more than five donors)

Enter the name of the first donor:
Enter the EIN of the first donor:
Enter the name of the second donor:
Enter the EIN of the second donor:
Enter the name of the third donor:
Enter the EIN of the third donor:
Enter the name of the fourth donor:
Enter the EIN of the fourth donor:
Enter the name of the fifth donor:
Enter the EIN of the fifth donor:
Form 8038-TC (Rev. 11-2012)

Page 5

Form 8038-TC (Rev. 11-2012)
Issuer's name:

Issuer's employer identification number (EIN):

Schedule D
Part I
1
2
3
4
5
6
7

▶

105

Use of Proceeds

(For IRS Use Only) .

Part III

Tax Credit Bond Code

Under Internal Revenue Code sections 54A and 54F
▶ See separate instructions

Yes

Are the proceeds to be used for an Indian school? (see instructions) . . . . . . . . . .
Are all proceeds to be used within the jurisdiction of the issuer? . . . . . . . . . . . .
Have these bonds been designated as QSCBs by the issuer for purposes of section 54F? . . .
Are the proceeds of the issue to be spent on costs of acquisition of furniture or equipment? If the
answer is “No,” skip line 5 . . . . . . . . . . . . . . . . . . . . . . . .
Is such furniture or equipment to be used in portions of the public school facility being constructed,
rehabilitated, or repaired with the proceeds of the issue? . . . . . . . . . . . . . .
Are the proceeds of the issue to be spent on the costs of land acquisition? If the answer is “No,”
skip line 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Are proceeds of the issue also to be spent on the costs of construction of a public school facility on
such land? . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II
1

Schedule for Qualified School Construction Bonds (QSCBs)

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No

1
2
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4
5
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Amount
1

Issuer Information (Does not apply to issuers that are Indian tribal governments.)

1

If the issuer of the bonds is not the local educational agency in the jurisdiction of which the public school facility is located,
please provide the name of such local educational agency. Attach statement if more than one. (see instructions)

2

If the issuer issued the bonds based on a volume cap allocation received by another authorized entity (that allocated volume
cap to the issue), provide the name of such authorized entity. Attach statement if more than one entity's volume cap is used.
(see instructions)

Form 8038-TC (Rev. 11-2012)