Enlarge image | Information Return for Small Tax-Exempt Form 8038-GC (Rev. January 2012) Governmental Bond Issues, Leases, and Installment Sales OMB No. 1545-0720 ▶ Department of the Treasury Under Internal Revenue Code section 149(e) Internal Revenue Service Caution: If the issue price of the issue is $100,000 or more, use Form 8038-G. Part I Reporting Authority Check box if Amended Return ▶ 1 Issuer’s name 2 Issuer’s employer identification number (EIN) 3 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 4 City, town, or post office, state, and ZIP code 5 Report number (For IRS Use Only) 6 Name and title of officer or other employee of issuer or designated contact person whom the IRS may call for more information 7 Telephone number of officer or legal representative Part II Description of Obligations Check one: a single issue or a consolidated return . 8a Issue price of obligation(s) (see instructions) . . . . . . . . . . . . . . . . . . 8a b Issue date (single issue) or calendar date (consolidated). Enter date in mm/dd/yyyy format (for example, 01/01/2009) (see instructions) ▶ 9 Amount of the reported obligation(s) on line 8a that is: a For leases for vehicles . . . . . . . . . . . . . . . . . . . . . . . . . 9a b For leases for office equipment . . . . . . . . . . . . . . . . . . . . . . . 9b c For leases for real property . . . . . . . . . . . . . . . . . . . . . . . . 9c d For leases for other (see instructions) . . . . . . . . . . . . . . . . . . . . . 9d e For bank loans for vehicles . . . . . . . . . . . . . . . . . . . . . . . . 9e f For bank loans for office equipment . . . . . . . . . . . . . . . . . . . . . 9f g For bank loans for real property. . . . . . . . . . . . . . . . . . . . . . . 9g h For bank loans for other (see instructions) . . . . . . . . . . . . . . . . . . . 9h i Used to refund prior issue(s) . . . . . . . . . . . . . . . . . . . . . . . 9i j Representing a loan from the proceeds of another tax-exempt obligation (for example, bond bank) . . 9j k Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9k 10 If the issuer has designated any issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check this box . . . . ▶ 11 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check this box (see instructions) . . . . . . . ▶ 12 Vendor’s or bank’s name: 13 Vendor’s or bank’s employer identification number: 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) Signature that I have authorized above. and ▲ ▲ Consent Signature of issuer’s authorized representative Date Type or print name and title Print/Type preparer’s name Preparer's signature Date PTIN Paid Check if self-employed Preparer Use Only Firm’s name ▶ Firm's EIN ▶ Firm's address ▶ Phone no. General Instructions Who Must File pay a penalty in lieu of arbitrage rebate (see Section references are to the Internal Revenue Issuers of tax-exempt governmental the line 11 instructions). Code unless otherwise noted. obligations with issue prices of less than Filing a consolidated return for multiple $100,000 must file Form 8038-GC. issues. For all tax-exempt governmental What's New Issuers of a tax-exempt governmental obligations with issue prices of less than The IRS has created a page on IRS.gov for obligation with an issue price of $100,000 or $100,000 that are not reported on a separate information about the Form 8038 series and more must file Form 8038-G, Information Form 8038-GC, an issuer must file a its instructions, at www.irs.gov/form8038. Return for Tax-Exempt Governmental consolidated information return including all Information about any future developments Obligations. such issues issued within the calendar year. affecting the Form 8038 series (such as Filing a separate return for a single issue. Thus, an issuer may file a separate Form legislation enacted after we release it) will be Issuers have the option to file a separate 8038-GC for each of a number of small issues posted on that page. Form 8038-GC for any tax-exempt and report the remainder of small issues Purpose of Form governmental obligation with an issue price issued during the calendar year on one of less than $100,000. consolidated Form 8038-GC. However, if the Form 8038-GC is used by the issuers of tax- issue is a construction issue, a separate Form exempt governmental obligations to provide An issuer of a tax-exempt bond used to 8038-GC must be filed to give the IRS notice the IRS with the information required by finance construction expenditures must file a of the election to pay a penalty in lieu of section 149(e) and to monitor the separate Form 8038-GC for each issue to give arbitrage rebate. requirements of sections 141 through 150. notice to the IRS that an election was made to Cat. No. 64108B Form 8038-GC (Rev. 1-2012) |
Enlarge image | Form 8038-GC (Rev. 1-2012) Page 2 When To File multiple tax-exempt governmental obligations 1. At least 75% of the available construction if the form is used for consolidated reporting. proceeds of the issue are to be used for To file a separate return for a single issue, file construction expenditures with respect to Form 8038-GC on or before the 15th day of Tax-exempt obligation. This is any obligation the second calendar month after the close of including a bond, installment purchase property to be owned by a governmental unit the calendar quarter in which the issue is agreement, or financial lease, on which the or a 501(c)(3) organization, and issued. interest is excluded from income under 2. All of the bonds that are part of the issue section 103. are qualified 501(c)(3) bonds, bonds that are To file a consolidated return for multiple not private activity bonds, or private activity issues, file Form 8038-GC on or before Tax-exempt governmental obligation. A February 15th of the calendar year following tax-exempt obligation that is not a private bonds issued to finance property to be owned the year in which the issue is issued. activity bond (see below) is a tax-exempt by a governmental unit or a 501(c)(3) governmental obligation. This includes a bond organization. Late filing. An issuer may be granted an issued by a qualified volunteer fire department In lieu of rebating any arbitrage that may be extension of time to file Form 8038-GC under under section 150(e). owed to the United States, the issuer of a section 3 of Rev. Proc. 2002-48, 2002-37 I.R.B. 531, if it is determined that the failure to Private activity bond. This includes an construction issue may make an irrevocable file on time is not due to willful neglect. Type obligation issued as part of an issue in which: election to pay a penalty. The penalty is equal to 1-1/2% of the amount of construction or print at the top of the form, “Request for • More than 10% of the proceeds are to be proceeds that do not meet certain spending Relief under section 3 of Rev. Proc. 2002-48.” used for any private activity business use, and requirements. See section 148(f)(4)(C) and the Attach to the Form 8038-GC a letter briefly stating why the form was not submitted to the • More than 10% of the payment of principal Instructions for Form 8038-T. IRS on time. Also indicate whether the or interest of the issue is either (a) secured by obligation in question is under examination by an interest in property to be used for a private Specific Instructions the IRS. Do not submit copies of any bond business use (or payments for such property) In general, a Form 8038-GC must be documents, leases, or installment sale or (b) to be derived from payments for completed on the basis of available documents. See Where To File next. property (or borrowed money) used for a information and reasonable expectations as of private business use. the date of issue. However, forms that are Where To File It also includes a bond, the proceeds of filed on a consolidated basis may be which (a) are to be used to make or finance completed on the basis of information readily File Form 8038-GC, and any attachments, loans (other than loans described in section available to the issuer at the close of the with the Department of the Treasury, Internal 141(c)(2)) to persons other than governmental calendar year to which the form relates, Revenue Service Center, Ogden, UT 84201. units and (b) exceeds the lesser of 5% of the supplemented by estimates made in good Private delivery services. You can use proceeds or $5 million. faith. certain private delivery services designated by Issue. Generally, obligations are treated as Part I—Reporting Authority the IRS to meet the “timely mailing as timely part of the same issue only if they are issued filing/paying” rule for tax returns and by the same issuer, on the same date, and as Amended return. An issuer may file an payments. These private delivery services part of a single transaction, or a series of amended return to change or add to the include only the following: related transactions. However, obligations information reported on a previously filed • DHL Express (DHL): DHL Same Day Service. issued during the same calendar year (a) return for the same date of issue. If you are • Federal Express (FedEx): FedEx Priority under a loan agreement under which amounts filing to correct errors or change a previously Overnight, FedEx Standard Overnight, FedEx are to be advanced periodically (a “draw- filed return, check the “Amended Return” box 2Day, FedEx International Priority, and FedEx down loan”) or (b) with a term not exceeding in the heading of the form. International First. 270 days, may be treated as part of the same The amended return must provide all the issue if the obligations are equally and ratably information reported on the original return, in • United Parcel Service (UPS): UPS Next Day secured under a single indenture or loan addition to the new corrected information. Air, UPS Next Day Air Saver, UPS 2nd Day agreement and are issued under a common Attach an explanation of the reason for the Air, UPS 2nd Day Air A.M., UPS Worldwide financing arrangement (for example, under the amended return and write across the top Express Plus, and UPS Worldwide Express. same official statement periodically updated "Amended Return Explanation." The private delivery service can tell you to reflect changing factual circumstances). Line 1. The issuer’s name is the name of the how to get written proof of the mailing date. Also, for obligations issued under a draw- entity issuing the obligations, not the name of down loan that meets the requirements of the Other Forms That May Be preceding sentence, obligations issued during the entity receiving the benefit of the Required different calendar years may be treated as financing. In the case of a lease or installment part of the same issue if all of the amounts to sale, the issuer is the lessee or purchaser. For rebating arbitrage (or paying a penalty in be advanced under the draw-down loan are Line 2. An issuer that does not have an lieu of arbitrage rebate) to the Federal reasonably expected to be advanced within 3 employer identification number (EIN) should Government, use Form 8038-T, Arbitrage years of the date of issue of the first apply for one on Form SS-4, Application for Rebate, Yield Reduction and Penalty in Lieu obligation. Likewise, obligations (other than Employer Identification Number. You can get of Arbitrage Rebate. For private activity private activity bonds) issued under a single this form on the IRS website at IRS.gov or by bonds, use Form 8038, Information Return for agreement that is in the form of a lease or calling 1-800-TAX-FORM (1-800-829-3676). Tax-Exempt Private Activity Bond Issues. installment sale may be treated as part of the You may receive an EIN by telephone by For a tax-exempt governmental obligation same issue if all of the property covered by following the instructions for Form SS-4. with an issue price of $100,000 or more, use that agreement is reasonably expected to be Lines 3 and 4. Enter the issuer’s address or Form 8038-G. delivered within 3 years of the date of issue of the address of the designated contact person the first obligation. listed on line 6. If the issuer wishes to use its Rounding to Whole Dollars Arbitrage rebate. Generally, interest on a own address and the issuer receives its mail You may show the money items on this return state or local bond is not tax-exempt unless in care of a third party authorized as whole-dollar amounts. To do so, drop any the issuer of the bond rebates to the United representative (such as an accountant or amount less than 50 cents and increase any States arbitrage profits earned from investing attorney), enter on the street address line amount from 50 to 99 cents to the next higher proceeds of the bond in higher yielding “C/O” followed by the third party's name and dollar. nonpurpose investments. See section 148(f). street address or P.O. box. Include the suite, Construction issue. This is an issue of tax- room, or other unit number after the street Definitions exempt bonds that meets both of the address. If the post office does not deliver Obligations. This refers to a single tax- following conditions: mail to the street address and the issuer has a P.O. box, show the box number instead of the exempt governmental obligation if Form 8038-GC is used for separate reporting or to |
Enlarge image | Form 8038-GC (Rev. 1-2012) Page 3 street address. If a change in address occurs Lines 9i and 9j. For line 9i, enter the amount Paid Preparer after the return is filed, use Form 8822, of the proceeds that will be used to pay Change of Address, to notify the IRS of the principal, interest, or call premium on any If an authorized representative of the issuer new address. other issue of bonds, including proceeds that filled in its return, the paid preparer’s space will be used to fund an escrow account for should remain blank. Anyone who prepares Note. The address entered on lines 3 and 4 is this purpose. Several lines may apply to a the return but does not charge the the address the IRS will use for all written particular obligation. For example, report on organization should not sign the return. communications regarding the processing of lines 9i and 9j obligations used to refund prior Certain others who prepare the return should this return, including any notices. By issues which represent loans from the not sign. For example, a regular, full-time authorizing a person other than an authorized proceeds of another tax-exempt obligation. employee of the issuer, such as a clerk, secretary, etc., should not sign. officer or other employee of the issuer to Line 9k. Enter on line 9k the amount on line communicate with the IRS and whom the IRS 8a that does not represent an obligation Generally, anyone who is paid to prepare a may contact about this return, the issuer described on lines 9a through 9j. return must sign it and fill in the other blanks authorizes the IRS to communicate directly in the Paid Preparer Use Only area of the with the individual listed on line 6, whose Line 10. Check this box if the issuer has return. A paid preparer cannot use a social address is entered on lines 3 and 4 and designated any issue as a “small issuer security number in the Paid Preparer Use Only consents to disclose the issuer's return exception” under section 265(b)(3)(B)(i)(III). box. The paid preparer must use a preparer information to that individual, as necessary, to Line 11. Check this box if the issue is a tax identification number (PTIN). If the paid process this return. construction issue and an irrevocable election preparer is self-employed, the preparer Line 5. This line is for IRS use only. Do not to pay a penalty in lieu of arbitrage rebate has should enter his or her address in the box. make any entries in this box. been made on or before the date the bonds The paid preparer must: were issued. The penalty is payable with a • Sign the return in the space provided for the Part II—Description of Obligations Form 8038-T for each 6-month period after preparer’s signature, and the date the bonds are issued. Do not make Check the appropriate box designating this as any payment of penalty in lieu of rebate with • Give a copy of the return to the issuer. a return on a single issue basis or a Form 8038-GC. See Rev. Proc. 92-22, consolidated return basis. 1992-1 C.B. 736, for rules regarding the Paperwork Reduction Act Notice Line 8a. The issue price of obligations is “election document.” We ask for the information on this form to generally determined under Regulations Line 12. Enter the name of the vendor or bank carry out the Internal Revenue laws of the section 1.148-1(b). Thus, when issued for who is a party to the installment purchase United States. You are required to give us the cash, the issue price is the price at which a agreement, loan, or financial lease. If there information. We need it to ensure that you are substantial amount of the obligations are sold are multiple vendors or banks, the issuer complying with these laws. to the public. To determine the issue price of should attach a schedule. an obligation issued for property, see sections You are not required to provide the 1273 and 1274 and the related regulations. Line 13. Enter the employer identification information requested on a form that is number of the vendor or bank who is a party subject to the Paperwork Reduction Act Line 8b. For a single issue, enter the date of to the installment purchase agreement, loan, unless the form displays a valid OMB control issue (for example, 03/15/2010 for a single or financial lease. If there are multiple vendors number. Books or records relating to a form issue issued on March 15, 2010), generally or banks, the issuer should attach a schedule. or its instructions must be retained as long as the date on which the issuer physically their contents may become material in the exchanges the bonds that are part of the Signature and Consent administration of any Internal Revenue law. issue for the underwriter’s (or other purchaser’s) funds; for a lease or installment An authorized representative of the issuer Generally, tax returns and return information sale, enter the date interest starts to accrue. must sign Form 8038-GC and any applicable are confidential, as required by section 6103. For issues reported on a consolidated basis, certification. Also print the name and title of The time needed to complete and file this enter the first day of the calendar year during the person signing Form 8038-GC. The form will vary depending on individual which the obligations were issued (for authorized representative of the issuer signing circumstances. The estimated average time is: example, for calendar year 2010, enter this form must have the authority to consent 01/01/2010). to the disclosure of the issuer's return Learning about the information, as necessary to process this law or the form . . . . 4 hr., 46 min. Lines 9a through 9h. Complete this section if return, to the person(s) that has been Preparing the form . . . . 2 hr., 22 min. property other than cash is exchanged for the designated in this form. obligation, for example, acquiring a police car, Copying, assembling, and a fire truck, or telephone equipment through a Note. If the issuer authorizes in line 6 the IRS sending the form to the IRS . 2 hr., 34 min. series of monthly payments. (This type of to communicate with a person other than an obligation is sometimes referred to as a officer or other employee of the issuer, (such If you have comments concerning the “municipal lease.”) Also complete this section authorization shall include contact both in accuracy of these time estimates or if real property is directly acquired in writing regardless of the address entered in suggestions for making this form simpler, we exchange for an obligation to make periodic lines 3 and 4, and by telephone) by signing would be happy to hear from you. You can payments of interest and principal. this form, the issuer's authorized write to the Internal Revenue Service, Tax representative consents to the disclosure of Products Coordinating Committee, Do not complete lines 9a through 9d if the the issuer's return information, as necessary SE:W:CAR:MP:T:M:S, 1111 Constitution Ave. proceeds of an obligation are received in the to process this return, to such person. NW, IR-6526, Washington, DC 20224. Do not form of cash even if the term “lease” is used send the form to this address. Instead, see in the title of the issue. For lines 9a through Where To File. 9d, enter the amount on the appropriate line that represents a lease or installment purchase. For line 9d, enter the type of item that is leased. For lines 9e through 9h, enter the amount on the appropriate line that represents a bank loan. For line 9h, enter the type of bank loan. |