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A Reshuffling of the 8038 Deck

The IRS recently released a new Form 8038-G, which is the information return for issues of tax-exempt governmental bonds, and a new Form 8038, which is the information return for tax-exempt private activity bonds.  In addition, the IRS has released draft instructions for each form.  The revised forms are in part a response to changes … Continue Reading

Advisory Committee Recommends Electronic 8038 Filing, More Targeted Enforcement to IRS

The Advisory Committee on Tax-Exempt and Government Entities provided its annual set of recommendations to the IRS recently. Among other things, the panel recommended that the IRS implement electronic filing of Form 8038s and decrease the frequency of random audits, shifting instead to more targeted audits of tax-advantaged bond issues.… Continue Reading

New Reporting Rules Subject OID on Tax-Exempt Bonds to Information Reporting

Generally, a person that pays interest on a debt to another person must report the amount of interest, usually on IRS Form 1099-INT. In the past, payments of tax-exempt interest did not have to be reported in this way; however, beginning in 2006, the statutory exclusion from information reporting for interest on tax-exempt obligations was … Continue Reading

Undivided Portion and Qualified Equity

Over the past few weeks, we have written multiple posts (see here, here, and here) on the recently promulgated Final Treasury Regulations governing, among other things, allocating proceeds of tax-exempt bonds and other sources to projects that  involve both qualified and private uses. As we’ve described before, the new Regulations allow issuers and 501(c)(3) borrowers … Continue Reading

Another Year of (Slightly Less) Pain for Direct Pay Bonds

  Noted public finance tax lawyer Clubber Lang remains correct in his prediction about Direct-Pay bonds. For those issuers that haven’t yet redeemed their direct-pay bonds with tax-exempt bonds, sequestration cuts to interest subsidies for direct pay bonds will continue for federal fiscal year 2016 (October 1, 2015 through September 30, 2016), according to a report that the … Continue Reading

When Harry Met SALY’s Schedule K

Dear Gnomes are People Too, Hello, my name is Harry and this letter is in response to your request, in light of the trenchant analysis previously rendered on Schedule K (link to trenchant analysis), that I review the most recent draft of your Schedule K prior to filing your tax return with the Internal Revenue … Continue Reading

The “K” is for “Headache”

Abandon all hopeTo state the obvious, everything on a form that you file with the IRS should be factually accurate. Above and beyond the fact that a 501(c)(3) organization must sign Form 990 (including Schedule K) under penalty of perjury, even innocent mistakes can needlessly raise the risk of an IRS audit.  We know that the IRS … Continue Reading
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