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Формуляр 1097-BTC Инструкции

Инструкции за формуляр 1097-BTC, данъчен кредит върху облигациите

Регламент за изпълнение (ЕС) No 540/2011

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Department of the Treasury  
Internal Revenue Service  
Instructions for Form  
1097-BTC  
(Rev. December 2019)  
Bond Tax Credit  
Section references are to the Internal Revenue Code unless  
otherwise noted.  
For tax credit bonds issued with two or more maturities,  
each maturity must be reported separately on the Form  
1097-BTC issued by the bond issuer or its agent.  
Future Developments  
Recipients of Form 1097-BTC from the bond issuer or  
agent, such as brokers, nominees, mutual funds, or  
partnerships, who are further distributing the credit must file  
only one Form 1097-BTC per recipient or account,  
aggregating credit from all applicable bonds.  
For the latest information about developments related to  
Form 1097-BTC and its instructions, such as legislation  
enacted after they were published, go to IRS.gov/  
Reminders  
Note. Issuers that elected to issue build America bonds  
(Direct Pay) under section 54AA(g) or specified tax credit  
bonds under section 6431(f) to receive a refundable credit  
under section 6431(a) in lieu of tax credits under section 54A  
should not file Form 1097-BTC.  
In addition to these specific instructions, you also should use  
the current General Instructions for Certain Information  
Returns. Those general instructions include information  
about the following topics.  
Who must file.  
When and where to file.  
Electronic reporting.  
Definitions  
Tax credit bond. Generally, a tax credit bond is an  
obligation issued under sections 54, 54A, 54AA, 1397E, or  
1400N(l) that entitles the taxpayer holding such bond on one  
or more credit allowance dates occurring during any tax year  
to a credit against the federal income tax imposed for that tax  
year.  
Corrected and voided returns.  
Statements to recipients.  
Taxpayer identification numbers (TINs).  
Backup withholding.  
Penalties.  
Other general topics.  
Public Law Number 115-97, 131 Stat. 2054 (2017),  
You can get the current general instructions from General  
repealed sections 54, 54A-F, and 54AA effective for  
!
CAUTION  
bonds issued after December 31, 2017.  
Qualified tax credit bond. Qualified tax credit bonds under  
section 54A include new clean renewable energy bonds  
under section 54C, qualified energy conservation bonds  
under section 54D, qualified zone academy bonds under  
section 54E, and qualified school construction bonds under  
section 54F.  
New clean renewable energy bond. An obligation issued  
before January 1, 2018, that is part of an issue, 100% of the  
available project proceeds of which are to be used for capital  
expenditures incurred by governmental bodies, public power  
providers, or cooperative electric companies for one or more  
qualified renewable energy facilities, as defined in section  
54C. The annual credit allowed is 70% of the annual credit  
amount determined by applying section 54A(b).  
Qualified energy conservation bond. An obligation issued  
before January 1, 2018, that is part of an issue, 100% of the  
available project proceeds of which are to be used for one or  
more qualified energy conservation purposes, as defined in  
section 54D. The annual credit allowed is 70% of the annual  
credit amount determined by applying section 54A(b).  
Qualified zone academy bond. An obligation issued  
before January 1, 2018, that is part of an issue, 100% of the  
available project proceeds of which are to be used for a  
qualified purpose with respect to a qualified zone academy  
established by an eligible local education agency, as  
provided in section 54E; or an obligation that is part of an  
issue, 95% or more of the proceeds of which are to be so  
Continuous-use form and instructions. Form 1097-BTC  
and these instructions have been converted from an annual  
revision to continuous use. Both the form and instructions will  
be updated as needed. For the most recent version, go to  
Online fillable forms. You may fill out the form, found  
online at IRS.gov/Form1097BTC, and send Copy B to the  
recipient. For filing with the IRS, follow the applicable  
procedures if you are required to file electronically, or, for  
this form only, if you are qualified to file on paper, send in  
the black-and-white copy A with Form 1096 that you print  
from the IRS website.  
Specific Instructions  
Issuers of certain tax credit bonds (or their agents) and  
recipients of Form 1097-BTC from the bond issuer or agent,  
such as mutual funds or partnerships, who are further  
distributing the credit must file Form 1097-BTC for each tax  
credit distributed from the following tax credit bonds.  
New clean renewable energy bonds.  
Qualified energy conservation bonds.  
Qualified zone academy bonds.  
Qualified school construction bonds.  
Clean renewable energy bonds.  
Build America bonds (Tax Credit).  
Filings of Form 1097-BTC with respect to a bond, by the  
issuer or the issuer's agent, must be made on a separate  
Form 1097-BTC for each bond.  
Oct 31, 2019  
Cat. No. 54657F  
 
used and issued before October 4, 2008, as provided in  
section 1397E.  
penalties for failure to file electronically, see part F in the  
current General Instructions for Certain Information Returns.  
Qualified school construction bond. An obligation issued  
before January 1, 2018, that is part of an issue, 100% of the  
available project proceeds of which are to be used for the  
construction, rehabilitation, or repair of a public school facility  
or for the acquisition of land on which such a facility is to be  
constructed with the proceeds, as provided in section 54F.  
Clean renewable energy bond. An obligation issued after  
December 31, 2005, and before January 1, 2010, that is part  
of an issue, 95% or more of the proceeds of which are used  
for capital expenditures incurred by qualified borrowers for  
one or more qualified projects, as defined in section 54.  
Statement to Recipient  
If required to file Form 1097-BTC, you must furnish a  
statement to the recipient quarterly for each credit amount  
indicated on or before the 15th day of the 2nd calendar  
month after the close of the calendar quarter in which the  
credit was allowed.  
Quarterly Furnishing Dates  
Reporting period:  
To recipient (on or before):  
May 15*  
1st Quarter: January–March  
2nd Quarter: April–June  
3rd Quarter: July–September  
Annual/4th Quarter: October–  
December  
Build America bond (Tax Credit). An obligation issued  
after February 17, 2009, and before January 1, 2011, issued  
by a state or local government (excluding private activity  
bonds under section 141) as defined in section 54AA(d).  
August 15*  
November 15*  
February 15*  
Who Must Receive Form 1097-BTC  
*Dates may change due to weekends or holidays.  
Each person who is allowed a tax credit as a holder, directly  
or indirectly, of a tax credit bond or a stripped credit coupon  
on one or more credit allowance dates during the calendar  
year in an amount of at least $10 must be issued Form  
1097-BTC.  
For the first 3 quarters, report to the recipient only the  
amounts for the months of the applicable quarter. Box 1  
should not be completed and box 6 is optional.  
You are not required to furnish a separate report solely for  
the 4th quarter because the 4th quarter amounts are reported  
with the annual filing. For the annual filing, report the credits  
for each month in boxes 5a–5l; report the total of those  
amounts in box 1; and complete the rest of the form as  
applicable. Furnish the annual filing to the recipient by  
February 15, of the subsequent year.  
If any amounts previously furnished for the first 3 quarters  
need to be corrected, report the correct amounts for the  
annual reporting and explain the correction to the recipient;  
no explanation is required for the IRS filing.  
For the report furnished to the recipient (quarterly or  
annual), you may use Copy B or your own substitute  
statement reporting all the same applicable information (the  
reporting for the first 3 quarters may be furnished  
electronically). See Pub. 1179 for specific rules about  
providing substitute statements to recipients.  
The IRS encourages Form 1097-BTC issuers to provide  
the credit information to the recipient monthly if applicable,  
and as soon after the end of the month in which a credit  
arises as possible.  
For more information about the requirement to furnish a  
statement to the recipient, see part M in the current General  
Instructions for Certain Information Returns.  
Bond issuer. If issuing the Form 1097-BTC as an issuer of  
the bond or its agent, box 2a of the form will always reflect  
code “C” and box 2b must reflect the CUSIP number for the  
bond or stripped coupon, unless a CUSIP number was not  
issued for the bond. See the instructions for boxes 2a and  
2b.  
Credit Allowance Dates  
The tax credit from tax credit bonds or stripped credit  
coupons is allowed on each credit allowance date for which  
the bond was outstanding or to which the stripped credit  
coupon corresponds. For qualified tax credit bonds and  
clean renewable energy bonds, the credit allowance dates  
are March 15, June 15, September 15, December 15, and  
the last day on which the bond is outstanding. For bonds  
issued during the 3-month period ending on a credit  
allowance date, the amount of the credit is determined  
ratably based on the portion of the 3-month period during  
which the bond is outstanding. The same ratable  
determination of credit applies when a bond is redeemed or  
matures. For build America bonds (Tax Credit), the credit  
allowance dates are the interest payment dates. For qualified  
zone academy bonds issued before October 4, 2008, the  
credit allowance date is the last day of the 1-year period  
beginning on the issue date of the bond and each  
anniversary of such day thereafter.  
The tax credit allowed to holders of any tax credit bonds or  
stripped credit coupons is treated as interest which is  
included in gross income and must be reported as interest  
income on a Form 1099-INT or Form 1099-OID, as  
applicable. For more information on reporting the tax credit  
treated as interest income paid from tax credit bonds, see the  
Instructions for Forms 1099-INT and 1099-OID.  
When To File  
For filing due dates, please refer to current General  
to Recipient, later, for furnishing statements to recipients.  
Form 1097-BTC Issuer's Name, Address, and  
Telephone Number  
Penalties for Failure To File  
There are penalties for failure to file correct information  
returns by the due date and for failure to furnish correct  
payee statements. See part O in the current General  
Instructions for Certain Information Returns for details.  
Failure to file Forms 1097-BTC also includes failure to file  
electronically, when required. For more information on  
Enter the name, street address, city or town, state or  
province, country, ZIP or foreign postal code, and telephone  
number of the entity issuing the Form 1097-BTC.  
Enter the entity's true name (as set forth in the legal  
documents creating it). Enter the address of the entity's  
-2-  
Instructions for Form 1097-BTC (Rev. 12-2019)  
 
principal office or place of business. Include the suite, room,  
or other unit number after the street address. If the post office  
does not deliver mail to the street address and the entity has  
a P.O. box, show the box number instead.  
Check, as applicable, whether you are the issuer of the  
bond (or its agent) filing the Form 1097-BTC for the bond, or  
are an entity or a person that received or should have  
received a Form 1097-BTC for credit(s) that was or should  
have been reported and that is distributing part or all of that  
credit to others.  
Note. Do not use the address of the registered agent for the  
state in which the entity is incorporated. For example, if a  
business is incorporated in Delaware or Nevada and the  
corporation's principal office is located in Little Rock, AR, the  
corporation should enter the Little Rock address.  
If the entity receives its mail in care of a third party (such  
as an accountant or an attorney), enter for the street address  
“C/O” followed by the third party's name and street address  
or P.O. box.  
Box 1. Total  
Enter the total amount of credits distributed to the recipient  
with respect to the amounts reported in boxes 5a–5l for the  
calendar year.  
This box should be only filled out when filing Copy A and  
when the annual statement (Copy B of the form) is sent to the  
recipient. See Statement to Recipient, earlier.  
Form 1097-BTC Issuer's TIN  
Box 2a. Code  
Enter the Form 1097-BTC issuer's TIN, such as an employer  
identification number (EIN). Do not truncate the Form  
1097-BTC issuer's TIN. An issuer that does not have an EIN  
should apply for one. See Form SS-4, Application for  
Employer Identification Number, and its separate  
instructions, available at IRS.gov. Applications can be  
submitted online, by phone, fax, or mail.  
Enter the unique identification number code. Enter “C” for  
CUSIP number, “A” for account number, and “O” if the unique  
identification number is not an account number or a CUSIP  
number, such as a self-provided identification number. If you  
checked the first box under Form 1097-BTC issuer, and a  
CUSIP number is assigned to the bond(s), enter “C.” If no  
CUSIP number is assigned to the bond(s), and you checked  
the first box under Form 1097-BTC issuer, use the account  
number as the unique identifier and enter “A” or “O” if you are  
using any other unique identifying number. See Box 2b.  
Truncating Recipient's TIN on Recipient  
Statements  
Pursuant to Regulations section 301.6109-4, all filers of this  
form may truncate a recipient's TIN (social security number  
(SSN), employer identification number (EIN), individual  
taxpayer identification number (ITIN), or adoption taxpayer  
identification number (ATIN)) on recipient statements.  
Truncation is not allowed on any documents the filer files with  
the IRS. A filer's TIN may not be truncated on any form. See  
part J in the current General Instructions for Certain  
Information Returns.  
Box 2b. Unique Identifier  
The unique identification number is assigned by the Form  
1097-BTC issuer and is limited to 39 alphanumeric  
characters. It can be the CUSIP number, account number, or  
any other unique identification number by which you track the  
bond transactions.  
For a bond issuer (or its agent) filing Form 1097-BTC for a  
bond, the unique identification number must start with the  
CUSIP number(s), if available, and may be expanded by the  
account number or any other self-provided number(s). If a  
CUSIP number was not issued for the bond, the bond issuer  
may use or devise its own unique identifier, preferably the  
account number or other reference number by which you  
track and account for the bond transaction. A recipient of a  
Form 1097-BTC that issues its own Form 1097-BTC to  
further distribute the credit may use or devise its own unique  
identifier using whatever means it deems best.  
Recipient's TIN  
Enter the TIN of the recipient of the distributed (or stripped)  
credit from the tax credit bond. Do not truncate the recipient's  
TIN on the form filed with the IRS. Truncation of the  
recipient's TIN is allowed on the statement to the recipient.  
See the current General Instructions for Certain Information  
Returns.  
Recipient's Name  
Enter the name of the recipient of the distributed (or stripped)  
credit from the tax credit bond. If not an individual, enter the  
entity's true name (as set forth in the legal documents  
creating it).  
Box 3. Bond Type  
Enter code “101” for clean renewable energy bonds issued  
under section 54. Enter code “199” for all other bonds.  
Recipient's Street Address (Including Apt. No.)  
Multiple bond types can be entered on one Form  
Enter the street address, city or town, state or province,  
country, and ZIP or foreign postal code of the recipient's  
principal residence, office, or place of business. Include the  
apartment, suite, room, or other unit number after the street  
address. If the post office does not deliver mail to the street  
address and the entity has a P.O. box, show the box number  
instead.  
1097-BTC, other than clean renewable energy  
TIP  
bonds. Credits from clean renewable energy bonds  
must be reported on a separate Form 1097-BTC.  
Box 4  
Reserved.  
Note. Do not use the address of the registered agent for the  
Boxes 5a–5l  
state in which the recipient is incorporated.  
Enter the amount of credit allowed for each month during the  
calendar year, calculated by using STEPS 1 and 2, following.  
If the recipient receives its mail in care of a third party  
(such as an accountant or an attorney), enter for the street  
address “C/O” followed by the third party's name and street  
address or P.O. box.  
STEP 1. For each recipient, multiply the outstanding face  
amount of the qualified tax credit bond, clean renewable  
energy bond, or qualified zone academy bond issued before  
-3-  
Instructions for Form 1097-BTC (Rev. 12-2019)  
   
October 4, 2008, by the applicable credit rate. The  
outstanding face amount of the bond is the face amount of  
the bond minus any principal that has been paid. The credit  
rate for the qualified tax credit bond, clean renewable energy  
bond, or qualified zone academy bond issued before  
October 4, 2008, is the rate published on the Treasury Direct  
website under “IRS Tax Credit Bond Rates” at  
amount determined in STEP 1 in box 5l and 100% (1.0) of the  
credit amount determined in STEP 1 in box 1.  
However, the 25% will be prorated for any credit  
allowance date if a clean renewable energy bond or qualified  
tax credit bond is issued, redeemed, or matures during the  
3-month period ending on a credit allowance date with  
respect to which you are reporting the credit. The percentage  
of credit allowed for that credit allowance date is prorated for  
the number of days the bond was outstanding during the  
3-month period.  
day on which there is a binding contract in writing for the sale  
or exchange of the bond.  
The credit rate for qualified zone academy bonds issued  
before July 1, 1999, is 110% (1.10) of the long-term  
applicable federal rate (AFR), compounded annually, for the  
month and year the bond is issued. The IRS announces the  
long-term AFR monthly in a series of revenue rulings  
published in the Internal Revenue Bulletin.  
For build America bonds (Tax Credit), multiply by 35%  
(0.35) the amount of interest payable with respect to the  
interest payment date for which you are filing Form  
1097-BTC or sending a statement to the credit recipient.  
Enter the credit amount so determined in boxes 5a–5l for the  
month in which the interest payment date occurred. Thus, if  
the interest payment dates for a build America bond are June  
30 and December 31, enter the credit amounts in boxes 5f  
and 5l.  
See Caution regarding the repeal of sections 54, 54A, and  
54AA, earlier.  
Example 2. A qualified zone academy bond that you  
issued matures on March 23, 2020. Since the bond was not  
outstanding for the entire 3-month period on June 15, 2020,  
the prorated portion of the 25% is figured by dividing (a) the  
number of days the bond was outstanding beginning on the  
day after the prior (March 15) credit allowance date and  
ending on March 23, 2020, by (b) the number of days  
included in the 3-month period beginning on the day after the  
prior (March 15) credit allowance date and ending on the  
next (June 15) credit allowance date. See Proration  
Calculation below.  
Proration Calculation  
For qualified zone academy bonds issued before October  
4, 2008, enter the amount so determined in the box 5 that  
corresponds to the credit allowance date. When filing the  
annual Form 1097-BTC with the IRS, enter the same amount  
in box 1.  
8 days (number of days from March  
16 through March 23)  
= 0.087 x 0.25 = 2% (0.02)  
92 days (number of days from  
March 16 through June 15)  
STEP 2. For qualified tax credit bonds or clean renewable  
energy bonds only, multiply the credit amount so determined  
in STEP 1 by 25% (0.25) for each credit allowance date you  
hold a qualified tax credit bond or clean renewable energy  
bond during your tax year. Enter the credit amount  
determined in STEP 2 in the box for the month in which the  
credit allowance date occurred.  
Example 1. You issued a qualified energy conservation  
bond on March 15, 2018. For the Form 1097-BTC statement  
for the March 15, 2020, credit allowance date, due to the  
recipient by May 15, 2020, you would enter 25% (0.25) of the  
amount computed in STEP 1 in 5c. For the Form 1097-BTC  
statement for the June 15, 2020, credit allowance date, due  
to the recipient by August 17, 2020, you would enter 25%  
(0.25) of the amount computed in STEP 1 in box 5f. For the  
Form 1097-BTC statement for the September 15, 2020,  
credit allowance date, due to the recipient by November 16,  
2020, you would enter 25% (0.25) of the amount computed in  
STEP 1 in 5i. For the annual Form 1097-BTC and December  
15, 2020, credit allowance date, due to the recipient by  
February 16, 2021, and to the IRS by March 1, 2021 (March  
31, 2021, if filed electronically), enter 25% (0.25) of the credit  
Thus, for the credit allowance date with respect to the  
3-month period in which the bond matures, you would  
multiply the credit amount determined in STEP 1 by the  
prorated percentage. In Example 2, for the 2nd quarter  
reporting period for 2020, due to the recipient by August 17,  
2021, you would enter the amount determined by multiplying  
2% (0.02) with the credit amount determined in STEP 1 in  
box 5f. You would carry the same percentage to the Total  
annual credit reported in box 1 for the annual/4th quarter  
reporting period filed with the IRS and sent to the recipient.  
Thus, in Example 2, you would enter in box 1 “27%” (0.27) of  
the amount determined in STEP 1.  
Note. For new clean renewable energy bonds issued under  
section 54C and qualified energy conservation bonds issued  
under section 54D, report the credit amount after the 70%  
limit has been applied.  
Box 6. Comments  
Enter any additional information.  
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Instructions for Form 1097-BTC (Rev. 12-2019)