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Hướng dẫn Mẫu 8038-G

Hướng dẫn cho Mẫu 8038-G (Rev. Tháng 10 năm 2021)

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Department of the Treasury  
Internal Revenue Service  
Instructions for Form 8038-G  
Information Return for Tax-Exempt Governmental Bonds  
(Rev. October 2021)  
Section references are to the Internal Revenue  
agreement, or financial lease, on which  
the interest is excluded from income under  
section 103.  
Where To File  
Code unless otherwise noted.  
File Form 8038-G and any attachments at  
the following address.  
Future Developments  
Tax-exempt governmental bond. A  
tax-exempt bond that is not a private  
activity bond (see next) is a tax-exempt  
governmental bond. This includes a bond  
issued by a qualified volunteer fire  
department under section 150(e).  
For the latest information about  
developments related to Form 8038-G and  
its instructions, such as legislation  
enacted after they were published, go to  
Department of the Treasury  
Internal Revenue Service Center  
Ogden, UT 84201  
Private delivery services. You can use  
certain private delivery services (PDS)  
designated by the IRS to meet the “timely  
mailing as timely filing” rule for tax returns.  
Go to IRS.gov/PDS for the current list of  
designated services.  
Private activity bond. This includes a  
General Instructions  
Purpose of Form  
Form 8038-G is used by issuers of  
tax-exempt governmental bonds to  
provide the IRS with the information  
required by section 149(e) and to monitor  
compliance with the requirements of  
sections 141 through 150.  
bond issued as part of an issue in which:  
More than 10% of the proceeds are to  
be used for any private activity  
business use; and  
More than 10% of the payment of  
principal or interest of the issue is  
either (a) secured by an interest in  
property to be used for a private  
business use (or payments for such  
property), or (b) to be derived from  
payments for property (or borrowed  
money) used for a private business  
use.  
The PDS can tell you how to get written  
proof of the mailing date.  
For the IRS mailing address to use if  
you're using PDS, go to IRS.gov/  
Who Must File  
PDS can’t deliver items to P.O.  
boxes. You must use the U.S.  
!
CAUTION  
IF the issue price  
THEN, for tax-exempt  
Postal Service to mail any item to  
(line 21, column (b)) governmental bonds  
an IRS P.O. box address.  
It also includes a bond, the proceeds of  
is...  
issued after December  
31, 1986, issuers must  
file...  
which (a) are to be used directly or  
indirectly to make or finance loans (other  
than loans described in section 141(c)(2))  
to persons other than governmental units,  
and (b) exceeds the lesser of 5% of the  
proceeds or $5 million.  
Other Forms That May Be  
Required  
$100,000 or more  
less than $100,000  
a separate Form 8038-G  
for each issue.  
For rebating arbitrage (or paying a penalty  
in lieu of arbitrage rebate) to the federal  
government, use Form 8038-T, Arbitrage  
Rebate, Yield Reduction and Penalty in  
Lieu of Arbitrage Rebate.  
Form 8038-GC,  
Information Return for  
Small Tax-Exempt  
Governmental Bond  
Issues, Leases, and  
Installment Sales.  
Issue price. The issue price of bonds is  
generally determined under Regulations  
section 1.148-1(f). Thus, when issued for  
cash, the issue price is the first price at  
which a substantial amount of the bonds  
are sold to the public. To determine the  
issue price of a bond issued for property,  
see sections 1273 and 1274 and the  
related regulations.  
For private activity bonds, use Form  
8038, Information Return for Tax-Exempt  
Private Activity Bond Issues.  
Rounding to Whole Dollars  
When To File  
You may show the money items on this  
return as whole-dollar amounts. To round,  
drop amounts under 50 cents and  
File Form 8038-G on or before the 15th  
day of the 2nd calendar month after the  
close of the calendar quarter in which the  
bond is issued. Form 8038-G may not be  
filed before the issue date and must be  
completed based on the facts as of the  
issue date.  
Issue. Generally, bonds are treated as  
part of the same issue if they are issued by  
the same issuer, on the same date, and in  
a single transaction, or a series of related  
transactions (see Regulations section  
1.149(e)-1(e)(2)). However, bonds issued  
during the same calendar year (a) under a  
loan agreement under which amounts are  
to be advanced periodically (a “draw-down  
loan”), or (b) with a term not exceeding  
270 days, may be treated as part of the  
same issue if the bonds are equally and  
ratably secured under a single indenture  
or loan agreement and are issued under a  
common financing arrangement (for  
increase amounts from 50 to 99 cents to  
the next dollar (for example, $1.39  
becomes $1 and $2.50 becomes $3).  
If two or more amounts must be added  
to figure the amount to enter on a line,  
include cents when adding the amounts  
and round off only the total.  
Late filing. An issuer may be granted an  
extension of time to file Form 8038-G  
under section 3 of Rev. Proc. 2002-48,  
2002-37 I.R.B. 531, if it is determined that  
the failure to file timely is not due to willful  
neglect. Type or print at the top of the form  
“Request for Relief under section 3 of Rev.  
Proc. 2002-48” and attach a letter  
Definitions  
Bond. This is any obligation, including  
bond, note, commercial paper, installment  
purchase agreement, or financing lease.  
Taxable bond. This is any bond the  
interest on which is not excludable from  
gross income under section 103. Taxable  
bonds include tax credit bonds and direct  
pay bonds.  
explaining why Form 8038-G was not  
submitted to the IRS on time. Also indicate  
whether the bond issue in question is  
under examination by the IRS. Do not  
submit copies of the trust indenture or  
other bond documents. See Where To File  
next.  
example, under the same official  
statement periodically updated to reflect  
changing factual circumstances). Also, for  
bonds issued under a draw-down loan that  
meet the requirements of the preceding  
Tax-exempt bond. This is any obligation,  
including a bond, installment purchase  
Sep 21, 2021  
Cat. No. 63774D  
sentence, bonds issued during different  
calendar years may be treated as part of  
the same issue if all of the amounts to be  
advanced under the draw-down loan are  
reasonably expected to be advanced  
within 3 years of the date of issue of the  
first bond. Likewise, bonds (other than  
private activity bonds) issued under a  
single agreement that is in the form of a  
lease or installment sale may be treated  
as part of the same issue if all of the  
property covered by that agreement is  
reasonably expected to be delivered  
within 3 years of the date of issue of the  
first bond.  
are filing to correct errors or change a  
previously filed return, check the  
Amended Return box in the heading of the  
form.  
The amended return must provide all  
the information reported on the original  
return, in addition to the new or corrected  
information. Attach an explanation of the  
reason for the amended return and write  
across the top, “Amended Return  
Explanation.” Failure to attach an  
explanation may result in a delay in  
processing the form.  
Line 7. The date of issue is generally the  
first date on which the issuer physically  
exchanges any bond included in the issue  
for the underwriter's (or other purchaser's)  
funds. For a lease or installment sale,  
enter the date interest starts to accrue in  
an MM/DD/YYYY format.  
Line 8. If there is no name of the issue,  
please provide other identification of the  
issue.  
Line 9. Enter the CUSIP (Committee on  
Uniform Securities Identification  
Procedures) number of the bond with the  
latest maturity. If the issue does not have a  
CUSIP number, write “None.”  
Line 1. The issuer's name is the name of  
the entity issuing the bonds, not the name  
of the entity receiving the benefit of the  
financing. For a lease or installment sale,  
the issuer is the lessee or the purchaser.  
Arbitrage rebate. Generally, interest on  
a state or local bond is not tax exempt  
unless the issuer of the bond rebates to  
the United States arbitrage profits earned  
from investing proceeds of the bond in  
higher yielding nonpurpose investments.  
See section 148(f).  
Line 10a. Enter the name and title of the  
officer or other employee of the issuer  
whom the IRS may call for more  
Line 2. An issuer that does not have an  
employer identification number (EIN)  
should apply online by visiting the IRS  
website at IRS.gov/EIN. The organization  
may also apply for an EIN by faxing or  
mailing Form SS-4 to the IRS.  
information. If the issuer wishes to  
designate a person other than an officer or  
other employee of the issuer (including a  
legal representative or paid preparer)  
whom the IRS may call for more  
Construction issue. This is an issue of  
tax-exempt bonds that meets both of the  
following conditions.  
information about the return, enter the  
name, title, and telephone number of such  
person on lines 3a and 3b.  
Line 3a. If the issuer wishes to authorize  
a person other than an officer or other  
employee of the issuer (including a legal  
representative or paid preparer) to  
1. At least 75% of the available  
construction proceeds are to be used  
for construction expenditures with  
respect to property to be owned by a  
governmental unit or a section 501(c)  
(3) organization.  
Complete lines 10a and 10b even  
if you complete lines 3a and 3b.  
!
communicate with the IRS and whom the  
IRS may contact about this return  
CAUTION  
(including in writing or by telephone), enter  
the name of such person here. The person  
listed on line 3a must be an individual. Do  
not enter the name and title of an officer or  
other employee of the issuer here (use  
line 10a for that purpose).  
Part II—Type of Issue  
2. All the bonds that are part of the issue  
are qualified 501(c)(3) bonds, bonds  
that are not private activity bonds, or  
private activity bonds issued to  
finance property to be owned by a  
governmental unit or a section 501(c)  
(3) organization.  
Elections referred to in Part II are  
made on the original bond  
!
CAUTION  
documents, not on this form.  
Identify the type of bonds issued by  
entering the issue price in the box  
corresponding to the type of bond (see  
Issue price under Definitions, earlier).  
Attach a schedule listing names and EINs  
of organizations that are to use proceeds  
of these bonds, if different from those of  
the issuer, include a brief summary of the  
use and indicate whether or not such user  
is a governmental or nongovernmental  
entity.  
Note. By authorizing a person other than  
an authorized officer or other employee of  
the issuer to communicate with the IRS  
and whom the IRS may contact about this  
return, the issuer authorizes the IRS to  
communicate directly with the individual  
entered on line 3a and consents to  
disclose the issuer's return information to  
that individual, as necessary, to process  
this return.  
In lieu of rebating any arbitrage that  
may be owed to the United States, the  
issuer of a construction issue may make  
an irrevocable election to pay a penalty.  
The penalty is equal to 11/2% of the  
amount of the available construction  
proceeds of the issue that do not meet  
certain spending requirements as of the  
close of each 6-month period after the  
date the bonds were issued. See section  
148(f)(4)(C) and the Instructions for Form  
8038-T.  
Line 18. Enter a description of the issue  
Lines 4 and 6. If you listed an individual  
on line 3a to communicate with the IRS  
and whom the IRS may contact about this  
return, enter the number and street (or  
P.O. box if mail is not delivered to street  
address), city, town, or post office, state,  
and ZIP code of that person. Otherwise,  
enter the issuer's number and street (or  
P.O. box if mail is not delivered to street  
address), city, town, or post office, state,  
and ZIP code.  
in the space provided.  
Line 19. If the bonds are short-term tax  
anticipation notes or warrants (TANs) or  
short-term revenue anticipation notes or  
warrants (RANs), check box 19a. If the  
bonds are short-term bond anticipation  
notes (BANs), issued with the expectation  
that they will be refunded with the  
proceeds of long-term bonds at some  
future date, check box 19b. Do not check  
both boxes.  
Pooled financing issue. This is an issue  
of tax-exempt bonds, the proceeds of  
which are to be used to finance purpose  
investments representing conduit loans to  
two or more conduit borrowers, unless  
those conduit loans are to be used to  
finance a single capital project.  
Note. The address entered on lines 4 and  
6 is the address the IRS will use for all  
written communications regarding the  
processing of this return, including any  
notices.  
Line 20. Check this box if property other  
than cash is exchanged for the bond, for  
example, acquiring a police car, a fire  
truck, or telephone equipment through a  
series of monthly payments. (This type of  
bond is sometimes referred to as a  
Specific Instructions  
Part I—Reporting Authority  
Amended return. An issuer may file an  
amended return to change or add to the  
information reported on a previously filed  
return for the same date of issue. If you  
Line 5. This line is for IRS use only. Do  
not make any entries in this box.  
“municipal lease.”) Also check this box if  
real property is directly acquired in  
Instructions for Form 8038-G (Rev. 10-2021)  
-2-  
exchange for a bond to make periodic  
payments of interest and principal. Do not  
check this box if the proceeds of the bond  
are received in the form of cash, even if  
the term “lease” is used in the title of the  
issue.  
example, bond insurance premiums and  
certain fees for letters of credit).  
Line 40. Check this box if the issue is a  
construction issue and an irrevocable  
election to pay a penalty in lieu of  
Line 26. Enter the amount of proceeds  
arbitrage rebate has been made on or  
before the date the bonds were issued.  
The penalty is payable with a Form 8038-T  
for each 6-month period after the date the  
bonds are issued. Do not make any  
payment of penalty in lieu of arbitrage  
rebate with this form. See Rev. Proc.  
92-22, 1992-1 C.B. 736, for rules  
that will be allocated to such a fund.  
Line 27. Enter the amount of the  
proceeds that will be used to pay principal,  
interest, or call premium on any  
tax-exempt bonds, including proceeds  
that will be used to fund an escrow  
account for this purpose.  
Part III—Description of Bonds  
Line 21. For column (a), the final maturity  
date is the last date the issuer must  
redeem the entire issue.  
regarding the “election document.”  
Line 28. Enter the amount of the  
proceeds that will be used to pay principal,  
interest, or call premium on any taxable  
bonds, including proceeds that will be  
used to fund an escrow account for this  
purpose.  
For column (b), see Issue price under  
Definitions, earlier.  
Line 41a. Check this box if the issuer  
has identified a hedge on its books and  
records according to Regulations sections  
1.148-4(h)(2)(viii) and 1.148-4(h)(5)(iv)  
that permit an issuer of tax-exempt bonds  
to identify a hedge for it to be included in  
yield calculations for figuring arbitrage.  
For column (c), the stated redemption  
price at maturity of the entire issue is the  
sum of the stated redemption prices at  
maturity of each bond issued as part of the  
issue. For a lease or installment sale, write  
“N/A” in column (c).  
Part V—Description of  
Refunded Bonds  
For column (d), the weighted average  
maturity is the sum of the products of the  
issue price of each maturity and the  
number of years to maturity (determined  
separately for each maturity and by taking  
into account mandatory redemptions),  
divided by the issue price of the entire  
issue (from line 21, column (b)). For a  
lease or installment sale, enter instead the  
total number of years the lease or  
Line 42. In determining if the issuer has  
super-integrated a hedge, apply the rules  
of Regulations section 1.148-4(h)(4). If the  
hedge is super-integrated, check the box.  
Complete this part only if the bonds are to  
be used to refund a prior issue of  
tax-exempt bonds or taxable bonds. For a  
lease or installment sale, write “N/A” in the  
space to the right of the title for Part V.  
Line 43. If the issuer takes a “deliberate  
action” after the issue date that causes the  
conditions of the private business tests or  
the private loan financing test to be met,  
then such issue is also an issue of private  
activity bonds. Regulations section  
1.141-2(d)(3) defines a deliberate action  
as any action taken by the issuer that is  
within its control regardless of whether  
there is intent to violate such tests.  
Lines 31 and 32. The remaining  
weighted average maturity is determined  
without regard to the refunding. The  
weighted average maturity is determined  
in the same manner as on line 21, column  
(d).  
installment sale will be outstanding.  
For column (e), the yield, as defined in  
section 148(h), is the discount rate that,  
when used to figure the present value of  
all payments of principal and interest to be  
paid on the bond, produces an amount  
equal to the purchase price, including  
accrued interest. See Regulations section  
1.148-4 for specific rules to figure the yield  
on an issue. If the issue is a variable rate  
issue, write “VR” as the yield of the issue.  
For other than variable rate issues, carry  
the yield out to four decimal places (for  
example, 5.3125%). If the issue is a lease  
or installment sale, enter the effective rate  
of interest being paid.  
Line 34. If more than a single issue of  
tax-exempt bonds or taxable bonds will be  
refunded, enter the date of issue for each  
refunded issue. Enter the date in an  
MM/DD/YYYY format.  
Regulations section 1.141-12 explains the  
conditions to taking remedial action that  
prevent an action that causes an issue to  
meet the private business tests or private  
loan financing test from being treated as a  
deliberate action. Check the box if the  
issuer has established written procedures  
to ensure timely remedial action for all  
nonqualified bonds according to  
Part VI—Miscellaneous  
Line 35. An allocation of volume cap is  
required if the nonqualified amount for the  
issue is more than $15 million but is not  
more than the amount that would cause  
the issue to be private activity bonds.  
Regulations section 1.141-12 or other  
remedial actions authorized by the  
Line 36. If any portion of the gross  
proceeds of the issue is or will be invested  
in a guaranteed investment contract (GIC),  
as defined in Regulations section  
Commissioner under Regulations section  
1.141-12(h).  
Part IV—Uses of Proceeds of  
Bond Issue  
Line 44. Check the box if the issuer has  
established written procedures to monitor  
compliance with the arbitrage, yield  
restriction, and rebate requirements of  
section 148.  
1.148-1(b), enter the amount of the gross  
proceeds so invested, as well as the final  
maturity date of the GIC and the name of  
the provider of such contract.  
For a lease or installment sale, write “N/A”  
in the space to the right of the title for Part  
IV.  
Line 22. Enter the amount of proceeds  
that will be used to pay interest on the  
issue accruing prior to the date of issue.  
For definition of date of issue, see these  
instructions, line 7.  
Line 45a. Check the box if some part of  
the proceeds was used to reimburse  
expenditures. Figure and then enter the  
amount of proceeds that are used to  
reimburse the issuer for amounts paid for  
a qualified purpose prior to the issuance of  
the bonds. See Regulations section  
1.150-2.  
Line 37. If the issue is a pooled financing  
issue (as defined under Pooled financing  
issue in Definitions, earlier), enter the  
amount of the proceeds used to make  
loans to other governmental units, the  
interest on which is tax exempt.  
Line 24. Enter the amount of the  
proceeds that will be used to pay bond  
issuance costs, including fees for trustees  
and bond counsel. If no bond proceeds  
will be used to pay bond issuance costs,  
enter zero. Do not leave this line blank.  
Line 38. If the issue is a loan of proceeds  
from a pooled financing issue (as defined  
under Pooled financing issue in  
Line 45b. Subject to certain exceptions  
under Regulations section 1.150-2(f), an  
issuer must adopt an official intent, as  
described in Regulations section  
Definitions, earlier), check the box and  
where asked for the date of issue, EIN,  
and name of the issuer of the master pool  
bond, enter the date of issue, EIN, and  
name of the issuer of the pooled financing  
issue.  
Line 25. Enter the amount of the  
proceeds that will be used to pay fees for  
credit enhancement that are taken into  
account in determining the yield on the  
issue for purposes of section 148(h) (for  
1.150-2(e), to reimburse itself for  
preissuance expenditures within 60 days  
after payment of the original expenditure.  
Instructions for Form 8038-G (Rev. 10-2021)  
-3-  
Enter the date the official intent was  
adopted.  
prepares the return but does not charge  
the organization should not sign the  
return. Certain others who prepare the  
return should not sign. For example, a  
regular, full-time employee of the issuer,  
such as a clerk, secretary, etc., should not  
sign.  
to a form or its instructions must be  
retained as long as their contents may  
become material in the administration of  
any Internal Revenue law. Generally, tax  
returns and return information are  
Signature and Consent  
An authorized representative of the issuer  
must sign Form 8038-G and any  
confidential, as required by section 6103.  
applicable certification. Also print the  
name and title of the person signing Form  
8038-G. The authorized representative of  
the issuer signing this form must have the  
authority to consent to the disclosure of  
the issuer's return information, as  
necessary to process this return, to the  
person(s) that have been designated in  
Form 8038-G.  
The time needed to complete and file  
this form will vary depending on the  
individual circumstances. The estimated  
burden for tax-exempt organizations filing  
this form is approved under OMB control  
number 1545-0047 and is included in the  
estimates shown in the instructions for  
their information return.  
Generally, anyone who is paid to  
prepare a return must sign it and fill in the  
other blanks in the Paid Preparer Use Only  
area of the return.  
The paid preparer must:  
Sign the return in the space provided  
for the preparer's signature (a  
facsimile signature is acceptable),  
Enter the preparer information, and  
Give a copy of the return to the issuer.  
If you have suggestions for making this  
form simpler, we would be happy to hear  
from you. You can send us comments  
Note. If the issuer in Part I, lines 3a and  
3b, authorizes the IRS to communicate  
(including in writing and by telephone) with  
a person other than an officer or other  
employee of the issuer, by signing this  
form, the issuer's authorized  
Paperwork Reduction Act Notice. We  
ask for the information on this form to carry  
out the Internal Revenue laws of the  
Or you can write to:  
representative consents to the disclosure  
of the issuer's return information, as  
necessary to process this return, to such  
person.  
United States. You are required to give us  
the information. We need it to ensure that  
you are complying with these laws.  
Internal Revenue Service  
Tax Forms and Publications  
1111 Constitution Ave. NW, IR-6526  
Washington, DC 20224  
You are not required to provide the  
information requested on a form that is  
subject to the Paperwork Reduction Act  
unless the form displays a valid OMB  
control number. Books or records relating  
Paid Preparer  
If an authorized officer of the issuer filled in  
this return, the paid preparer's space  
should remain blank. Anyone who  
Do not send the form to this address.  
Instead, see Where To File, earlier.  
Instructions for Form 8038-G (Rev. 10-2021)  
-4-