Form 8038 (Rev September 2018) Information Return for Tax-Exempt Private Activity Bond Issues-2025

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AMORTIZATION OF BOND PREMIUM [19] Under section 171, the holder of a taxable bond acquired at a premium may elect to amortize bond premium. The holder of a tax- exempt bond acquired at a premium must amortize the premium.
Most bonds issued by government agencies are tax-exempt. This means interest on these bonds are excluded from gross income for federal tax purposes. In addition, interest on the bonds is exempt from State of California personal income taxes.
If your debt instrument is a covered security under Regulations section 1.6045-1(a)(15), market discount, acquisition premium, or premium is reported in box 5, 6, or 10 of Form 1099-OID, respectively. The following rules generally do not apply to contingent payment debt instruments. Adjustment for premium.
PREMIUM TAX-EXEMPT BONDS As with tax-exempt bonds with OID, investors do not have a choice on the tax treatment for the premium on tax-exempt bonds. Investors are required to amortize the premium in these cases.
Box 13. For a tax-exempt covered security acquired at a premium, enter the amount of bond premium amortization allocable to the interest paid during the tax year. If you reported a net amount of interest in box 8 or 9, whichever is applicable, leave this box blank.

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(IRS) Form 8038 Form required to establish and maintain the federal income tax-exempt status of the Interest on Tax-Exempt Bonds. Depending upon the type of transaction, Issuers of Tax-Exempt Bonds are required to file one of the forms in the IRS Form 8038 series to report the issuance of Tax-Exempt Bonds to the IRS.
In fact, tax-exempt bonds may be issued to finance the acquisition, construction, development, or renovation of certain privately-owned facilities. These bonds are called qualified private activity bonds (PABs), and they can be a powerful tool in a facility owners financing toolbox.

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