What is the purpose of Form 8038-T?
The primary purpose of Form 8038-T is to report the use of proceeds from a municipal bond issue and calculate any arbitrage rebate or yield reduction payment owed by the issuer to the Internal Revenue Service. The form also provides important information for tax-exempt organizations regarding their investment activities and compliance with relevant tax laws.
What is Form 8038-T?
Form 8038-T is a tax form used by issuers to report the investment of proceeds from a municipal bond issue, including information on the use of proceeds and arbitrage rebate calculations. It is filed annually with the Internal Revenue Service (IRS) according to the Internal Revenue Code.
What information is required on Form 8038-T?
Form 8038-T requires detailed information about the investments, including the issue date, maturity date, principal amount, interest rate, and yield. It also asks for information about any administrative costs or guarantees associated with the investments.
What happens if an organization fails to file Form 8038-T?
If an organization fails to file Form 8038-T, it may be subject to penalties. The penalty for failing to file on time is 5% of the amount of UBTI per month, up to a maximum of 25%. If the failure to file continues beyond 60 days after notice from the IRS, there is an additional penalty of $50 per day.
Who must file Form 8038-T?
Tax-exempt organizations that have investments which may give rise to unrelated business taxable income (UBTI) must file Form 8038-T. This includes investments in obligations issued as part of an original issue discount (OID) transaction, variable rate obligations, and certain other types of investments.
When is Form 8038-T due?
Form 8038-T must be filed annually with the IRS by May 15 for the preceding calendar year. However, if the organization's taxable year ends other than on December 31, it must file the form within 2½ months after the close of its taxable year.
What are yield reduction payments?
Yield reduction payments are amounts paid by the issuer of a municipal bond to reduce the yield on the issue below a certain percentage. These payments are required if the issuer uses proceeds from the sale of the bonds for investments that earn less than a certain percentage over the yield on the issue.
What is an arbitrage rebate?
An arbitrage rebate is a refundable tax that the issuer of a municipal bond is required to pay if it uses proceeds from the sale of the bonds to make investments that yield more than a certain percentage over the yield on the issue. The arbitrage rebate is calculated based on the difference between the actual yield and the yield limit, as well as other factors.
What are the sections in Form 8038-T?
Form 8038-T has nine sections. Section A asks for identifying information about the issuer and the bond issue. Sections B, C, D, and E provide information on the proceeds of the issue, investments, and other details related to the use of proceeds. Section F is for additional information. Sections G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, AA, AB, AC, AD, AE, AF, AG, and GH are for various calculations and other information related to the rebate amount and yield reduction payments.
Where is Form 8038-T filed?
Form 8038-T should be filed with the Internal Revenue Service, Attn: Application and Registration Unit, Cincinnati, OH 45999.
What is Form 8038-T used for?
Form 8038-T is used by tax-exempt organizations to report information about certain types of investments they have made, specifically those that may give rise to unrelated business taxable income (UBTI). This form helps the IRS determine whether there is any arbitrage rebate or yield reduction payment due.