Instructions For Form 8038-Cp (April 2009)- Return For Credit Payments To Issuers Of Qualified Bonds

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Instructions for Form
Department of the Treasury
Internal Revenue Service
8038-CP
(April 2009)
Return for Credit Payments to Issuers of Qualified Bonds
Federal government, use Form 8038-T,
return and need to make subsequent
Section references are to the Internal
Arbitrage Rebate, Yield Reduction and
corrections to lines 21a or 21b only, then
Revenue Code unless otherwise noted.
Penalty in Lieu of Arbitrage Rebate. For
you should check the amended return
General Instructions
the issuance of all qualified Build America
box.
Bonds and Recovery Zone Economic
Line 1. Enter the name of the entity to
Purpose of Form
Development Bonds, use Form 8038-G,
which the requested refundable credit
Information Return for Tax-Exempt
The American Recovery and
payment is to be paid. If the payment is to
Governmental Obligations. The Form
Reinvestment Act of 2009 created Build
be made to the governmental entity that
8038-G associated with a Form 8038-CP
America Bonds and Recovery Zone
issued the bonds, enter the name of that
filing must be filed prior to the submission
Economic Development Bonds.
governmental issuer. If the governmental
of the first Form 8038-CP of the bond
issuer authorized another entity (for
Form 8038-CP is used by issuers of
issue. For more information, see Notice
example, a trustee bank) to receive the
governmental bonds who elect to receive
2009-26.
requested refundable credit payment on
a direct payment from the Federal
its behalf, enter the name of that entity.
government equal to a percentage of the
Rounding to Whole Dollars
interest payments on these bonds. For
Line 2. Enter the employer identification
You may show amounts on this return as
more information, see Notice 2009-26.
number (EIN) of the entity identified in line
whole dollars. To do so, drop amounts
1. An entity that does not have an EIN
less than 50 cents and increase amounts
Who Must File
should apply for one on Form SS-4,
from 50 cents through 99 cents to the
Governmental issuers of qualified Build
Application for Employer Identification
next higher dollar.
America Bonds and Recovery Zone
Number. You can get this form on the IRS
Economic Development Bonds must
Where the Requested Payment
website at or by calling
submit this form to request credit
Will Be Sent
1-800-TAX-FORM (1-800-829-3676). You
payments payable under the American
may receive an EIN by telephone by
The credit payment on line 22 will be sent
Recovery and Reinvestment Act of 2009.
following the instructions for Form SS-4.
to the address on file with the IRS of the
What To File
entity that is to receive payment
Lines 5 and 6. Enter the name, title, and
designated in Part I; this may not be the
phone number of the officer or legal
The payment requested on Form
address provided on this return. An
representative whom the IRS may call for
8038-CP can only relate to the interest
authorized party of the issuer or the
more information.
paid on a single bond issue. If the
designated recipient can verify their
information provided on the form relates
Part II—Reporting Authority
address of record by calling
to more than one bond issue, the form will
Part II should be completed in full if the
1-877-829-5500. If the address of record
be returned to the entity in Part I, delaying
governmental issuer authorized the
needs to be changed/updated, file Form
any credit payment. Also, if the form is not
Service to pay the requested refundable
8822, Change of Address, to notify the
completed in full, the IRS will return the
credit payment to another entity on its
Internal Revenue Service before the
form to the entity in Part I to request the
behalf (for example, a trustee bank).
return is filed.
missing information.
Lines 7 and 8. If the issuer’s name is
When To File
Specific Instructions
the same as line 1, enter “SAME” and
A Form 8038-CP filed with respect to
skip lines 8, 9, 11, 15, and 16. If the
Part I—Information on Entity
fixed rate bonds must be filed by a due
issuer’s name is not the same as line 1,
That Is To Receive Payment of
date that is 45 days before the relevant
enter the name and EIN of the
interest payment date. Such a form may
Credit
governmental issuer of the bond issue.
not, however, be submitted earlier than
The issuer’s name and EIN should be
Amended Return. An issuer may file an
90 days before the relevant interest
identical to the name and EIN listed on
amended return to change or add to the
payment date.
the Form 8038-G, Part I, lines 1 and 2
information reported on a previously filed
filed with respect to the bond issue.
With respect to variable rate bonds,
return, with respect to a single issue for
issuers must aggregate all credit
Line 10. This line is for IRS use only. Do
the same interest payment date. If you
payments on a quarterly basis and file a
not make any entries in this box.
are filing to correct errors or change a
Form 8038-CP for reimbursements in
Line 12. Enter the issue date of the bond
previously filed return, check the
arrears by a due date that is 45 days after
“Amended Return” box in the heading of
issue. The issue date should be identical
the last interest payment date within the
the form.
to the issue date listed on the Form
quarterly period for which reimbursement
8038-G, Part I, line 6.
The amended return must provide all
is being requested.
Line 13. Enter the name of the bond
the information reported on the original
Where To File
return, in addition to the new or corrected
issue. The name of the bond issue should
be identical to the name listed on the
information. Attach an explanation of the
File Form 8038-CP with the Department
reason for the amended return and write
Form 8038-G, Part I, line 7, filed with
of the Treasury, Internal Revenue Service
across the top, “Amended Return
respect to the bond issue. If the bond
Center, Ogden, UT 84201-0020.
issue is not named write “None.”
Explanation.”
Other Forms That May Be
Note. Do not check the amended box if
Line 14. Enter the Committee on
Required
you are correcting prior filings of Form
Uniform Securities Identification
For rebating arbitrage (or paying a
8038-CP by using lines 21a or 21b.
Procedures (CUSIP) number on the bond
penalty in lieu of arbitrage rebate) to the
However, if you previously filed a final
with the latest maturity. The CUSIP
Cat. No. 52942P

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