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Part II

Line 9. A new CREB must be

of issuance, CUSIP numbers, issue price,

final maturity date, stated redemption

designated as such by a qualified issuer.

For IRS use only. Do not make an entry in

price at maturity, applicable credit rate

If these bonds have been designated as

line 1.

and maximum term to assist in the proper

new CREBs, check “Yes.” See section

Part III—List of Conservation

reporting of interest, tax credits, or other

54C(a) for more information.

benefits under section 6049, check the

Purposes, Location of the

Part II

box next to “Yes.”

Facilities, Amount of Proceeds

Note. Part VIII does not apply to issuers

For IRS use only. Do not make an entry in

Used for the Purpose, Private

of tax credit bonds that have elected

line 1.

Activity User and Private User’s

direct payment refundable credits under

EIN

Part III—List of Qualified

section 6431(f).

Renewable Energy Facilities

Line 1. Eligible issuers of QECBs

Schedule A. New Clean

include states, political subdivisions as

Line 1. A “Qualified Renewable Energy

defined for purposes of section 103, and

Renewable Energy Bonds

Facility” means a qualified facility as

entities empowered to issue bonds on

determined under section 45(d) (without

(New CREBs) Under

behalf of any such entity under rules

regard to paragraphs (8) and (10) and to

similar to those for determining whether a

Sections 54A and 54C

any placed in service date) owned by a

bond issued on behalf of a state or

public power provider, a governmental

political subdivision constitutes an

Part I—Issuer Questions

body, or a cooperative electric company.

obligation of that state or political

List the type of qualified renewable

subdivision for purposes of section 103

Line 1. A public power provider is a state

energy facility to be financed by the

and Regulations section 1.103-1(b).

utility with a service obligation as such

bonds, the location of the facility, the

Further, eligible issuers include otherwise

terms are defined in section 217 of the

owner(s) of the facility, the owner’s EIN,

eligible issuers in conduit financing issues

Federal Power Act. If the issuer is a

and the amount of available project

(as defined in Regulations section

public power provider, check “Yes.”

proceeds to be used for that facility. (If

1.150-1(b)).

Line 2. A cooperative electric company

more than one facility, attach a schedule.)

List each type of qualified conservation

is a mutual or cooperative electric

purpose described under section 54D(f)

company described in section 501(c)(12)

Schedule B. Qualified

to be financed by the bonds, the location

or section 1381(a)(2)(c). If the issuer is a

of the facility (if applicable), and the

cooperative electric company, check

Energy Conservation

amount of available project proceeds to

“Yes.”

Bonds (QECBs) Under

be used for each qualified conservation

Line 3. A governmental body is any

purpose. If the bonds are private activity

Sections 54A and 54D

state or Indian tribal government, or any

bonds, provide the name and EIN of the

political subdivision thereof. If the issuer

private user(s). (If more than one

is a governmental body, check “Yes.”

Part I—Issuer and Project

purpose, facility, owner, or user, attach

Line 4. A clean renewable energy bond

Questions

schedule.)

lender is a lender which is a cooperative

Line 1. A QECB must be designated as

owned by, or has outstanding loans to,

Schedule C. Qualified

such by the issuing state or local

100 or more cooperative electric

government. See section 54D(a). If these

Zone Academy Bonds

companies and was in existence on

bonds have been designated as QECBs,

February 1, 2002, and shall include any

(QZABs) Under Sections

check “Yes.”

affiliated entity which is controlled by such

54A and 54E

lender. If the issuer is a clean renewable

Line 2. Section 54D(e)(2)(B) provides

energy bond lender, check “Yes.”

that the amount allocated to a large local

Part I—Academy and Issuer

Line 5. If the issuer is a not-for-profit

government may, if unused, be

Information

electric utility which has received a loan

reallocated by such local government to

or loan guarantee under the Rural

the state in which such local government

Line 1. If the school is located in a

Electrification Act, check “Yes.”

is located. If the bonds are issued based

designated empowerment zone, check

Line 6. Notice 2009-33 provides that,

on an allocation that has been reallocated

“Yes.”

except in limited circumstances involving

from a large local government to a state,

Line 2. If the school is located in a

check “Yes.”

reimbursements to which section

designated enterprise community, check

54A(d)(2)(D) applies, costs of acquiring

Line 3. A large local government means

“Yes.”

existing facilities generally will be treated

any municipality or county if such

as nonqualified costs. If any of the

Line 5. If for any calendar year the

municipality or county has a population of

available project proceeds have been

allocation for a state exceeds the amount

100,000 or more. If the issuer is a large

used to acquire existing facilities, check

of bonds issued for such year, the

local government, check “Yes.”

“Yes.”

limitation may be carried over but only to

the first 2 years following the year in

Line 7. Notice 2009-33 provides that

Line 6. If the issuer issued the bonds

which the unused limitation arose.

refinancing costs (as contrasted with

based on a volume cap allocation

Limitation amounts are treated on a

costs of enhancements, repair or

received by another authorized entity

first-in, first-out basis. If the bonds or any

rehabilitation of existing facilities),

(that allocated volume cap to the issue),

portion of the bonds are issued under a

generally will be treated as nonqualified

check “Yes.” If not, check “No.” If yes is

carryover limitation, check “Yes” and

costs. If any of the available project

checked, provide the name of such

enter the year in which the limitation

proceeds have been used to refinance

authorized entity. If more than one

arose.

existing facilities, check “Yes.”

authorized entity allocated volume cap to

Line 8. Notice 2009-33 provides that an

the bond issue, attach a schedule listing

Line 7. In order for a bond to be a

allocation of new CREB volume cap

the names of, and amount of bonds for,

“qualified zone academy bond,” the issuer

limitation is valid for 3 years after the date

each such authorized entity. If the box on

must certify that it has written

of the letter issuing the allocation (the

line 6 is checked “Yes,” failure to insert

commitments from private entities to

“volume cap allocation date”). If the issue

the name of the other authorized entity

make qualified contributions having a

date of the issue is on or before 3 years

that allocated volume cap to the issue

present value (as of the date of issuance

after the volume cap allocation date,

may result in a delay in processing the

of the issue) of not less than 10% of the

check “Yes.”

return.

proceeds of the issue. If the eligible local

-5-

Instructions For Form 8038-Tc - Information Return For Tax Credit Bonds And Specified Tax Credit Bonds Page 5

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