Form 8328 Carryforward Election of Unused Private Activity Bond Vo

8328

Form
(Rev. January 2003)

Carryforward Election of Unused
Private Activity Bond Volume Cap

Department of the Treasury
Internal Revenue Service

OMB No. 1545-0874

(Under Sections 146(f) and 142(k))

Enter the calendar year for which the election is made
Reporting Authority
Part I

䊳

State name for qualifying public educational facility bond or issuer’s name for all other bonds

Number, street (or P.O. box if mail is not delivered to street address)

Reporting Authority’s EIN

Room/suite

Report number

9
City or town, state, and ZIP code

Caution: Part II is only for section 146(f) filers. Part III is only for qualifying public educational facility bond filers.
Unused Volume Cap and Carryforward under Section 146(f)
Part II
Computation of Unused Volume Cap
1
1 Total volume cap of the issuer for the calendar year
2

Aggregate amount of private activity bonds issued to date that are
taken into account under section 146 (see instructions)
3 Total amount of volume cap exchanged for authority to issue mortgage
credit certificates (see instructions)
4 Total amount of volume cap allocated to private activity portion of
governmental bonds (see instructions)
5 Add lines 2 through 4
6 Unused volume cap (subtract line 5 from line 1)
Purpose and Amount of Each Carryforward

2
3
4
5
6

7
Qualified student loan bonds
8
Qualified mortgage bonds or mortgage credit certificates
9
Qualified redevelopment bonds
Exempt facility bonds:
10a
Mass commuting facilities (section 142(a)(3))
10b
Water furnishing facilities (section 142(a)(4))
10c
Sewage facilities (section 142(a)(5))
10d
Solid waste disposal facilities (section 142(a)(6))
10e
Qualified residential rental projects (section 142(a)(7))
10f
Facilities for the local furnishing of electric energy or gas (section 142(a)(8))
10g
Local district heating or cooling facilities (section 142(a)(9))
10h
Qualified hazardous waste facilities (section 142(a)(10))
10i
25% of bonds for privately owned high-speed intercity rail facilities (section 142(a)(11))
10j
Qualified enterprise zone facility bonds (section 1394)
Total carryforward amount (add lines 7 through 10j) (not to exceed line 6)
11
Unused Volume Cap and Carryforward Under Section 142(k) (Qualifying Public Educational Facility Bonds)
Part III
12
12 Total volume cap for the calendar year
13
13 Total amount of bonds issued under 142(k) for the calendar year
14
14 Unused volume cap available for carryfoward (subtract line 13 from line 12)
15 Amount elected to carryforward (not to exceed line 14)
15
7
8
9
10
a
b
c
d
e
f
g
h
i
j
11

Sign
Here

Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my
knowledge and belief, it is true, correct, and complete.

䊳

Signature of authorized public official

For Paperwork Reduction Act Notice, see instructions on back.

䊳

Date
Cat. No. 13900J

Type or print name and title.
Form

8328

(Rev. 1-2003)

Form 8328 (Rev. 1-2003)

Page

2

A Change To Note

Specific Instructions

Form 8328 has been revised for use by states to compute and carry
forward unused volume cap for qualified public educational facility
bonds. States will use Part III of Form 8328 to report under section
142(k)(5). Revised Part II of Form 8328 includes the computation of
unused volume cap, and purpose and amount of each carryforward
under section 146(f).

Parts I and II of this form must be completed to properly elect the
carryforward provisions under section 146(f).

General Instructions

Name. Enter the name of the state if filing under section 142(k). For
all others, enter the name of the entity issuing the bonds.
Report number. After the preprinted 9, enter two self-designated
numbers. Number reports consecutively during any calendar year
(e.g., 928, 929, etc.).

Section references are to the Internal Revenue Code unless
otherwise noted.

Purpose of Form
Form 8328 is filed by the issuing authority of private activity bonds
to elect to carry forward its unused volume cap for one or more
carryforward purposes (see section 146(f)). If the election is made,
bonds issued with respect to a specified carryforward purpose are
not subject to the volume cap under section 146(a) during the 3
calendar years following the calendar year in which the carryforward
arose, but only to the extent that the amount of such bonds does
not exceed the amount of the carryforward elected for that purpose.
Also, Form 8328 is used by a state to carry forward the unused
volume cap under section 142(k). A state may elect to carry forward
an unused limitation for any calendar year for 3 calendar years
following the calendar year in which the unused limitation arose
under rules similar to the rules of section 146(f). However, this
election can only be made for the issuance of qualified public
educational facility bonds. For definitions related to qualified public
educational facilities, see section 142(k).

When To File
Form 8328 must be filed by the earlier of: (1) February 15 of the
calendar year following the year in which the excess amount arises,
or (2) the date of issue of bonds issued pursuant to the carryforward
election.
Once Form 8328 is filed, the issuer may not revoke the
carryforward election or amend the carryforward amounts shown on
this form.

Where To File
File Form 8328 with the Internal Revenue Service Center, Ogden, UT
84201.

Bonds Taken Into Account Under
Section 146
All private activity bonds issued during a calendar year are taken into
account under section 146 except:
1. Qualified 501(c)(3) bonds.
2. Exempt facility bonds for governmentally owned airports, docks
and wharves, environmental enhancements of hydroelectric
generating facilities, and solid waste disposal facilities.
3. 75% of any exempt facility bonds for privately owned
high-speed intercity rail facilities; 100% if governmentally owned.
4. Qualified veterans’ mortgage bonds.
5. Bonds issued pursuant to a carryforward election. See section
146(f)(3)(A).
6. Certain current refundings. See section 146(i).
7. Certain bonds issued by Indian tribal governments for tribal
manufacturing facilities. See section 7871(c)(3).
8. Qualified public educational facilities.
In addition, the private activity portion of governmental bonds is
taken into account to the extent that the nonqualified amount
exceeds $15 million. See sections 141(b)(5) and 146(m).

Bonds Eligible for Elections
● An election under section 146(f) may be made by the issuing
authority for only the following types of tax-exempt bonds:
1. Qualified student loan bonds.
2. Qualified mortgage bonds (or mortgage credit certificates).
3. Qualified redevelopment bonds.
4. Exempt facility bonds taken into account under
section 146.
● An election under section 142(k) may be made by the state for
qualified public educational facility bonds.

Parts I and III must be completed to properly elect the
carryforward provisions under section 142(k).

Part I. Reporting Authority

Part II. Unused Volume Cap and
Carryforward Under Section 146(f)
Computation of Unused Volume Cap
Line 1. Enter the issuing authority’s volume cap under section 146
for the current calendar year. Take into account any reduction in the
amount of the volume cap under section 25(f) (relating to the
reduction in the aggregate amount of qualified mortgage bonds
where certain requirements are not met). See section 146(n)(2).
Line 2. Enter the total amount of private activity bonds issued by the
issuing authority during the current calendar year that are taken into
account under section 146. See Bonds Taken Into Account Under
Section 146.
Line 3. Enter the total amount of qualified mortgage bonds the
issuing authority has elected not to issue under section 25(c)(2)(A)(ii)
during the current calendar year. See section 146(n)(1).
Line 4. Enter the total amount of volume cap allocated by the issuer
to the private activity portion of governmental bonds. See sections
141(b)(5) and 146(m).

Purpose and Amount of Each Carryforward
Enter the amount of unused volume cap the issuer elects to carry
forward for each carryforward purpose and the total carryforward
amount.

Part III. Unused Volume Cap and
Carryforward Under Section 142(k)
(Qualifying Public Educational Facility
Bonds)
Complete lines 12 through 15 to compute the amount elected to
carry forward under section 142(k).

Signature
Form 8328 must be signed by an authorized public official
responsible for carrying forward unused volume cap.
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The time needed to complete and file this form will vary
depending on individual circumstances. The estimated average time
is:
Recordkeeping
7 hr., 24 min.
Learning about the law or the form
2 hr., 47 min.
Preparing and sending
the form to the IRS
3 hr., 1 min.
If you have comments concerning the accuracy of these time
estimates or suggestions for making this form simpler, we would be
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Western Area Distribution Center, Rancho Cordova, CA 95743-0001.
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