This information is being requested
from issuers of tax-exempt bonds who issue bonds subject to the new
volume cap or utilize proceeds of mortgage revenue bonds to
refinance certain qualified subprime mortgage loans, as provided in
the Housing Assistance Tax Act of 2008, enacted July 30, 2008
(2008 Housing Act). We are asking issuers to report bonds issued
pursuant to the new volume cap on existing form 8038 that is
already required to be filed in connection with bond issues, and
issuers of mortgage revenue bonds to attach a schedule to the 8038
providing a reasonable estimate of the total expected principal
amount that will be utilized to refinance qualified subprime
mortgage loans. We are asking issuers to file a second copy of an
existing IRS Form 8328 in order to make the election to carry
forward additional volume cap provided under the 2008 Housing Act
that remains unused at the end of calendar year 2008. The
information required to be reported with respect to bond issues on
IRS Form 8038 is mandated by section 149(e) of the Internal Revenue
Code. The filing of IRS Form 8328 is the manner in which issuers
make the election to carry forward unused volume ceiling pursuant
to section 146(f) of the Internal Revenue Code.
This Notice must be
issued immediately in order to provide the allocation of the
additional volume cap for tax-exempt bonds provided by the 2008
Housing Act and to provide guidance with respect to the use of
proceeds of tax-exempt bonds for the refinancing of qualified
subprime mortgage loans.
US Code:
26
USC 149(e) Name of Law: Information reporting.
US Code: 26
USC 146(f) Name of Law: Elctive carryforward of unused
limitations for specified purpose.
Carla Young 202 622-3980
carla.a.young@irscounsel.treas.gov
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.