Free Form 8328 (Rev. 1-2003) - Federal

Form (Rev. January 2003)

8328

Carryforward Election of Unused Private Activity Bond Volume Cap
(Under Sections 146(f) and 142(k))

OMB No. 1545-0874

Department of the Treasury Internal Revenue Service

Enter the calendar year for which the election is made Reporting Authority Part I
State name for qualifying public educational facility bond or issuer's name for all other bonds Reporting Authority's EIN

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

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 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 7 8 9 10 a b c d e f g h i j 11 2 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

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.

Signature of authorized public official

Date Cat. No. 13900J

Type or print name and title. Form

For Paperwork Reduction Act Notice, see instructions on back.

8328

(Rev. 1-2003)

Form 8328 (Rev. 1-2003)

Page

2

A Change To Note
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).

Specific Instructions
Parts I and II of this form must be completed to properly elect the carryforward provisions under section 146(f). Parts I and III must be completed to properly elect the carryforward provisions under section 142(k).

Part I. Reporting Authority
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.).

General Instructions
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).

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).

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.

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.

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).

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. Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. 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 happy to hear from you. You can write to the Tax Forms Committee, Western Area Distribution Center, Rancho Cordova, CA 95743-0001. Do not send the form to this address. Instead, see Where To File.

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.