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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-08-24
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(iii) Certain refunding bonds not taken into account is
determining small issuer status. There shall not be taken into
account under subclause (IV) of clause (i) any bond issued to
refund (other than to advance refund) any bond to the extent the
amount of the refunding bond does not exceed the outstanding
amount of the refunded bond.
(iv) Certain issues issued by subordinate governmental
units, etc., exempt from rebate requirement. An issue issued by
a subordinate entity of a governmental unit with general taxing
powers shall be treated as described in clause (i)(I) if the
aggregate face amount of such issue does not exceed the lesser
of-
(I) $5,000,000, or
(II) the amount which, when added to the aggregate face
amount of other issues issued by such entity, does not exceed the
portion of the $5,000,000 limitation under clause (i)(IV) which
such governmental unit allocates to such entity.
For purposes of the preceding sentence, an entity which issues
bonds on behalf of a governmental unit with general taxing powers
shall be treated as a subordinate entity of such unit. An
allocation shall be taken into account under subclause (II) only
if it is irrevocable and made before the issuance date of such
issue and only to the extent that the limitation so allocated
bears a reasonable relationship to the benefits received by such
governmental unit from issues issued by such entity.
(v) Determination of whether refunding bonds eligible for
exception from rebate requirement. If any portion of an issue is
issued to refund other bonds, such portion shall be treated as a
separate issue which does not meet the requirements of paragraphs
(2) and (3) by reason of this subparagraph unless-
(I) the aggregate face amount of such issue does not exceed
$5,000,000,
(II) each refunded bond was issued as part of an issue which
was treated as meeting the requirements of paragraphs (2) and (3)
by reason of this subparagraph,
(III) the average maturity date of the refunding bonds
issued as part of such issue is not later than the average
maturity date of the bonds to be refunded by such issue, and
(IV) no refunding bond has a maturity date which is later
than the date which is 30 years after the date the original bond
was issued.
Subclause (III) shall not apply if the average maturity of the
issue of which the original bond was a part (and of the issue of
which the bonds to be refunded as a part) is 3 years of less.
For purposes of this clause, average maturity shall be determined
in accordance with section 147(b)(2)(A).
(vi) Refundings of bonds issued under law prior to Tax
Reform Act of 1986. If section 141(a) did not apply to any
refunded bond, the issue of which such refunded bond was a part
shall be treated as meeting the requirements of subclause (II) of
clause (v) if-
(I) such issue was issued by a governmental unit with
general taxing powers,
(II) no bond issued as part of such issue was an industrial
development bond (as defined in section 103(b)(2), but without
regard to subparagraph (B) of section 103(b)(3) or a private loan
bond (as defined in section 103(o)(2)(A)), but without regard to
any exception from such definition other than section
103(o)(2)(C), and
(III) the aggregate face amount of all tax-exempt bonds
(other than bonds described in subclause (II)) issued by such
unit during the calendar year in which such issue was issued did
not exceed $5,000,000.
References in subclause (II) to section 103 shall be to such
section as in effect on the day before the date of the enactment
of the Tax Reform Act of 1986. Rules similar to the rules of
clauses (ii) and (iii) shall apply for purposes of subclause
(III). For purposes of subclause (II) of clause (i), bonds
described in subclause (II) of this clause to which section
141(a) does not apply shall not be treated as private activity
bonds.
(E) Exception for certain qualified student loan bonds.
(i) In general. In determining the aggregate amount earned
on nonpurpose investments acquired with gross proceeds of an
issue of bonds for a program described in section 144(b)(1)(A),
the amount earned from investment of net proceeds of such issue
during the initial temporary period under subsection (c) shall
not be taken into account to the extent that the amount so earned
is used to pay the reasonable-
(I) administrative costs of such program attributable to
such issue and the costs of carrying such issue, and
(II) costs of issuing such issue,
but only to the extent such costs were financed with proceeds of
such issue and for which the issuer was not reimbursed. Amounts
designated as interest on student loans shall not be taken into
account in determining whether the issuer is reimbursed for such
costs. Except as otherwise hereafter provided in regulations
prescribed by the Secretary, cost described in subclause (I) paid
from amounts earned as described in the first sentence of this
clause may also be taken into account in determining the yield on
the student loans under a program described in section
144(b)(1)(A).
(ii) Only arbitrage on amounts loaned during temporary
period taken into account for administrative costs, etc. The
amount earned from investment of net proceeds of an issue during
the initial temporary period under subsection (c) shall be taken
into account under clause (i)(I) only to the extent attributable
to proceeds which were used to make or finance (not later than
the close of such period) student loans under a program described
in section 144(b)(1)(A).
(iii) Election. This subparagraph shall not apply to any
issue if the issuer elects not to have the subparagraph apply to
such issue.
(iv) Termination. This subparagraph shall not apply to any
bond issued after December 31, 1988.
(5) Exemption from gross income of sum rebated. Gross
income shall not include the sum described in paragraph (2).
Notwithstanding any other provision of this title, no deduction
shall be allowed for any amount paid to the United States under
paragraph (2).
(6) Definitions. For purposes of this subsection and
subsections (c) and (d)-
(A) Nonpurpose investment. The term "nonpurpose investment"
means any investment property which-
(i) is acquired with the gross proceeds of an issue, and
(ii) is not acquired in order to carry out the governmental
purpose of the issue.
(B) Gross proceeds. Except as otherwise provided by the
Secretary, the gross proceeds of an issue include-
(i) amounts received (including repayments of principal) as
a result of investing the original proceeds of the issue, and
(ii) amounts to be used to pay debt service on the issue.
(7) Penalty in lieu of loss of tax exemption. In the case
of an issue which would (but for this paragraph) fail to meet the
requirements of paragraph (2) or (3), the Secretary may treat
such issue as not failing to meet such requirements if-
(A) no bond which is part of such issue is a private
activity bond (other than a qualified 501(c)(3) bond),
(B) the failure to meet with such requirements is not due to
willful neglect, and
(C) the issuer pays to the United States a penalty in an
amount equal to the sum of-
(i) 50 percent to the amount which was not paid in
accordance with paragraphs (2) and (3), plus
(ii) interest (at the underpayment rate established under
section 6621) on the portion of the amount which was not paid on
the date required under paragraph (3) for the period beginning on
such date.
The Secretary may waive all or any portion of the penalty under
this paragraph.
(g) Student loan incentive payments. Except to the extent
otherwise provided in regulations, payments made by the Secretary
of Education pursuant to section 438 of the Higher Education Act
of 1965 are not to be taken into account, for purposes of
subsection (a)(1), in determining yields on stud