Tax 103

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December 22, 2017
November 10, 2017
September 20, 2013

On September 16, 2013, the IRS published proposed regulations (the Proposed Regulations) in the Federal Register covering several areas relating to tax-exempt bonds, including the determination of the issue price of such bonds. It is important to note that these Proposed Regulations are, for the most part, not yet in effect. While issuers may elect to apply certain portions of the Proposed Regulations, the general rule is that the Proposed Regulations will impact bonds issued on or after 90 days following the publication of final regulations in the Federal Register. For the time being, we will continue to apply the existing regulations (the Existing Regulations) unless it is advantageous to apply the Proposed Regulations to new transactions.

Client Alert
April 16, 2013

This newsletter describes the circumstances under which an issuer of tax-exempt bonds or a conduit borrower benefitting from an issue of tax-exempt bonds can cause a “reissuance” of one or more tax-exempt bonds, and briefly discusses the material consequences of creating a reissuance of tax-exempt bonds. Kutak Rock LLP reminds clients to review transaction documents and consult with counsel prior to making amendments to bond provisions.

March 21, 2013
January 23, 2013

This newsletter describes the impact of federal budget “sequestration” on direct pay bonds and the redemption provisions such sequestration may trigger and is intended to remind clients and attorneys of Kutak Rock LLP to review transaction documents for direct pay bonds to determine whether the possibility of sequestration gives rise to the opportunity (or threat) of extraordinary mandatory or optional redemption.

September 28, 2012

Tax-exempt and certain types of tax-advantaged bonds (such as Build America Bonds or qualified tax credit bonds) may lose their tax-advantaged status if the issuer of such bonds fails to pay any arbitrage rebate payable by the date that rebate payments are required with respect to a given bond issue. In this newsletter we describe briefly the computation of rebate, the times at which rebate payments are due with respect to an issue, rebate planning considerations and rebate issues in the context of tax-favored bond IRS examinations.

Client Alert
August 16, 2012

Tax-exempt and certain types of tax-advantaged bonds (such as Build America Bonds or qualified tax credit bonds) may lose their taxadvantaged status if the proceeds of the bonds or the bond-financed facilities are used in the trade or business of private persons and the bonds are paid from private sources or secured by private use property. In this newsletter we describe briefly how private business use may or may not occur as a result of management and research contracts.

Client Alert
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