For more than 10 years, as the subsidy for direct payment Build America Bonds (BABs) has been less than originally promised due to sequestration, issuers have wondered if sequestration constituted an “extraordinary event”...more
Historically, only taxpaying entities could take advantage of federal tax credits for renewable energy and other qualifying projects. Tax-exempt entities, such as municipal utilities and rural electrical cooperatives, as well...more
Given the economic impact of COVID-19 and the ongoing uncertainty of how long it will last, borrowers of tax-exempt bond proceeds may find themselves in the position of requesting their lenders to temporarily waive certain...more
States, municipalities and 501(c)(3) organizations (Issuers) likely will have to incur significant expenses in their fight against COVID-19. Even if Issuers have reserves available for these costs, there are a few different...more
States, municipalities and 501(c)(3) organizations (Issuers) likely will have to incur significant expenses in their fight against COVID-19. Even if Issuers have reserves available for these costs, there are a few different...more
On March 18, 2020, the Families First Coronavirus Response Act (the “Act”) was signed into law. The Act covers a range of emergency relief items, from expanded paid family, medical and sick leave to coverage of COVID-19...more
Many clients have been asking questions relating to the current market challenges with VRDOs and CP (high interest rates and lack of demand). The discussion below was drafted to provide some basic information and analysis...more
Many tax-exempt bonds and related hedges, such as interest rate swaps ("Exempt Instruments"), use a LIBOR-based interest rate. LIBOR is going away, and existing Exempt Instruments are going to have to be modified to replace...more
10/29/2019
/ Alternative Reference Rates Committee (ARRC) ,
Exemptions ,
Fair Market Value ,
Financial Instruments ,
Interest Rates ,
IRS ,
ISDA ,
Libor ,
Popular ,
Proposed Regulation ,
Public Finance ,
Regulatory Agenda ,
Rulemaking Process ,
Safe Harbors ,
Secured Overnight Funding Rate (SOFR) ,
Swaps ,
Tax Exemptions ,
Tax Planning ,
Tax Relief
In a private letter ruling (PLR 201918008) publicly released earlier this week, the IRS addressed the statutory safe harbor relating to the allowable term for leases of port and airport facilities financed with tax-exempt...more
On December 28, 2018, the U.S. Department of the Treasury released final regulations (the “Final TEFRA Regulations”) regarding the requirements for public notice, hearing, and approval of qualified private activity bonds...more
In a recently released private letter ruling (Private Letter Ruling 201847001, or the “Ruling”), the IRS approved the use of a “floating equity” allocation method for exempt facility bonds issued to finance renovations to an...more
12/13/2018
/ Airports ,
Bonds ,
Equity ,
IRS ,
Private Letter Rulings ,
Project Finance ,
Public Finance ,
Real Estate Development ,
Retail Market ,
Tax-Exempt Bonds ,
Wine & Alcohol
The recently enacted reduction of the maximum federal corporate tax rate may trigger contractual provisions that provide for a significant increase in the interest rate on tax-exempt debt privately placed with a bank lender...more
On November 2, 2017, the Republican leadership of the United States House of Representatives introduced the Tax Cuts and Jobs Act (the “Bill”). The Bill would make significant changes to tax rules that apply to tax-exempt...more
11/6/2017
/ 501(c)(3) ,
Alternative Minimum Tax ,
Bonds ,
Government Bonds ,
Municipal Bonds ,
Proposed Legislation ,
Public Projects ,
State and Local Government ,
Tax Credits ,
Tax Reform ,
Tax-Exempt Bonds ,
Trump Administration
Last week, the IRS released proposed regulations (“Proposed Regulations”) relating to the so-called TEFRA public notice and approval requirement for private activity bonds. In general, the Proposed Regulations make it easier...more
The Paris administrative court ruled on July 12th, 2017, that Google Ireland Limited did not have to pay $1.3 billion in back taxes in France for the period 2005-2010.
The Irish company Google Ireland Limited sells digital...more
9/12/2017
/ BEPS ,
Corporate Taxes ,
Double Taxation ,
France ,
Google ,
Income Taxes ,
Ireland ,
Multilateral Agreement ,
OECD ,
Tax Treaty ,
Value-Added Tax (VAT) ,
Withholding Tax
For a number of years, the IRS Office of Tax-Exempt Bonds ("TEB") has expressed concerns about potential tax abuses that may exist in what it has characterized as "developer-driven deals" involving the use of tax-exempt...more
New tax rules relating to establishing the issue price of publicly offered tax-exempt bonds become effective soon. This outline describes the new issue price rules, provides a high-level strategic analysis to help guide a...more
IRS Revenue Procedure 2017-13 (the "Revenue Procedure") sets forth, and significantly liberalizes, the requirements for determining whether a contract (a "Services Contract") with a service provider or manager (a "Service...more
Qualified Equity - Allocation & Accounting Rules
for Private Business Use -
New Treasury Regulations regarding measurement and allocation of private business use (PBU) benefit universities that finance a...more
11/8/2016
/ Accounting ,
Bonds ,
Educational Institutions ,
Equity ,
Health Care Providers ,
Healthcare Facilities ,
IRS ,
Safe Harbors ,
Service Contracts ,
Tax Exemptions ,
Tax Rates ,
Tax Refunds ,
Universities
On March 31, 2014, Governor Cuomo signed into law legislation that provides for an extensive reform of the state's corporate tax regime (the "Act"), most notably for out-of-state corporations providing digital products to New...more