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Notices

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2013

Notice 2013-9 (Temporary Shelter for Individuals Displaced by Hurricane Sandy)
This notice provides relief for all qualified residential rental projects described in the notice.

Notice 2013-39 (Temporary Shelter for Individuals Displaced by Severe Storms and Tornadoes in Oklahoma)
This notice provides relief for all qualified residential rental projects described herein. The Internal Revenue Service is suspending certain requirements under § 142(d) of the Internal Revenue Code for qualified residential rental projects financed with exempt facility bonds under § 142 to provide emergency housing relief needed as a result of the devastation caused by severe storms and tornadoes in Oklahoma that occurred between May 18, 2013, and May 27, 2013.

Notice 2013-47 (Expanded Eligibility for Temporary Housing for Individuals Displaced by Severe Storms, Flooding, and Tornadoes in Oklahoma)
This notice amplifies the relief provided by Notice 2013-39, 2013-25 I.R.B. 1252, and Notice 2013-40, 2013-25 I.R.B. 1254, to reflect actions by the Federal Emergency Management Agency (FEMA) subsequent to the release of those notices.

2012

Notice 2012-48 (Tribal Economic Development Bonds)
This notice solicits applications for allocations of the available amount of national bond volume limitation authority (volume cap) for tribal economic development bonds (Tribal Economic Development Bonds).

Notice 2012-3 (Current Refundings of Tax-exempt Bonds in Certain Disaster Relief Bond Programs)
This notice provides guidance on “current refunding issues” (as defined in § 1.150-1(d)(3)) that refund outstanding prior issues of bonds that qualify for tax-exempt bond financing under certain disaster relief bond programs.

2011

Notice 2011-63 (State and Local Bonds: Volume Cap and Timing of Issuing Bonds)
This notice provides supplemental guidance on the determination of when State and local bonds (as defined in section 103(c)) are considered "issued" for purposes of volume cap limitations.

2010

Notice 2010-81 (Build America Bonds and Other State and Local Bonds: Timing of Issuing Bonds)
This notice provides guidance on the determination of when State and local bonds (as defined in section 103(c) of the Internal Revenue Code are considered "issued" for purposes of deadlines on issuing bonds. This notice provides guidance on the relevant distinction between the "issue date" of a "bond" versus the "issue date" of an "issue" for purposes of this determination.

Notice 2010-35 (Direct Payment Subsidy Option for Certain Qualified Tax Credit Bonds and Build America Bonds)
This notice addresses the new Federal refundable tax credit subsidy option (also referred to hereafter as the direct payment subsidy option) under § 6431(f) of the Internal Revenue Code (the “Code”) for certain qualified tax credit bonds under § 54A. This notice provides guidance on the refundable tax credit payment procedures for this option, required elections, information reporting, and certain other interim guidance. This notice describes regulations that the Treasury Department and the IRS expect to issue.

Notice 2010-28 (Stripping Transactions for Qualified Tax Credit Bonds)
This notice describes regulations that the Treasury Department and the Internal Revenue Service (IRS) expect to issue concerning both stripping transactions for qualified tax credit bonds under section 54A of the Internal Revenue Code and certain income tax accounting matters associated with holding and stripping these bonds.

Notice 2010-22 (Qualified Zone Academy Bond Allocations for 2010)
This notice sets forth the maximum face amount of Qualified Zone Academy Bonds (“QZABs”) that may be issued for each State for the calendar year 2010 under § 54E(c)(2) of the Internal Revenue Code. Under § 54A(e)(3), the term State includes the District of Columbia and any possession of the United States. This notice also provides certain interim guidance for QZABs issued after October 3, 2008.

Notice 2010-17 (Qualified School Construction Bond Allocations for 2010)
This notice sets forth the maximum face amount of qualified school construction bonds (“QSCBs”) allocated by the Department of the Treasury (Treasury) to each State and large local educational agency for 2010 under § 54F(d) of the Internal Revenue Code (Code).

Notice 2010-10 (Tax-Exempt Bonds in Certain Disaster Areas)
This notice provides guidance on the tax-exempt bond provisions for the Midwestern and Hurricane Ike disaster areas under the Heartland Disaster Tax Relief Act of 2008, Subtitle A of Title VII of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (Division C of Public Law 110-343, 122 Stat. 3765, enacted on October 3, 2008) (Act) and § 1400N(a) of the Internal Revenue Code (Code), as modified by the Act. This notice also provides guidance on reimbursement expenditures made with proceeds of tax-exempt bonds issued for Midwestern and Hurricane Ike disaster areas and tax-exempt “Qualified Gulf Opportunity Zone Bonds” issued under § 1400N(a) of the Code. (Except as noted, section references in this notice are to the Code and the Income Tax Regulations.)

Notice 2010-7 (Extension of Temporary Rules Allowing Governmental Issuers to Purchase and Hold Their Own Tax-Exempt Bonds)
This notice modifies Notice 2008-88 to extend the expiration dates from December 31, 2009 to December 31, 2010 of certain temporary rules allowing state and local governmental issuers to purchase and hold their own tax-exempt bonds under special reissuance standards for tax-exempt bonds. The intent of the extensions of these temporary rules is to facilitate liquidity and stability in the tax-exempt bond market in recognition of some continuing credit enhancement and liquidity constraints in this market.

Notice 2010-5 (Arbitrage Treatment of Certain Guarantee Funds)
This notice describes proposed rules that the Internal Revenue Service (IRS) and the Department of the Treasury expect to issue regarding whether certain perpetual trust funds created and controlled by States that are pledged as credit enhancement to guarantee tax-exempt bonds will be treated as replacement proceeds of the guaranteed bonds for purposes of the arbitrage investment restrictions on tax-exempt bonds under § 148 of the Internal Revenue Code.

2009

Notice 2009-51 (Tribal Economic Development Bonds)
This notice provides guidance on and solicits applications for allocations of the $2 billion national bond volume limitation authority ("volume cap") to issue tribal economic development bonds under new section 7871(f) of the Internal Revenue Code. Application for Notice 2009-51 (Tribal Economic Development Bonds) - Rich Text Format.

Notice 2009-50 (Recovery Zone Bond Volume Cap Allocations)
This notice provides guidance regarding the maximum face amount of recovery zone economic development bonds and recovery zone facility bonds that may be issued by each state before January 1, 2011 under sections 1400U-2 and 1400U-3, respectively, of the Internal Revenue Code, as provided by section 1400U-1 of the Code.

The Treasury Department and the IRS recognize that the required local suballocations of the national volume cap for Recovery Zone Bonds among counties and large municipalities impose administrative burdens for the States and involve mandatory local suballocations without State discretion. Accordingly, the Treasury Department and the IRS have determined these required local suballocations to facilitate prompt availability of Recovery Zone Bonds as a source for State and local governmental borrowing at lower borrowing costs to promote job creation and economic recovery in areas particularly affected by employment declines. Click here to access these suballocations

Notice 2009-35 (Qualified School Construction Bond Allocations for 2009)
This notice provides guidance on qualified tax credit bonds called Qualified School Construction Bonds (QSCBs) under section 54F of the Internal Revenue Code. The notice sets forth the amount of QSCBs that may be issued by each State and large local education agency in 2009. QSCBs may be issued to finance certain construction and land acquisition expenditures relating to public school facilities.

Notice 2009-33 (New Clean Renewable Energy Bonds Application and Requirements)
This notice provides guidance on and solicits applications for authority to issue qualified tax credit bonds called New Clean Renewable Energy Bonds (New CREBs) under section 54C of the Internal Revenue Code to finance certain clean renewable energy facilities described under section 45(d) of the Code. There is a national limitation of $2.4 billion of volume of New CREBs which the IRS may allocate to qualified issuers. Application for Notice 2009-33 (New Clean Renewable Energy Bonds) – Rich Text Format.

Notice 2009-30 (Qualified Zone Academy Bond Allocations for 2008 and 2009)
This notice provides guidance on qualified tax credit bonds called Qualified Zone Academy Bonds (QZABs) under section 54E of the Internal Revenue Code. The notice sets forth the amount of QZABs that may be issued within each State for each of the calendar years 2008 and 2009. QZABs may be issued to finance certain expenditures relating to a qualified zone academy established by a local education agency.

Notice 2009-29 (Qualified Energy Conservation Bond Allocations for 2009)
This notice provides guidance on qualified tax credit bonds called Qualified Energy Conservation Bonds (QECBs) under section 54D of the Internal Revenue Code. The notice sets forth the amount of QECBs that may be issued for each State. QECBs may be issued to finance projects designed to reduce greenhouse gas emissions.

Notice 2009-26 (Build America Bonds and Direct Payment Subsidy Implementation)
This notice provides guidance on the new tax incentives for Build America Bonds under section 54AA of the Internal Revenue Code and the implementation plans for the refundable credit payment procedures for these bonds. The notice also includes guidance on the modified Build America Bond program for Recovery Zone Economic Development Bonds under section 1400U-2 of the Code.

Notice 2009-15 (Credit Rates on Certain Qualified Tax Credit Bonds under IRC Section 54A)
This notice provides guidance regarding how the Treasury Department and the Internal Revenue Service (IRS) will determine and announce credit rates on certain tax credit bonds described in this Notice.

2008

Notice 2008-109 (Midwestern and Hurricane Ike Disaster Areas and Population Estimates)
This notice informs specific States of counties and parishes eligible for relief in the Midwestern and Hurricane Ike disaster areas. In addition, the notice provides instructions for reporting the issuance of Midwestern Disaster, Midwestern Tax Credit, and Hurricane Ike Bonds.

Notice 2008-88 (Expanded Temporary Rule Allowing Governmental Issuers to Purchase Their Own Tax-Exempt Bonds)
This notice amends and supplements Notice 2008-41, 2008-15 I.R.B. 724 (April 14, 2008), regarding reissuance standards for tax-exempt bonds.

Notice 2008-81 (Tax-Exempt Money Market Funds - Temporary Treasury Program to Support Money Market Funds)
This notice relates to a temporary Treasury Department program that makes available certain funds from its Exchange Stabilization Fund on a temporary basis. The Program will not result in any violation of the restrictions against federal guarantees of tax-exempt bonds under section 149(b).

Notice 2008-79 (Tax-Exempt Housing Bonds and 2008 Housing Legislation)
This notice provides guidance relating to amendments made by certain provisions of the Housing Assistance Tax Act of 2008, Division C of Pub. L. No. 110-289, enacted on July 30, 2008 (the “2008 Housing Act”).

Notice 2008-70 (Qualified Forestry Conservation Bonds)
This notice solicits applications for authority to issue qualified forestry conservation bonds (QFCBs) under section 54B(c) of the Internal Revenue Code (the "Code"). There is a national limitation of $500,000,000 on the volume of QFCBs that may be authorized.

Notice 2008-41 (Reissuance Standards for State and Local Bonds)
This notice clarifies, amends, supplements, and supersedes Notice 2008-27, 2008-10 I.R.B. 543 (March 10, 2008), regarding reissuance standards for tax-exempt bonds.

Notice 2008-31 (Voluntary Closing Agreement Program For Tax-Exempt Bonds and Tax Credit Bonds)
This notice provides information about the voluntary closing agreement program for tax-exempt bonds and tax credit bonds("TEB VCAP"). The Notice modifies and supercedes Notice 2001-60, 2001-2 C.B. 304.

Notice 2008-27 (Reissuance Standards for State and Local Bonds)
The IRS and Treasury Dept. expect to issue regulations under section 150 of the Code of 1986 to modify and clarify the determination of when tax-exempt bonds are treated as reissued or retired solely for purposes of section 103 and sections 141 through 150. This Notice provides interim guidance.

Notice 2008-13 (Guidance Under the Preparer Penalty Provisions of the Small Business and Work Opportunity Act of 2007)
In 2008, the Treasury Dept. and IRS intend to revise the regulatory scheme governing tax return preparer penalties. This notice provides interim guidance on the application of the tax return preparer penalties as amended by the Small Business and Work Opportunity Act of 2007, Pub. L. No. 110-28.

2007

Notice 2007-56 (Change of Address for Submission of CREBs Applications)
This notice changes the address for submission by mail of applications for allocations of the national clean renewable energy bond ("CREB") volume limitation allocations under section 54 of the IRC and Notice 2007-26.

Notice 2007-26 (Clean Renewable Energy Bonds)
This notice solicits applications for allocations of the national bond volume limitation authority ("volume cap"), to issue tax credit bonds called "clean renewable energy bonds" ("CREBS") under section 54(f) of the Code to finance clean renewable energy products under section 45. Application for Notice 2007-26 (Clean Renewable Energy Bonds) - Rich Text Format.

Notice 2007-23, 2007-11 I.R.B. 690, Volume Cap Census Numbers for 2007
This notice informs states & other issuers of tax-exempt private activity bonds under section 141, of the proper population figures for calculating the 2007 population based component of the Credit Ceiling (sec. 42(h)(3)(C)(ii)), 2007 Volume Cap (sec. 146), and 2007 Volume Limit (sec. 142(k)(5)).

2006

Notice 2006-93 (Information Reporting Requirements for Payments of Interest on Tax Exempt Bonds)
This notice provides guidance on the new information reporting requirements in section 6049 of the Internal Revenue Code for payments of interest on State or local bonds that are excludable from gross income under section 103 of the Code (tax-exempt interest including exempt-interest dividends).

Notice 2006-65 (Excise Taxes With Respect To Prohibited Tax Shelter Transactions to Which Tax-Exempt Entities are Parties)
The Tax Increase Prevention and Reconciliation Act of 2005 (TIPRA) includes new excise taxes and disclosure rules that target certain potentially abusive tax shelter transactions to which a tax-exempt entity is a party. The amendments have broad application to tax-exempt entities and their managers.

Notice 2006-63 (Record Retention Requirements for Tax Exempt Bonds)
This notice requests comments for developing record retention standards, including recordkeeping limitation programs, for tax-exempt bond issues. The IRS is seeking comments on managing any burdens potentially associated with the record retention requirements that apply to issuers & other parties.

Notice 2006-45, I.R.B. 2006-20 (0515/2006) (Exempt Facility Bonds for Qualified Highway or Surface Freight Transfer Facilities)
This notice provides guidance to the issuers of State and local bonds on qualified highway or surface freight transfer facilities under sections 142(a)(15) and 142(m) of the Internal Revenue Code. This Notice also provides guidance to issuers regarding the information reporting requirements.

Notice 2006-41 (Gulf Opportunity Zone Bonds, Gulf Opportunity Zone Advance Refunding Bonds and Gulf Tax Credit Bonds)
This notice provides guidance with respect to the information reporting requirements applicable to Gulf Opportunity Zone Bonds, Gulf Opportunity Zone Advance Refunding Bonds, & Gulf Tax Credit Bonds issued pursuant to section 1400N of the Internal Revenue Code. The notice also provides additional guidance with respect to the credit rate and arbitrage requirements applicable to the Gulf Tax Credit Bonds.

Notice 2006-21, 2006-12 IRB 643 (GO Zone Resident Population Estimates)
This notice informs the states of Alabama, Louisiana and Mississippi of their state population portion in the GO Zone to determine the Gulf Opportunity housing amount (under 1400N(c)(1)(B) and maximum aggregate face amount of qualified Gulf Opportunity Zone Bonds (under sec. 1400N(a)(3) of the Code.

Notice 2006-7 (Additional Guidance re: Clean Renewable Energy Bonds-CREBS)
This notice provides additional guidance with respect to facilities that may be financed with the proceeds of CREBs under Code Section 54(a) In addition, guidance is provided with regard to the entities that may own facilities financed with these bonds as well as entities that may issue CREBS.

2005

Notice 2005-98 (Clean Renewable Energy Bonds)
This notice solicits applications for allocations of the clean renewable energy bond limitation under section 54(f) of the IRC. The Notice also provides guidance on the requirements a project must meet in order to be eligible to obtain an allocation of the limitation.

Notice 2005-48 (Brownfields Demonstration Program for Qualified Green Building and Sustainable Design Projects)
This notice solicits applications for designation of a project as a qualified green building and sustainable design project under IRC 142(l) and provides guidance on the requirements a project must meet in order to be eligible for designation as a qualified project.

Notice 2005-47 Application of Circular 230 to State or Local Bond Opinions
This notice provides (1) interim guidance relating to the definition of State or local bond opinion in section 10.35(b)(9) of Circular 230 and (2) information on changes to the requirements that are under consideration for state or local bond opinions.

Notice 2005-28 ("Green Bonds" Extension)
This notice extends the deadline by which State and local governments may nominate projects for designation by the Secretary as qualified green building and sustainable design projects under section 142(l) of the Internal Revenue Code.

2004

Notice 2004-21, 2004-11 I.R.B. 609 [Volume Cap Census Numbers for 2004]
Populations of the 50 states, District of Columbia, Puerto Rico and the insular areas are provided for purposes of determining the 2004 private activity bond volume cap under section 146, private activity bond volume limit under section 142(k)(5) and state housing credit ceiling under section 42(h).

2003

Notice 2003-42 , 2003-28 I.R.B. 49 (0714/2003) (Deadline for issuing authority to reassign volume cap to another authority) (06/26/2003)
This notice provides guidance to issuing authorities on the deadline for assigning private activity bond volume cap under IRC section 146(e). It clarifies that the deadline for an issuing authority to assign any portion of its volume cap to another issuing authority in the state is the earlier of (1) February 15 of the calendar year following the year in which the state ceiling represented by that volume cap arises, or (2) the date of issue of bonds issued pursuant to the assignment of that portion of the volume cap.

Notice 2003-41, 2003-28 I.R.B.49 (Deadline for allocation of volume cap) (07/14/2003)
This notice provides guidance to state authorities responsible for allocating private activity bond state ceiling under IRC section 146(e). It clarifies that the deadline for allocating any portion of the state ceiling under section 146(e) is the earlier of (1) February 15 of the calendar year following the year in which the state ceiling arises, or (2) the date of issue of bonds issued pursuant to an allocation of that portion of the state ceiling.

Notice 2003-40, 2003-27 I.R.B. 10
This Notice sets forth guidance, in a question & answer format, with regard to IRC section 1400L(d).

2002

Notice 2002-73, 2002-46 I.R.B. 844
This notice clarifies the circumstances in which a state or local bond is treated as issued by the New York City Municipal Water Finance Authority (NYCMWFA) or the Metropolitan Transportation Authority of the State of New York (MTA) for purposes of IRC section 1400L(e)(2)(B).

Notice 2002-56, 2002-32 I.R.B. 319
This document notifies states and other issuers of qualified exempt facility bonds described in section 142(a)(13) of the Code of the proper population figures to be used for calculating the limitation under section 142(k0(5) of the annual aggregate face amount of tax-exempt bonds described in section 142(a)(13).

Notice 2002-52, 2002-30 I.R.B. 187
This notice clarifies proposed regulations (REG-105369-00, 2002-18 I.R.B. 828) under sections 141 and 148 of the Code relating to certain natural gas payments. For purposes of section 1.148-1(e0(2)(ii)(C) of the proposed regulations, the notice provides that a natural gas commodity swap contract will not fail to be an independent contract solely because the swap contract may terminate in the event of a failure of a gas supplier to deliver gas for which the swap contract is a hedge. The notice requests comments on the limitations on commodity swap contracts contained in the proposed regulations.

Notice 2002-42, 2002-27 I.R.B 36This Notice provides guidance concerning Qualified New York Liberty Bonds and Liberty Advance Refunding Bonds.

Notice 2002-10, 2002-6 I.R.B. 490
This notice clarifies that the use of gross proceeds of qualified 501(c)(3) bonds to acquire investments in a manner that complies with section 148 is not an unrelated trade or business under section 145(a)(2) and does not result in income from debt-financed property within the meaning of section 514. The notice does not affect the determination of whether the use of property financed with expenditures of bonds is an unrelated trade or business for purposes of section 145(a)(2) or results in unrelated business taxable income under section 512.

2001

Notice 2001-60, 2001-40 I.R.B. 304

This notice provides information about a closing agreement program for tax-exempt bonds (TEB VCAP). TEB VCAP provides a mechanism whereby issuers of tax-exempt bonds who come forward on a voluntary basis can resolve violations of the Code by entering into closing agreements with the Service. Comments are requested on TEB VCAP and on how the Service can expand its efforts to encourage voluntary compliance with the Code.

Notice 2001-49, 2001-34 I.R.B. 188
This notice proposes a revenue procedure that sets forth a safe harbor under which an issue of tax or revenue anticipation bonds will not be treated as outstanding longer than is reasonably necessary to accomplish the governmental purposes of the bonds under section 1.148-10(a)(4) of the regulations. The proposed procedure will apply to bonds sold after the date the procedure is published in the Internal Revenue Bulletin in final form. However, issuers may rely on the proposed procedure with respect to any issue of tax or revenue anticipation bonds that is sold before the effective date of the proposed revenue procedure and on or after August 3, 2001.

1988

Notice 88-130, 1988-2 C.B. 543 
This notice provides guidance to issuers of state and local bonds concerning regulations to be issued under section 150 of the Internal Revenue Code providing rules for determining when such bonds will be considered retired and, in some cases, reissued solely for purposes of section 103 and 141-150.

Page Last Reviewed or Updated: 15-Jan-2014