Municipal Bonds, 2012–2013

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Municipal Bonds, 2012–2013

by Kelly Dauberman and Aaron Barnes

O

verall municipal bond issuances fell from $496.0 billion in

2012 to $422.4 billion in 2013 (Figure A).1 The majority

of municipal bond issuances in 2012 and 2013 came from

tax-exempt bonds. Because of this, the article will mainly focus

on the tax-exempt bond issuances for those years. At the end

of the article, there is an additional section on credit payments

made to issuers of direct payment bonds from 2009 to 2013.2

However, the article excludes analysis of direct payment and

tax credit bonds due to their low overall issuances during this

period.

State and local governments issue tax-exempt bonds to finance operational and infrastructure needs.3 Tax-exempt bonds

have a longstanding history and provide bondholders (investors) interest payments exempt from Federal taxation and,

often, State and local taxation. Tax-exempt bonds are classified

as either “governmental” or “private activity,” depending on

whether the proceeds are used and secured by public or private

entities and resources.

The tax-exempt bond data presented here are compiled

from the populations of Forms 8038, Information Return for

Tax-Exempt Private Activity Bond Issues, and Forms 8038-G,

Information Return for Tax-Exempt Governmental Obligations,

filed with the Internal Revenue Service (IRS) for bonds issued

during the given calendar years.4 Data for issuers of direct payment bonds requesting credit payments are based on the population of Forms 8038-CP, Return for Credit Payments to Issuers

of Qualified Bonds, filed in a given calendar year.

The following sections discuss several defining characteristics of tax-exempt bonds and provide an overview of the market

for tax-exempt bonds during the 2-year period 2012 through

2013.

Background Information on Tax-Exempt Bonds

When a bond is issued, the issuer is obligated to repay the

borrowed funds at a specified interest rate, by a specific date.

For Federal income tax purposes, investors who purchase governmental bonds and certain types of qualified private activity bonds are able to exclude the interest they earn from their

gross incomes.5,6 This tax exemption lowers the borrowing cost

incurred by the issuers, since holders of

This tax

tax-exempt bonds are generally willing to

exemption lowers

accept an interest rate that is lower than

the borrowing cost

that earned on comparable taxable bonds. 7

incurred by the isThe “spread” between high-grade municisuers, since holders

pal bonds and high-grade corporate bonds

of tax-exempt bonds

varied from 0.5 percent to 1.5 percent,

are generally willing

depending on the bonds’ maturity dates.

to accept an interest

Spread is a measure of the difference berate that is lower

tween the two investment yields. Investors

than that earned on

in higher tax brackets have a greater tax

comparable taxable

incentive to invest in tax-exempt bonds

bonds.

than investors in lower brackets because

the required yield on a taxable bond needs

to be even greater than a tax-exempt bond for a comparable

after-tax benefit.8

Tax-exempt bonds fall into two classifications: “governmental” or “private activity.” Governmental bond proceeds finance

government operations, facilities, and services for general public

Highlights for 2012 and 2013

•• Municipal bond issuances totaled $918.4 billion, 99.6 percent of

which were tax-exempt bonds.

•• Governmental bonds financed almost $729.6 billion in public

projects such as schools, transportation infrastructure, and utilities in 2012 and 2013, while private activity bonds accounted for

the remaining 20.3 percent of all tax-exempt bonds over the same

period.

•• Long-term bonds accounted for more than 80 percent of all governmental bonds and over 99 percent of all private activity bonds

issued in 2012 and 2013.

•• Over three-fifths (61 percent) of all long-term, governmental bond

proceeds financed education, utilities, and transportation projects

in 2012 and 2013, and nearly two-thirds (63.9 percent) of long-term

private activity bonds financed qualified section 501(c)(3) bonds.

•• The top 5 States issued 43.1 percent of the total “new money” longterm tax-exempt governmental bonds.

For Calendar Year 2011 data, see Barnes, Aaron, “Municipal Bonds, 2011,” Statistics of Income Bulletin, Summer 2014.

Issuers of direct payment bonds and specified tax credit bonds may request credit payments from the Treasury based upon interest payments made to bondholders using Form 8038-CP.

The term “State” includes the District of Columbia and any possessions of the United States. The term “State” also includes Federally recognized Indian Tribal governments.

4

Bond issuers were required to file these information returns by the 15th day of the second calendar month after the close of the calendar quarter in which the bond was issued.

5

In addition, for State income tax purposes, most States allow for the exclusion of interest on bonds issued by government agencies within their own States, thus increasing the benefit to the

bondholder.

6

The extent of exclusion of interest income can vary with taxpayer characteristics. For example, banks and insurance companies may be limited as to how much tax-exempt interest they can

exclude.

7

The interest exclusion for tax-exempt bonds is not allowed for arbitrage bonds or unregistered bonds. An arbitrage bond is one in which any portion of the proceeds is used to purchase higheryielding investments or is used to replace proceeds that have been used to purchase higher-yielding investments. Certain rules allow for arbitrage earnings with respect to tax-exempt bonds

within a specified period, as long as these earnings are rebated to the Department of the Treasury.

8

For more information on taxable and tax-exempt rate comparisons see: http://www.investinginbonds.com/learnmore.asp?catid=8&subcatid=53&id=206.

1

2

3

Statistics of Income Bulletin | Spring 2016

www.irs.gov/taxstats

Municipal Bonds, 2012–2013

Figure A

Tax-Exempt, Taxable Direct Payment, and Tax Credit Bonds, 2011–2013

[Money amounts are in millions of dollars]

2011

2012

2013

Number

Amount

Percentage

of total amount

Number

Amount

Percentage

of total amount

Number

Amount

Percentage

of total amount

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

24,282

390,629

100.0

27,926

496,047

100.0

26,162

422,391

100.0

23,612

384,257

98.4

27,652

493,800

99.5

25,995

421,131

99.7

Taxable direct payment bonds [2]

614

6,156

1.6

239

2,155

0.4

93

1,016

0.2

Tax credit bonds [3]

56

216

[4]

35

92

[4]

74

244

0.1

Type of bond

Total [1]

Tax-exempt bonds

[1] Includes combined data from all governmental, private activity bond, and specified tax credit and tax credit bond returns (Form 8038-G, Information Return for Tax-Exempt Governmental Obligations; Form

8038, Information Return for Tax-Exempt Private Activity Bond Issues ; and Form 8038-TC, Information Return for Tax Credit Bonds and Specified Tax Credit Bonds ).

[2] Includes specified tax credit bonds reported on Form 8038-TC that indicate the issuer elected to apply section 6431(f) to receive a refundable credit in lieu of tax credits under section 54(A). Issuers who elect

to apply section 6431(f) are eligible to receive Federal direct payments and the bonds are classified as "taxable direct payment bonds" for purposes of this table.

[3] Excludes bonds reported on Form 8038-TC that indicate the issuer elected to apply section 6431(f) to receive a refundable credit in lieu of tax credits under section 54(A). See footnote 2, above.

[4] Less than 0.05 percent.

NOTE: Detail may not add to totals because of rounding.

SOURCE: IRS, Statistics of Income Division, Tax-Exempt Bonds, November 2015.

use. Governmental sources pay the debt service on these bonds.9

Private activity bonds are issued by, or on behalf of, State or

local governments to finance a project sponsored by a private

user. Since private activity bond proceeds are used by one or

more private entities, the debt service is paid or secured by one

or more private entities.10 Interest income on most private activity bonds is taxable. However, Congress has deemed certain

types of private activities necessary for the public good and,

therefore, interest earned on “qualified private activity bonds,”

as defined in IRC section 141(e), is generally tax exempt. 11,12

The total annual amount of tax-exempt bond issuances for the

years covered in this article was $493.8 billion (Calendar Year

2012) and $421.1 billion (Calendar Year 2013). During this

time, governmental bonds accounted for roughly 80 percent of

total tax-exempt bond proceeds, while private activity bonds accounted for the remaining 20 percent.

or other capital improvement projects. Of the tax-exempt governmental bonds issued in 2012 ($389.8 billion) and 2013

($339.7 billion), long-term bonds accounted for $324.3 billion

and $283.4 billion. This made up more than four-fifths (83.2

percent and 83.4 percent) of all governmental bond proceeds.

Tax-exempt bonds issued for short-term projects accounted

for nearly 17 percent of governmental bond issuances and less

than 1 percent of the private activity issuances. Most short-term

governmental bonds are issued in the form of tax anticipation

notes (TANs), revenue anticipation notes (RANs), or bond anticipation notes (BANs). TANs and RANs generally mature

within 1 year of issuance, at which time the proceeds are paid

from specific tax receipts or other revenue sources. BAN proceeds are typically used to pay for start-up costs associated with

a future, long-term, bond-financed project. A renewal BAN can

be issued on maturity of an outstandLong-term

ing

BAN, until the proceeds of the

bonds make up

future

bond issue are used to pay off,

the majority of the

or

retire,

the outstanding BAN. In total,

tax-exempt bond

BANs,

TANs,

and RANs accounted for

market because they

almost

$62.1

billion

in 2012 and $55.5

are generally used to

billion

in

2013,

or

nearly

15.9 percent

finance construction

(2012)

and

16.3

percent

(2013)

of the

or other capital im13

total

governmental

bond

proceeds.

provement projects.

Most Tax-Exempt Bonds Are Long-Term Issuances

Bonds are classified as either short term or long term, depending

on the length of time from issuance to maturity. Bonds typically

classified as short term mature in less than 13 months, while

bonds classified as long term mature in 13 months or more.

Long-term bonds make up the majority of the tax-exempt bond

market because they are generally used to finance construction

See section 7871(c) of the Internal Revenue Code for tax-exempt bond requirements for Indian Tribal governments.

Section 141(a) of the Internal Revenue Code (IRC) provides that the term private activity bond means any bond issued as part of an issue that meets: 1) the private business tests set forth in

the IRC section 141(b); or 2) the private loan financing test set forth in IRC section 141(c). The private business tests of IRC section 141(b) define a bond as a private activity bond if both of the

following criteria are met: 1) more than 10 percent of the bond proceeds are used for a private business purpose; and 2) more than 10 percent of the bond debt service is derived from private

business use and is secured by privately used property. The private loan-financing test of IRC section 141(c) defines a bond as a private activity bond if the amount of proceeds used to (directly

or indirectly) finance loans to nongovernmental persons exceeds the lesser of $5 million or 5 percent of the proceeds.

11

Tax-exempt private activity bonds include exempt facility bonds, qualified mortgage bonds, qualified veterans’ mortgage bonds, qualified small issue bonds, qualified student loan bonds,

qualified redevelopment bonds, and qualified section 501(c)(3) bonds, all of which are defined in the “Explanation of Terms” section of this article. Examples of exempt facilities include airports;

docks and wharves; sewage facilities; solid waste disposal facilities; qualified residential rental projects; and facilities for the local furnishing of electricity or gas. Qualified section 501(c)(3)

bonds are issued by State and local governments to finance the activities of charitable and similar organizations that are tax exempt under IRC section 501(c)(3). The primary beneficiaries of

these bonds are hospitals, universities, and organizations that provide low-income housing or assisted living facilities.

12

The interest income from qualified private activity bonds (other than qualified section 501(c)(3) bonds) is considered a tax preference for the alternative minimum tax calculations.

13

Data compiled for BAN/RAN/TAN include short-term issues and are not comparable to tables found in the SOI Tax Stats Tax-Exempt Bonds Statistics Webpage.

9

10

Statistics of Income Bulletin

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Spring 2016

Municipal Bonds, 2012–2013

Figure B

Long-Term Governmental Bonds Issued, by Type and Issue Year,

2009–2013

Figure C

Long-Term Private Activity Bonds Issued, by Type and Issue Year,

2009–2013

[Billions of dollars]

[Billions of dollars]

350

140

$324.3

$123.6

$283.4

300

120

$262.4

250

$232.5

$217.3

$195.4

200

150

$151.1

$111.4

$60.3

60

$118.4

$122.6

$114.1

$94.6

$128.9

$86.0

$138.6

40

$52.2

$63.3

$60.2

$45.5

$43.5

$43.3

$50.6

$37.5

$40.5

20

50

0

2010

2011

2012

2009

2013

2010

Issue year

All issues

New money proceeds

2011

2012

2013

Issue year

Refunding proceeds

All issues

New money proceeds

Refunding proceeds

NOTE: Detail may not add to totals because of rounding.

SOURCE: IRS, Statistics of Income Division, Tax-Exempt Bonds, November 2015.

NOTE: Detail may not add to totals because of rounding.

SOURCE: IRS, Statistics of Income Division, Tax-Exempt Bonds, November 2015.

Refunding Bond Issuances Increased Sharply in 2012

Then Declined in 2013

Most Long-Term, Tax-Exempt Bonds Are Issued for a

Few Select Purposes

Total bond issuances are composed of both nonrefunding (“new

money”) issues and refunding issues. New money proceeds

finance new capital projects, while refunding proceeds retire

outstanding bonds. During the refunding process, newly issued

bond proceeds are used to pay off the outstanding balance of

a previously issued bond(s). A bond issue can include both

new money and refunding proceeds. Figures B (governmental)

and C (private activity) show total long-term bond issuances,

as well as their distribution between new money and refunding proceeds, between 2009 and 2013. Within Figure B, 2012

stands out as a peak year, with long-term governmental bond issuances totaling $324.3 billion, an increase of 39.5 percent over

2011. Long-term private activity bond issuances increased 20.3

percent from 2011 to 2012; however, the 2012 bond issuance

amount remained below its 2010 level (Figure C). These increases in bond issuances in 2012 were largely driven by an increase in refunding issues, which may be due to State and local

governments taking advantage of the low interest rate environment. Moreover, interest rates were also near historical lows in

2013, and refunding bond issuances decreased in that year. One

possible explanation is that there were fewer refunding opportunities, due to the prolonged period of low interest rates, so

refunding volumes declined.

14

$81.1

80

$144.8

100

0

2009

$103.5

$102.8

100

Figures D (governmental) and E (private activity) each display

long-term, tax-exempt bond proceeds by selected purpose and

type of issue for 2012 and 2013. In both years, more than 60

percent of long-term, governmental bond proceeds financed

education, utilities, and transportation projects (Figure D). In 2012 and 2013 comMore than

bined, States and local governments used 60 percent of

29.4 percent of proceeds for “other bond long-term, govpurposes” not separately allocated by the ernmental bond

issuer, or for issues that do not apply to proceeds financed

any of the specific purposes listed on Form education, utili8038-G. For example, filers often catego- ties, and transporrize bonds for capital improvements, which tation projects.

are bonds issued to fund multiple purposes,

in the other bond purpose line.

Qualified 501(c)(3) bonds are private activity bonds issued

by 501(c)(3) organizations that meet the requirements of section

145(a). Generally, a 501(c)(3) organization must be organized

and operated exclusively for educational, religious, or charitable purposes, and no part of the organization’s net earnings

may inure to or for the benefit of any private shareholders or individuals.14 Two types of qualified 501(c)(3) bonds—qualified

hospital bonds and qualified nonhospital bonds—accounted for

For additional information on qualified section 501(c)(3) private activity bonds, see https://www.irs.gov/pub/irs-pdf/p4077.pdf.

Statistics of Income Bulletin

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Spring 2016

Municipal Bonds, 2012–2013

Figure D1

Long-Term Tax-Exempt Governmental Bonds, by Selected Bond Purpose and Type of Issue, 2012

[Billions of dollars]

120

100

80

$58.4

60

$60.4

40

$29.4

20

0

$39.3

Other purposes [1]

$34.4

Education

$32.0

$22.6

$18.0

$9.7

$7.8

$2.7

Transportation

Utilities

Environment

Public safety

$2.4

$4.0

$1.8

Health and hospital

Bond purpose

New money proceeds

Refunding proceeds

Figure D2

Long-Term Tax-Exempt Governmental Bonds, by Selected Bond Purpose and Type of Issue, 2013

[Billions of dollars]

90

80

70

60

$42.2

$40.1

50

$18.1

40

30

20

$22.3

$41.9

$39.4

10

0

$31.5

$15.4

Education

Other purposes [1]

Transportation

Utilities

$9.3

$3.8

$7.2

Environment

$3.1

Health and hospital

$1.9

$3.1

Public safety

Bond purpose

New money proceeds

Refunding proceeds

[1] "Other purposes" refers to obligations for which a specific purpose either did not apply or was not clearly indicated on the Form 8038-G. It does not include specific purposes, such as housing and

bond and tax/revenue anticipation notes, that are not shown separately in this figure. See Table 2.

SOURCE: IRS, Statistics of Income Division, Tax-Exempt Bonds, November 2015.

Statistics of Income Bulletin

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Spring 2016

Municipal Bonds, 2012–2013

Figure E1

Long-Term Tax-Exempt Private Activity Bonds, by Selected Bond Purpose and Type of Issue, 2012

[Billions of dollars]

40

35

30

25

$22.2

20

$21.0

15

10

$12.4

5

0

$1.4

$7.0

$11.1

$5.6

$2.2

Qualified section 501(c)(3)

nonhospital

Qualified hospital facility

Airports

Qualified residential rental

facility

$3.4

$2.6

Qualified mortgage

Bond purpose

New money proceeds

Refunding proceeds

Figure E2

Long-Term Tax-Exempt Private Activity Bonds, by Selected Bond Purpose and Type of Issue, 2013

[Billions of dollars]

35

30

25

$17.1

20

15

$11.5

10

$15.5

5

0

Qualified section 501(c)(3)

nonhospital

$1.8

$7.2

$6.4

Qualified hospital facility

Qualified residential rental

facility

$4.0

$1.4

$3.1

$1.9

Airports

Qualified mortgage

Bond purpose

New money proceeds

Refunding proceeds

SOURCE: IRS, Statistics of Income Division, Tax-Exempt Bonds, November 2015.

Statistics of Income Bulletin

5

Spring 2016

Municipal Bonds, 2012–2013

nearly two-thirds of long-term, private activity bond proceeds

in both 2012 (64.4 percent) and 2013 (63.3 percent). However,

total qualified hospital facility bond issuances decreased by 41.7

percent, from $32.1 billion in 2012 to $18.7 billion in 2013

(Figure E).

Figure F

States with Largest Decreases and Increases in Amount of New

Money Long-Term Tax-Exempt Governmental Bonds Issued, 2012

and 2013

[Billions of dollars]

State of issue

2012

amount

2013

amount

Change in

amount

Percentage

change in

amount

(4)

(1)

(2)

(3)

All States, total

States with

decreases:

128,877

144,824

15,947

12.4

Virginia

4,711

3,076

-1,635

-34.7

Colorado

3,640

2,081

-1,559

-42.8

Pennsylvania

7,847

6,608

-1,239

-15.8

Illinois

6,245

5,468

-777

-12.4

Nebraska

States with

increases:

1,595

855

-740

-46.4

California

12,892

20,442

7,550

58.6

New York

14,068

16,498

2,430

17.3

Texas

12,896

15,090

2,194

17.0

New Jersey

3,205

4,876

1,671

52.1

Oregon

1,196

2,503

1,307

109.3

States with Large Populations Issue Most Tax-Exempt

Bonds

Figure F presents data for States with the largest net decreases

and net increases in the dollar amount of new money long-term,

tax-exempt governmental bonds issued in 2012 and 2013. Large

changes in this type of bond issuance may indicate a change in

State-level investment in new capital projects. For all the States,

total new money long-term, governmental bond proceeds increased slightly more than $15.9 billion (12.4 percent) from

2012 to 2013, rising to $144.8 billion. Virginia and Colorado

decreased their net proceeds in dollar terms by more than all

other States in 2013. California increased (by $7.6 billion) its

net proceeds more than all other States, issuing $20.4 billion in

2013.

The amount of governmental bond proceeds for the top 15

States in terms of total dollar volume of new money long-term,

tax-exempt bonds issued for 2012 and 2013 combined was 69.8

percent of the $273.7 billion total (Figure G). Authorities in the

SOURCE: IRS, Statistics of Income Division, Tax-Exempt Bonds, November 2015.

Figure G

New Money Long-Term Tax-Exempt Governmental Bond Proceeds, by Selected Bond Purpose, for Top 15 States, Ranked by Total

Issuances, 2012 and 2013 Combined [1]

[Money amounts are in millions of dollars]

Selected bond purpose

State of issue

Total

amount

Other purposes [2]

Amount

Percent of

State total

(3)

Education

Utilities

Transportation

Amount

Percent of

State total

(4)

(5)

Amount

Percent of

State total

(6)

(7)

Environment

Amount

Percent of

State total

Amount

Percent of

State total

(8)

(9)

(10)

(11)

(1)

(2)

All States, total

273,701

94,848

34.7

76,320

27.9

54,124

19.8

33,391

12.2

15,016

5.5

California

33,334

7,999

24.0

12,810

38.4

5,879

17.6

5,073

15.2

1,574

4.7

New York

30,566

18,525

60.6

2,489

8.1

8,773

28.7

503

1.6

276

0.9

Texas

27,986

6,517

23.3

9,464

33.8

5,320

19.0

6,455

23.1

229

0.8

Pennsylvania

14,455

7,480

51.7

2,404

16.6

2,173

15.0

580

4.0

1,817

12.6

Illinois

11,713

3,575

30.5

3,355

28.6

3,502

29.9

597

5.1

685

5.8

Ohio

10,029

2,578

25.7

3,606

36.0

1,749

17.4

1,837

18.3

261

2.6

Washington

8,583

2,787

32.5

2,099

24.5

2,101

24.5

979

11.4

617

7.2

Florida

8,480

3,389

40.0

1,050

12.4

2,542

30.0

1,257

14.8

242

2.9

New Jersey

8,081

1,872

23.2

1,615

20.0

d

d

64

0.8

187

2.3

Virginia

7,787

2,328

29.9

2,405

30.9

2,103

27.0

481

6.2

468

6.0

Massachusetts

7,429

3,279

44.1

1,959

26.4

1,481

19.9

186

2.5

523

7.0

Connecticut

6,011

2,167

36.1

1,838

30.6

1,457

24.2

246

4.1

302

5.0

Maryland

5,897

1,941

32.9

1,614

27.4

918

15.6

66

1.1

1,358

23.0

Colorado

5,721

753

13.2

2,311

40.4

1,618

28.3

565

9.9

d

d

Minnesota

4,983

2,265

45.5

1,185

23.8

985

19.8

346

6.9

203

4.1

d—Data deleted to avoid disclosure of information about specific bonds. However, the data are included in the appropriate totals.

[1] Figure includes bonds issued during 2012 and 2013 and reported on the Form 8038-G.

[2] "Other purposes" refers to obligations for which a specific purpose either did not apply or was not clearly indicated on the Form 8038-G. It does not include specific purposes, such as public safety and

housing, that are not shown separately in this figure. See Table 2.

SOURCE: IRS, Statistics of Income Division,Tax-Exempt Bonds, November 2015.

Statistics of Income Bulletin

6

Spring 2016

Municipal Bonds, 2012–2013

top 5 States—California, New York, Texas, Pennsylvania, and

Illinois—issued about $118.1 billion (43.1 percent) of the total

proceeds during the 2-year period. According to 2013 Census

estimates, these 5 States accounted for almost 34.8 percent of

the total U.S. population.15

Figure H presents States with the largest net decreases and

net increases in the amount of new money long-term, tax-exempt private activity bonds for 2012 and 2013. For all States,

total new money long-term, tax-exempt private activity bond

proceeds decreased by approximately $5.7 billion (down 13.2

percent). Iowa accounted for the largest net decrease ($1.8 billion) in bond proceeds, while Colorado had the largest net increase ($949 million).

New money long-term, tax-exempt private activity bonds

issued for the top 15 States during 2012 and 2013 combined

accounted for 72.8 percent of the $80.8 billion total proceeds

(Figure I).16 Authorities in the following top 5 States issued

almost $30.1 billion (37.3 percent) of the total proceeds:

California (11.3 percent), New York (8.5 percent), Texas (8.0

percent), Pennsylvania (4.8 percent), and Indiana (4.7 percent).

According to 2013 Census estimates, these 5 States accounted

for almost 32.8 percent of the total U.S. population.

Figure H

States with Largest Decreases and Increases in Amount of New

Money Long-Term Tax-Exempt Private Activity Bonds, 2012 and

2013

[Money amounts are in millions of dollars]

2012

amount

2013

amount

Change in

amount

Percentage

change in

amount

(1)

(2)

(3)

(4)

43,259

37,545

-5,714

-13.2

Iowa

2,365

505

-1,860

-78.6

Virginia

2,627

796

-1,831

-69.7

Indiana

2,517

1,251

-1,266

-50.3

California

4,973

4,141

-832

-16.7

1,971

1,148

-823

-41.8

Colorado

787

1,736

949

120.6

New Jersey

716

1,265

549

76.7

New York

3,169

3,662

493

15.6

Massachusetts

1,597

2,027

430

26.9

666

1,038

372

55.9

State of issue

All States, total

States with decreases:

Ohio

States with increases:

Maryland

NOTE: Some States were excluded due to disclosure.

SOURCE: IRS, Statistics of Income Division,Tax-Exempt Bonds, November 2015.

Figure I

New Money Long-Term Tax-Exempt Private Activity Bond Proceeds, by Selected Bond Purpose, for Top 15 States, Ranked by Total

Issuances, 2012 and 2013 Combined [1]

[Money amounts are in millions of dollars]

Selected bond purpose

State of issue

Total

amount

(1)

Qualified section 501(c)(3)

nonhospital

Qualified hospital

facility

Qualified residential

rental facility

Amount

Percent

of State total

Amount

Percent

of State total

Amount

Percent

of State total

(2)

(3)

(4)

(5)

(6)

(7)

All States, total

80,804

27,893

34.5

18,285

22.6

11,968

California

9,114

3,936

43.2

d

d

2,631

14.8

28.9

New York

6,831

2,142

31.4

650

9.5

3,699

54.2

Texas

6,491

1,439

22.2

d

d

d

d

Pennsylvania

3,915

2,053

52.4

1,356

34.6

167

4.3

Indiana

3,768

544

14.4

d

d

107

2.8

Massachusetts

3,624

1,526

42.1

604

16.7

892

24.6

Florida

3,614

1,827

50.6

449

12.4

357

9.9

Virginia

3,423

d

d

760

22.2

253

7.4

4.3

Ohio

3,119

635

20.4

2,009

64.4

135

Iowa

2,870

386

13.4

316

11.0

d

d

Illinois

2,793

1,329

47.6

853

30.5

255

9.1

Wisconsin

2,587

1,222

47.2

813

31.4

d

d

Colorado

2,523

1,317

52.2

d

d

186

7.4

Washington

2,191

235

10.7

d

d

491

22.4

New Jersey

1,981

309

15.6

335

16.9

d

d

d—Data deleted to avoid disclosure of information about specific bonds. However, the data are included in the appropriate totals.

[1] Figure includes bonds issued during 2012 and 2013 and reported on the Form 8038.

SOURCE: IRS, Statistics of Income Division,Tax-Exempt Bonds, November 2015.

The resident population estimates for July 1, 2013, were produced by the U.S. Bureau of the Census and are available at http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.

xhtml?src=bkmkxls.

Given that qualified private activity bond authority is generally allocated to States based on population, States with larger populations are more likely to appear in Figure I.

15

16

Statistics of Income Bulletin

7

Spring 2016

Municipal Bonds, 2012–2013

56.2 percent of proceeds refunded prior tax-exempt private activity bond issues.

Summary

Overall bond issuances fell from $496.0 billion in 2012 to

$422.4 billion in 2013. The majority of municipal bond issuances in 2012 and 2013 came from the nearly 25,000 tax-exempt governmental bonds issued in 2012 and 23,000 issued

in 2013. These governmental bonds raised a combined total of

almost $729.5 billion of proceeds for public projects pertaining

to schools, transportation, infrastructure, and utilities in 2012

and 2013. Of the combined 2012 and 2013 total of $607.7 billion for long-term governmental bonds issued, just over $273.7

billion (45 percent) of proceeds financed new projects, while

the remaining $334.0 billion (55 percent) of proceeds were

used to refund prior governmental bond issues. In addition,

approximately 5,700 tax-exempt private activity bonds were

issued in 2012 and 2013, for a total of almost $185.4 billion

in proceeds. These tax-exempt private activity bond proceeds

financed projects for qualified private facilities (such as residential rental facilities, single-family housing, and airports), as well

the facilities of IRC section 501(c)(3) organizations (hospitals

and private universities, for example). Just over 43.8 percent

of proceeds of long-term private activity bonds issued ($184.6

billion) were used to finance new projects, while the remaining

Data Sources and Limitations

SOI based the data presented in this article on the populations

of Forms 8038, 8038-G, and 8038-TC filed with the Internal

Revenue Service for bonds issued during Calendar Years 2012

and 2013. Tax-exempt bond data exclude returns filed for commercial paper transactions, as well as issues that are loans from

the proceeds of another tax-exempt bond issue, an arrangement known as pooled financing. Data for tax credit bonds and

specified tax credit bonds were compiled from Forms 8038-TC.

Data for credit payments were compiled from the population

of Forms 8038-CP filed for interest paid to bondholders during

Calendar Years 2009 through 2013.

Bond issuers were required to file Forms 8038, 8038-G, and

8038-TC by the 15th day of the second calendar month after the

close of the calendar quarter in which the bond was issued. The

filing deadline for Form 8038-CP varied based on the structure

of the interest payments. In an effort to include as many applicable returns for a particular year as possible, each of the respective study periods extended well beyond established filing

deadlines. The Forms 8038, 8038-G, and 8038-TC data include

Credit Payment to Issuers of Direct Payment Bonds

The American Recovery and Reinvestment Act (ARRA)

autho­rized direct payment bond issuance through the Build

America Bonds (BAB) and the Recovery Zone Economic

Development Bond (RZED) programs. These programs were

created to pro­vide an incentive for State and local governments to undertake new capital projects during a period of

national recession. ARRA allowed issuers of these bonds to

elect (in lieu of issuing tax-credit bonds) to receive a direct refundable credit payment from the Federal government equal

to a percentage of the in­terest payments made to bondholders. The bond programs authorized by ARRA expired for new

issues on January 1, 2011; however, issuers of bonds created

under ARRA continue to request credit payments for previously issued bonds by filing Form 8038-CP, Return for Credit

Payments to Issuers of Qualified Bonds. Direct payment bond

issuers are required to file Form 8038-CP to request credit

payments as interest payments are made throughout the term

of the bond.

The Hiring Incentives to Restore Employment Act of 2010

(HIRE), enacted on March 18, 2010, extended the direct payment provision to certain issuers of specified tax credit bonds.

In lieu of issuing bonds with a tax credit to the bondholder,

issuers of specified tax credit bonds may elect to receive a

Federal direct payment on an interest payment date equal

to a certain percentage of the interest paid.17 Once an issuer

elected to treat a bond as a direct payment bond, the bondholders received taxable interest payments from the issuer,

instead of a tax credit.

Figure J includes credit payment requests to issuers of

direct payment bonds from 2009 through 2013. Since the inception of the Form 8038-CP, the number of returns, as well

as the amount of credit payment outlays, have steadily grown.

In 2009, only issuers of BABs and RZEDs were able to file

the Form 8038-CP. A small number of QZABs and QSCBs

were filed in 2010.18 As of December 31, 2010, no new BABs

or RZEDs were permitted, so the number and amount of

credit payment requests have remained relatively constant

from 2011 (nearly $3.8 billion) to 2013 (slightly more than

$3.9 billion). The number and amount of credit payment requests for BABs and RZEDs are anticipated to decrease over

time as bonds mature, issuers refund the debt, and as credit

payment requests decrease in amount due to principal reduction. In contrast, issuers of specified tax credit bonds may

still be eligible to issue bonds, so the number and amount of

credit payment outlays will likely continue to grow or remain

constant for several more years. The total amount of credit

17

Internal Revenue Notice 2010-35 states, “Section 301 of the Hiring Incentives to Restore Employment Act, Pub. L. No. 111-147, 124 Stat. 71 (2010) (the “HIRE Act”) added subsection

(f) to section 6431 of the Code, which authorizes issuers to irrevocably elect to receive Federal direct payments of allowances of refundable tax credits to subsidize a prescribed portion of

their borrowing costs instead of the Federal tax credits that otherwise would be allowed to holders of certain qualified tax credit bonds under section 54A. For more information regarding

the HIRE Act see Internal Revenue Notice 2010-35.

18

In general, bond issuers may structure debt repayment on their own terms; however, most issuers of municipal bonds opt to make debt repayments biannually. Because most issuers

of direct payment bonds choose to repay debt biannually, it is has been observed that accompanying Forms 8038-CP are filed shortly after issuance.

Statistics of Income Bulletin

8

Spring 2016

Municipal Bonds, 2012–2013

Credit Payment to Issuers of Direct Payment Bonds (Continued)

payments for BABs and RZEDs has remained near $4.0 billion from 2011 to 2013, while the credit payments for bonds

created under HIRE grew from nearly $472 million in 2011

to $812 million in 2013 (Figure J).19

Figure J1

Composition of Credit Payment Outlays to Issuers of Direct Payment Bonds Under ARRA, by Bond Type, 2009–2013 [1][2]

[Billions of dollars]

4

3

2

Recovery Zone Economic

Development Bonds

Build America Bonds

1

0

2009

2010

2011

2012

2013

Figure J2

Composition of Credit Payment Outlays to Issuers of Direct Payment Bonds Under ARRA, by Bond Type, 2009–2013 [1][2]

[Millions of dollars]

900

800

700

600

500

New Clean Renewable Energy Bonds

Qualified Energy Conservation Bonds

Qualified Zone Academy Bonds

Qualified School Construction Bonds

400

300

200

100

0

2010

2011

2012

2013

[1] Form 8038-CP, Return for Credit Payment to Issuers of Qualified Bonds , is used by issuers of Build America bonds, recovery zone economic development bonds, and specified tax credit bonds who

elect to receive a direct payment from the Federal Government equal to a percentage of the interest payments on these bonds. Specifically, issuers of Build America bonds receive a credit payment equal to

35 percent of interest payable, and issuers of recovery zone economic development bonds receive a credit payment equal to 45 percent of interest payable. For specified tax credit bonds the amount of

refundable credit payments for qualified zone academy bonds and qualified school construction bonds is the lesser of 100 percent of the interest payable or 100 percent of the amount of interest determined

at the applicable tax credit rate under Internal Revenue Code section 54A(b)(3). The amount of refundable credit payments for new clean renewable energy bonds and qualified energy conservation bonds

is the lesser of 70 percent of the interest payable or 70 percent of the amount of interest determined at the applicable tax credit rate under section 54A(b)(3).

[2] Credit payment outlays are not subject to sequestration reductions in 2012. Credit payment outlays in 2013 are subject to sequestration reductions; however, the data shown for 2013 do not reflect the

rate reduction. This is due to the fact that preparers are instructed to complete the Form 8038-CP in the manner provided by the Form 8038-CP Instructions. For more information see:

http://www.irs.gov/Tax-Exempt-Bonds/Effect-of-Sequestration-on-Certain-State-and-Local-Government-Filers-of-Form-8038CP.

NOTE: Detail may not add to totals because of rounding.

SOURCE: IRS, Statistics of Income Division,Tax-Exempt Bonds, November 2015.

19

Issuers of BABs were not subject to volume cap limitations. Issuers of RZEDs, as well as all direct payment tax credit bonds, were subject to volume cap limitations. Issuers of QSCBs

were allocated $11 billion for each of Calendar Years 2009 and 2010; unused cap could be carried forward. Issuers of QZABs were allocated $1.4 billion for each of Calendar Years 2009

and 2010; unused cap could be carried forward up to 2 years. An additional $400 million was allocated to States for each of Calendar Years 2011 through 2013. Issuers of NEWCREBs were

allocated $800 million with no restriction on year of issuance and issuers of QECBs were allocated $3.2 billion total with no restriction on year of issuance.

Statistics of Income Bulletin

9

Spring 2016

Municipal Bonds, 2012–2013

returns processed from January 1, 2012, to April 30, 2015, for

bonds issued in 2012 and 2013. The Form 8038-CP data include returns processed from April 1, 2009, to July 1, 2015, for

interest paid during 2009 through 2013. Where possible, SOI

included data from amended returns filed and processed before

the cutoff, and excluded late-filed returns processed after the

respective cutoff dates.

During statistical processing, returns were subject to thorough testing and correction procedures to ensure data accuracy

and validity. SOI conducted additional checks to identify and

exclude duplicate returns, and wherever possible, edited returns

with incomplete information, mathematical errors, or other reporting anomalies to resolve internal inconsistencies. However,

in other cases, it was not possible to reconcile reporting discrepancies. Thus, some reporting and processing errors may remain.

listed in IRC sections 142(a)(1) through (15) and 142(k)). These

facilities include airports, docks and wharves, mass commuting

facilities, facilities for the furnishing of water, sewage facilities,

solid waste disposal facilities, and qualified residential rental

projects. They also include facilities for the local furnishing of

electric energy or gas, local district heating or cooling facilities,

qualified hazardous waste facilities, high-speed intercity rail facilities, environmental enhancements of hydroelectric generating facilities, and qualified public educational facilities.

Governmental bond—Any obligation that is not a private activity bond (see below) and is issued by a State or local government unit. The interest on a governmental bond is excluded

from gross income under IRC section 103.

The Hiring Incentives to Restore Employment Act of 2010

(HIRE)—Enacted on March 18, 2010, HIRE provides an option

for issuers of certain qualified tax credit bonds (“specified tax

credit bonds”) to irrevocably elect to issue the bonds with a

direct pay subsidy, in the same manner as the build America

bonds direct pay subsidy. The issuer of these bonds will receive an interest payment subsidy from the Federal government.

Bondholders will receive a taxable interest payment from the

issuer instead of a tax credit. For additional information, please

see Internal Revenue Notice 2010-35.

Private activity bond—Bond issue of which more than 10 percent of the proceeds is used for any private business use and

more than 10 percent of the payment of the principal or interest

is either secured by an interest in property to be used for private

business use (or payment for such property) or is derived from

payments for property (or borrowed money) used for a private

business use. A bond is also considered a private activity bond if

the amount of the proceeds used to make or finance loans (other

than loans described in IRC section 141(c)(2)) to persons other

than governmental units exceeds the lesser of 5 percent of the

proceeds or $5 million.

Qualified energy conservation bond—Any bond issued as

part of an issue if: (1) 100 percent of the available project proceeds of such issue are to be used for one or more qualified

conservation purposes; (2) the bond is issued by a State or local

government; and (3) the issuer designates such bond for purposes of IRC section 54D.

Issuers of qualified energy conservation bonds receive 70

percent of the interest paid to the borrower if the interest were

determined at the tax credit bond rate determined under section

54A(b)(3) for qualified tax credit bonds. If a qualified energy

conservation bond was issued as a specified tax credit bond issuers can receive the lesser of 70 percent of their interest payment or the amount of interest that would have been paid if the

interest rate was determined at the tax credit bond rate. For more

information on new, clean renewable energy bonds, see IRC

section 54D and Internal Revenue Notice 2010–35.

Qualified hospital bond—Type of qualified section 501(c)(3)

bond issue of which 95 percent or more of the net proceeds are

to be used to finance a hospital.

Qualified mortgage bond—Bond issue of which the proceeds

(except issuance costs and reasonably required reserves) are

used to provide financing assistance for single-family residential

Explanation of Selected Terms

American Recovery and Reinvestment Act of 2009 (ARRA)—

An act of the 111th Congress passed on February 17, 2009, in

response to the economic crisis. The passage of ARRA added to

the Internal Revenue Code (IRC) sections 54AA and 1400U-1

through 1400U-3. These IRC sections authorize State and local

governments to issue two general types of Build America Bonds,

recovery zone economic development bonds, and recovery zone

exempt facility bonds.

Build America Bond (BAB)—The American Recovery and

Reinvestment Act (ARRA) added IRC section 54AA to enable

State and local governments to issue bonds for authorized purposes to promote economic recovery and job creation. These

new types of bonds would be issued as taxable governmental

bonds with Federal subsidies to help offset a portion of issuers’ borrowing costs. The two distinct types of Build America

Bonds—Build America Bond tax credit and Build America

Bond direct payment subsidy—vary by the structure of Federal

subsidy. For Calendar Year 2010, issuers of Build America

Bonds were required to file IRS Form 8038-B, Information

Return for Build America Bonds and Recovery Zone Economic

Development Bonds.

Build America Bond direct payment bond—This type of BAB

provides a refundable credit payment to State or local governmental issuers in an amount equal to 35 percent of the total

coupon interest payable to investors.

Clean renewable energy bond (CREB)—A type of tax credit

bond used to finance eligible clean renewable energy projects,

which are subject to a national volume cap. Issuers of clean renewable energy bonds under IRC section 54 must be eligible

to apply for volume cap allocations. Clean renewable energy

bonds were first authorized under the Energy Tax Incentive

Act of 2005. For additional information, see Internal Revenue

Notice 2007–26.

Commercial paper—Commercial paper consists of shortterm notes that are continually rolled over. Maturities average

about 30 days but can extend up to 270 days. Many localities use

commercial paper to raise cash needed for current transactions.

Exempt facility bond—Bond issue of which 95 percent or more

of the net proceeds are used to finance a tax-exempt facility (as

Statistics of Income Bulletin

10

Spring 2016

Municipal Bonds, 2012–2013

property, and which meets the additional requirements in IRC

section 143. Bond proceeds can be applied toward the purchase,

improvement, or rehabilitation of owner-occupied residences,

as well as to finance qualified home-improvement loans.

Qualified school construction bond (QSCB)—A type of tax

credit bond, of which 100 percent of the bond proceeds are to be

used for construction, rehabilitation, repair, or land acquisition

in connection with a public school facility, which is issued by a

State or local government within the jurisdiction of where the

school is located. QSCBs are subject to a national volume cap

to be allocated by the Treasury among the States. The American

Recovery and Reinvestment Act of 2009 (ARRA) created IRC

section 54F authorizing QSCBs.

The Hiring Incentives to Restore Employment Act of 2010

allowed issuers of QSCBs to receive 100 percent of the interest

paid to the borrower if the interest were determined at the tax

credit bond rate determined under section 54A(b)(3) for qualified tax credit bonds. If a QSCB was issued as a specified tax

credit bond, issuers can receive the lesser of 100 percent of their

interest payment or the amount of interest that would have been

paid if the interest rate was determined at the tax credit bond

rate. For more information on QSCBs, see IRC section 54E and

Internal Revenue Notice 2010–35.

Qualified section 501(c)(3) bond—Bonds issued by State and

local governments to finance the activities of charitable organizations that are tax exempt under IRC section 501(c)(3). A bond

must meet the following conditions to be classified as a section

501(c)(3) bond: 1) all property financed by the net proceeds of

the bond issue is to be owned by a section 501(c)(3) organization or a governmental unit; and 2) the bond would not be

a private activity bond if section 501(c)(3) organizations were

treated as governmental units with respect to their activities that

are not related trades or businesses, and the private activity bond

definition was applied using a 5-percent threshold rather than a

10-percent threshold. The primary beneficiaries of these bonds

are private, nonprofit hospitals, colleges, and universities. A

qualified hospital bond issue is one in which 95 percent or more

of the net proceeds are to be used for a hospital.

Qualified zone academy bond (QZAB)—A type of tax credit

bond issued by a State or local government to finance certain

eligible public school purposes authorized under IRC section

54E. QZABs are subject to a national volume cap to be allocated

by the Treasury among the States.

Issuers of QZABs receive 100 percent of the interest paid

to the borrower if the interest were determined at the tax credit

bond rate determined under section 54A(b) (3) for qualified tax

credit bonds. If a QZAB was issued as a specified tax credit

bond, issuers can receive the lesser of 100 percent of their interest payment or the amount of interest that would have been paid

if the interest rate was determined at the tax credit bond rate. For

more information on QZABs, see IRC section 54E and Internal

Revenue Notice 2010–35.

Recovery zone bond—The American Recovery and

Reinvestment Act (ARRA) added IRC sections 1400U–1

Statistics of Income Bulletin

through 1400U–3 authorizing State and local governments to

issue recovery zone bonds. These bonds provide tax incentives

through lower borrowing costs and are intended to promote job

creation and economic recovery in targeted areas particularly

affected by employment declines. See Internal Revenue Notice

2009–50 for additional information.

Recovery zone economic development bond—Authorized

under IRC section 1400U–2, this type of bond provides for a

deeper Federal subsidy through a refundable credit payment

to State or local governmental issuers in an amount equal to

45 percent of the total coupon interest payable to investors. A

recovery zone economic development bond must be a Build

America Bond, the proceeds of which must be used for one or

more qualified economic development purposes. Recovery zone

economic development bonds are allocated under a $10-billion

national bond volume cap. For Calendar Year 2010, issuers of

recovery zone exempt facility bonds were required to file IRS

Form 8038-B, Information Return for Build America Bonds and

Recovery Zone Economic Development Bonds.

Recovery zone exempt facility bond—Authorized under IRC

section 1400U–3, which expanded the definition of the term

“exempt facility bond” to include any recovery zone facility

bond. A recovery zone exempt facility bond must be a qualified

private activity bond under IRC Section 142, the proceeds of

which may be used to finance certain “recovery zone property.”

Recovery zone exempt facility bonds are allocated under a

$15-billion national bond volume cap. For Calendar Year 2011,

issuers of recovery zone exempt facility bonds were required to

file IRS Form 8038, Information Return for Tax-Exempt Private

Activity Bonds.

Specified tax credit bonds—New clean renewable energy

bonds, qualified energy conservation bonds, qualified zone

academy bonds, and qualified school construction bonds are

specified tax credit bonds for purposes of IRC section 6431(f).

As a result of legislation in the HIRE Act, issuers of these bonds

can elect to receive the tax credit in the form of a direct payment subsidy instead of the bondholder (investor) receiving

the tax credits. Issuers are required to file IRS Form 8038-TC,

Information Return for Tax Credit Bonds and Specified Tax

Credit Bonds, to report such issues. See IRC section 54 and

Internal Revenue Notice 2010–35.

Tax credit bond—Tax credit bonds are not interest-bearing

obligations. The holder of a tax credit bond is generally allowed

an annual Federal income tax credit while the bond is outstanding. The amount of the credit is equal to the face amount of

the bond multiplied by the credit rate of the bond. Unique to

all other tax credit bonds, issuers of certain qualified tax credit

bonds, specifically new clean renewable energy bonds and

qualified energy conservation bonds, pay bondholders taxable

interest payments in addition to the tax credit the bondholder receives. For additional information, see Internal Revenue Notice

2009–15 and “Frequently Asked Questions on Qualified Tax

Credit Bonds and Specified Tax Credit Bonds” at http://www.

irs.gov/pub/irs-tege/tc_and_stcb_q-a._09-07-10_1.5.pdf.

11

Spring 2016

Municipal Bonds, 2012–2013

http//www.irs.gov/taxstats. Click on “Tax-Exempt Bonds.” The

direct link for SOI’s tax-exempt bond statistics is: http://www.

irs.gov/uac/SOI-Tax-Stats-Tax-Exempt-Bond-Statistics.

Additional Tabular Data on Tax Stats

SOI conducts annual studies on tax-exempt governmental bonds,

tax-exempt private activity bonds, and tax credit bonds using

data collected from Forms 8038, 8038-G, and 8038-TC filed

by bond issuers. Additional tax-exempt bond data, including

data for prior years, are available on SOI’s Tax Stats Webpage:

Statistics of Income Bulletin

Kelly Dauberman and Aaron Barnes are economists with the Special

Studies Special Projects Section. This data release was prepared under

the direction of Brian Raub, Chief.

12

Spring 2016

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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