Instructions for Form 8038-B

Instructions for Form 8038-B

Department of the Treasury

Internal Revenue Service

(Rev. September 2018)

Information Return for Build America Bonds and Recovery Zone Economic

Development Bonds

Section references are to the Internal Revenue

Code unless otherwise noted.

Future Developments

For the latest information about

developments related to Form 8038-B and

its instructions, such as legislation

enacted after they were published, go to

IRS.gov/Form8038B.

What’s New

The Tax Cuts and Jobs Act (P.L. 115-97)

repealed the authority to issue tax-credit

bonds and direct-pay bonds. The repeal

applies to qualified forestry conservation

bonds, new clean renewable energy

bonds, qualified energy conservation

bonds, qualified zone academy bonds,

and qualified school construction bonds

issued after December 31, 2017. The

authority to issue recovery zone economic

development bonds and build America

bonds expired on January 1, 2011.

The American Recovery and

Reinvestment Act of 2009 created three

types of build America bonds. Section

54AA added both Tax Credit and Direct

Pay build America bonds. Section

1400U-2 added recovery zone economic

development bonds, a form of direct pay

build America bonds. Notice 2009-26

required that subject to updated IRS

information reporting forms or procedures,

all three types of build America bonds

were to be reported on Form 8038-G,

Information Return for Tax-Exempt

Governmental Bonds.

General Instructions

Purpose of Form

Beginning February 2010, Form 8038-B is

to be used by issuers of build America

bonds (Tax Credit), build America bonds

(Direct Pay), and recovery zone economic

development bonds to provide the IRS

with the information required by section

149(e).

Who Must File

Governmental issuers of build America

bonds and recovery zone economic

development bonds must file a separate

Form 8038-B for each issue of build

America bonds and recovery zone

economic development bonds issued after

February 2010 and before January 1,

2011.

Aug 30, 2018

Note. Build America bonds (Tax Credit),

build America bonds (Direct Pay), and

recovery zone economic development

bonds must each be reported on a

separate Form 8038-B. This instruction

applies regardless of whether the single

issue consists of variable rate, fixed rate,

or both variable rate and fixed rate bonds.

When To File

File Form 8038-B on or before the 15th

day of the 2nd calendar month after the

close of the calendar quarter in which the

bond was issued. Form 8038-B may not

be filed before the issue date and must be

completed based on the facts as of the

issue date.

For build America bonds (Direct Pay)

and for recovery zone economic

development bonds, Form 8038-B must

be filed at least 30 days prior to the

submission of the first Form 8038-CP,

Return for Credit Payments to Issuers of

Qualified Bonds, that is filed to request

payment with respect to an interest

payment date for that issue.

Failure to complete the form including

the attached schedules may result in a

delay in processing this form. All attached

schedules must include the issuer's name

and EIN at the top.

Late filing. An issuer may be granted an

extension of time to file Form 8038-B

under Rev. Proc. 2002-48, 2002-37 I.R.B.

531. Type or print at the top of the form,

“Request for Relief under Section 3 of

Rev. Proc. 2002-48.” See Rev. Proc.

2002-48 for complete information on

requirements for an extension of time to

file Form 8038-B.

Note. If Form 8038-B is filed late, it still

must be filed 30 days prior to the

submission of the first Form 8038-CP for

that issue.

Where To File

File Form 8038-B and any attachments

with the Department of the Treasury,

Internal Revenue Service Center, Ogden,

UT 84201.

Private delivery services. You can use

certain private delivery services (PDS)

designated by the IRS to meet the “timely

mailing as timely filing” rule for tax returns.

Go to IRS.gov/PDS for the current list of

designated services.

Cat. No. 54165A

The PDS can tell you how to get written

proof of the mailing date.

For the IRS mailing address to use if

you're using PDS, go to IRS.gov/

PDSstreetAddresses.

PDS can’t deliver items to P.O.

boxes. You must use the U.S.

CAUTION Postal Service to mail any item to

an IRS P.O. box address.

!

Other Forms That May Be

Required

For issuers who elect under section 6431

to receive a direct payment from the

federal government equal to a percentage

of the interest payment, issuers must

request the payment on Form 8038-CP.

Each Form 8038-CP can only relate to the

interest paid on a single bond issue.

For rebating arbitrage (or paying a

penalty in lieu of arbitrage rebate) to the

federal government, use Form 8038-T,

Arbitrage Rebate, Yield Reduction and

Penalty in Lieu of Arbitrage Rebate.

If the bond issue consists of both

tax-exempt bonds and build America

bonds, the issuer must report the

tax-exempt portion on Form 8038-G and

the build America bond portion on Form

8038-B.

Rounding to Whole Dollars

You can round off cents to whole dollars. If

you do round to whole dollars, you must

round all amounts. To round, drop

amounts under 50 cents and increase

amounts from 50 to 99 cents to the next

dollar (for example, $1.39 becomes $1

and $2.50 becomes $3).

If two or more amounts must be added

to figure the amount to enter on a line,

include cents when adding the amounts

and round off only the total.

Definitions

Build America bond (Tax Credit). This

is an issue of taxable state or local

governmental bonds (excluding private

activity bonds under section 141) as

defined in section 54AA(d) that provides a

tax credit to the holder of the bond.

Build America bond (Direct Pay). This

is an issue of taxable state or local

governmental bonds (excluding private

activity bonds under section 141) as

defined in section 54AA(g), the issuer of

which elects to receive a refundable credit

under section 6431 in lieu of tax credits to

the holder of the bond.

Recovery zone economic development

bond. This is an issue of taxable state or

local governmental bonds that meets the

requirements under section 1400U-2 that

may be used to finance certain qualified

economic development purposes as

defined under section 1400U-2(c), the

issuer of which receives a refundable

credit under section 6431.

Arbitrage rebate. The issuer of a build

America bond or recovery zone economic

development bond must rebate to the

United States arbitrage profits earned

from investing proceeds of the bond in

higher yielding nonpurpose investments.

See section 148(f).

Gross proceeds. Gross proceeds

means any proceeds and replacement

proceeds of an issue as defined under

Regulations section 1.148-1(b).

Sale proceeds. Sale proceeds are

determined under Regulations section

1.148-1(b) as any amount actually or

constructively received from the sale of

the issue, including amounts used to pay

underwriters' discount or compensation

and accrued interest, other than

pre-issuance accrued interest. Sale

proceeds also include, but are not limited

to, amounts derived from the sale of a

right that is associated with a bond, and

that is described in Regulations section

1.148-4(b)(4). Sale proceeds shall also

include the proceeds from the sale of

credit strips. Also, see Regulations section

1.148-4(h)(5) treating amounts received

upon the termination of certain hedges as

sale proceeds.

Issue. Generally, bonds are treated as

part of the same issue if they are issued by

the same issuer, on the same date, and in

a single transaction, or a series of related

transactions. Even if part of the same

issue, build America bonds (Direct Pay),

build America bonds (Tax Credit), and

recovery zone economic development

bonds must each be filed on a separate

Form 8038-B.

Issue price. The issue price of

obligations is generally determined under

Regulations section 1.148-1(f). Thus,

when issued for cash, the issue price is

the price at which a substantial amount of

the obligations are sold to the public. To

determine the issue price of an obligation

issued for property, see sections 1273 and

1274 and the related regulations.

Specific Instructions

Part I—Reporting Authority

Amended return. An issuer may file an

amended return to change or add to the

information reported on a previously filed

return for the same date of issue. If you

are filing to correct errors or change a

previously filed return, check the

“Amended Return” box in the heading of

the form.

The amended return must provide all

the information reported on the original

return, in addition to the new or corrected

information. Attach an explanation of the

reason for the amended return and write

across the top, “Amended Return

Explanation.” Failure to attach an

explanation may result in a delay in

processing this form.

Line 1. The issuer's name is the name of

the entity issuing the bonds, not the name

of the entity receiving the benefit of the

financing. For a lease or installment sale,

the issuer is the lessee or the purchaser.

Line 2. An issuer that does not have an

employer identification number (EIN)

should apply online by visiting the IRS

website at IRS.gov/EIN. The organization

may also apply for an EIN by faxing or

mailing Form SS-4 to the IRS. Customers

outside the United States or U.S.

possessions may also apply for an EIN by

calling 267-941-1099 (toll call).

Line 3. If the issuer wishes to authorize a

person other than an officer of the issuer

(including a legal representative or paid

preparer) to communicate with the IRS

and whom the IRS may contact with

respect to this return (including in writing

or by telephone), enter the name of that

person here. The person listed in line 3

must be an individual. Do not enter the

name and title of an officer of the issuer

here (use line 10 for that purpose).

Note. By authorizing a person other than

an authorized officer of the issuer to

communicate with the IRS and whom the

IRS may contact with respect to this

return, the issuer authorizes the IRS to

communicate directly with the individual

entered in line 3 and consents to disclose

the issuer's return information to that

individual, as necessary, in order to

process this return.

Line 4. This line is for IRS use only. Do

not make any entries in this box.

Lines 5 and 6. If you listed in line 3 a

person other than an officer of the issuer

(including a legal representative or paid

preparer) to communicate with the IRS

and whom the IRS may contact with

respect to this return, enter the number

and street (or P.O. box if mail is not

delivered to street address), city, town, or

post office, state, and ZIP code of that

person. Otherwise, enter the issuer's

number and street (or P.O. box if mail is

not delivered to street address), city, town,

or post office, state, and ZIP code.

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Line 7. The date of issue is generally the

date on which the issuer exchanges the

bonds for the underwriter's (or other

purchaser's) funds. For a lease or

installment sale, enter the date interest

starts to accrue in an MM/DD/YYYY

format.

Line 8. If there is no name of the issue,

please provide other identification of the

issue.

Line 9. Enter the Committee on Uniform

Securities Identification Procedures

(CUSIP) number of the latest maturity on

line 9. Attach a schedule with a complete

list of CUSIP numbers for each bond. If

some or all of the tax credits are stripped,

attach a schedule with the name of each

purchaser of the tax credit bonds or tax

credit strips, each purchaser's EIN, and

the CUSIP numbers associated with the

bonds and the stripped tax credits. If the

issue does not have a CUSIP number,

write, “None.” If the issue either has no

CUSIP number or is privately placed,

attach a schedule with each purchaser's

EIN, name, and address.

Line 10. Enter the name and title of the

officer of the issuer whom the IRS may call

for more information. If the issuer

designates a person in line 3 (such as a

legal representative or paid preparer) with

whom the IRS may communicate with

respect to this return, leave line 10 blank.

Line 11. Enter the telephone number of

the person whom the IRS may contact for

more information identified in line 3 or

line 10, as applicable.

Part II—Type of Bonds

Elections referred to in Part II are

made on the original bond

CAUTION documents, not on this form.

!

Line 1. You must identify the type of

bonds issued by checking the

corresponding box. If box 1b or 1c is

checked, complete lines 2 and 3.

Line 2. Enter the first interest payment

date. An interest payment date is the date

on which interest is payable by the

governmental issuer to the holders of the

bonds. (For variable rate issues, enter the

last interest payment date applicable to

the quarterly period for which the first

Form 8038-CP for the issue will relate.)

Enter the date in an MM/DD/YYYY format.

Line 3. Check the box indicating the

interest payment date frequency. In

addition, issuers of build America bonds

(Direct Pay) and recovery zone economic

development bonds must attach a debt

service schedule to the Form 8038-B

which contains the information described

below for the bond issue.

1. For fixed rate bonds, attach a

complete debt service schedule titled

“Fixed Rate Bond—Debt Service

Schedule” that provides a list of each

interest payment date, the total interest

payable on such date, the total principal

amount of bonds expected to be

outstanding on such date, the credit

payment expected to be requested from

the IRS on such date, and the earliest date

that the bonds can be called.

2. For variable rate bonds, attach a

debt service schedule titled “Variable Rate

Bond—Debt Service Schedule” that

provides a list of each interest payment

date, the total principal amount of bonds

expected to be outstanding on such date,

and a description of how interest on the

bonds is figured.

Note. If the bond issue reported on Form

8038-B constitutes both fixed rate bonds

and variable rate bonds, both the fixed

rate and variable rate bonds must be

reported on the same Form 8038-B;

however, separate debt service

schedules, as described above, must be

entered for each of the bonds. Credit

payments are not allowed for pre-issuance

accrued interest. Failure to provide the

applicable debt service schedules may

result in a delay in processing the return.

Part III—Purpose of Issue

Line 1. For build America bonds, identify

the purpose of issue and enter the portion

of the issue price allocable to each type of

project expenditure. The portion of the

issue price allocated to each type of

project expenditure should include a pro

rata allocation of proceeds representing

such items as costs of issuance or a

reasonably required reserve. For example,

if 60% of the principal amount of the bond

issue is for education purposes and 40%

of the principal amount of the bond issue

is for public safety purposes, the proceeds

used for items such as costs of issuance

or a reasonably required reserve should

be allocated 60% to education and 40% to

public safety. Line 1h is to be used solely

to identify the portion of the issue price

allocated to a purpose other than those

listed in lines 1a through 1g. Lines 1a

through 1h must equal the total issue price

in line 3.

Attach a schedule listing names and

EINs of organizations that are to use

proceeds of these obligations if different

from those of the issuer. Also indicate

whether each organization listed on the

statement is a government or private

entity. Failure to attach the schedule may

result in a delay in processing the return.

Line 2. For recovery zone economic

development bonds, identify the purpose

of issue and enter the portion of the issue

price allocable to each type of

expenditure. The portion of the issue price

allocated to each type of project

expenditure should include a pro rata

allocation of proceeds representing such

items as costs of issuance or a reasonably

required reserve. For example, if 60% of

the principal amount of the bond issue is

for capital expenditures purposes and

40% of the principal amount of the bond

issue is for job training purposes, the

proceeds used for items such as costs of

issuance or a reasonably required reserve

should be allocated 60% to capital

expenditures and 40% to job training.

Line 2d is to be used solely to identify the

portion of the issue price allocated to a

purpose other than those listed in lines 2a

through 2c. Lines 2a through 2d must

equal the total issue price in line 3.

Attach a schedule listing names and

EINs of organizations that are to use

proceeds of these obligations if different

from those of the issuer. Also indicate

whether each organization listed on the

schedule is a government or private entity.

Failure to attach the schedule may result

in a delay in processing the return.

Line 3. See Issue price under Definitions,

earlier. For build America bonds, the

amounts under lines 1a through 1h, or for

recovery zone economic development

bonds, the amounts under lines 2a

through 2d must total the issue price of the

entire issue entered in line 3.

Note. Build America bonds (Tax Credit),

build America bonds (Direct Pay), and

recovery zone economic development

bonds must each be filed on a separate

Form 8038-B regardless of whether or not

they constitute a single issue.

Line 4. If obligations are Tax Anticipation

Notes (TANs) or Revenue Anticipation

Notes (RANs), check box 4a. If obligations

are Bond Anticipation Notes (BANs),

check box 4b. Do not check both boxes.

Line 5. Check this box if property other

than cash is exchanged for the obligation,

for example, acquiring a police car, a fire

truck, or telephone equipment through a

series of monthly payments. (This type of

obligation is sometimes referred to as a

“municipal lease.”) Also check this box if

real property is directly acquired in

exchange for an obligation to make

periodic payments of interest and

principal. Do not check this box if the

proceeds of the obligation are received in

the form of cash, even if the term “lease” is

used in the title of the issue.

Part IV—Description of

Obligations

Line 1. The stated redemption price at

maturity of the entire issue is the sum of

the stated redemption prices at maturity of

each bond issued as part of the issue. For

a lease or installment sale, write “N/A.”

-3-

Line 2. Enter the last date on which any

of the bonds will mature. Enter the date in

an MM/DD/YYYY format.

Line 3. The weighted average maturity is

the sum of the products of the issue price

of each maturity and the number of years

to maturity (determined separately for

each maturity and by taking into account

mandatory redemptions), divided by the

issue price of the entire issue (from Part III,

line 3). For a lease or installment sale,

enter the total number of years the lease

or installment sale will be outstanding.

Carry the year out to two decimal places,

and do not round (for example, 10.72).

Line 4. The yield is generally the discount

rate that when used to figure the present

value of all payments of principal and

interest to be paid on the obligation

produces an amount equal to the issue

price, including accrued interest. See

Regulations section 1.148-4 for specific

rules to figure the yield on an issue. If the

issue is a variable rate issue, leave blank.

For other than variable rate issues, carry

the yield out to four decimal places, and

do not round (for example, 5.3125%). If

reporting build America bonds (Direct Pay)

or recovery zone economic development

bonds, the yield is reduced by the amount

of credit payments received under section

6431. If reporting build America bonds

(Tax Credit) and the issue is a lease or

installment sale, enter the effective rate of

interest being paid.

Part V—Use of Proceeds of

Issue

For a lease or installment sale, write “N/A”

in the space to the right of the title for Part

V.

Line 1. See Sale proceeds under

Definitions, earlier.

Line 2. Estimate reasonably expected

investment proceeds on the sales

proceeds in line 1.

Line 3. Enter the amount of pre-issuance

interest accrued from the date the bonds

are dated to the date of issue.

Line 4. Enter the amount of the proceeds

(including accrued interest) that will be

used to pay bond issuance costs,

including underwriter's fees, fees for

trustees, and bond counsel.

Note. Costs of issuance are limited to not

more than 2% of sale proceeds for build

America bonds (Direct Pay) and recovery

zone economic development bonds.

Line 5. Enter the amount of the proceeds

that will be used to pay fees for credit

enhancement that are taken into account

in determining the yield on the issue for

purposes of section 148(h), for example,

bond insurance premiums and certain

fees for letters of credit.

Line 6. Enter the amount of the proceeds

that will be allocated to a reasonably

required reserve fund. See funding

limitations for such a reserve under

Regulations section 1.148-2(f).

Line 9. Enter the amount of the proceeds

that will be used to pay principal, interest,

or call premium on any other issue of

bonds within 90 days of the date of issue.

Note. This line applies only to build

America bonds (Tax Credit).

Line 10. Enter the amount of the

proceeds that will be used to pay principal,

interest, or call premium on any other

issue of bonds after 90 days of the date of

issue, including proceeds that will be used

to fund an escrow account for this

purpose.

Note. This line applies only to build

America bonds (Tax Credit).

Part VI—Description of

Refunded Bonds

Complete this part only if the bonds are to

be used to refund a prior issue of

governmental bonds.

Note. According to Notice 2009-26 and

Notice 2009-50, build America bonds

(Direct Pay) generally may not be issued

to refinance capital expenditures in

“refunding issues,” as defined in

Regulations section 1.150-1. However,

refinancing of certain short-term

indebtedness with build America bonds

(Direct Pay) and recovery zone economic

development bonds is not treated as a

refunding.

Lines 1 and 2. The remaining weighted

average maturity is determined without

regard to the refunding. The weighted

average maturity is determined in the

same manner as for Part IV, line 3.

Line 3. Enter the last date on which any

of the bonds being refunded will be called.

Enter the date in an MM/DD/YYYY format.

Line 4. If more than a single issue of

bonds will be refunded, enter the date of

issue of each of the issues to be refunded

on a schedule. Enter the date in an

MM/DD/YYYY format. If the schedule is

not attached, it may result in a delay in

processing the return.

Part VII—Miscellaneous

Line 1. Enter the amount of volume cap

allocated to the issue of recovery zone

economic development bonds. Attach a

copy of the certification of the volume cap

allocation by the state, county, or large

municipality. For build America bonds,

enter the amount of state volume cap

allocated to the issue under section 141(b)

(5), if applicable. For recovery zone

economic development bonds, attach a

separate statement indicating the amount

of state volume cap allocated to the issue

under section 141(b)(5), if applicable. Also

attach a copy of the certification of the

recovery zone designation by the state,

county, or large municipality. Failure to

attach the required certifications will delay

the processing of this return.

Line 2. See Gross proceeds under

Definitions, earlier. If any portion of the

gross proceeds of the issue is or will be

invested in a guaranteed investment

contract (GIC), as defined in Regulations

section 1.148-1(b), enter the amount of

the gross proceeds invested, as well as

the final maturity date of the GIC, and the

name of the provider of such contract.

Enter the final maturity date in an MM/DD/

YYYY format on line 2b. Attach additional

sheets, if necessary.

Note. A GIC includes any nonpurpose

investment that has specifically negotiated

withdrawal or reinvestment provisions and

a specifically negotiated interest rate, and

also includes any agreement to supply

investments on two or more dates (for

example, a forward supply contract).

Line 3. Enter the amount of proceeds of

this issue used to fund a loan to another

governmental unit.

Line 4. If this issue is a loan of proceeds

from another governmental issue, check

box 4a and enter the date of issue in an

MM/DD/YYYY format on line 4b. Enter the

EIN on line 4c, and the name of the issuer

of the master pool obligation on line 4d.

Line 5. Check this box if the issuer has

identified a hedge on its books and

records in accordance with Regulations

sections 1.148-4(h)(2)(viii) and 1.148-4(h)

(5) that require an issuer of bonds to

identify a hedge for it to be included in

bond yield calculations for purposes of

section 148. If the box on line 5a is

checked, enter the name of the hedge

provider on line 5b, the type of the hedge

on line 5c, and the term of the hedge to

the nearest tenth of a year (for example,

2.4 years) on line 5d. Attach additional

sheets, if necessary.

Line 6. In determining if the issuer has

super-integrated a hedge, apply the rules

of Regulations section 1.148-4(h)(4). If the

hedge is super-integrated, check the box.

Line 7. Check this box if the issue is a

construction issue as defined in

Regulations section 1.148-7(f) and an

irrevocable election to pay a penalty in lieu

of arbitrage rebate has been made on or

before the date the bonds were issued.

The penalty is payable with a Form 8038-T

for each 6-month period after the date the

bonds are issued. Do not make any

payment of penalty in lieu of arbitrage

rebate with Form 8038-B. See Rev. Proc.

-4-

92-22, 1992-1 C.B. 736, for rules

regarding the “election document.”

Line 8. An issue is an issue of private

activity bonds if the issuer takes a

deliberate action. Regulations section

1.141-2(d)(3) defines a deliberate action

as any action taken by the issuer that is

within its control, regardless of whether

such act was intended to violate the

private business use test or the private

loan financing test. Regulations section

1.141-12 sets forth certain remedial

actions that prevent a deliberate action

with respect to property financed by an

issue from causing that issue to meet the

private business use test or the private

loan financing test. Check the box if the

issuer has established written procedures

to ensure timely remedial action with

respect to all nonqualified bonds in

accordance with Regulations section

1.141-12 or other additional remedial

actions authorized by the Commissioner

under Regulations section 1.141-12(h).

Line 9. Check the box if the issuer has

established written procedures to ensure

that the bonds comply with the arbitrage

yield restriction and rebate requirements

of section 148.

Signature and Consent

An authorized representative of the issuer

must sign Form 8038-B and any

applicable certification. Also print the

name and title of the person signing Form

8038-B. The authorized representative of

the issuer signing this form must have the

authority to consent to the disclosure of

the issuer's return information, as

necessary to process this return, to the

person(s) that have been designated in

Form 8038-B.

Note. If the governmental issuer in Part I,

line 3, authorizes the IRS to communicate

(including in writing and by telephone) with

a person other than an officer of the

issuer, by signing this form, the issuer's

authorized representative consents to the

disclosure of the issuer's return

information, as necessary to process this

return, to such person.

Paid Preparer

If an authorized representative of the

issuer filled in this return, the paid

preparer's space should remain blank.

Anyone who prepares the return but does

not charge the organization should not

sign the return. Certain others who

prepare the return should not sign. For

example, a regular, full-time employee of

the issuer, such as a clerk, secretary, etc.,

should not sign.

Generally, anyone who is paid to

prepare a return must sign it and fill in the

other blanks in the Paid Preparer Use Only

area of the return. The paid preparer must:

Sign the return in the space provided

for the preparer's signature;

Enter the preparer information,

including Preparer Tax Identification

Number; and

Give a copy of the return to the issuer.

Part VIII—Consent to

Disclosure of Certain

Information From This Return

Line 1. The IRS is considering publishing

a list of tax credit bonds in order to assist

in applicable reporting requirements. If the

issuer of a build America bond (Tax

Credit) consents to the IRS's publication,

through a website or other publication, of

its name and address, EIN, name and

description of the bond issue, date of

issuance, CUSIP number, issue price,

final maturity date, and stated redemption

price at maturity, to assist the IRS in the

proper reporting of interest, tax credits, or

other benefits under section 6049, and the

regulations thereunder, check the box

next to “Yes” on line 1 of Part VIII.

Paperwork Reduction Act Notice. We

ask for the information on this form to carry

out the Internal Revenue laws of the

United States. You are required to give us

the information. We need it to ensure that

you are complying with these laws.

You are not required to provide the

information requested on a form that is

subject to the Paperwork Reduction Act

unless the form displays a valid OMB

control number. Books or records relating

to a form or its instructions must be

retained as long as their contents may

become material in the administration of

any Internal Revenue law. Generally, tax

returns and return information are

confidential, as required by section 6103.

The time needed to complete and file

this form will vary depending on individual

circumstances. The estimated average

time is:

-5-

Recordkeeping . . . . . . . . .

Learning about the law or the

form . . . . . . . . . . . . . . . .

Preparing, copying,

assembling, and sending the

form to the IRS . . . . . . . . .

16 hr., 1 min.

1 hr., 29 min.

1 hr., 49 min.

If you have comments concerning the

accuracy of these time estimates or

suggestions for making this form simpler,

we would be happy to hear from you. You

can send us comments through IRS.gov/

FormComments.

Or you can write to:

Internal Revenue Service

Tax Forms and Publications

1111 Constitution Ave. NW, IR-6526

Washington, DC 20224

Do not send the form to this address.

Instead, see Where To File, earlier.