Holder who receives a scheduled or prepaid principal payment with respect to a Regular Security
will recognize income or loss equal to the difference between the amount of the payment and the
allocable portion of his adjusted basis in the Security. Any such income will be treated as
ordinary income, rather than capital gain, to the extent such income reflects OID that is not de
minimis. The adjusted basis of a Regular Security generally will equal the cost of the Security to
the Holder, increased by any OID or market discount previously includible in the Holders gross
income with respect to the Security, and reduced by the portion of the basis of the Security
allocable to payments on the Security previously received by the Holder and by any amortized
premium. Except to the extent that the market discount rules apply and except as provided
below, any gain or loss on the sale or other disposition of a Regular Security generally will be
capital gain or loss. Such gain or loss will be long-term gain or loss if the Security is held as a
capital asset for more than one year.
If the Holder of a Regular Security is a bank, a mutual savings bank, a DB&L, or a
similar institution described in section 582 of the Code, any gain or loss on the sale or exchange
of the Regular Security will be treated as ordinary income or loss. In the case of other types of
Holders, gain from the disposition of a Regular Security that otherwise would be capital gain will
be treated as ordinary income to the extent that the amount actually includible in income with
respect to the Security by the Holder during his holding period is less than the amount that would
have been includible in income if the yield on that Security during the holding period had been
110% of a specified U.S. Treasury borrowing rate as of the date that the Holder acquired the
Security. Although the relevant legislative history indicates that the portion of the gain from
disposition of a Regular Security that will be recharacterized as ordinary income is limited to the
amount of OID (if any) on the Security that was not previously includible in income, the
applicable Code provision contains no such limitation.
The Code contains provisions that require the recognition of gain upon the constructive
sale of an appreciated financial position. These provisions do not apply to Classes of
Certificates other than the Notional Classes. Investors in the Notional Classes should consult
their own tax advisors with respect to the possible application of these provisions.
Tax Treatment of Residual Securities
Overview
Residual Securities will represent residual interests in the Trust REMIC or Trust REMICs
to which they relate. A REMIC is an entity for federal income tax purposes consisting of a fixed
pool of mortgages or other mortgage-backed assets (including Ginnie Mae Multifamily
Certificates) in which investors hold multiple classes of interests. To be treated as a REMIC, the
Trust (or one or more segregated pools of Trust assets) must meet certain continuing
qualification requirements, and a REMIC election must be in effect. See REMIC
Qualification. A Trust REMIC generally will be treated as a pass-through entity for federal
income tax purposes, i.e., as not subject to ent ity- level tax. All interests in a Trust REMIC other
than the Residual Securities must be regular interests, i.e., Regular Securities or Pooling REMIC
Regular Interests (as defined below). As described in Tax Treatment of Regular Securities
above, a regular interest generally is an interest whose terms are analogous to those of a debt
instrument, and it generally is treated as such an instrument for federal income tax purposes. The
Base Offering Circular Multifamily
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