Base Offering Circular Multifamily
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Single Class REMICs
In the case of certain Trust REMICs that are considered to be single-class REMICs
under temporary Treasury regulations, Holders of Regular Securities who are individuals, trusts,
estates, or pass-through entities in which such persons hold interests may be required to
recognize certain amounts of income in addition to interest and discount income. A single-class
REMIC, in general, is a REMIC that (i) would be classified as an investment trust in the absence
of a REMIC election or (ii) is substantially similar to an investment trust and was structured with
the principal purpose of avoiding the allocation of allocable investment expenses (i.e.,
expenses normally allowable under section 212 of the Code, which may include servicing and
administrative fees and the guarantee fee with respect to the Trust Assets) to Holders of Regular
Securities. Under the temporary Treasury regulations, each Holder of a regular or residual
interest in a single-class REMIC is allocated (i) a share of the REMICs allocable investment
expenses and (ii) a corresponding amount of additional income. Section 67 of the Code permits
an individual, trust or estate to deduct miscellaneous itemized expenses (including section 212
expenses) only to the extent that such expenses, in the aggregate, exceed 2% of its adjusted gross
income. Consequently, an individual, trust or estate that holds a regular interest in a single-class
REMIC (either directly or through a pass-through entity) will recognize additional income with
respect to such regular interest to the extent that its share of allocable investment expenses, when
combined with its other miscellaneous itemized deductions for the taxable year, is less than 2%
of its adjusted gross income. Any such additional income will be treated as interest income. In
addition, Code section 68 currently provides that the amount of itemized deductions otherwise
allowable for the taxable year for an individual whose adjusted gross income exceeds a certain
amount will be reduced. The amount of such additional taxable income recognized by Holders
who are subject to the limitations of either section 67 or section 68 may be substantial and may
reduce the after-tax yield to such Holders of an investment in the Securities of an affected Trust.
Where appropriate, the Offering Circular Supplement for a particular Trust will indicate that the
Holders of related Securities may be required to recognize additional income as a result of the
application of the limitations of either section 67 or section 68 of the Code. Non-corporate
Holders of Regular Securities evidencing an interest in a single-class REMIC also should be
aware that miscellaneous itemized deductions, including allocable investment expenses
attributable to such REMIC, are not deductible for purposes of the alternative minimum tax
(AMT).
Original Issue Discount
Overview. Certain Classes of Regular Securities may be issued with OID within the
meaning of section 1273(a) of the Code. In general, such OID will equal the difference between
the stated redemption price at maturity of the Regular Security and its issue price. Holders of
Regular Securities as to which there is OID should be aware that they generally must include
OID in income for federal income tax purposes on an annual basis under a constant yield accrual
method that reflects compounding. In general, OID is treated as ordinary interest income and
must be included in income in advance of the receipt of the cash to which it relates.
The amount of OID required to be included in a Regular Holders income in any taxable
year will be computed in accordance with section 1272(a)(6) of the Code, which provides for the
accrual of OID under a constant yield method on regular interests in a REMIC. Under