Base Offering Circular Multifamily
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Certain Regular Securities may provide for the payment of interest at a rate determined as
the difference between two interest rate parameters, one of which is a fixed rate and the other of
which is a variable rate (including a multiple of a variable rate) (Inverse Floater Non-IO
Securities). Under the OID Regulations, Inverse Floater Non-IO Securities generally bear
interest at objective rates because their rates either constitute qualified inverse floating rates as
defined under those Regulations or, although not qualified floating rates themselves, are based
on one or more qualified floating rates. Consequently, if such Securities are not issued at an
excess premium and the interest payable thereon otherwise meets the test for qualified stated
interest, the income on such Securities will be accounted for under the rules applicable to VRDI
Securities described above.
The OID Regulations are unclear as to the treatment of a Variable Rate Security that is
issued at an Excess Premium. Unless and until the Service provides contrary administrative
guidance on the income tax treatment of such Securities, the Tax Administrator intends to
account for such Securities as described in Interest Weighted Securities and Non-VRDI
Securities. Holders of such Securities should be aware, however, that some other method of tax
accounting ultimately might be determined to apply.
Interest Weighted Securities and Non-VRDI Securities
The treatment of a Variable Rate Security that is issued at an Excess Premium, any other
Variable Rate Security that does not qualify as a VRDI (including a Weighted Average Security
with significantly frontloaded or backloaded interest) (either, a Non-VRDI Security) or an
Interest Weighted Security is unclear under current law. The OID Regulations contain
provisions (the Contingent Payment Regulations) that address the federal income tax treatment
of debt obligations with one or more contingent payments (Contingent Payment Obligations).
Under the Contingent Payment Regulations, any variable rate debt instrument that is not a VRDI
is classified as a Contingent Payment Obligation. However, the Contingent Payment
Regulations, by their terms, do not apply to REMIC regular interests (such as the Regular
Securities) and other instruments that are subject to Code section 1272(a)(6). In the absence of
further guidance, the Tax Administrator will account for Non-VRDI Securities and Interest
Weighted Securities in accordance with Code section 1272(a)(6) and the accounting
methodology described in this paragraph. Income will be accrued on such Securities based on a
constant yield that is derived from a projected payment schedule as of the Closing Date. The
projected payment schedule will take into account the Pricing Prepayment Assumptions and the
other assumptions described below. To the extent that actual payments differ from projected
payments, appropriate adjustments to interest income and expense accruals will be made in a
manner corresponding to that described for VRDIs in Variable Rate Securities. Where the
Regular Security is a Weighted Average Security with significantly frontloaded or backloaded
interest, an Interest Weighted Security, or a Variable Rate Security issued with an Excess
Premium, the Tax Administrator will derive the projected payment schedule based on the
assumption that, in the case of such a Weighted Average Security, the Securitys weighted
average rate in effect on the Closing Date will remain unchanged for the life of the Security and,
in the case of an Interest Weighted Security or a Variable Rate Security with Excess Premium,
that the interest rate or rate parameters on which the interest entitlement of the Security is based
will remain unchanged for the life of the Security. In the case of an Interest Weighted Security
having no principal entitlement that is out of the money as of the Closing Date (i.e., one on