Base Offering Circular Multifamily
49
A special version of the wash sale rules will apply to dispositions of Residual Securities.
Under that version, losses on dispositions of Residual Securities generally will be disallowed
where, within six months before or after the disposition, the seller of such Securities acquires any
residual interest in a REMIC or any interest in a taxable mortgage pool. Regulations providing
for appropriate exceptions to the application of the wash sale rules have been authorized, but
have not yet been promulgated.
Liquidation of the REMIC
A REMIC may liquidate without the imposition of entity-level tax only in a qualified
liquidation. A liquidation is considered a qualified liquidation if the REMIC (i) adopts a plan of
complete liquidation, (ii) sells all of its non-cash assets within 90 days of the date on which it
adopts the plan, and (iii) credits or distributes in liquidation all of the sale proceeds plus its cash
(other than amounts retained to meet claims against it) to its Holders within the 90-day period.
Under the REMIC Regulations, a plan of liquidation need not be in any special form.
Furthermore, if a REMIC specifies the first day in the 90-day liquidation period in a statement
attached to its final tax return, the REMIC will be considered to have adopted a plan of
liquidation on that date.
Treatment by the Trust REMIC of Original Issue Discount, Market Discount, and
Amortizable Premium
Original Issue Discount. Generally, a Trust REMICs deductions for OID expense on its
Regular Securities will be determined in the same manner as for determining the OID income of
the Holders of such Securities as described in Tax Treatment of Regular SecuritiesOriginal
Issue Discount above, without regard to the de minimis rule described in that section.
Market Discount. In general, a Pooling REMIC or, in the case of a Series involving only
a single Trust REMIC, that Trust REMIC (a Single Trust REMIC) will be considered to have
acquired the mortgage loans underlying its Trust Assets with market discount if the basis of the
Trust REMIC in such mortgage loans is exceeded by their adjusted issue prices by more than a
statutory de minimis amount. The Trust REMICs aggregate initial basis in such mortgage loans
(and any other assets transferred to the Trust REMIC on the Startup Day) equals the aggregate of
the issue prices of the regular and residual interests in the Trust REMIC. That basis is allocated
among the Trust REMICs assets based on their relative fair market values. Any market discount
that accrues on the mortgage loans underlying the Trust REMICs Ginnie Mae Multifamily
Certificates will be recognized currently as an item of Trust REMIC ordinary income. The
amount of market discount income to be recognized in any period is determined in a manner
generally similar to that used in the determination of OID, as if the mortgage loans had been
issued (i) on the date they were acquired by the Trust REMIC and (ii) for a price equal to the
Trust REMICs initial basis in the mortgage loans. The Pricing Prepayment Assumptions will be
used to compute the yield to maturity of the mortgage loans underlying a Trust REMICs Ginnie
Mae Multifamily Certificates. Pooling REMIC Regular Interests are acquired by Issuing
REMICs at original issue, and thus the market discount rules do not apply to them.
Premium. Generally, if the basis of a Pooling REMIC or a Single Trust REMIC in the
mortgage loans underlying its Ginnie Mae Multifamily Certificates exceeds the unpaid principal