Base Offering Circular - Multifamily
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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 front- or back-loaded 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 which no payments would be made if the related
index or indices were not to change), no income will be accrued in any period other than a period
in which a payment becomes due. All payments received on such a Security effectively will be
treated as returns of capital to the extent of the Holders basis in the Security and thereafter will
be treated as ordinary income to the Holder in the period in which such payments became due.
As a technical matter, the Tax Administrator will describe any income accrued on Interest-
Weighted Securities and Non-VRDI Securities as OID, rather than interest income.