Base Offering Circular - Multifamily
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could have a number of consequences for Holders. If, as the result of REMIC disqualification,
the Trust were treated as an association taxable as a corporation, distributions on the Securities
could be recharacterized in part as dividends from a non-includible corporation and in part as
returns of capital. Alternatively, distributions on a Regular Security could continue to be treated
as comprised of interest and principal notwithstanding REMIC disqualification, in which case a
cash-basis Holder might not be required to continue to recognize interest and market discount
with respect to the Security on the accrual basis. Under the first alternative, a loss of REMIC
status would, and under the second alternative, a loss of REMIC status could cause the Securities
and the associated distributions not to be qualified assets and income for the various purposes of
DB&Ls, FASITs, and REITs described in the last paragraph under Certain Federal Income Tax
ConsequencesGeneral above, although such a loss would not affect the status of the
Securities as government securities for REITs. The Securities should continue to qualify as
government securities for RICs, regardless of whether REMIC status is lost.
Tax Treatment of MX Securities
General
In the event that a Series provides for the issuance of one or more Classes of MX
Securities, the arrangement pursuant to which the MX Classes are created, sold and administered
(an MX Pool) will be classified as a grantor trust under subpart E, part I of subchapter J of the
Code. The interests in the Regular Classes that have been exchanged with Ginnie Mae for MX
Classes (including any exchanges effective on the Closing Date) will be the assets of the MX
Pool and the MX Classes will represent beneficial ownership of these interests in the Regular
Classes. The REMIC Securities related to the MX Securities will be contributed to such trust on
the Closing Date and such trust will issue the Modifiable Securities.
Tax Status
The MX Classes should be considered to represent real estate assets within the meaning
of section 856(c)(4)(A) of the Code and assets described in section 7701(a)(19)(C) of the Code.
Original issue discount and interest accruing on the MX Classes should be considered to
represent interest on obligations secured by mortgages on real property within the meaning of
section 856(c)(3)(B) of the Code. MX Classes will be qualified mortgages under section
860G(a)(3) of the Code for a REMIC.
Tax Accounting for MX Securities
An MX Class will represent beneficial ownership of an interest in one or more related
Regular Classes. If it represents an interest in more than one Regular Class, a purchaser must
allocate its basis in an MX Class among the interests in the Regular Classes in accordance with
their relative fair market values as of the time of acquisition. Similarly, on the sale of such an
MX Class, the Holder must allocate the amount received on the sale among the interests in the
Regular Classes in accordance with their relative fair market values as of the time of sale.