Base Offering Circular - Multifamily
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less than the income that would have been recognized if the yield on such interest were 110% of
the applicable federal rate under section 1274(d) of the Code.
If an investor exchanges a Regular Class for several MX Classes and then sells one of
such MX Classes, the sale will subject the investor to the coupon stripping rules of section 1286
of the Code. The investor must allocate its basis in the exchanged Regular Class between the
part of the Regular Class underlying the MX Class sold and the part of the Regular Class
underlying the MX Classes retained in proportion to their relative fair market values as of the
date of such sale. The investor is treated as purchasing the interest retained for the amount of
basis allocated to such interest. The investor must calculate original issue discount with respect
to the retained interest as described above.
Although the matter is not free from doubt, an investor that acquires in one transaction a
combination of MX Classes that may be exchanged for a Regular Class should be treated as
owning the Regular Class.
Exchanges of MX Classes and Regular Classes
An exchange, as described under Description of SecuritiesModification and
Exchange herein, by a Beneficial Owner of (i) REMIC Securities for MX Securities, (ii) MX
Securities for the related REMIC Securities or (iii) MX Securities for other MX Securities will
not be a taxable exchange. Such Beneficial Owner will be treated as continuing to own after the
exchange the same combination of interests in the related REMIC Securities that it owned
immediately prior to the exchange.
Taxation of Foreign Holders of REMIC Securities and MX Securities
Regular Securities and MX Securities
Interest, including OID, paid on a Regular Security or MX Security to a Non-U.S. Person
generally will be treated as portfolio interest and, therefore, will not be subject to any United
States withholding tax, provided that (i) such interest is not effectively connected with a trade or
business in the United States of the Holder, and (ii) the Trustee (or other person who would
otherwise be required to withhold tax) is provided with appropriate certification that the
beneficial owner of the Security is a Non-U.S. Person (Foreign Person Certification). If
Foreign Person Certification is not provided, interest (including OID) paid on such a Security
may be subject to either a 30 percent withholding tax or 31 percent backup withholding. See
Backup Withholding.
Final regulations dealing with withholding tax on income paid to foreign persons, backup
withholding and related matters (the New Withholding Regulations) were issued by the
Treasury Department on October 6, 1997. The New Withholding Regulations generally attempt
to unify certification requirements and modify reliance standards. The New Withholding
Regulations generally are effective for payments made after December 31, 2000, subject to
certain transition rules. Prospective investors are strongly urged to consult their own tax advisors
with respect to the New Withholding Regulations.