Base Offering Circular Multifamily
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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.
The method described in the foregoing paragraph for accounting for Interest Weighted
Securities and Non-VRDI Securities is consistent with Code section 1272(a)(6) and the
legislative history thereto. Because of the uncertainty with respect to the treatment of such
Securities under the OID Regulations, however, there can be no assurance that the Service will
not assert successfully that a method less favorable to Holders will apply. In view of the
complexities and the current uncertainties as to income inclusions with respect to Non-VRDI
Securities and Interest Weighted Securities, investors should consult their own tax advisors to
determine the appropriate amount and method of income inclusion on such Securities for federal
income tax purposes.
Market Discount
A subsequent purchaser of a Regular Security at a discount from its outstanding principal
amount (or, in the case of a Regular Security having OID, its adjusted issue price) will acquire
such Security with market discount. The purchaser generally will be required to recognize the
market discount (in addition to any OID remaining with respect to the Security) as ordinary
income. A person who purchases a Regular Security at a price lower than the remaining
outstanding Deemed Principal Payments but higher than its adjusted issue price does not acquire
the Security with market discount, but will be required to report OID, appropriately adjusted to
reflect the excess of the price paid over the adjusted issue price. See Tax Treatment of
Regular SecuritiesOriginal Issue Discount. A Regular Security will not be considered to
have market discount if the amount of such market discount is de minimis, i.e., less than the
product of (i) 0.25% of the remaining principal amount of the Security (or, in the case of a
Regular Security having OID, the adjusted issue price of such Security), multiplied by (ii) the
WAM of the Security (as that term is defined above in Tax Treatment of Regular
SecuritiesOriginal Issue Discount) remaining after the date of purchase. Regardless of
whether the subsequent purchaser of a Regular Security with more than a de minimis amount of
market discount is a cash-basis or an accrual-basis taxpayer, market discount generally will be
taken into income as principal payments (including, in the case of a Regular Security having
OID, any Deemed Principal Payments) are received, in an amount equal to the lesser of (i) the
amount of the principal payment received or (ii) the amount of market discount that has
accrued (as described below), but that has not yet been included in income. The purchaser
may make an election, which generally applies to all market discount instruments acquired by
the purchaser in the taxable year of election or thereafter, to recognize market discount currently
on an uncapped accrual basis (the Current Recognition Election). In addition, the purchaser