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ERIC Number: EJ914660
Record Type: Journal
Publication Date: 2010-Sep
Pages: 2
Abstractor: ERIC
Reference Count: 0
ISSN: ISSN-0036-651X
Post-Issuance Compliance: How to Live with a Bond Issue
Kreiser, Donna L.; Cowburn, Laura
School Business Affairs, v76 n7 p28-29 Sep 2010
The Internal Revenue Service (IRS) has announced that post-issuance tax compliance is among its highest priorities. This is supported by the recently imposed annual reporting requirement on nonprofit corporations regarding the application and use of tax-exempt bonds issued for their benefit. School districts issuing tax-exempt bonds often spend weeks or even months working toward the successful closing of a tax-exempt bond financing. The finance process includes, among other things, a detailed analysis by a bond counsel to ensure that the bonds will comply with federal tax law requirements. Certain closing documents executed by school districts at the time of issuance of tax-exempt bonds include covenants by such issuers that tax law requirements will be complied with throughout the life of the bonds. And the opinion of the bond counsel rendered in connection with a tax-exempt bond issuance (opining that interest on the bonds is excluded from the gross income of bondholders) is based on, and qualified by, the school district's reasonable expectation that it will comply with the tax law requirements throughout the time the bonds remain outstanding. In addition, school districts may be required to comply with certain disclosure requirements, or other reporting requirements as set forth in the bond finance documents, throughout the life of the bonds. Because most tax-exempt bonds may remain outstanding for many years, and school districts must comply with federal tax laws, securities laws, and other document requirements during the life of the bonds, it is important to have procedures in place to ensure continued compliance, even as responsible officials change. An effective compliance program should help the school district identify matters--tax or otherwise--that may require further analysis. This article provides a summary of topics to address in any post-issuance compliance program.
Association of School Business Officials International (ASBO). 11401 North Shore Drive, Reston, VA 20190. Tel: 866-682-2729; Fax: 703-478-0205; e-mail:; Web site:
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A