The following definitions apply:
ACCOUNTING METHOD means both the overall method used to account for gross proceeds of an issue (e.g., the cash method or a modified accrual method) and the method used to account for or allocate any particular item within that overall accounting method (e.g., accounting for investments, expenditures, allocations to and from different sources, and particular items of the foregoing).
ANNUITY CONTRACT means annuity contract as defined in section 72.
AVAILABLE AMOUNT means available amount as defined in section 1.148-6(d)(3)(iii).
BONA FIDE DEBT SERVICE FUND means a fund, which may include proceeds of an issue, that--
(1) Is used primarily to achieve a proper matching of revenues with principal and interest payments within each bond year; and
(2) Is depleted at least once each bond year, except for a reasonable carryover amount not to exceed the greater of:
(i) the earnings on the fund for the immediately preceding bond year; or
(ii) one-twelfth of the principal and interest payments on the issue for the immediately preceding bond year.
BOND YEAR means, in reference to an issue, each 1-year period that ends on the day selected by the issuer. The first and last bond years may be short periods. If no day is selected by the issuer before the earlier of the final maturity date of the issue or the date that is 5 years after the issue date, bond years end on each anniversary of the issue date and on the final maturity date.
CAPITAL PROJECT OR CAPITAL PROJECTS means all capital expenditures, plus related working capital expenditures to which the de minimis rule under section 1.148-6(d)(3)(ii)(A) applies, that carry out the governmental purposes of an issue. For example, a capital project may include capital expenditures for one or more buildings, plus related start-up operating costs.
COMMINGLED FUND means any fund or account containing both gross proceeds of an issue and amounts in excess of $25,000 that are not gross proceeds of that issue if the amounts in the fund or account are invested and accounted for collectively, without regard to the source of funds deposited in the fund or account. An open-end regulated investment company under section 851, however, is not a commingled fund.
COMPUTATION DATE means each date on which the rebate amount for an issue is computed under section 1.148-3(e).
COMPUTATION PERIOD means the period between computation dates. The first computation period begins on the issue date and ends on the first computation date. Each succeeding computation period begins on the date immediately following the computation date and ends on the next computation date.
CONSISTENTLY APPLIED means applied uniformly within a fiscal period and between fiscal periods to account for gross proceeds of an issue and any amounts that are in a commingled fund.
DE MINIMIS AMOUNT means--
(1) In reference to original issue discount (as defined in section 1273(a)(1)) or premium on an obligation--
(i) An amount that does not exceed 2 percent multiplied by the stated redemption price at maturity; plus
(ii) Any original issue premium that is attributable exclusively to reasonable underwriters’ compensation; and
(2) In reference to market discount (as defined in section 1278(a)(2)(A)) or premium on an obligation, an amount that does not exceed 2 percent multiplied by the stated redemption price at maturity.
ECONOMIC ACCRUAL METHOD (also known as the constant interest method or actuarial method) means the method of computing yield that is based on the compounding of interest at the end of each compounding period.
FAIR MARKET VALUE means fair market value as defined in section 1.148-5(d)(6).
FIXED RATE INVESTMENT means any investment whose yield is fixed and determinable on the issue date.
FIXED YIELD BOND means any bond whose yield is fixed and determinable on the issue date using the assumptions and rules provided in section 1.148-4(b).
FIXED YIELD ISSUE means any issue if each bond that is part of the issue is a fixed yield bond.
GROSS PROCEEDS means any proceeds and replacement proceeds of an issue.
GUARANTEED INVESTMENT CONTRACT includes any nonpurpose investment that has specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate, and also includes any agreement to supply investments on two or more future dates (e.g., a forward supply contract).
HIGHER YIELDING INVESTMENTS means higher yielding investments as defined in section 148(b)(1).
INVESTMENT means any investment property as defined in sections 148(b)(2) and 148(b)(3), and any other tax-exempt bond.
INVESTMENT PROCEEDS means any amounts actually or constructively received from investing proceeds of an issue.
INVESTMENT-TYPE PROPERTY is defined in paragraph (e) of this section.
ISSUE PRICE means, except as otherwise provided, issue price as defined in sections 1273 and 1274. Generally, the issue price of bonds that are publicly offered is the first price at which a substantial amount of the bonds is sold to the public. Ten percent is a substantial amount. The public does not include bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters or wholesalers. The issue price does not change if part of the issue is later sold at a different price. The issue price of bonds that are not substantially identical is determined separately. The issue price of bonds for which a bona fide public offering is made is determined as of the sale date based on reasonable expectations regarding the initial public offering price. If a bond is issued for property, the applicable Federal tax-exempt rate is used in lieu of the Federal rate in determining the issue price under section 1274. The issue price of bonds may not exceed their fair market value as of the sale date.
ISSUER generally means the entity that actually issues the issue, and, unless the context or a provision clearly requires otherwise, each conduit borrower of the issue. For example, rules imposed on issuers to account for gross proceeds of an issue apply to a conduit borrower to account for any gross proceeds received under a purpose investment. Provisions regarding elections, filings, liability for the rebate amount, and certifications of reasonable expectations apply only to the actual issuer.
MULTIPURPOSE ISSUE means an issue the proceeds of which are used for two or more separate purposes determined in accordance with section 1.148-9(h).
NET SALE PROCEEDS means sale proceeds, less the portion of those sale proceeds invested in a reasonably required reserve or replacement fund under section 148(d) and as part of a minor portion under section 148(e).
NONPURPOSE INVESTMENT means any investment property, as defined in section 148(b), that is not a purpose investment.
PAYMENT means a payment as defined in section 1.148-3(d) for purposes of computing the rebate amount, and a payment as defined in section 1.148-5(b) for purposes of computing the yield on an investment.
PLAIN PAR BOND means a qualified tender bond or a bond--
(1) Issued with not more than a de minimis amount of original issue discount or premium;
(2) Issued for a price that does not include accrued interest other than pre-issuance accrued interest;
(3) That bears interest from the issue date at a single, stated, fixed rate or that is a variable rate debt instrument under section 1275, in each case with interest unconditionally payable at least annually; and
(4) That has a lowest stated redemption price that is not less than its outstanding stated principal amount.
PLAIN PAR INVESTMENT means an investment that is an obligation--
(1) Issued with not more than a de minimis amount of original issue discount or premium, or, if acquired on a date other than the issue date, acquired with not more than a de minimis amount of market discount or premium;
(2) Issued for a price that does not include accrued interest other than pre-issuance accrued interest;
(3) That bears interest from the issue date at a single, stated, fixed rate or that is a variable rate debt instrument under section 1275, in each case with interest unconditionally payable at least annually; and
(4) That has a lowest stated redemption price that is not less than its outstanding stated principal amount.
PRE-ISSUANCE ACCRUED INTEREST means amounts representing interest that accrued on an obligation for a period not greater than one year before its issue date but only if those amounts are paid within one year after the issue date.
PROCEEDS means any sale proceeds, investment proceeds, and transferred proceeds of an issue. Proceeds do not include, however, amounts actually or constructively received with respect to a purpose investment that are properly allocable to the immaterially higher yield under section 1.148-2(d) or section 143(g) or to qualified administrative costs recoverable under section 1.148-5(e).
PROGRAM INVESTMENT means a purpose investment that is part of a governmental program in which--
(1) The program involves the origination or acquisition of purpose investments;
(2) At least 95 percent (90 percent for qualified student loans under section 144(b)(1)(A)) of the cost of the purpose investments acquired under the program represents one or more loans to a substantial number of persons representing the general public, States or political subdivisions, 501(c)(3) organizations, persons who provide housing and related facilities, or any combination of the foregoing;
(3) At least 95 percent of the receipts from the purpose investments are used to pay principal, interest, or redemption prices on issues that financed the program, to pay or reimburse administrative costs of those issues or of the program, to pay or reimburse anticipated future losses directly related to the program, to finance additional purpose investments for the same general purposes of the program, or to redeem and retire governmental obligations at the next earliest possible date of redemption;
(4) The program documents prohibit any obligor on a purpose investment financed by the program or any related party to that obligor from purchasing bonds of an issue that finance the program in an amount related to the amount of the purpose investment acquired from that obligor; and
(5) The issuer has not waived the right to treat the investment as a program investment.
PURPOSE INVESTMENT means an investment that is acquired to carry out the governmental purpose of an issue.
QUALIFIED ADMINISTRATIVE COSTS means qualified administrative costs as defined in section 1.148-5(e).
QUALIFIED GUARANTEE means a qualified guarantee as defined in section 1.148-4(f).
QUALIFIED HEDGE means a qualified hedge as defined in section 1.148-4(h)(2).
REASONABLE EXPECTATIONS OR REASONABLENESS. An issuer‘s expectations or actions are reasonable only if a prudent person in the same circumstances as the issuer would have those same expectations or take those same actions, based on all the objective facts and circumstances. Factors relevant to a determination of reasonableness include the issuer’s history of conduct concerning stated expectations made in connection with the issuance of obligations, the level of inquiry by the issuer into factual matters, and the existence of covenants, enforceable by bondholders, that require implementation of specific expectations. For a conduit financing issue, factors relevant to a determination of reasonableness include the reasonable expectations of the conduit borrower, but only if, under the circumstances, it is reasonable and prudent for the issuer to rely on those expectations.
REBATE AMOUNT means 100 percent of the amount owed to the United States under section 148(f)(2), as further described in section 1.148-3.
RECEIPT means a receipt as defined in section 1.148-3(d) for purposes of computing the rebate amount, and a receipt as defined in section 1.148-5(b) for purposes of computing yield on an investment.
REFUNDING ESCROW means one or more funds established as part of a single transaction or a series of related transactions, containing proceeds of a refunding issue and any other amounts to provide for payment of principal or interest on one or more prior issues. For this purpose, funds are generally not so established solely because of--
(1) The deposit of proceeds of an issue and replacement proceeds of the prior issue in an escrow more than 6 months apart, or
(2) The deposit of proceeds of completely separate issues in an escrow.
REPLACEMENT PROCEEDS is defined in paragraph (c) of this section.
RESTRICTED WORKING CAPITAL EXPENDITURES means working capital expenditures that are subject to the proceeds-spent-last rule in section 1.148-6(d)(3)(i) and are ineligible for any exception to that rule.
SALE PROCEEDS means any amounts actually or constructively received from the sale of the issue, including amounts used to pay underwriters‘ discount or compensation and accrued interest other than pre-issuance accrued interest. Sale proceeds also include, but are not limited to, amounts derived from the sale of a right that is associated with a bond, and that is described in section 1.148-4(b)(4) See also section 1.148-4(h)(5) treating amounts received upon the termination of certain hedges as sale proceeds..
STATED REDEMPTION PRICE means the redemption price of an obligation under the terms of that obligation, including any call premium.
TRANSFERRED PROCEEDS means transferred proceeds as defined in section 1.148-9 (or the applicable corresponding provision of prior law).
UNCONDITIONALLY PAYABLE means payable under terms in which -- (1) Late payment or nonpayment results in a significant penalty to the borrower or reasonable remedies to the lender, and (2) It is reasonably certain on the issue date that the payment will actually be made.
VALUE means value determined under section 1.148-4(e) for a bond, and value determined under section 1.148-5(d) for an investment.
VARIABLE YIELD BOND means any bond that is not a fixed yield bond.
VARIABLE YIELD ISSUE means any issue that is not a fixed yield issue.
YIELD means yield computed under section 1.148-4 for an issue, and yield computed under section 1.148-5 for an investment.
YIELD RESTRICTED means required to be invested at a yield that is not materially higher than the yield on the issue under section 148(a) and section 1.148-2.