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Official form guide
Form 8038: Information Return for Tax-Exempt Private Activity Bond Issues
IRS Form 8038 is an Information Return for Tax‑Exempt Private Activity Bond Issues, used by issuers of such bonds to report required data to the IRS. It must be filed by the 15th day of the second calendar month after the quarter in which the bond was issued.
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IRS Form 8038 - Information Return for Tax-Exempt Private Activity Bond Issues
IRS Form 8038 is an Information Return for Tax‑Exempt Private Activity Bond Issues, used by issuers of such bonds to report required data to the IRS. It must be filed by the 15th day of the second calendar month after the quarter in which the bond was issued.
Risk Radar
Scan points- 1Do not file Form 8038 before the bond’s issue date.
- 2Filing Form 8038 before the bond’s issue date, which the instructions prohibit.
- 3Missing the deadline of the 15th day of the second month after the quarter closes.
- 4Submitting copies of the trust indenture or other bond documents with the return.
- 5Using a private delivery service to mail the form to a P.O. box, which PDS cannot deliver.
Plain English
Form 8038 tells the IRS about each tax‑exempt private activity bond an issuer sells. It includes details like the bond type, issue price, and maturity date. The issuer sends the form after the bond is issued, and must do it on time to avoid problems.
Submission Date
- Filing date: 2025-10-01 22:10:17
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use this form when an issuer files a separate Form 8038 for each issue of tax‑exempt private activity bonds.
- Do not use it when reporting tax‑exempt bonds that are not private activity bonds.
- Check Form 8038‑G instead when reporting tax‑exempt governmental bonds.
Form selector
Use this form or another form?
Reporting a tax‑exempt governmental bond (not a private activity bond)
Form 8038‑G is required for governmental bonds, not Form 8038
✓ Confirm the bond is governmental, not private activity
Reporting a small tax‑exempt governmental bond issue, lease, or installment sale
Form 8038‑GC covers small governmental bond issues, leases, and installment sales
✓ Verify the issue qualifies as small under the regulations
Rebating arbitrage or paying a penalty in lieu of arbitrage rebate
Form 8038‑T is used for arbitrage rebate, yield reduction, and penalty reporting
✓ Ensure arbitrage rebate or penalty applies
Deadline or filing window
The filing deadline is triggered when a tax‑exempt private activity bond is issued. The return is due on the 15th day of the second calendar month after the close of that quarter. An extension may be granted under section 3 of Rev. Proc. 2002‑48 if the issuer files a relief request with an explanation.
Checklist
What you need before filling it out
Issue date
Bond issue date · Bond trust indenture
Line 11a
Data required by new instructions · Form instructions
Line 11q
Data required by new instructions · Form instructions
Arbitrage rebate or penalty
Arbitrage rebate calculation · Form 8038‑T
Money amounts
Whole‑dollar amounts · Financial statements
Before you submit
- 1Verify the issue date is entered on the form
- 2Confirm the filing deadline is the 15th day of the 2nd calendar month after the quarter of issuance
- 3Round all monetary entries to whole dollars as instructed
- 4Attach a relief request letter if filing after the deadline
- 5Do not attach copies of the trust indenture or other bond documents
- 6Check that the form is signed where required
- 7Use the IRS Center address in Ogden, UT for mailing
- 8If using a private delivery service, ensure it is on the IRS‑approved list
- 9Confirm no copies are sent to the comments address
- 10Verify the correct form number (8038) appears at the top of the page
How to file this form
- 1Determine the bond issue type and quarter of issuance
- 2Complete Form 8038 with whole‑dollar amounts and required data
- 3Attach any required relief request letter for late filing
- 4Mail the completed form and attachments to the IRS Center in Ogden, UT
- 5Obtain a mailing receipt as proof of filing
Known limitations
- 1The $150 million limit does not apply to bonds issued after August 5, 1997 if 95 % or more of net proceeds are used solely for capital expenditures incurred after that date.
- 2No volume cap applies to high‑speed intercity rail facilities and qualified broadband projects when all bond‑financed property is owned by a governmental unit.
- 3Form 8038 may not be filed before the bond’s issue date.
- 4When a construction issue includes an irrevocable election to pay a penalty, the penalty is reported on Form 8038‑T, not on Form 8038.
Field map
Compact field-by-field guide
General Info
2 items
Full legal name and taxpayer identification number (SSN or EIN).
Current mailing address.
Details
2 items
Complete all applicable sections of this form according to the official IRS instructions.
Enter the relevant dollar amount if this form involves tax calculation.
Certification
1 items
Read and acknowledge any certifications required by this form.
Signatures
1 items
Sign and date. Unsigned forms cannot be processed.
Almost done reviewing the fields?
Fillable formOpen in Editor->The instructions are Rev. September 2025. The source directs users to IRS.gov/Form8038 for the latest information. Exempt facility bonds for spaceports were added by P.L. 119-21 and new instructions for Line 11a and Line 11q are included.
What changed or needs a fresh check
- Edition date — confirm the revision reads September 2025
- Fee — Not stated in the official source
- Mailing address — confirm filing address is Department of the Treasury Internal Revenue Service Center Ogden, UT 84201
- Signature — Not stated in the official source
Quick Facts
Downloads
After you file
- 1Retain the filed Form 8038 and all attachments for your records.
- 2If filing late, request an extension by attaching a letter titled “Request for Relief under section 3 of Rev. Proc. 2002‑48.”
- 3Do not include copies of the trust indenture or other bond documents with the filing.
- 4Use an IRS‑designated private delivery service to obtain proof of timely mailing.
- 5File Form 8038 and any attachments at the IRS Center in Ogden, UT 84201.
Sources
- SRCInstructions p.1 — issuers must file a separate Form 8038 for each issue of tax‑exempt private activity bonds issued after 1986.
- SRCInstructions p.1 — filing deadline is the 15th day of the 2nd calendar month after the close of the calendar quarter in which the bond was issued.
- SRCInstructions p.1 — Form 8038 may not be filed before the issue date.
- SRCInstructions p.1 — late filing may be granted an extension under section 3 of Rev. Proc. 2002‑48.
- SRCInstructions p.1 — request for relief must be titled “Request for Relief under section 3 of Rev. Proc. 2002‑48” and attached to Form 8038.
- SRCInstructions p.4 — the $150 million limit does not apply to bonds issued after August 5, 1997, if 95 % or more of net proceeds are used solely for capital expenditures incurred after that date.
- SRCInstructions p.6 — no volume cap applies to high‑speed intercity rail facilities and qualified broadband projects when all bond‑financed property is governmentally owned.
- SRCInstructions p.6 — check the box for a construction issue with an irrevocable election to pay a penalty; penalty is payable with Form 8038‑T, not on Form 8038.
- SRCInstructions p.1 — file Form 8038 and attachments at IRS Center, Ogden, UT 84201; private delivery services may be used for timely mailing.
- SRCInstructions p.8 — do not send Form 8038 to the comments address; use the filing address provided earlier.
Common confusion points
When is the filing deadline?
I’m unsure if the deadline is based on the issue date or the quarter end.
→ Confirm the deadline is the 15th day of the second calendar month after the quarter in which the bond was issued.
Can I file Form 8038 before the bond issue date?
I think filing early speeds processing.
→ Do not file before the issue date; the form must be based on facts as of the issue date.
Do I need to include the trust indenture with my filing?
The instructions mention bond documents.
→ Do not attach copies of the trust indenture or other bond documents.
Is the $150 million volume cap applicable to my 1998 bond?
I assume all bonds have the cap.
→ The cap does not apply to bonds issued after August 5, 1997 if 95 % of net proceeds are used for capital expenditures.
Do high‑speed rail projects need to follow the volume cap?
I think all private activity bonds are capped.
→ No volume cap applies to high‑speed intercity rail facilities and qualified broadband projects when all property is governmentally owned.
How do I report a penalty for a construction issue?
I plan to enter the amount on Form 8038.
→ Check the construction‑issue box and file the penalty on Form 8038‑T for each six‑month period, not on Form 8038.
Workflow map
Related forms and next steps
Before
Current
After
Often used with
⚠ If something goes wrong
- Form 8038‑T – attach the penalty election document when a penalty election is made.
Questions about IRS Form 8038
What is IRS Form 8038 used for?
Form 8038 tells the IRS about each tax‑exempt private activity bond an issuer sells. It includes details like the bond type, issue price, and maturity date. The issuer sends the form after the bond is issued, and must do it on time to avoid problems.
Who must file IRS Form 8038?
Issuers of tax‑exempt private activity bonds must file a separate Form 8038 for each bond issue issued after 1986, including exempt facility bonds, qualified mortgage bonds, qualified veterans' mortgage bonds, qualified small issue bonds, qualified student loan bonds, qualified redevelopment bonds, qualified hospital bonds, qualified 501(c)(3) bonds, nongovernmental output property bonds, and all other tax‑exempt private activity bonds.
What information does IRS Form 8038 require?
The form collects the bond’s identifying information, such as the type of issue (lines 10a‑10b), issue price, reissuance details (line 20b), and the issuer’s contact address (lines 3a‑4).
When is IRS Form 8038 due?
File Form 8038 by the 15th day of the 2nd calendar month after the close of the calendar quarter in which the bond was issued.
Where do I file IRS Form 8038?
Send Form 8038 and any attachments to the Internal Revenue Service Center in Ogden, UT 84201, or use an IRS‑approved private delivery service as listed on IRS.gov/PDS.
How do I complete IRS Form 8038?
Enter the issuer’s address on lines 3a‑4. In Part II, fill lines 10a and 10b with the bond type and issue price. If the bonds are reissued, describe the original issue and amount on line 20b. When filing after the deadline, attach a letter requesting relief and explain why the filing was late. Submit the completed form to the Ogden IRS Center or via an approved private delivery service.
What happens if IRS Form 8038 is filed incorrectly?
If the IRS determines the late filing was due to willful neglect, relief under Rev. Proc. 2002‑48 may be denied.
When is the filing deadline?
I’m unsure if the deadline is based on the issue date or the quarter end. Confirm the deadline is the 15th day of the second calendar month after the quarter in which the bond was issued.
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