|
05 Mar 2008 10:14:16 | Paul Nicolosi
Industrial Revenue Bonds have a variety of names and purposes,
but there are three basic types of bond issuances as follows:
* Tax Exempt - (Small Issue IDB's) Because the income derived by
the bond holder is not subject to federal income tax, the
maximum bond amount is $10 million in any given jurisdiction.
According to federal regulations, the $10 million total includes
the bond amount and capital expenditures over a six year period
going both backwards and forwards three years. The maximum any
company may have is $40 million nationwide outstanding at any
given period. * Taxable - They are not exempt from federal tax.
The essential difference is that the Taxable bond rate is more
costly to the borrower and not being subject to the federal
volume cap, may exceed $10 million in bond amount. * Exempt
Facility/Solid Waste Disposal Bond - These bonds are subject to
volume cap although there is no restriction on amount and the
interest on these bonds is federally tax exempt.
These types of bonds are issued frequently by municipalities for
a variety of industrial projects, including the construction,
rebuilding, improvements, remodeling, etc. of the industrial
project. The purpose of such bonds, according to 445/3, is to
"encourage the increase of industry and commerce in the State."
The Illinois Municipal Handbook states that the issuance of such
bonds is subject to many federal statutes and regulations and
they recommend seeking advice of bond counsel.
In order to pursue this, a resolution authorizing such would
need to be adopted. The bonds may be issued in series and must
mature within 40 years from their dates. Nonetheless, there is
no liability on the interest or principal of the authority
issuing those bonds. Municipalities would also be responsible
for establishing, collecting, and revising revenues for the
purpose. Finally, these bonds may be sold at a private sale and
issued without a referendum.
About Author :
Rockford native Paul Nicolosi concentrates his legal practice in
business law and transactions, and business and estate planning.
He is active on several company boards and participates in
regular company reviews for consideration by venture capital
firms.
|