FY 2019 Sequestration Reduction Rate for Direct Pay Tax Credit Bonds Set at 6.2 Percent

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According to the IRS website, the sequester reduction rate applied to payments made to issuers of direct pay tax credit bonds in fiscal year 2019 will be 6.2 percent. This percentage will apply to all subsidy payments scheduled to be made on or after October 1, 2018 through and including September 30, 2019.

The fiscal year 2019 sequestration reduction rate represents a slight decrease from the fiscal year 2018 sequestration reduction rate of 6.6 percent. Congress may still alter the sequester for fiscal year 2019, and if such action is taken, the percentage may change or be eliminated. Absent Congressional action, the sequester reductions will continue through and including fiscal year 2027, with the sequestration reduction rate being set at different percentages each year.

Direct pay bonds include Build America Bonds, Qualified School Construction Bonds, Qualified Zone Academy Bonds, New Clean Renewable Energy Bonds, and Qualified Energy Conservation Bonds for which an issuer elected to receive a direct credit subsidy pursuant to section 6431 of the Internal Revenue Code. As we have previously posted, the Tax Cuts and Jobs Act eliminated the ability to issue all categories of direct pay bonds after December 31, 2017. However, issuers who issued direct pay bonds before January 1, 2018, continue to be eligible to receive the federal subsidy payment (reduced by the applicable sequestration reduction rate).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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