IRS closes audit of Waterloo, Iowa, bonds

The Internal Revenue Service has closed its audit of roughly $20 million of bonds issued by the City of Waterloo, Iowa, with no change to the tax status of the bonds.

The IRS notified the city Aug. 24, according to an EMMA notice posted Tuesday. The bonds in question were issued in 2016 to finance capital projects, purchase city vehicles, and refinance debt issued in 2008.

The brief notice stated that “based on their audit of the debt issuance, General Obligation Bonds, Series 2016A, the audit will be closed with no change to the tax-advantaged status of the bonds.”

Internal Revenue Service announces new enforcement measures.
An IRS audit of bonds issued by Waterloo, Iowa, closed without a change to their tax status.
Bloomberg News

The IRS conducts both routine and targeted audits of tax-exempt bonds, and many are never disclosed on EMMA. Most recently, at the end of July, El Paso County, Texas, disclosed that the IRS had reached a preliminary determination that two series of county refunding bonds were retroactively taxable.

In June, Winchester, Virginia announced that the IRS had closed an audit of some of its bonds with no change.

The IRS said that its initial 2021 focus on tax compliance and enforcement involves potential arbitrage violations of Internal Revenue Code Section 148 by the investment of bond proceeds in higher-yielding investments beyond the allowable temporary period under Treasury Regulation (Treas. Reg.)1.148-2(e).

In fiscal 2020, the top IRS enforcement and compliance priorities were public safety and jail bonds, sinking fund overfunding, and variable-rate bonds.

Waterloo’s municipal advisor, Speer Financial, did not respond to a request for comment on the audit or a question about whether the audit stemmed from a routine examination.

The Series 2016A was comprised of $8.6 million of tax-exempt GO bonds, in a competitive deal priced at the same time Waterloo sold a $1.8 million taxable GO Series 2016B and a $9.25 million taxable urban renewal bond Series 2016C.

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