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HomeEducation CodeDiv. 14Pt. 68.2Ch. 2Art. 2§ 100838 Bond Tax Exemption Compliance

§ 100838 Bond Tax Exemption Compliance

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 100838 Bond Tax Exemption Compliance

This law lets the state treasurer keep the money from special tax‑free bonds and the earnings on that money in separate accounts, so the bonds stay tax‑free and can be used to meet any federal requirements.

Key Takeaways

  • •Separate accounts are required for bond proceeds and the earnings on those proceeds.
  • •The treasurer can use the earnings to satisfy any federal rebate, penalty, or other payment needed to keep the bonds tax‑exempt.
  • •These actions help the state keep the tax‑exempt advantage of the bonds.

Example

The state sells bonds that say the interest is not taxable for federal taxes. The treasurer puts the cash from those bonds in one account and the interest earned on that cash in another account.

By keeping the two piles of money separate, the treasurer can use the interest earnings to pay any federal rebates or penalties that the law requires, making sure the bonds stay tax‑free.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 100838 Bond Tax Exemption Compliance

Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.)

Last verified: January 10, 2026

Key Terms

bond counsel opiniontax-exempt statusfederal law

Related Statutes

  • § 100438 Bond Proceeds Tax Compliance
  • § 100638 Bond Proceeds Tax Compliance
  • § 101027 Bond Proceeds Tax Compliance
  • § 101137 Bond Tax Exemption Compliance
  • § 101427 Bond Tax Compliance Accounts

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 100838.
View Official Source