Single-Multifamily Bond Tax Counsel

332-RFQ25-1008

Posted

Cheryl Mathis

(512) 475-3991

cheryl.mathis@tdhca.state.tx.us

8/11/2025

11:00 AM

332

21+ Days for Solicitation Notice

7/11/2025

7/11/2025 4:57 pm

96149-Legal Services, Attorneys;

Description of the servicesrequested. Tax Counsel: Specialized TaxCounsel Services relating to the federal Tax Code.

(a) Providespecialized legal advice regarding the IRS Code as it applies to the Agency's

Single family and multifamily bondfinancing activities and to the programs funded with the proceeds of bonds,particularly with respect to the structure of proposed new issues of bonds andthe structure and operation of the new programs relating to such bonds.

(b) Provide required tax opinionsevidencing compliance of each new issue of bonds

with applicable provision of the IRSCode, and the adequacy of program documents

and operating procedures/policies of theAgency to reasonably assure compliance

with such Code provisions including, amongothers, Targeted Area designations,

borrower income limitations and home saleprice limitations.

(c) Reviewand approve the detailed procedures to be followed by the Agency in calculatingthe Bond Yield and the Mortgage Yield associated with each new issue of bondsand each new bond-financed loan program.

Note: Theinitial calculation is provided by the Financial Advisor, but it is expectedthat Tax Counsel will review and concur with this calculation.

(d) Reviewthe Bond/Mortgage Yield calculations prepared by the Agency's Financial Advisorfor each new issue of bonds for the purpose of determining the extent to whichsuch calculations may be relied upon in preparing the Arbitrage Certificate forsuch bonds.

(e) Preparethe Arbitrage Certificate relating to each new issue of bonds and deliver suchCertificate prior to closing.

(f) Assistthe Department (or Agency) on 32-year and 10-year rule analysis, mattersrelated to federal recapture tax, cross calling, and universal caprequirements, as needed.

(g) Prepareand file required IRS and State forms.

(h) Provideinformation regarding IRS letter rulings, interpretive releases, regulatorychanges, or other actions affecting mortgage revenue bonds and mortgage loanprograms.

(i) Uponrequest of Agency or General Counsel, cooperating with and assisting Agency inresponding to any subpoena or inquiry from any federal, state or localregulatory or enforcement agency or issued by a court of competent jurisdictionrelated to any Bond issuance wherein Tax Counsel has provided services.