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8.A. - Page 63 adoption of any such initiative or legislation might place limitations on the ability of tlle State, the City, or local districts to uzcrease revenues or to increase appropriations. TAX MATTERS General. In the opinion of Bond Counsel, under existing laws, regulations, rulings and judicial decisions, interest on the Bonds is excludable from gross income for federal income tax purposes. Bond Counsel is further of the opi�lion that interest on the Bonds is not a specific preference item for purposes of the federal individual or corporate alternative minimum taxes, 1lthough Bond Counsel observes that it is included in ldjusted current earnings for purposes of the federal alternative minimum tax imposed on individuals and corporations. The opinions described in the preceding sentences assume the accuracy of certain representations and compliance by the City with covenants designed to satisfy the requirements of the Code that must be met subsequent to the issuance of the Bonds. Failure to comply with such requirements could cause interest on the Bonds to be included in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds. The City will covenant to comply with such requirements. Bond Counsel has expressed no opinion regarding other federll tax consequences arising with respect to the Bonds. Bond Counsel is of the opinion that under existi�lg laws, regulations, rulings and judicial decisions, interest on the Bonds is exempt from State of California personal income taxes. The lccrull or receipt of interest on the Bonds may otherwise affect the federll income tax liability of the owners of the Bonds. The extent of these other tax consequences will depend upon such owners' particular tax status and other items of i�lcome or deduction. Bond Counsel has expressed no opinion regarding any such consequences. Purchasers of the Bonds, particularly purchasers that 1re corporations (including S corporations 1nd foreign corporations operati�lg branches in the United States), property or casualty insurance companies, banl<s, thrifts or other financial institutions, certain recipients of social security or railroad retirement benefits, taxpayers otherwise entitled to claim the earned income credit, or taxplyers who may be deemed to have incurred or continued indebtedness to purchase or carry tax-exempt obligations, should consult their tax advisors as to the tax consequences of purchasing or owning the Bonds. Backup Withholding. As a result of the enactment of the T1x Increase Prevention and Reconciliation Act of 2005, interest on tax-exempt obligations such as the Bonds is subject to information reporting in a manner similar to interest paid on taxable obligations. Bacl<up withholduzg may be imposed on payments made after March 31, 2007 to any bondholder who fails to provide certain required information including an lccurate tlxplyer identification number to any person required to collect such informltion pursuant to Section 6049 of the Code. The new reporting requirement does not in and of itself affect or alter the excludability of interest on the Bonds from gross income for federal income tax purposes or any other federll tax consequence of purchasing, holding or selling tax-exempt obligations. Tax Treatment of Original Issue Discount. If the initial offering price to the public (excluding bond houses and brokers) at which a Bond is sold is less than the amount payable 1t maturity thereof, then such ditference constitutes "original issue discount" for purposes of federal income taxes and State of Califomia personal income taxes. If the initial offering price to the public (excludi�zg bond houses and brokers) at which a Bond is sold is greater than the amount payable at maturity thereof, then the excess of the tax basis of a purchaser of such Bond (other than a purchaser who holds such Bond as inventory, stock in trade or for sale to customers in the ordi�lary course of business) over the principal amouilt of such Bond constitutes "original issue premium° for purposes of federal income taxes and State of California personal income taxes. -39-