How The Build America Bond Program Will Impact Municipal Bonds

The Build America Bonds (BABs) program, a newprogram might have on existing tax exempt
piece of legislation from the Obamamunicipal bonds. The BABs program only allows
Administration, focuses on aiding struggling statebonds to be sold for new projects, not to
and local municipalities across the U.S. Therefinance debt incurred in the past. An issuer can't
program, part of the American Recovery andissue BABs to call old debt. Therefore, if the
Reinvestment Act of 2009, creates taxableBABs program gains significant momentum, the
municipal bonds, a radical departure from themunicipal bonds currently in the marketplace are
long-standing tax exempt status quo for munis.less likely to be redeemed early. As a result many
While bonds issued under the BABs program areof the bonds already issued are, in-effect,
fully taxable, the issuer receives a direct subsidynon-callable. More importantly, if new issues of tax
equal to 35% of the bonds coupon, or statedexempt bonds are virtually non-existent, the
interest rate. The intent is to make some of thedemand for existing issues by the highest tax
benefits of traditional muni bonds available topayers could increase significantly.
investors outside the highest tax brackets.Some critics of the program argue that while
For many years there has been talk within theBABs might have some benefits for those outside
Treasury Department and the IRS that the taxthe highest tax brackets, the wealthiest individuals
exemption for municipal bonds is an inefficientwill still reap the most rewards. While this might be
subsidy since it allows only the highest taxpayersthe case, I applaud the program's goal of trying to
to benefit from the tax exempt income. Atbring the median income individual into the muni
current tax rates, top bracket earners avoidbond market. This could very well be a nice
paying 35% on that income. That benefitaddition for those living on their income from
obviously will increase if/when taxes go up.investments (like CD's, etc.) and a huge win for
The BABs program will have significant benefits ifmunicipalities in those parts of the country that
it is embraced by lower bracket earners whoare struggling right now.
need taxable income from their investments. TheThat said, the biggest winners just might be those
program will make it easier for municipalities tothat already own the old-style, tax exempt
raise needed funds by bringing in a large newversion of municipal bonds. We are telling our
group of investors that have not previouslyclients to hold on to their high quality Arizona tax
participated in the municipal bond arena.free bonds.
There is some question about what effect this