The Internal Revenue Service recently issued a private letter ruling to the State of California that permits the State to remarket $132 million of taxable Build America Bonds ("BABs") issued in 2009 and 2010. California is the first state to remarket outstanding BABs since the legal authorization for BABs expired at the end of 2010.

BABs represent one of the more successful programs authorized under the American Recovery and Reinvestment Act of 2009. Under the program, the federal government generally pays a direct subsidy of 35% of the interest costs to a bond issuer, thereby lowering the borrowing cost for state and local infrastructure financing. Over $180 billion in BABs were issued during the two-year life of the program. Many politicians, including President Obama, have proposed reinstating the BABs program.

Goodwin Procter LLP is one of the nation's leading law firms, with a team of 700 attorneys and offices in Boston, Los Angeles, New York, San Diego, San Francisco and Washington, D.C. The firm combines in-depth legal knowledge with practical business experience to deliver innovative solutions to complex legal problems. We provide litigation, corporate law and real estate services to clients ranging from start-up companies to Fortune 500 multinationals, with a focus on matters involving private equity, technology companies, real estate capital markets, financial services, intellectual property and products liability.

This article, which may be considered advertising under the ethical rules of certain jurisdictions, is provided with the understanding that it does not constitute the rendering of legal advice or other professional advice by Goodwin Procter LLP or its attorneys. © 2011 Goodwin Procter LLP. All rights reserved.