26 USC 150 - Definitions and special rules

U.S Code last checked for updates: Nov 22, 2024

§ 150.

Definitions and special rules

(a)

General rule

For purposes of this part—

(1)

Bond

(2)

Governmental unit not to include Federal Government

(3)

Net proceeds

(4)

501(c)(3) organization

(5)

Ownership of property

(6)

Tax-exempt bond

(b)

Change in use of facilities financed with tax-exempt private activity bonds

(1)

Mortgage revenue bonds

(A)

In general

(B)

Exception

(2)

Qualified residential rental projects

In the case of any project for residential rental property—

(A)

with respect to which financing is provided from the proceeds of any private activity bond which, when issued, purported to be a tax-exempt bond described in paragraph (7) of section 142(a), and

(B)

which does not meet the requirements of section 142(d),

no deduction shall be allowed under this chapter for interest on such financing which accrues during the period beginning on the 1st day of the taxable year in which such project fails to meet such requirements and ending on the date such project meets such requirements. If the provisions of prior law corresponding to section 142(d) apply to a refunded bond, such provisions shall apply (in lieu of section 142(d)) to the refunding bond.

(3)

Qualified 501(c)(3) bonds

(A)

In general

In the case of any facility with respect to which financing is provided from the proceeds of any private activity bond which, when issued, purported to be a tax-exempt qualified 501(c)(3) bond, if any portion of such facility—

(i)

is used in a trade or business of any person other than a 501(c)(3) organization or a governmental unit, but

(ii)

continues to be owned by a 501(c)(3) organization,

then the owner of such portion shall be treated for purposes of this title as engaged in an unrelated trade or business (as defined in section 513) with respect to such portion. The amount of gross income attributable to such portion for any period shall not be less than the fair rental value of such portion for such period.

(B)

Denial of deduction for interest

(4)

Certain exempt facility bonds and small issue bonds

(A)

In general

(B)

Bonds to which paragraph applies

(5)

Facilities required to be owned by governmental units or 501(c)(3) organizations

If—

(A)

financing is provided with respect to any facility from the proceeds of any private activity bond which, when issued, purported to be a tax-exempt bond,

(B)

such facility is required to be owned by a governmental unit or a 501(c)(3) organization as a condition of such tax exemption, and

(C)

such facility is not so owned,

then no deduction shall be allowed under this chapter for interest on such financing which accrues during the period beginning on the date such facility is not so owned and ending on the date such facility is so owned.

(6)

Small issue bonds which exceed capital expenditure limitation

(c)

Exception and special rules for purposes of subsection (b)

For purposes of subsection (b)—

(1)

Exception

(2)

Treatment of amounts other than interest

(3)

Use of portion of facility

(4)

Cessation with respect to portion of facility

(5)

Regulations

(d)

Qualified scholarship funding bond

For purposes of this part and section 103—

(1)

Treatment as State or local bond

(2)

Qualified scholarship funding bond defined

The term “qualified scholarship funding bond” means a bond issued by a corporation which—

(A)

is a corporation not for profit established and operated exclusively for the purpose of acquiring student loan notes incurred under the Higher Education Act of 1965, and

(B)

is organized at the request of the State or 1 or more political subdivisions thereof or is requested to exercise such power by 1 or more political subdivisions and required by its corporate charter and bylaws, or required by State law, to devote any income (after payment of expenses, debt service, and the creation of reserves for the same) to the purchase of additional student loan notes or to pay over any income to the United States.

(3)

Election to cease status as qualified scholarship funding corporation

(A)

In general

(B)

Assets and liabilities of issuer transferred to taxable subsidiary

The requirements of this subparagraph are met by an issuer if—

(i)

all of the student loan notes of the issuer and other assets pledged to secure the repayment of qualified scholarship funding bond indebtedness of the issuer are transferred to another corporation within a reasonable period after the election is made under this paragraph;

(ii)

such transferee corporation assumes or otherwise provides for the payment of all of the qualified scholarship funding bond indebtedness of the issuer within a reasonable period after the election is made under this paragraph;

(iii)

to the extent permitted by law, such transferee corporation assumes all of the responsibilities, and succeeds to all of the rights, of the issuer under the issuer’s agreements with the Secretary of Education in respect of student loans;

(iv)

immediately after such transfer, the issuer, together with any other issuer which has made an election under this paragraph in respect of such transferee, hold all of the senior stock in such transferee corporation; and

(v)

such transferee corporation is not exempt from tax under this chapter.

(C)

Issuer to operate as independent organization described in section 501(c)(3)

The requirements of this subparagraph are met by an issuer if, within a reasonable period after the transfer referred to in subparagraph (B)—

(i)

the issuer is described in section 501(c)(3) and exempt from tax under section 501(a);

(ii)

the issuer no longer is described in subparagraphs (A) and (B) of paragraph (2); and

(iii)

at least 80 percent of the members of the board of directors of the issuer are independent members.

(D)

Senior stock

For purposes of this paragraph, the term “senior stock” means stock—

(i)

which participates pro rata and fully in the equity value of the corporation with all other common stock of the corporation but which has the right to payment of liquidation proceeds prior to payment of liquidation proceeds in respect of other common stock of the corporation;

(ii)

which has a fixed right upon liquidation and upon redemption to an amount equal to the greater of—

(I)

the fair market value of such stock on the date of liquidation or redemption (whichever is applicable); or

(II)

the fair market value of all assets transferred in exchange for such stock and reduced by the amount of all liabilities of the corporation which has made an election under this paragraph assumed by the transferee corporation in such transfer;

(iii)

the holder of which has the right to require the transferee corporation to redeem on a date that is not later than 10 years after the date on which an election under this paragraph was made and pursuant to such election such stock was issued; and

(iv)

in respect of which, during the time such stock is outstanding, there is not outstanding any equity interest in the corporation having any liquidation, redemption or dividend rights in the corporation which are superior to those of such stock.

(E)

Independent member

The term “independent member” means a member of the board of directors of the issuer who (except for services as a member of such board) receives no compensation directly or indirectly—

(i)

for services performed in connection with such transferee corporation, or

(ii)

for services as a member of the board of directors or as an officer of such transferee corporation.

For purposes of clause (ii), the term “officer” includes any individual having powers or responsibilities similar to those of officers.

(F)

Coordination with certain private foundation taxes

For purposes of sections 4942 (relating to the excise tax on a failure to distribute income) and 4943 (relating to the excise tax on excess business holdings), the transferee corporation referred to in subparagraph (B) shall be treated as a functionally related business (within the meaning of section 4942(j)(4)) with respect to the issuer during the period commencing with the date on which an election is made under this paragraph and ending on the date that is the earlier of—

(i)

the last day of the last taxable year for which more than 50 percent of the gross income of such transferee corporation is derived from, or more than 50 percent of the assets (by value) of such transferee corporation consists of, student loan notes incurred under the Higher Education Act of 1965; or

(ii)

the last day of the taxable year of the issuer during which occurs the date which is 10 years after the date on which the election under this paragraph is made.

(G)

Election

(e)

Bonds of certain volunteer fire departments

For purposes of this part and section 103—

(1)

In general

A bond of a volunteer fire department shall be treated as a bond of a political subdivision of a State if—

(A)

such department is a qualified volunteer fire department with respect to an area within the jurisdiction of such political subdivision, and

(B)

such bond is issued as part of an issue 95 percent or more of the net proceeds of which are to be used for the acquisition, construction, reconstruction, or improvement of a firehouse (including land which is functionally related and subordinate thereto) or firetruck used or to be used by such department.

(2)

Qualified volunteer fire department

For purposes of this subsection, the term “qualified volunteer fire department” means, with respect to a political subdivision of a State, any organization—

(A)

which is organized and operated to provide firefighting or emergency medical services for persons in an area (within the jurisdiction of such political subdivision) which is not provided with any other firefighting services, and

(B)

which is required (by written agreement) by the political subdivision to furnish firefighting services in such area.

For purposes of subparagraph (A), other firefighting services provided in an area shall be disregarded in determining whether an organization is a qualified volunteer fire department if such other firefighting services are provided by a qualified volunteer fire department (determined with the application of this sentence) and such organization and the provider of such other services have been continuously providing firefighting services to such area since January 1, 1981.

(3)

Treatment as private activity bonds only for certain purposes

(Added Pub. L. 99–514, title XIII, § 1301(b), Oct. 22, 1986, 100 Stat. 2651; amended Pub. L. 100–647, title I, § 1013(a)(23), (24)(A), (30)–(33), title VI, § 6182(a), (b), Nov. 10, 1988, 102 Stat. 3542, 3543, 3729; Pub. L. 104–188, title I, § 1614(a), Aug. 20, 1996, 110 Stat. 1851.)

cite as: 26 USC 150