26 USC 853A - Credits from tax credit bonds allowed to shareholders

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

§ 853A.

Credits from tax credit bonds allowed to shareholders

(a)

General rule

A regulated investment company—

(1)

which holds (directly or indirectly) one or more tax credit bonds on one or more applicable dates during the taxable year, and

(2)

which meets the requirements of section 852(a) for the taxable year (determined after the application of this section),

may elect the application of this section with respect to some or all of the credits allowable (determined without regard to this section and sections 54(c), 54A(c)(1), 54AA(c)(1), and 1397E(c)) 1

 See References in Text note below.

to the investment company during such taxable year with respect to such bonds.

(b)

Effect of election

If the election provided in subsection (a) is in effect with respect to any credits for any taxable year—

(1)

the regulated investment company—

(A)

shall not be allowed such credits,

(B)

shall include in gross income (as interest) for such taxable year the amount which would have been so included with respect to such credits had the application of this section not been elected,

(C)

shall include in earnings and profits the amount so included in gross income, and

(D)

shall be treated as making one or more distributions of money with respect to its stock equal to the amount of such credits on the date or dates (on or after the applicable date for any such credit) during such taxable year (or following the close of the taxable year pursuant to section 855) selected by the company, and

(2)

each shareholder of such investment company shall—

(A)

be treated as receiving such shareholder’s proportionate share of any distribution of money which is treated as made by such investment company under paragraph (1)(D), and

(B)

be allowed credits against the tax imposed by this chapter equal to the amount of such distribution, subject to the provisions of this title applicable to the credit involved.

(c)

Statements 2

 See 2010 Amendment note below.

to shareholders

(d)

Manner of making election

(e)

Definitions and special rules

(1)

Definitions

For purposes of this subsection—

(A)

Tax credit bond

The term “tax credit bond” means—

(i)

a qualified tax credit bond (as defined in section 54A(d)),¹

(ii)

a build America bond (as defined in section 54AA(d)) ¹ other than a qualified bond described in section 54AA(g),¹ and

(iii)

any bond for which a credit is allowable under subpart H of part IV of subchapter A of this chapter.¹

(B)

Applicable date

The term “applicable date” means—

(i)

in the case of a qualified tax credit bond or a bond described in subparagraph (A)(iii), any credit allowance date (as defined in section 54A(e)(1)),¹ and

(ii)

in the case of a build America bond (as defined in section 54AA(d)),¹ any interest payment date (as defined in section 54AA(e)).¹

(2)

Stripped tax credit bonds

(f)

Regulations, etc.

(Added Pub. L. 111–5, div. B, title I, § 1541(a), Feb. 17, 2009, 123 Stat. 360; amended Pub. L. 111–325, title III, § 301(d), Dec. 22, 2010, 124 Stat. 3544; Pub. L. 113–295, div. A, title II, § 209(h), Dec. 19, 2014, 128 Stat. 4029.)

cite as: 26 USC 853A