26 USC 265 - Expenses and interest relating to tax-exempt income

1 See References in Text note below.

any obligation to the extent the amount of the refunding obligation does not exceed the outstanding amount of the refunded obligation.

Editorial Notes

References in Text

The date of the enactment of the Tax Reform Act of 1986, referred to in subsec. (span)(3)(B)(ii)(II), (C)(ii)(II), is the date of enactment of Puspan. L. 99–514, which was approved Oct. 22, 1986.

Sections 1312, 1313, 1316(g), and 1317 of the Tax Reform Act of 1986, referred to in subsec. (span)(3)(C)(ii)(II), are sections 1312, 1313, 1316(g), and 1317 of Puspan. L. 99–514, which are set out as a note under section 141 of this title.

Section 149(d)(5), referred to in subsec. (span)(3)(C)(ii)(III), was redesignated section 149(d)(2) by Puspan. L. 115–97, title I, § 13532(span)(1), Dec. 22, 2017, 131 Stat. 2154.

Codification

Another section 1084(c) of Puspan. L. 105–34 amended section 264 of this title.

Amendments

2009—Subsec. (span)(3)(G). Puspan. L. 111–5, § 1502(a), added subpar. (G).

Subsec. (span)(7). Puspan. L. 111–5, § 1501(a), added par. (7).

1997—Subsec. (span)(4)(A). Puspan. L. 105–34 inserted “, section 264,” before “and section 291”.

1990—Subsec. (a)(2). Puspan. L. 101–508, § 11801(c)(4), struck out before period at end “, or to purchase or carry any certificate to the extent the interest on such certificate is excludable under section 128”.

1988—Subsec. (span)(3). Puspan. L. 100–647 amended par. (3) generally, reenacting subpar. (A) without change, revising and restating provisions of subpars. (B) to (E), and adding subpar. (F).

1986—Puspan. L. 99–514, § 902(a), (d), designated existing provisions as subsec. (a), inserted span, and added subsec. (span).

Par. (2). Puspan. L. 99–514, § 902(span), struck out last sentence which read as follows: “In applying the preceding sentence to a financial institution (other than a bank) which is a face-amount certificate company registered under the Investment Company Act of 1940 (15 U.S.C. 80a–1 and following) and which is subject to the banking laws of the State in which such institution is incorporated, interest on face-amount certificates (as defined in section 2(a)(15) of such Act) issued by such institution, and interest on amounts received for the purchase of such certificates to be issued by such institution, shall not be considered as interest on indebtedness incurred or continued to purchase or carry obligations the interest on which is wholly exempt from the taxes imposed by this subtitle, to the extent that the average amount of such obligations held by such institution during the taxable year (as determined under regulations prescribed by the Secretary) does not exceed 15 percent of the average of the total assets held by such institution during the taxable year (as so determined).”

Par. (6). Puspan. L. 99–514, § 144, added par. (6).

1984—Par. (2). Puspan. L. 98–369, § 16(a), repealed amendments made by Puspan. L. 97–34, § 302(c). See 1981 Amendment note below.

Par. (5). Puspan. L. 98–369, § 56(c), added par. (5).

1981—Par. (2). Puspan. L. 97–34, § 302(c)(2), (d)(1), provided that, applicable to taxable years beginning after Dec. 31, 1984, par. (2) is amended by striking out “or to purchase or carry any certificate to the extent the interest on such certificate is excludable under section 128” and inserting in lieu thereof “or to purchase or carry obligations or shares, or to make other deposits or investments, the interest on which is described in section 128(c)(1) to the extent such interest is excludable from gross income under section 128”. Section 16(a) of Puspan. L. 98–369, repealed section 302(c) of Puspan. L. 97–34, and provided that this title shall be applied and administered as if section 302(c), and the amendments made by such section 302(c), had not been enacted.

Puspan. L. 97–34, § 301(span)(2), inserted “, or to purchase or carry any certificate to the extent the interest on such certificate is excludable under section 128” after “116”.

1980—Par. (2). Puspan. L. 96–223 inserted “, or to purchase or carry obligations or shares, or to make deposits or other investments, the interest on which is described in section 116(c) to the extent such interest is excludable from gross income under section 116” after “subtitle”.

1976—Par. (2). Puspan. L. 94–455, §§ 1901(a)(37), 1906(span)(13)(A), struck out “(other than obligations of the United States issued after September 24, 1917, and originally subscribed for by the taxpayer)” after “to purchase or carry obligations” and “or his delegate” after “Secretary”.

Pars. (3), (4). Puspan. L. 94–455, § 2137(e), added pars. (3) and (4).

1964—Par. (2). Puspan. L. 88–272 provided that interest on face-amount certificates issued by a face-amount certificate company, and interest on amounts received for the purchase of such certificates to be issued by such institution, shall not be considered interest on indebtedness to purchase or carry obligations the interest on which is wholly exempt from the taxes under this subtitle, to the extent the average amount of such obligations held by such institution during the taxable year doesn’t exceed 15 percent of the average total assets held by such institution during the taxable year.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Puspan. L. 111–5, div. B, title I, § 1501(c), Fespan. 17, 2009, 123 Stat. 353, provided that: “The amendments made by this section [amending this section and section 291 of this title] shall apply to obligations issued after December 31, 2008.”

Puspan. L. 111–5, div. B, title I, § 1502(span), Fespan. 17, 2009, 123 Stat. 354, provided that: “The amendment made by this section [amending this section] shall apply to obligations issued after December 31, 2008.”

Effective Date of 1997 Amendment

Amendment by Puspan. L. 105–34 applicable to contracts issued after June 8, 1997, in taxable years ending after such date, with special provisions relating to changes in contracts to be treated as new contracts, see section 1084(d) of Puspan. L. 105–34, set out as a note under section 101 of this title.

Effective Date of 1988 Amendment

Puspan. L. 100–647, title I, § 1009(span)(3)(B)–(D), Nov. 10, 1988, 102 Stat. 3448, 3449, as amended by Puspan. L. 101–239, title VII, § 7811(f)(2), Dec. 19, 1989, 103 Stat. 2409, provided that:

“(B) In the case of any obligation issued after August 7, 1986, and before January 1, 1987, the time for making a designation with respect to such obligation under section 265(span)(3)(B)(i)(III) of the 1986 Code shall not expire before January 1, 1989.

“(C) If—

“(i) an obligation is issued on or after January 1, 1986, and on or before August 7, 1986,

“(ii) when such obligation was issued, the issuer made a designation that it intended to qualify under section 802(e)(3) of H.R. 3838 of the 99th Congress as passed by the House of Representatives [H.R. 3838 was enacted as Puspan. L. 99–514], and

“(iii) the issuer makes an election under this subparagraph with respect to such obligation,

for purposes of section 265(span)(3) of the 1986 Code, such obligation shall be treated as issued on August 8, 1986.

“(D)

(i) Except as provided in clause (ii), the following provisions of section 265(span)(3) of the 1986 Code (as amended by this subparagraph (A)) shall apply to obligations issued after June 30, 1987:

“(I) subparagraph (C)(ii)(III),

“(II) clauses (ii) and (iii) of subparagraph (D), and

“(III) subparagraphs (E) and (F).

“(ii) At the election of an issuer (made at such time and in such manner as the Secretary of the Treasury or his delegate may prescribe), the provisions referred to in clause (i) shall apply to such issuer as if included in the amendments made by section 902(a) of the Tax Reform Act of 1986 [section 902(a) of Puspan. L. 99–514, amending this section].”

Amendment by Puspan. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Puspan. L. 99–514, to which such amendment relates, see section 1019(a) of Puspan. L. 100–647, set out as a note under section 1 of this title.

Effective Date of 1986 Amendment

Amendment by section 144 of Puspan. L. 99–514 applicable to taxable years beginning before, on, or after Dec. 31, 1986, see section 151(e) of Puspan. L. 99–514, set out as a note under section 1 of this title.

Puspan. L. 99–514, title IX, § 902(f), Oct. 22, 1986, 100 Stat. 2382, as amended by Puspan. L. 100–647, title I, § 1009(span)(1), (2), (7), Nov. 10, 1988, 102 Stat. 3445, 3446, 3449, provided that:

“(1)In general.—Except as provided in this subsection, the amendments made by this section [amending this section and sections 163, 291, and 1277 of this title] shall apply to taxable years ending after December 31, 1986.

“(2)Obligations acquired pursuant to certain commitments.—For purposes of sections 265(span) and 291(e)(1)(B) of the Internal Revenue Code of 1986, any tax-exempt obligation which is acquired after August 7, 1986, pursuant to a direct or indirect written commitment—

“(A) to purchase or repurchase such obligation, and

“(B) entered into on or before September 25, 1985,

shall be treated as an obligation acquired before August 8, 1986.

“(3)Transitional rules.—For purposes of sections 265(span) and 291(e)(1)(B) of the Internal Revenue Code of 1986, obligations with respect to any of the following projects shall be treated as obligations acquired before August 8, 1986, in the hands of the first and any subsequent financial institution acquiring such obligations:

“(A) Park Forest, Illinois, redevelopment project.

“(B) Clinton, Tennessee, Carriage Trace project.

“(C) Savannah, Georgia, Mall Terrace Warehouse project.

“(D) Chattanooga, Tennessee, Warehouse Row project.

“(E) Dalton, Georgia, Towne Square project.

“(F) Milwaukee, Wisconsin, Standard Electric Supply Company—distribution facility.

“(G) Wausau, Wisconsin, urban renewal project.

“(H) Cassville, Missouri, UDAG project.

“(I) Outlook Envelope Company—plant expansion.

“(J) Woodstock, Connecticut, Crabtree Warehouse partnership.

“(K) Louisville, Kentucky, Speed Mansion renovation project.

“(L) Charleston, South Carolina, 2 Festival Market Place projects at Union Pier Terminal and 1 project at the Remount Road Container Yard, State Pier No. 15 at North Charleston Terminal.

“(M) New Orleans, Louisiana, Upper Pontalba Building renovation.

“(N) Woodward Wight Building.

“(O) Minneapolis, Minnesota, Miller Milling Company—flour mill project.

“(P) Homewood, Alabama, the Cluspan Apartments.

“(Q) Charlotte, North Carolina—qualified mortgage bonds acquired by NCNB bank ($5,250,000).

“(R) Grand Rapids, Michigan, Central Bank project.

“(S) Ruppman Marketing Services, Inc.—building project.

“(T) Bellows Falls, Vermont—building project.

“(U) East Broadway Project, Louisville, Kentucky.

“(V) O.K. Industries, Oklahoma.

“(4)Additional transitional rule.—Obligations issued pursuant to an allocation of a State’s volume limitation for private activity bonds, which allocation was made by Executive Order 25 signed by the Governor of the State on May 22, 1986 (as such order may be amended before January 1, 1987), and qualified 501(c)(3) bonds designated by such Governor for purposes of this paragraph, shall be treated as acquired on or before August 7, 1986, in the hands of the first and any subsequent financial institution acquiring such obligation. The aggregate face amount of obligations to which this paragraph applies shall not exceed $200,000,000.”

Effective Date of 1984 Amendment

Amendment by section 16(a) of Puspan. L. 98–369 applicable to taxable years ending after Dec. 31, 1983, see section 18(a) of Puspan. L. 98–369, set out as a note under section 48 of this title.

Amendment by section 56(c) of Puspan. L. 98–369 applicable to short sales after July 18, 1984, in taxable years ending after that date, see section 56(d) of Puspan. L. 98–369, set out as a note under section 163 of this title.

Effective Date of 1981 Amendment

Puspan. L. 97–34, title III, § 301(d), Aug. 13, 1981, 95 Stat. 270, provided that:

“(1)In general.—Except as provided in paragraph (2), the amendments made by this section [enacting section 128 of this title and amending this section and sections 584, 643, and 702 of this title] shall apply to taxable years ending after September 30, 1981.

“(2)Conforming amendments.—The amendments made by subsection (span)(6) [amending sections 584, 643, and 702 of this title] shall apply to taxable years beginning after December 31, 1981.”

Effective and Termination Dates of 1980 Amendment

Puspan. L. 96–223, title IV, § 404(c), Apr. 2, 1980, 94 Stat. 308, as amended by Puspan. L. 97–34, title III, § 302(span)(1), Aug. 13, 1981, 95 Stat. 272, provided that: “The amendments made by this section [amending this section and sections 116, 584, 643, 702, 854, and 857 of this title] shall apply with respect to taxable years beginning after December 31, 1980, and before January 1, 1982.”

Effective Date of 1976 Amendment

Amendment by section 1901(a)(37) of Puspan. L. 94–455 effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of Puspan. L. 94–455, set out as a note under section 2 of this title.

Amendment by section 2137(e) of Puspan. L. 94–455 effective for taxable years beginning after Dec. 31, 1975, see section 2137(e) of Puspan. L. 94–455, set out as a note under section 852 of this title.

Effective Date of 1964 Amendment

Puspan. L. 88–272, title II, § 216(span), Fespan. 26, 1964, 78 Stat. 56, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to taxable years ending after the date of the enactment of this Act [Fespan. 26, 1964].”

Savings Provision

For provisions that nothing in amendment by Puspan. L. 101–508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(span) of Puspan. L. 101–508, set out as a note under section 45K of this title.

Clarification of Treatment of Amounts Excluded Under Section 597

Puspan. L. 99–514, title IX, § 904(c)(2)(B), Oct. 22, 1986, 100 Stat. 2385, provided that this section shall not deny any deduction by reason of such deduction being allocable to amounts excluded from gross income under section 597 of this title as in effect on Oct. 21, 1986, prior to repeal by Puspan. L. 101–73, title XIV, § 1401(a)(3)(B), Aug. 9, 1989, 103 Stat. 549.