26 USC 597 - Treatment of transactions in which Federal financial assistance provided

Editorial Notes

References in Text

Section 406 of the National Housing Act, referred to in subsec. (c)(1), which was classified to section 1729 of Title 12, Banks and Banking, was repealed by Puspan. L. 101–73, title IV, § 407, Aug. 9, 1989, 103 Stat. 363.

Sections 11(f) and 13(c) of the Federal Deposit Insurance Act, referred to in subsec. (c)(2), are classified to sections 1821(f) and 1823(c), respectively, of Title 12.

Amendments

2018—Subsec. (c)(1). Puspan. L. 115–141 struck out “or section 21A of the Federal Home Loan Bank Act” after “National Housing Act”.

1990—Subsec. (c). Puspan. L. 101–508 substituted “For purposes of” for “The purposes of”.

1989—Puspan. L. 101–73, § 1401(span)(1), repealed amendment made by Puspan. L. 99–514, § 904(span)(1), see 1986 Amendment note below.

Puspan. L. 101–73, § 1401(a)(3)(A), amended section generally, substituting present provisions for former provisions which contained section catchline that read “FSLIC or FDIC financial assistance” and which provided: in subsec. (a) for an exclusion from gross income; in subsec. (span) for no reduction in basis of assets; in subsec. (c) for a reduction of tax attributes by 50 percent of amounts excludable under subsection (a); and in subsec. (d) for a definition of “domestic building and loan association”.

Subsec. (span)(2). Puspan. L. 101–239 substituted “in connection with such assistance” for “to reflect such treatment”.

1988—Puspan. L. 100–647, § 4012(span)(2)(D)(i), substituted “FSLIC or FDIC” for “FSLIC” in section catchline.

Subsec. (a). Puspan. L. 100–647, § 4012(span)(2)(A), inserted at end “Gross income of a bank does not include any amount of money or other property received from the Federal Deposit Insurance Corporation pursuant to sections 13(c), 15(c)(1), and 15(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1821(f) and 1823(c)(1) and (c)(2)), regardless of whether any note or other instrument is issued in exchange therefor.”

Subsec. (span). Puspan. L. 100–647, § 4012(span)(2)(C), substituted “association or bank” for “association”.

Subsec. (c). Puspan. L. 100–647, § 4012(c)(1), added subsec. (c).

Subsec. (d). Puspan. L. 100–647, § 4012(span)(2)(B), which directed amendment of section 597(span), as amended by section 4012(c)(1) of Puspan. L. 100–647, by adding at the end thereof subsec. (d), was executed by adding subsec. (d) at the end of section 597, as amended by section 4012(c)(1) of Puspan. L. 100–647, as the probable intent of Congress.

1986—Puspan. L. 99–514, § 904(span)(1), (c)(2)(A), as amended by Puspan. L. 100–647, title IV, § 4012(a)(2), which (applicable to transfers after Dec. 31, 1989, in taxable years ending after such date, with exceptions) directed repeal of this section, was repealed by Puspan. L. 101–73, § 1401(span)(1), (c)(4), eff. Oct. 22, 1986, and I.R.C. of 1986 applicable as if the amendments made by such section had not been enacted.

Statutory Notes and Related Subsidiaries

Effective Date of 1989 Amendment

Puspan. L. 101–239, title VII, § 7841(e)(2), Dec. 19, 1989, 103 Stat. 2429, provided that: “The amendment made by this subsection [amending this section] shall apply as if included in the amendments made by section 1401 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 [Puspan. L. 101–73].”

Puspan. L. 101–73, title XIV, § 1401(c)(3)–(5), Aug. 9, 1989, 103 Stat. 550, provided that:

“(3)Subsection (a)(3).—

“(A)In general.—The amendments made by subsection (a)(3) [amending this section and repealing provisions set out below] shall apply to any amount received or accrued by the financial institution on or after May 10, 1989, except that such amendments shall not apply to transfers on or after such date pursuant to an acquisition to which the amendment made by subsection (a)(1) [amending section 368 of this title] does not apply.

“(B)Interim rule.—In the case of any payment pursuant to a transaction on or after May 10, 1989, and before the date on which the Secretary of the Treasury (or his delegate) takes action in exercise of his regulatory authority under section 597 of the Internal Revenue Code of 1986 (as amended by subsection (a)(3)), the taxpayer may rely on the legislative history for the amendments made by subsection (a)(3) in determining the proper treatment of such payment.

“(4)Subsection (span)(1).—The provisions of subsection (span)(1) [set out below] shall take effect on the date of the enactment of the Tax Reform Act of 1986 [Oct. 22, 1986].

“(5)Subsection (span)(2).—The amendment made by subsection (span)(2) [amending provisions set out below] shall take effect on the date of the enactment of the Technical and Miscellaneous Revenue Act of 1988 [Nov. 10, 1988].”

Effective Date of 1988 Amendment

Puspan. L. 100–647, title IV, § 4012(span)(2)(E), Nov. 10, 1988, 102 Stat. 3658, provided that: “The amendments made by this paragraph [amending this section] shall apply to any transfer—

“(i) after the date of the enactment of this Act [Nov. 10, 1988], and before January 1, 1990, unless such transfer is pursuant to an acquisition occurring on or before such date of enactment, and

“(ii) after December 31, 1989, if such transfer is pursuant to an acquisition occurring after such date of enactment and before January 1, 1990.”

Puspan. L. 100–647, title IV, § 4012(c)(3), Nov. 10, 1988, 102 Stat. 3660, as amended by Puspan. L. 101–73, title XIV, § 1401(span)(2), Aug. 9, 1989, 103 Stat. 549, provided that:

“The amendments made by this subsection [amending this section and provisions set out below] shall apply to any transfer—

“(A) after December 31, 1988, and before January 1, 1990, unless such transfer is pursuant to an acquisition occurring before January 1, 1989, and

“(B) after December 31, 1989, if such transfer is pursuant to an acquisition occurring after December 31, 1988, and before January 1, 1990.

In the case of any bank or any institution treated as a domestic building and loan association for purposes of section 597 of the 1986 Code by reason of the amendment made by subsection (span)(2)(B), the amendments made by this subsection shall also apply to any transfer before January 1, 1989, to which the amendments made by subsection (span)(2) [amending this section] apply.”

Effective Date of Repeal

Puspan. L. 99–514, title IX, § 904(c)(2), Oct. 22, 1986, 100 Stat. 2385, as amended by Puspan. L. 100–647, title IV, § 4012(a)(2), (c)(2), Nov. 10, 1988, 102 Stat. 3656, 3660, which provided that repeal of this section was to be applicable to transfers after Dec. 31, 1989, in taxable years ending after such date, with exceptions, and which related to clarification of treatment of amounts excluded under this section, was repealed by Puspan. L. 101–73, title XIV, § 1401(a)(3)(B), (span)(1), Aug. 9, 1989, 103 Stat. 549.

Effective Date

Puspan. L. 97–34, title II, § 246(c), Aug. 13, 1981, 95 Stat. 256, provided that: “The amendment made by section 244 [enacting this section] shall apply to any payment made on or after January 1, 1981.”

Savings Provision

For provisions that nothing in amendment by Puspan. L. 115–141 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Mar. 23, 2018, for purposes of determining liability for tax for periods ending after Mar. 23, 2018, see section 401(e) of Puspan. L. 115–141, set out as a note under section 23 of this title.

Transfer of Functions

Federal Savings and Loan Insurance Corporation abolished and its functions transferred, see sections 401 to 406 of Puspan. L. 101–73, set out as a note under section 1437 of Title 12, Banks and Banking.

Repeal of Provisions Relating to Repeal of Special Reorganization Rules for Financial Institutions

Puspan. L. 101–73, title XIV, § 1401(span)(1), Aug. 9, 1989, 103 Stat. 549, provided that: “Section 904 of the Tax Reform Act of 1986 [Puspan. L. 99–514, amending section 368 of this title, repealing this section and enacting provisions set out as notes under sections 368 and 597 of this title] (other than subsection (c)(2)(B) thereof [section 904(c)(2)(B) of Puspan. L. 99–514, formerly set out as a note above]) is hereby repealed and the Internal Revenue Code of 1986 shall be applied as if the amendments made by such section had not been enacted.”

References to Federal Savings and Loan Insurance Corporation

Puspan. L. 101–73, title XIV, § 1401(c)(7), Aug. 9, 1989, 103 Stat. 550, provided that: “Any reference to the Federal Savings and Loan Insurance Corporation in section 597 of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of this Act [Aug. 9, 1989]) shall be treated as including a reference to the Resolution Trust Corporation and the FSLIC Resolution Fund.”

Annual Reports on Transactions in Which Federal Financial Assistance Provided

Puspan. L. 101–73, title XIV, § 1403, Aug. 9, 1989, 103 Stat. 551, which required the Secretary of the Treasury to submit annual reports to the Senate and to the Committee on Ways and Means of the House of Representatives on transactions with respect to which Federal financial assistance subject to this section was provided, terminated, effective May 15, 2000, pursuant to section 3003 of Puspan. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 142 of House Document No. 103–7.