The law applicable for the first taxable year beginning after December 31, 1963, for purposes of this paragraph means part II (section 541 and following), subchapter G, chapter 1 of the Code as applicable to such year but does not include amendments to other parts of the Code first applicable with respect to such year. For an example of a corporation described in subparagraph (1) of this paragraph see paragraph (f)(1) of § 1.333-5 .
For purposes of (b) of this subdivision, the transferee will be treated as having assumed qualified indebtedness if such transferee acquires real estate of which the taxpayer is the legal or equitable owner immediately before the transfer and which is subject to indebtedness that, with respect to the taxpayer, is qualified indebtedness immediately before the transfer, provided the taxpayer shows to the satisfaction of the Commissioner that under all the facts and circumstances it no longer bears the burden of discharging such indebtedness.
Outstanding qualified indebtedness after reduction of qualified indebtedness which ceased to be outstanding by reason of the transfer but before the sec. 545(c)(6) reduction | $300,000 |
Reduced by: | |
The excess of the adjusted basis of depreciable real estate disposed of on July 1, 1964 ($500,000), over the amount of qualified indebtedness assumed by O Corporation ($300,000) | 200,000 |
Qualified indebtedness after reductions from transfer and assumption of indebtedness | 100,000 |
The pro-rata share of the reduction with respect to each debt is computed as follows:
Note held by A: | |
Qualified indebtedness owed by taxpayer on the note held by A before the disposition of depreciable property | $150,000 |
Less the pro-rata share of the total reduction computed under subparagraph (4) of this paragraph allocable to such note $200,000 * ($150,000 ÷ $300,000) | 100,000 |
Qualified indebtedness owed on the note held by A after the transfer | 50,000 |
Note held by B: | |
Qualified indebtedness owed by taxpayer on the note held by B before the transfer of depreciable property | $150,000 |
Less the pro-rata share of the total reduction computed under subparagraph (4) of this paragraph allocable to such note $200,000 * ($150,000 ÷ $300,000) | 100,000 |
Qualified indebtedness owed on the note held by B after the transfer | 50,000 |
Of the $150,000 paid by M Corporation on September 30, 1964, to retire the note held by B only $50,000 qualified as a use of an amount to pay or retire qualified indebtedness and, thus, only $50,000 is allowable as a deduction for purposes of computing undistributed personal holding company income for 1964.
Qualfied | Nonqualified | |
April 1 payment: | ||
$40,000 * $25,000 (qualified) ÷ $200,000 (total indebtedness) | $5,000 | |
$40,000 * $175,000 (nonqualified) ÷ $200,000 (total indebtedness) | $35,000 | |
July 1 payment: | ||
$40,000 * $20,000 (qualified) ÷ $160,000 (total indebtedness) | 5,000 | |
$40,000 * $140,000 (nonqualified) ÷ $160,000 (total indebtedness) | 35,000 | |
Total | 10,000 | 70,000 |
Thus, a total of $10,000 of the two payments would be considered used to pay or retire qualified indebtedness. The results in examples 1 and 2 would be the same if O Corporation purchased the real estate subject to the indebtedness (not assuming the indebtedness) on the note held by N Corporation, provided M Corporation does not bear the burden of discharging such indebtedness after July 1, 1964.
Example.
Amount paid in 1966 to retire qualified indebtedness | $300,000 | ||
Less the sum of: | |||
(a) Depreciation deductions allowed for 1964 through 1966 (3 * $50,000) | $150,000 | ||
Reduction of deductions in preceding taxable years (1964) | 25,000 | $125,000 | |
(b) Deduction allowed under section 545(b)(5) (relating to long-term capital gains) for 1964 through 1966 | 100,000 | ||
Reduction of deductions in preceding taxable years (1964) | 25,000 | 75,000 | 200,000 |
Deduction after reduction | 100,000 | ||
(iv) If, in the year 1966, Q Corporation's depreciation deduction had been limited for purposes of computing undistributed personal holding company income to $25,000 by reason of section 545(b)(8), then Q Corporation's deduction for payment of qualified indebtedness would be $125,000, computed as follows: | |||
Amounts paid in 1966 to retire qualified indebtedness | $300,000 | ||
Less the sum of: | |||
(a) Depreciation deductions allowed for 1964 through 1966 | $125,000 | ||
Reduction of deductions in preceding taxable year (1964) | 25,000 | ||
$100,000 | |||
(b) Deduction allowed under section 545(b)(5) (relating to long-term capital gains) for 1964 through 1966 | 100,000 | ||
Reduction of deductions in preceding taxable years (1964) | 25,000 | 75,000 | 175,000 |
Deduction after reduction | 125,000 |
26 C.F.R. §1.545-3