Statutes, codes, and regulations
United States Code
Title 12 - BANKS AND BANKINGChapter 52 - EMERGENCY ECONOMIC STABILIZATION
Subchapter III - TAX PROVISIONS
Section 5261 - Gain or loss from sale or exchange of certain preferred stock

12 U.S.C. § 5261

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Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 5261 - Gain or loss from sale or exchange of certain preferred stock
(a) In general

For purposes of title 26, gain or loss from the sale or exchange of any applicable preferred stock by any applicable financial institution shall be treated as ordinary income or loss.

(b) Applicable preferred stock

For purposes of this section, the term "applicable preferred stock" means any stock-

(1) which is preferred stock in-
(A) the Federal National Mortgage Association, established pursuant to the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1716 et seq.), or
(B) the Federal Home Loan Mortgage Corporation, established pursuant to the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1451 et seq.), and
(2) which-
(A) was held by the applicable financial institution on September 6, 2008, or
(B) was sold or exchanged by the applicable financial institution on or after January 1, 2008, and before September 7, 2008.
(c) Applicable financial institution

For purposes of this section:

(1) In general

Except as provided in paragraph (2), the term "applicable financial institution" means-

(A) a financial institution referred to in section 582(c)(2) of title 26, or
(B) a depository institution holding company (as defined in section 1813(w)(1) of this title).
(2) Special rules for certain sales

In the case of-

(A) a sale or exchange described in subsection (b)(2)(B), an entity shall be treated as an applicable financial institution only if it was an entity described in subparagraph (A) or (B) of paragraph (1) at the time of the sale or exchange, and
(B) a sale or exchange after September 6, 2008, of preferred stock described in subsection (b)(2)(A), an entity shall be treated as an applicable financial institution only if it was an entity described in subparagraph (A) or (B) of paragraph (1) at all times during the period beginning on September 6, 2008, and ending on the date of the sale or exchange of the preferred stock.
(d) Special rule for certain property not held on September 6, 2008

The Secretary of the Treasury or the Secretary's delegate may extend the application of this section to all or a portion of the gain or loss from a sale or exchange in any case where-

(1) an applicable financial institution sells or exchanges applicable preferred stock after September 6, 2008, which the applicable financial institution did not hold on such date, but the basis of which in the hands of the applicable financial institution at the time of the sale or exchange is the same as the basis in the hands of the person which held such stock on such date, or
(2) the applicable financial institution is a partner in a partnership which-
(A) held such stock on September 6, 2008, and later sold or exchanged such stock, or
(B) sold or exchanged such stock during the period described in subsection (b)(2)(B).
(e) Regulatory authority

The Secretary of the Treasury or the Secretary's delegate may prescribe such guidance, rules, or regulations as are necessary to carry out the purposes of this section.

(f) Effective date

This section shall apply to sales or exchanges occurring after December 31, 2007, in taxable years ending after such date.

12 U.S.C. § 5261

Pub. L. 110-343, div. A, title III, §301, Oct. 3, 2008, 122 Stat. 3802.

EDITORIAL NOTES

REFERENCES IN TEXTThe Federal National Mortgage Association Charter Act, referred to in subsec. (b)(1)(A), is title III of act June 27, 1934, ch. 847, 48 Stat. 1252, which is classified generally to subchapter III (§1716 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1716 of this title and Tables.The Federal Home Loan Mortgage Corporation Act, referred to in subsec. (b)(1)(B), is title III of Pub. L. 91-351, July 24, 1970, 84 Stat. 451, which is classified generally to chapter 11A (§1451 et seq.) of this title. For complete classification of this Act to the Code, see Short Title and Statement of Purpose note set out under section 1451 of this title and Tables.

Corporation
The term "Corporation" means the Federal Deposit Insurance Corporation.
Secretary
The term "Secretary" means the Secretary of the Treasury.
financial institution
The term "financial institution" means any institution, including, but not limited to, any bank, savings association, credit union, security broker or dealer, or insurance company, established and regulated under the laws of the United States or any State, territory, or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, Commonwealth of Northern Mariana Islands, Guam, American Samoa, or the United States Virgin Islands, and having significant operations in the United States, but excluding any central bank of, or institution owned by, a foreign government.
person
The term "person" means an individual, partnership, company, corporation, association (incorporated or unincorporated), trust, estate, cooperative organization, or other entity.