26 U.S.C. § 103
Except as provided in subsection (b), gross income does not include interest on any State or local bond.
Subsection (a) shall not apply to-
Any private activity bond which is not a qualified bond (within the meaning of section 141).
Any arbitrage bond (within the meaning of section 148).
Any bond unless such bond meets the applicable requirements of section 149.
For purposes of this section and part IV-
The term "State or local bond" means an obligation of a State or political subdivision thereof.
The term "State" includes the District of Columbia and any possession of the United States.
26 U.S.C. § 103
EDITORIAL NOTES
AMENDMENTS1988-Subsec. (b)(6)(N). Pub. L. 100-647, §1013(c)(12)(A), amended subpar. (N), as in effect on the day before the date of the enactment of Pub. L. 99-514 [Oct. 22, 1986], by redesignating cls. (ii) and (iii) as (iii) and (iv), respectively, and by striking out cl. (i) and inserting in lieu thereof the following new cls.:"(i) IN GENERAL.-Except as provided in clause (ii), this paragraph shall not apply to any obligation issued after December 31, 1986."(ii) CERTAIN REFUNDINGS.-This paragraph shall apply to any obligation (or series of obligations) issued to refund an obligation issued on or before December 31, 1986, if-"(I) the average maturity date of the issue of which the refunding obligation is a part is not later than the average maturity date of the obligations to be refunded by such issue,"(II) the amount of the refunding obligation does not exceed the outstanding amount of the refunded obligation, and"(III) the proceeds of the refunding obligation are used to redeem the refunded obligation not later than 90 days after the date of the issuance of the refunding obligation. For purposes of subclause (I), average maturity shall be determined in accordance with subsection (b)(14)(B)(i)."Subsec. (c)(7). Pub. L. 100-647, §1013(a)(34)(A), amended par. (7), as in effect on the day before the date of the enactment of Pub. L. 99-514 [Oct. 22, 1986], by substituting "necessary" for "necessary". 1986-Pub. L. 99-514, §1301(a), in amending section generally, substituted "Interest on State and local bonds" for "Interest on certain governmental obligations" in section catchline. Subsec. (a). Pub. L. 99-514, §1301(a), substituted "Exclusion" for "General rule" in heading and amended text generally. Prior to amendment, text read as follows: "Gross income does not include interest on- "(1) the obligations of a State, a Territory, or a possession of the United States, or any political subdivision of any of the foregoing, or of the District of Columbia; and"(2) qualified scholarship funding bonds."Subsec. (b). Pub. L. 99-514, §1301(a), in amending section generally, substituted provision relating to exceptions for provision relating to industrial development bonds.Subsec. (b)(11). Pub. L. 99-272 struck out par. (11) relating to pollution control facilities acquired by regional pollution control authorities. Subsec. (b)(13), (14)(A). Pub. L. 99-514, §1871(b), substituted "and (6)" for "(6), and (7)".Subsec. (b)(16)(A). Pub. L. 99-514, §1870, substituted "clause (ii)" for "clause (i)". Subsec. (b)(17)(A). Pub. L. 99-514, §1871(b), substituted "and (6)" for "(6), and (7)".Subsec. (c). Pub. L. 99-514, §1301(a), in amending section generally, substituted provision relating to definitions for provision relating to arbitrage.Subsecs. (d) to (g). Pub. L. 99-514, §1301(a), in amending section generally, struck out subsecs. (d) to (g) which related to certain irrigation dams, qualified scholarship funding bonds, certain federally guaranteed obligations, and qualified steam-generating or alcohol-producing facilities, respectively.Subsec. (h). Pub. L. 99-514, §1301(a), in amending section generally, struck out subsec. (h) which provided that obligations must not be guaranteed.Subsec. (h)(2)(A). Pub. L. 99-514, §1899A(2), substituted "guaranteed" for "guaranted". Subsec. (h)(5)(A). Pub. L. 99-514, §1865(a), struck out "the United States," after "program of".Subsecs. (i) to (k). Pub. L. 99-514, §1301(a), in amending section generally, struck out subsecs. (i) to (k) which related to obligations of certain volunteer fire departments, provided that obligations must be in registered form to be tax-exempt, and required public approval for industrial development bonds, respectively.Subsec. (l). Pub. L. 99-514, §1301(a), in amending section generally, struck out subsec. (l) which related to information reporting requirements for certain bonds.Subsec. (l)(2)(F). Pub. L. 99-514, §1864(d), added subpar. (F) which read: "if such obligation is a private activity bond (as defined in subsection (n)(7)), such information as the Secretary may require for purposes of determining whether the requirements of subsection (n) are met with respect to such obligation."Subsec. (m). Pub. L. 99-514, §1301(a), in amending section generally, struck out subsec. (m) which related to obligations exempt other than under this title.Subsec. (m)(1). Pub. L. 99-514, §1871(a)(1), substituted "(j), (k), (l), (n), and (o)" for "(k), (l), and (n)".Subsec. (m)(3)(B). Pub. L. 99-514, §1899A(3), substituted "608(a)(6)(A)" for "608(6)(A)". Subsec. (n). Pub. L. 99-514, §1301(a), in amending section generally, struck out subsec. (n) which related to limitation on aggregate amount of private activity bonds issued during any calendar year. Subsec. (n)(6)(A), (B)(i). Pub. L. 99-514, §1864(b), substituted "governmental units or other authorities" for "governmental units". Subsec. (n)(7)(C)(i). Pub. L. 99-514, §1864(c), substituted "all of the property to be financed by the obligation" for "the property described in such paragraph".Subsec. (n)(10)(B). Pub. L. 99-514, §1864(e), substituted "identify project" for "specify project" in heading and "identify (with reasonable specificity) the project" for "specify the project" in text of subpar. (B)(i).Subsec. (n)(10)(D). Pub. L. 99-514, §1864(e)(2), substituted "any identification or specification" for "any specification".Subsec. (n)(13). Pub. L. 99-514, §1864(a)(1), added par. (13).Subsec. (o). Pub. L. 99-514, §1301(a), in amending section generally, struck out subsec. (o) relating to consumer loan bonds.Pub. L. 99-514, §1869(a), (b)(1), substituted "Private loan bonds" for "Consumer loan bonds" in subsection and par. (2) headings, "private loan bond" for "consumer loan bond" in text of pars. (1), (2)(A) and (B), and "subsection (c)(6)(H)(i)" for "subsection (c)(6)(G)(i)" in par. (2)(C)(ii).Pub. L. 99-514, §1869(b)(2), redesignated subsec. (o), relating to cross references, as (p).Subsec. (p). Pub. L. 99-514, §1301(a), in amending section generally, struck out subsec. (p) which related to cross references.Pub. L. 99-514, §1869(b)(2), redesignated former subsec. (o), relating to cross references, as (p).Subsec. (p)(4). Pub. L. 99-514, §1899A(4), substituted "October 27, 1949 (48 U.S.C. 1403)" for "October 27, 1919 (48 U.S.C. 1403)".1984-Subsec. (b)(4). Pub. L. 98-369, §628(e), inserted "For purposes of subparagraph (A), any property shall not be treated as failing to be residential rental property merely because part of the building in which such property is located is used for purposes other than residential rental purposes."Subsec. (b)(6)(F)(iv). Pub. L. 98-369, §474(r)(4), substituted "section 30(b)(2)(A)" for "section 44F(b)(2)(A)".Subsec. (b)(6)(N). Pub. L. 98-369, §630, designated existing provisions as cl. (i) and added cls. (ii) and (iii).Subsec. (b)(6)(P). Pub. L. 98-369, §628(c), added subpar. (P).Subsec. (b)(7). Pub. L. 98-369, §628(g), repealed par. (7) which related to advance refunding of qualified public facilities.Subsec. (b)(13). Pub. L. 98-369, §628(d), inserted "For purposes of this paragraph- (A) a partnership and each of its partners (and their spouses and minor children) shall be treated as related persons, and (B) an S corporation and each of its shareholders (and their spouses and minor children) shall be treated as related persons."Subsec. (b)(15). Pub. L. 98-369, §623, added par. (15).Subsec. (b)(16) to (18). Pub. L. 98-369, §627, added pars. (16) to (18).Subsec. (c). Pub. L. 98-369, §624(b)(2), struck out "bonds" after "Arbitrage" in heading.Subsec. (c)(1). Pub. L. 98-369, §624(b)(3), inserted "to arbitrage bonds" in heading.Subsec. (c)(6), (7). Pub. L. 98-369, §624(a), added par. (6) and redesignated former par. (6) as (7).Subsec. (h). Pub. L. 98-369, §622, amended subsec. (h) generally, in par. (1) substituting provisions that obligations are not included in the section if they are federally guaranteed for provisions which excluded obligations guaranteed, in whole or part, by the U.S. under a program to conserve energy, or under other Federal or State programs, in par. (2) substituting provisions defining "federally guaranteed" for provisions setting forth obligations to which this subsection applies, and adding pars. (3) to (5).Subsec. (m)(1). Pub. L. 98-369, §628(a)(1), inserted "In the case of an obligation issued after December 31, 1983, such obligation shall not be treated as described in this paragraph unless the appropriate requirements of subsections (b), (c), (h), (k), (l), and (n) of this section and section 103A are met with respect to such obligation. For purposes of applying such requirements, a possession of the United States shall be treated as a State; except that clause (ii) of subsection (n)(4)(A) shall not apply."Subsec. (m)(2)(B). Pub. L. 98-369, §628(a)(2), substituted "is exempt from tax under this title without regard to any provision of law which is not contained in this title and which is not contained in a revenue Act" for "is exempt from taxation under any provision of this title".Subsec. (m)(3). Pub. L. 98-369, §628(a)(3), added par. (3).Subsec. (n). Pub. L. 98-369, §621, added subsec. (n). Former subsec. (n), relating to cross references, redesignated (o).Subsec. (o). Pub. L. 98-369, §626(a), added subsec. (o) relating to consumer loan bonds.Pub. L. 98-369, §621, redesignated subsec. (n), relating to cross references, as (o).1983-Subsec. (m). Pub. L. 97-424, §547(a), added subsec. (m). Former subsec. (m) redesignated (n). Pub. L. 97-473 amended subsec. (m) generally, adding pars. (1) and (2), redesignating former pars. (1) to (3) as (3) to (5), respectively, and striking out par. (24) which had provided reference regarding exempt-interest dividends to section 852(b)(5)(B.) See section 722(b) of Pub. L. 98-369, set out as a note below.Subsec. (n). Pub. L. 97-424, §547(a), redesignated former subsec. (m), relating to cross references, as (n).1982-Subsec. (b)(2). Pub. L. 97-248, §215(b)(2), substituted "For purposes of this section" for "For purposes of this subsection".Subsec. (b)(4). Pub. L. 97-248, §§217(a)(1), (b), 221(a), (c)(1), 310(c)(1), in subpar. (A) substituted "if at all times during the qualified project period" for "if each obligation issued pursuant to the issue is in registered form and if" after "residential rental property", and struck out "(within the meaning of section 167(k)(3)(B))" after "low or moderate income", added subpar. (J), struck out provision that for purposes of subpar. (A), "targeted area project" meant a project located in a qualified census tract (within the meaning of section 103A(k)(2)) or an area of chronic economic distress (within the meaning of section 103A(k)(3)) and, in last sentence, substituted "electric energy or gas from" for "electric energy from".Subsec. (b)(6)(C). Pub. L. 97-248, §217(a)(3), substituted "paragraph (13)" for "paragraph (7)".Subsec. (b)(6)(F)(iv). Pub. L. 97-248, §214(d), added cl. (iv).Subsec. (b)(6)(K) to (O). Pub. L. 97-248, §214(a)-(c), (e), added subpars. (K) to (O).Subsec. (b)(9)(A). Pub. L. 97-248, §217(c), inserted "ferry," after "rail car" in provisions preceding cl. (i), and in cl. (ii), inserted "(or, in the case of a ferry, mass transportation services)" after "mass commuting services".Subsec. (b)(10). Pub. L. 97-248, §217(a)(2), added par. (10). Former par. (10) redesignated (13).Subsec. (b)(11). Pub. L. 97-248, §217(d), added par. (11). Subsec. (b)(12). Pub. L. 97-248, §221(b), added par. (12). [Provisions of par. (12)(A) were formerly contained, as undesignated provisions, in par. (4).]Subsec. (b)(13). Pub. L. 97-248, §217(a)(2), redesignated former par. (10) as (13). Subsec. (b)(14). Pub. L. 97-248, §219(a), added par. (14).Subsec. (h). Pub. L. 97-248, §310(c)(2), substituted "must not be guaranteed or subsidized" for "must be in registered form and not guaranteed or subsidized" in heading, and in par. (1) struck out subpar. (A) reading "such obligation is not issued in registered form", and redesignated subpars. (B) and (C) as (A) and (B), respectively. Subsec. (j). Pub. L. 97-248, §310(b)(1), added subsec. (j). Former subsec. (j), relating to cross references, redesignated (m). Subsec. (k). Pub. L. 97-248, §215(a), added subsec. (k).Subsec. (l). Pub. L. 97-248, §215(b)(1), added subsec. (l).Subsec. (m). Pub. L. 97-248, §§215(a), (b)(1), 310(b)(1), redesignated former subsec. (j), relating to cross references, as (m).1981-Subsec. (b)(4)(I). Pub. L. 97-34, §811(a), added subpar. (I).Subsec. (b)(9), (10). Pub. L. 97-34, §811(b), added par. (9) and redesignated former par. (9) as (10).Subsecs. (i), (j). Pub. L. 97-34, §812(a), added subsec. (i) and redesignated former subsec. (i) as (j). 1980-Subsec. (b)(4). Pub. L. 96-499, §1103(b), inserted before last sentence provisions defining "targeted area project" for purposes of subpar. (A).Subsec. (b)(4)(A). Pub. L. 96-499, §1103(a), substituted provisions relating to low or moderate income residential rental property for provisions relating to residential real property for family units.Subsec. (b)(4)(H). Pub. L. 96-223, §242(a)(1), added subpar. (H).Subsec. (b)(6)(J). Pub. L. 96-499, §1103(c), added subpar. (J).Subsec. (b)(8), (9). Pub. L. 96-223, §242(a)(2), added par. (8) and redesignated former par. (8) as (9).Subsec. (c)(5). Pub. L. 96-222, §107(a)(3)(C), amended the directory language of Pub. L. 96-500, §703(q)(1). See 1978 Amendment note below for subsec. (c)(5). Subsec. (g). Pub. L. 96-223, §241(a), added subsec. (g). Former subsec. (g) redesignated (i).Subsec. (h). Pub. L. 96-223, §244(a), added subsec. (h).Subsec. (i). Pub. L. 96-223, §§241(a), 244(a), redesignated former subsec. (g) as (i). 1978-Subsec. (b)(1). Pub. L. 95-600, §703(j)(1)(A), substituted "subsection (a)(1) or (2)" for "subsection (a)(1)" in heading.Subsec. (b)(4). Pub. L. 95-600, §§332(a), 333(a), in subpar. (G)(i) inserted reference to electric utility, industrial, agricultural, or commercial users and added subpar. (G)(ii) and provision following subpar. (G)(ii) relating to the local furnishing of electric energy.Subsec. (b)(6)(D). Pub. L. 95-600, §331(a), substituted in heading and cl. (i) "$10,000,000" for "$5,000,000". Subsec. (b)(6)(I). Pub. L. 95-600, §331(b), added subpar. (I).Subsec. (b)(7), (8). Pub. L. 95-600, §334(a), (b), added par. (7), redesignated former par. (7) as (8) and, as so redesignated, substituted "(6), and (7)" for "and (6)".Subsec. (c)(1). Pub. L. 95-600, §703(j)(1)(B), substituted in heading and text "(a)(1) or (2)" for "(a)(1) or (4)".Subsec. (c)(2)(A). Pub. L. 95-600, §703(j)(1)(C), substituted "subsection (a)(1) or (2)" for "subsection (a)(1) or (2) or (4)".Subsec. (c)(5). Pub. L. 95-600, §703(j)(1)(D), (q)(1), as amended by Pub. L. 96-222, §107(a)(3)(C), substituted "section 438 of the Higher Education Act of 1965" for "section 2 of the Emergency Insured Student Loan Act of 1969" and "paragraph (2)(A)" for "subsection (d)(2)(A)".Subsec. (d). Pub. L. 95-600, §703(j)(1)(E), substituted "subsection (b)(4)(G)" for "subsection (c)(4)(G)".Subsec. (e). Pub. L. 95-339 redesignated second subsec. (e), relating to cross references, as (g).Subsec. (f). Pub. L. 95-339 added subsec. (f).Subsec. (g). Pub. L. 95-339 redesignated second subsec. (e), relating to cross references, as (g).1976-Subsec. (a). Pub. L. 94-455, §§1901(a)(17)(A), 2105(a), added par. (2) relating to qualified scholarship funding bonds. Former pars. (2) and (3), relating to obligations of the United States and to the obligations of corporations organized under an Act of Congress, were struck out.Subsec. (b). Pub. L. 94-455, §1901(a)(17)(B), (C), redesignated subsec. (c) as (b) and in par. (1) of subsec. (b) as so redesignated substituted "subsection (a)(1) or (2)" for "subsection (a)(1)". Former subsec. (b), which created an exception to the rule that gross income did not include interest on obligations of the United States, by providing that the exception did not apply to obligations of the United States (with specified exceptions) unless under the authorizing Acts such interest is wholly exempt from the taxes imposed by this subtitle, was struck out.Subsec. (c). Pub. L. 94-455, §§1901(a)(17)(B), (D), (b)(8)(B), 1906(b)(13)(A), 2105(c), redesignated subsec. (d) as (c) and, in subsec. (c) as so redesignated, substituted "(a)(1) or (4)" for "(a)(1)" in par. (1) and "(a)(1) or (2) or (4)" for "(a)(1)" in par. (2)(A), substituted "educational organization described in section 170(b)(1)(A)(ii)" for "educational institution (within the meaning of section 151(e)(4))" in par. (3)(A), added par. (5), redesignated former par. (5) as (6), and in par. (6) as so redesignated substituted "Secretary" for "Secretary or his delegate". Former subsec. (c) redesignated (b).Subsec. (d). Pub. L. 94-455, §1901(a)(17)(B), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).Subsec. (e). Pub. L. 94-455, §§1901(a)(17)(B), (E), 2105(b), 2137(d), added subsec. (e) relating to qualified scholarship funding bonds, redesignated former subsec. (f) relating to cross references as a second subsec. (e), reduced the number of cross references in subsec. (e) as so redesignated from twenty-three (which made reference to various obligations of the United States and of corporations organized under Acts of Congress) to three, relating, respectively, to Puerto Rican bonds, Virgin Islands insular and municipal bonds, and certain obligations issued under title I of the Housing Act of 1949, and inserted a fourth cross reference, designated as par. (24) relating to the treatment of exempt-interest dividends. Former subsec. (e) redesignated (d). Subsec. (f). Pub. L. 94-455, §1901(a)(17)(B), redesignated subsec. (f), relating to cross references, as (e). 1975-Subsecs. (e), (f). Pub. L. 94-182 and Pub. L. 94-164 made identical amendments, adding subsec. (e) and redesignating former subsec. (e) as (f).1971-Subsec. (c)(4)(E). Pub. L. 92-178, §315(a)(1), substituted "energy or gas," for "energy, gas, or water or".Subsec. (c)(4)(F). Pub. L. 92-178, §315(a)(2), substituted ", or" for a period. Subsec. (c)(4)(G). Pub. L. 92-178, §315(a)(3), added subpar. (G). Subsec. (c)(6)(F)(iii). Pub. L. 92-178, §315(b), substituted "$1,000,000" for "$250,000". 1969-Subsecs. (d), (e). Pub. L. 91-172 added subsec. (d) and redesignated former subsec. (d) as (e). 1968-Subsec. (c). Pub. L. 90-364 added subsec. (c). Former subsec. (c) redesignated (d).Subsec. (c)(6)(D) to (H). Pub. L. 90-634 added subpars. (D) to (H). Subsec. (d). Pub. L. 90-364 redesignated former subsec. (c) as (d).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100-647, title I, §1013(a)(34)(B), Nov. 10, 1988, 102 Stat. 3544, provided that: "Subparagraph (A) [amending this section] shall apply to obligations sold after May 2, 1978, and to which Treasury regulation section 1.103-13 (1979) was provided to apply."
EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 1301(a) of Pub. L. 99-514 applicable to bonds issued after Aug. 15, 1986, except as otherwise provided, see sections 1311 to 1318 of Pub. L. 99-514, set out as an Effective Date; Transitional Rules note under section 141 of this title.Amendment by sections 1864(b)-(e), 1865(a), 1869(a), (b), 1870, and 1871(b) of Pub. L. 99-514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99-514, set out as a note under section 48 of this title.Pub. L. 99-514, title XVIII, §1864(a)(2), Oct. 22, 1986, 100 Stat. 2885, provided that:"(A) Except as provided in subparagraph (B), the amendment made by paragraph (1) [amending this section] shall apply to obligations issued after the date of the enactment of this Act [Oct. 22, 1986] in taxable years ending after such date. "(B) At the election of the issuer (made at such time and in such manner as the Secretary of the Treasury or his delegate shall prescribe), the amendment made by paragraph (1) shall apply to any obligation issued on or before the date of the enactment of this Act."Pub. L. 99-514, title XVIII, §1871(a)(2), Oct. 22, 1986, 100 Stat. 2891, provided that: "The amendment made by paragraph (1) [amending this section] shall apply to obligations issued after March 28, 1985, in taxable years ending after such date."
EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 474(r)(4) of Pub. L. 98-369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Pub. L. 98-369, set out as a note under section 21 of this title.Pub. L. 98-369, div. A, title VI, §624(c), July 18, 1984, 98 Stat. 924, as amended by Pub. L. 99-514, title XVIII, §1867(a), Oct. 22, 1986, 100 Stat. 2888, provided that: "(1) IN GENERAL.-Except as otherwise provided in this subsection, the amendments made by this section [amending this section and section 103A of this title] shall apply with respect to bonds issued after December 31, 1984."(2) EXCEPTION.-The amendments made by this section shall not apply to obligations issued for the Essex County New Jersey Resource Recovery Project authorized by the Port Authority of New York and New Jersey on November 10, 1983, as part of an agreement approved by Essex County, New Jersey, on July 7, 1981, and approved by the State of New Jersey on December 31, 1981. The aggregate face amount of bonds to which this paragraph applies shall not exceed $350,000,000."Pub. L. 98-369, div. A, title VI, §626(b), July 18, 1984, 98 Stat. 927, as amended by Pub. L. 99-514, §2, title XIII, §1317(22), title XVIII, §1869(c)(5), Oct. 22, 1986, 100 Stat. 2095, 2698, 2890; Pub. L. 100-647, title I, §1013(g)(24), Nov. 10, 1988, 102 Stat. 3554, provided that:"(1) IN GENERAL.-Except as otherwise provided in this subsection the amendment made by subsection (a) [amending this section] shall apply to obligations issued after the date of enactment of this Act [July 18, 1984]."(2) EXCEPTIONS FOR CERTAIN STUDENT LOAN PROGRAMS.-"(A) IN GENERAL.-The amendments made by this section [amending this section] shall not apply to obligations issued by a program described in the following table to the extent the aggregate face amount of such obligations does not exceed the amount of allowable obligations specified in the following table with respect to such program:
| Program | Amount of Allowable Obligations |
| Colorado Student Obligation Bond Authority | $60 million |
| Connecticut Higher Education Supplementary Loan Authority | $15.5 million |
| District of Columbia | $50 million |
| Illinois Higher Education Authority | $70 million |
| State of Iowa | $16 million |
| Louisiana Public Facilities Authority | $75 million |
| Maine Health and Higher Education Facilities Authority | $5 million |
| Maryland Higher Education Supplemental Loan Program | $24 million |
| Massachusetts College Student Loan Authority | $90 million |
| Minnesota Higher Education Coordinating Board | $60 million |
| New Hampshire Higher Education and Health Facilities Authority | $39 million |
| New York Dormitory Authority | $120 million |
| Pennsylvania Higher Education Assistance Agency | $300 million |
| Georgia Private Colleges and University Authority | $31 million |
| Wisconsin State Building Commission | $60 million |
| South Dakota Health and Educational Facilities Authority | $6 million |
EFFECTIVE DATE OF 1983 AMENDMENT For effective date of amendment by Pub. L. 97-473, see section 204(2) of Pub. L. 97-473, set out as an Effective Date note under section 7871 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97-248, title II, §214(f), Sept. 3, 1982, 96 Stat. 468, provided that:"(1) COMPOSITE ISSUES; SMALL ISSUE EXEMPTION.-The amendments made by subsections (a) and (b) [amending this section] shall apply to obligations issued after the date of the enactment of this Act [Sept. 3, 1982]."(2) TERMINATION.-The amendment made by subsection (c) [amending this section] shall take effect on the date of the enactment of this Act [Sept. 3, 1982]."(3) RESEARCH EXPENDITURES.-The amendment made by subsection (d) [amending this section] shall apply with respect to expenditures made after the date of the enactment of this Act [Sept. 3, 1982]."(4) CERTAIN FACILITIES.-The amendment made by subsection (e) [amending this section] shall apply to obligations issued after December 31, 1982."Pub. L. 97-248, title II, §215(c), Sept. 3, 1982, 96 Stat. 470, provided that: "(1) PUBLIC APPROVAL.-The amendment made by subsection (a) [amending this section] shall apply to obligations issued after December 31, 1982, other than obligations issued solely to refund any obligation which- "(A) was issued before July 1, 1982, and"(B) has a maturity which does not exceed 3 years."(2) INFORMATION REPORTING.-The amendments made by subsection (b) [amending this section] shall apply to obligations issued after December 31, 1982 (including any obligation issued to refund an obligation issued before such date)." Pub. L. 97-248, title II, §217(e), Sept. 3, 1982, 96 Stat. 474, as amended by Pub. L. 98-369, div. A, title VII, §712(h), July 18, 1984, 98 Stat. 947; Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that: "The amendments made by this section [amending this section] shall apply to obligations issued after the date of the enactment of this Act [Sept. 3, 1982]. For purposes of applying section 168(f)(8)(D)(v) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], the amendments made by subsection (c) [amending this section] shall apply to agreements entered into after the date of the enactment of this Act."Pub. L. 97-248, title II, §219(b), Sept. 3, 1982, 96 Stat. 475, provided that: "The amendment made by subsection (a) [amending this section] shall apply to obligations issued after December 31, 1982."Pub. L. 97-248, title II, §221(d), Sept. 3, 1982, 96 Stat. 478, provided that: "(1) IN GENERAL.-Except as provided in paragraph (2), the amendments made by this section [amending this section and section 1104 of Pub. L. 96-499, formerly set out as a note under section 103A of this title] shall apply to obligations issued after the date of the enactment of this Act [Sept. 3, 1982]."(2) EXCEPTION.-The amendments made by this section shall not apply with respect to any obligation to which the amendments made by section 1103 of the Mortgage Subsidy Bond Tax Act of 1980 [section 1103 of Pub. L. 96-499, amending this section] do not apply by reason of section 1104 of such Act [section 1104 of Pub. L. 96-499, formerly set out as a note under section 103A of this title]."Pub. L. 97-248, title III, §310(d), Sept. 3, 1982, 96 Stat. 599, as amended by Pub. L. 97-448, title III, §306(b)(2), 96 Stat. 2405; Pub. L. 98-216, §6(b), Feb. 14, 1984, 98 Stat. 8; Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that:"(1) IN GENERAL.-Except as otherwise provided in this subsection, the amendments made by this section [enacting section 4701 of this title and section 757c-5 of former Title 31, Money and Finance, and amending this section and sections 103A, 163, 165, 312, and 1232 of this title] shall apply to obligations issued after December 31, 1982."(2) [Repealed. Pub. L. 98-216, §6(b), Feb. 14, 1984, 98 Stat. 8.] "(3) EXCEPTION FOR CERTAIN WARRANTS, ETC.-The amendments made by subsection (b) [enacting section 4701 of this title and amending this section and sections 163, 165, 312, and 1232 of this title] shall not apply to any obligations issued after December 31, 1982, on the exercise of a warrant or the conversion of a convertible obligation if such warrant or obligation was offered or sold outside the United States without registration under the Securities Act of 1933 [15 U.S.C. 77a et seq.] and was issued before August 10, 1982. A rule similar to the rule of the preceding sentence shall also apply in the case of any regulations issued under section 163(f)(2)(C) [now 163(f)(2)(B)] of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as added by this section) except that the date on which such regulations take effect shall be substituted for 'August 10, 1982'."(4) [Repealed. Pub. L. 98-216, §6(b), Feb. 14, 1984, 98 Stat. 8.]"
EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97-34, title VIII, §811(c), Aug. 13, 1981, 95 Stat. 350, provided that: "The amendments made by this section [amending this section] shall apply to obligations issued after the date of the enactment of this Act [Aug. 13, 1981]."Pub. L. 97-34, title VIII, §812(b)(1), Aug. 13, 1981, 95 Stat. 350, provided that: "The amendment made by subsection (a) [amending this section] shall apply to obligations issued after December 31, 1980."
EFFECTIVE DATE OF 1980 AMENDMENT For effective date of amendment by Pub. L. 96-499, see section 1104 of Pub. L. 96-499, set out as an Effective Date note under section 103A of this title.Pub. L. 96-223, title II, §241(d), Apr. 2, 1980, 94 Stat. 283, provided that: "The amendments made by subsection (a) [amending this section] and the provisions of subsections (b) and (c) [set out as notes under this section] shall apply with respect to obligations issued after October 18, 1979."Pub. L. 96-223, title II, §242(c), Apr. 2, 1980, 94 Stat. 285, provided that: "The amendments made by subsection (a) [amending this section] and the provisions of subsection (b) [set out as a note under this section] shall apply with respect to obligations issued after October 18, 1979."Pub. L. 96-223, title II, §244(b), Apr. 2, 1980, 94 Stat. 286, provided that: "The amendments made by subsection (a) [amending this section] shall apply to obligations issued on or after October 18, 1979."
EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95-339, title II, §201(c), Aug. 8, 1978, 92 Stat. 467, provided that: "The amendments made by subsection (a) [amending this section] shall apply to taxable years ending after the date of the enactment of this Act [Aug. 8, 1978]."Pub. L. 95-600, title III, §331(c), Nov. 6, 1978, 92 Stat. 2840, provided that:"(1) The amendments made by subsection (a) [amending this section] shall apply to-"(A) obligations issued after December 31, 1978, in taxable years ending after such date, and"(B) capital expenditures made after December 31, 1978, with respect to obligations issued before January 1, 1979."(2) The amendment made by subsection (b) [amending this section] shall apply to-"(A) obligations issued after September 30, 1979, in taxable years ending after such date, and"(B) capital expenditures made after September 30, 1979, with respect to obligations issued after such date."Pub. L. 95-600, title III, §332(b), Nov. 6, 1978, 92 Stat. 2840, provided that: "The amendment made by subsection (a) [amending this section] shall apply to taxable years ending after April 30, 1968, but only with respect to obligations issued after such date."Pub. L. 95-600, title III, §333(b), Nov. 6, 1978, 92 Stat. 2840, provided that: "The amendment made by subsection (a) [amending this section] shall apply to obligations issued after the date of the enactment of this Act [Nov. 6, 1978] in taxable years ending after such date."Pub. L. 95-600, title III, §334(c), Nov. 6, 1978, 92 Stat. 2841, provided that: "The amendments made by this section [amending this section] shall apply to obligations issued after the date of the enactment of this Act [Nov. 6, 1978]."Pub. L. 95-600, title VII, §703(q)(2), Nov. 6, 1978, 92 Stat. 2944, provided that: "The amendments made by paragraph (1) [amending this section] shall apply with respect to payments made by the Commissioner of Education after December 31, 1976."Amendment by section 703(j)(1) of Pub. L. 95-600 effective on Oct. 4, 1976, see section 703(r) of Pub. L. 95-600, set out as a note under section 46 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT Amendment by section 1901(a)(17), (b)(8)(B) of Pub. L. 94-455 applicable with respect to taxable years ending after Oct. 4, 1976, see section 1901(d) of Pub. L. 94-455, set out as a note under section 2 of this title.Amendment by section 1906(b)(13)(A) of Pub. L. 94-455 effective Feb. 1, 1977, see section 1906(d)(1) of Pub. L. 94-455, set out as a note under section 6013 of this title.Pub. L. 94-455, title XXI, §2105(d), Oct. 4, 1976, 90 Stat. 1902, provided that: "The amendments made by this section [amending this section] apply to obligations issued on or after the date of the enactment of this Act [Oct. 4, 1976]." Amendment by section 2137(d) of Pub. L. 94-455 applicable to taxable years beginning after Dec. 31, 1975, see section 2137(e) of Pub. L. 94-455, set out as a note under section 852 of this title.
EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 94-182, title III, §301(b), Dec. 31, 1975, 89 Stat. 1056, provided that: "The amendment made by subsection (a) [amending this section] shall apply to obligations issued after the date of the enactment of this Act [Dec. 31, 1975]."Pub. L. 94-164, §7(b), Dec. 23, 1975, 89 Stat. 976, provided that: "The amendments made by this section [amending this section] shall apply to obligations issued after the date of enactment of this Act [Dec. 23, 1975]."
EFFECTIVE DATE OF 1971 AMENDMENT Pub. L. 92-178, title III, §315(c), Dec. 10, 1971, 85 Stat. 529, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to obligations issued after January 1, 1969. The amendment made by subsection (b) [amending this section] shall apply with respect to expenditures incurred after the date of the enactment of this Act [Dec. 10, 1971]."
EFFECTIVE DATE OF 1969 AMENDMENT Pub. L. 91-172, title VI, §601(b), Dec. 30, 1969, 83 Stat. 657, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to obligations issued after October 9, 1969."
EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90-634, title IV, §401(b), Oct. 24, 1968, 82 Stat. 1351, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to obligations issued after the date of the enactment of this Act [Oct. 24, 1968]."Pub. L. 90-364, title I, §107(b)(1), June 28, 1968, 82 Stat. 268, provided that: "Except as provided by paragraph (2) [set out as a note below], the amendment made by subsection (a) [amending this section] shall apply to taxable years ending after April 30, 1968, but only with respect to obligations issued after such date."
TRANSFER OF FUNCTIONSFunctions of Commissioner of Education transferred to Secretary of Education by section 3441(a)(1) of Title 20, Education.
COORDINATION OF CERTAIN AMENDMENTS MADE BY PUB. L. 97-424 AND PUB. L. 97-473Pub. L. 98-369, div. A, title VII, §722(b), July 18, 1984, 98 Stat. 973, provided that: "For purposes of applying the amendments made by section 547 of the Highway Revenue Act of 1982 [Pub. L. 97-424, amending this section] and the amendment made by section 202(b)(2) of Public Law 97-473 [amending this section], Public Law 97-473 shall be deemed to have been enacted immediately before the Highway Revenue Act of 1982."
VALIDATION OF SINKING FUND REGULATIONS Pub. L. 100-647, title I, §1013(a)(35), Nov. 10, 1988, 102 Stat. 3544, provided that:"(A) Treasury Regulation section 1.103-13(g) (1979) is hereby enacted into positive law. "(B)(i) Except as provided in clause (ii), subparagraph (A) shall apply to obligations sold after May 2, 1978, and to which such regulation was provided to apply."(ii) Treasury Regulation section 1.103-13(g) (1979) as enacted into positive law by subparagraph (A) shall cease to apply to the extent hereafter modified by the Secretary of the Treasury or his delegate by regulations."
BONDS ISSUED TO REFUND SUBSECTION (O)(3) OBLIGATIONSPub. L. 100-647, title I, §1013(c)(15), Nov. 10, 1988, 102 Stat. 3548, provided that: "A bond issued to refund an obligation described in section 103(o)(3) of the Internal Revenue Code of 1954 (as in effect on the day before the date of the enactment of the Tax Reform Act of 1986 [Oct. 22, 1986]) shall not be treated as described in section 144(b) of the 1986 Code unless it is described in section 144(b)(1)(A) of the 1986 Code."
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101-1147 and 1171-1177] or title XVIII [§§1800-1899A] of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514, as amended, set out as a note under section 401 of this title.
TREATMENT OF CERTAIN GUARANTEES BY FARMERS HOME ADMINISTRATIONPub. L. 99-514, title XVIII, §1865(b), Oct. 22, 1986, 100 Stat. 2886, provided that: "An obligation shall not be treated as federally guaranteed for purposes of section 103(h) of the Internal Revenue Code of 1954 [now 1986] by reason of a guarantee by the Farmers Home Administration if-"(1) such guarantee is pursuant to a commitment made by the Farmers Home Administration before July 1, 1984, and"(2) such obligation is issued to finance a convention center project in Carbondale, Illinois."
TREATMENT OF CERTAIN OBLIGATIONS USED TO FINANCE SOLID WASTE DISPOSAL FACILITYPub. L. 99-514, title XVIII, §1865(c), Oct. 22, 1986, 100 Stat. 2886, provided that: "(1) IN GENERAL.-Any obligation which is part of an issue a substantial portion of the proceeds of which is to be used to finance a solid waste disposal facility described in paragraph (2) shall not, for purposes of section 103(h) of the Internal Revenue Code of 1954 [now 1986], be treated as an obligation which is federally guaranteed by reason of the sale of fuel, steam, electricity, or other forms of usable energy to the Federal Government or any agency or instrumentality thereof."(2) SOLID WASTE DISPOSAL FACILITY.-A solid waste disposal facility is described in this paragraph if such facility is described in section 103(b)(4)(E) of such Code and-"(A) if-"(i) a public State authority created pursuant to State legislation which took effect on July 1, 1980, took formal action before October 19, 1983, to commit development funds for such facility,"(ii) such authority issues obligations for such facility before January 1, 1988, and"(iii) expenditures have been made for the development of such facility before October 19, 1983,"(B) if-"(i) such facility is operated by the South Eastern Public Service Authority of Virginia, and"(ii) on December 20, 1984, the Internal Revenue Service issued a ruling concluding that a portion of the obligations with respect to such facility would not be treated as federally guaranteed under section 103(h) of such Code by reason of the transitional rule contained in section 631(c)(3)(A)(i) of the Tax Reform Act of 1984 [section 631(c)(3)(A)(i) of Pub. L. 98-369, set out as a note above],"(C) if- "(i) a political subdivision of a State took formal action on April 1, 1980, to commit development funds for such facility,"(ii) such facility has a contract to sell steam to a naval base, "(iii) such political subdivision issues obligations for such facility before January 1, 1988, and"(iv) expenditures have been made for the development of such facility before October 19, 1983, or "(D) if-"(i) such facility is a thermal transfer facility,"(ii) is to be built and operated by the Elk Regional Resource Authority, and"(iii) is to be on land leased from the United States Air Force at Arnold Engineering Development Center near Tullahoma, Tennessee."(3) LIMITATIONS.-"(A) In the case of a solid waste disposal facility described in paragraph (2)(A), the aggregate face amount of obligations to which paragraph (1) applies shall not exceed $65,000,000."(B) In the case of a solid waste disposal facility described in paragraph (2)(B), the aggregate face amount of obligations to which paragraph (1) applies shall not exceed $20,000,000. Such amount shall be in addition to the amount permitted under the Internal Revenue Service ruling referred to in paragraph (2)(B)(ii)."(C) In the case of a solid waste disposal facility described in paragraph (2)(C), the aggregate face amount of obligations to which paragraph (1) applies shall not exceed $75,000,000."(D) In the case of a solid waste disposal facility described in paragraph (2)(D), the aggregate face amount of obligations to which paragraph (1) applies shall not exceed $25,000,000."
TRANSITIONAL RULE FOR LIMIT ON SMALL ISSUE EXCEPTIONPub. L. 99-514, title XVIII, §1866, Oct. 22, 1986, 100 Stat. 2887, as amended by Pub. L. 100-647, title I, §1018(m)(1)-(4), Nov. 10, 1988, 102 Stat. 3584, provided that: "The amendment made by section 623 of the Tax Reform Act of 1984 [section 623 of Pub. L. 98-369, amending this section] shall not apply to any obligation (or series of obligations) issued to refund another tax-exempt IDB to which the amendment made by such section 623 did not apply if-"(1) the average maturity of the issue of which the refunding obligation is a part does not exceed the average maturity of the obligations to be refunded by such issue,"(2) the amount of the refunding obligation does not exceed the amount of the refunded obligation, and"(3) the proceeds of the refunding obligation are used to redeem the refunded obligation not later than 90 days after the date of the issuance of the refunding obligation.For purposes of the preceding sentence, the term 'tax-exempt IDB' means any industrial development bond (as defined in section 103(b) of the Internal Revenue Code of 1954 [now 1986]) the interest on which is exempt from tax under section 103(a) of such Code. For purposes of paragraph (1), average maturity shall be determined in accordance with subsection (b)(14)(B)(i) of such Code."[Pub. L. 100-647, title I, §1018(m)(5), Nov. 10, 1988, 102 Stat. 3584, provided that: "A refunding obligation issued before July 1, 1987, shall be treated as meeting the requirement of paragraph (1) of section 1866 of the Reform Act [Pub. L. 99-514, set out above] if such obligation met the requirement of such paragraph as enacted by the Reform Act [Pub. L. 99-514]."]
EXCEPTION FROM 1984 AMENDMENT FOR DOWNTOWN MUSKOGEE REVITALIZATION PROJECTPub. L. 99-514, title XVIII, §1867(b), Oct. 22, 1986, 100 Stat. 2888, provided that: "The amendment made by section 624 of the Tax Reform Act of 1984 [amending sections 103 and 103A of this title and enacting provisions set out as a note under this section] shall not apply to obligations issued with respect to the Downtown Muskogee Revitalization Project for which a UDAG grant was preliminarily approved on May 5, 1981, if-"(1) such obligation is issued before January 1, 1986, or"(2) such obligation is issued after such date to provide additional financing for such project except that the aggregate amount of obligations to which this subsection applies shall not exceed $10,000,000."
TRANSITIONAL RULESPub. L. 99-514, title XVIII, §1869(c)(1)-(4), Oct. 22, 1986, 100 Stat. 2889, as amended by Pub. L. 100-647, title I, §1018(n), Nov. 10, 1988, 102 Stat. 3584, provided that:"(1) TREATMENT OF CERTAIN OBLIGATIONS ISSUED BY THE CITY OF BALTIMORE.-Obligations issued by the city of Baltimore, Maryland, after June 30, 1985, shall not be treated as private loan bonds for purposes of section 103(o) of the Internal Revenue Code of 1954 [now 1986] (or as private activity bonds for purposes of section 103 and part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by title XIII of this Act [sections 1301 to 1318 of Pub. L. 99-514]) by reason of the use of a portion of the proceeds of such obligations to finance or refinance temporary advances made by the city of Baltimore in connection with loans to persons who are not exempt persons (within the meaning of section 103(b)(3) of such Code) if-"(A) such obligations are not industrial development bonds (within the meaning of section 103(b)(2) of the Internal Revenue Code of 1954 [now 1986]),"(B) the portion of the proceeds of such obligations so used is attributable to debt approved by voter referendum on or before November 2, 1982,"(C) the loans to such nonexempt persons were approved by the Board of Estimates of the city of Baltimore on or before October 19, 1983, and"(D) the aggregate amount of such temporary advances financed or refinanced by such obligations does not exceed $27,000,000."(2) WHITE PINE POWER PROJECT.-The amendment made by section 626(a) of the Tax Reform Act of 1984 [section 626(a) of Pub. L. 98-369, amending this section] shall not apply to any obligation issued during 1984 to provide financing for the White Pine Power Project in Nevada."(3) TAX INCREMENT BONDS.-The amendment made by section 626(a) of the Tax Reform Act of 1984 shall not apply to any tax increment financing obligation issued before August 16, 1986, if- "(A) substantially all of the proceeds of the issue are to be used to finance-"(i) sewer, street, lighting, or other governmental improvements to real property,"(ii) the acquisition of any interest in real property (by a governmental unit having the power to exercise eminent domain), the preparation of such property for new use, or the transfer of such interest to a private developer, or"(iii) payments of reasonable relocation costs of prior users of such real property, "(B) all of the activities described in subparagraph (A) are pursuant to a redevelopment plan adopted by the issuing authority before the issuance of such issue,"(C) repayment of such issue is secured exclusively by pledges of that portion of any increase in real property tax revenues (or their equivalent) attributable to the redevelopment resulting from the issue (or similar issues), and"(D) none of the property described in subparagraph (A) is subject to a real property or other tax based on a rate or valuation method which differs from the rate and valuation method applicable to any other similar property located within the jurisdiction of the issuing authority."(4) EASTERN MAINE ELECTRIC COOPERATIVE.-The amendment made by section 626(a) of the Tax Reform Act of 1984 shall not apply to obligations issued by Massachusetts Municipal Wholesale Electric Company Project No. 6 if-"(A) such obligation is issued before January 1, 1986,"(B) such obligation is issued after such date to refund a prior obligation for such project, except that the aggregate amount of obligations to which this subparagraph applies shall not exceed $100,000,000, or"(C) such obligation is issued after such date to provide additional financing for such project except that the aggregate amount of obligations to which this subparagraph applies shall not exceed $45,000,000.Subparagraph (B) shall not apply to any obligation issued for the advance refunding of any obligation."
TREATMENT OF OBLIGATIONS TO FINANCE ST. JOHNS RIVER POWER PARKPub. L. 99-514, title XVIII, §1869(c)(6), Oct. 22, 1986, 100 Stat. 2890, provided that:"(A) IN GENERAL.-The amendment made by section 626(a) of the Tax Reform Act of 1984 [section 626(a) of Pub. L. 98-369, amending this section] shall not apply to any obligation issued to finance the project described in subparagraph (B) if-"(i) such obligation is issued before September 27, 1985,"(ii) such obligation is issued after such date to refund a prior tax exemption obligation for such project, the amount of such obligation does not exceed the outstanding amount of the refunded obligation, and such prior tax exempt obligation is retired not later than the date 30 days after the issuance of the refunding obligation, or"(iii) such obligation is issued after such date to provide additional financing for such project except that the aggregate amount of obligations to which this clause applies shall not exceed $150,000,000.Clause (ii) shall not apply to any obligation issued for the advance refunding of any obligation."(B) DESCRIPTION OF PROJECT.-The project described in this subparagraph in the St. Johns River Power Park system in Florida which was authorized by legislation enacted by the Florida Legislature in February of 1982."
CERTAIN PUBLIC UTILITIES TREATED AS EXEMPTED PERSONS UNDER SECTION 103(B); SPECIAL RULES FOR CERTAIN RAILROADS Pub. L. 98-369, div. A, title VI, §629, July 18, 1984, 98 Stat. 932, as amended by Pub. L. 99-514, §2, title XIII, §1316(g)(8)(B), Oct. 22, 1986, 100 Stat. 2095, 2670, provided that:"(a) CERTAIN PUBLIC UTILITIES.-For purposes of applying section 103(b)(3) of the Internal Revenue Code [of 1986] with respect to-"(1) any obligations issued after the date of enactment of this Act [July 18, 1984], and"(2) any obligations issued after December 31, 1969, which were treated as obligations described in section 103(a) of such Code on the day on which such obligations were issued,the term 'exempt person' shall include a regulated public utility having any customer service area within a State served by a public power authority which was required as a condition of a Federal Power Commission license specified by an Act of Congress enacted prior to the enactment of section 107 of the Revenue and Expenditure Control Act of 1968 (Public Law 90-364) [June 28, 1968] to contract to sell power to one such utility and which is authorized by State law to sell power to other such utilities, but only with respect to the purchase by any such utility and resale to its customers of any output of any electrical generation facility or any portion thereof or any use of any electrical transmission facility or any portion thereof financed by such power authority and owned by it or by such State, and provided that by agreement between such power authority and any such utility there shall be no markup in the resale price charged by such utility of that component of the resale price which represents the price paid by such utility for such output or use. The preceding sentence shall be applied by inserting 'and a rural electric cooperative utility' after 'regulated public utility' but only if not more than 1 percent of the load of the public power authority is sold to such rural electric cooperative utility."(b) CERTAIN RAILROADS.-Section 103(b)(1) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] shall not apply to any obligation which is described in section 103(b)(6)(A) of such Code if-"(1) substantially all of the proceeds of such obligation are used to acquire railroad track and right-of-way from a railroad involved in a title 11 or similar proceeding (within the meaning of section 368(a)(3)(A) of such Code), and"(2) the Federal Railroad Administration provides joint financing for such acquisitions."(c) SPECIAL RULES FOR SUBSECTION (a).-"(1) OBLIGATIONS SUBJECT TO CAP.-Any obligation described in subsection (a) shall be treated as a private activity bond for purposes of section 103(n) of the Internal Revenue Code of 1986."(2) LIMITATION ON AMOUNT OF OBLIGATIONS TO WHICH SUBSECTION (a)(1) APPLIES-The aggregate amount of obligations to which subsection (a)(1) applies shall not exceed $911,000,000."(3) LIMITATION ON PURPOSES.-Subsection (a)(1) shall only apply to obligations issued as part of an issue substantially all the proceeds of which are used to provide 1 or more of the following:"(A) Cable facilities."(B) Small hydroelectric facilities. "(C) The acquisition of an interest in an electrical generating facility."(D) Improvements to existing generating facilities."(E) Transmission lines."(F) Electric generating facilities."
TREATMENT OF CERTAIN RESIDENTIAL REAL PROPERTY AS RESIDENTIAL RENTAL PROPERTYTreatment of Pub. L. 98-369, §631(d)(3), residential real property as residential rental property, see section 1809(a)(4)(C) of Pub. L. 99-514, set out as a note under section 168 of this title.
PUBLIC APPROVAL REQUIREMENT IN THE CASE OF PUBLIC AIRPORTPub. L. 98-369, div. A, title VI, §628(f), July 18, 1984, 98 Stat. 932, as amended by Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that: "If-"(1) the proceeds of any issue are to be used to finance a facility or facilities located on a public airport, and"(2) the governmental unit issuing such obligations is the owner or operator of such airport,such governmental unit shall be deemed to be the only governmental unit having jurisdiction over such airport for purposes of subsection (k) of section 103 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (relating to public approval for industrial development bonds)."
SMALL ISSUE LIMIT IN CASE OF CERTAIN URBAN DEVELOPMENT ACTION GRANTSPub. L. 98-369, div. A, title VI, §628(h), July 18, 1984, 98 Stat. 932, as amended by Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that: "In the case of any obligation issued on December 11, 1981, section 103(b)(6)(I) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] shall be applied by substituting '$15,000,000' for '$10,000,000' if-"(1) such obligation is part of an issue,"(2) substantially all of the proceeds of such issue are used to provide facilities with respect to which an urban development action grant under section 119 of the Housing and Community Development Act of 1974 [42 U.S.C. 5318] was preliminarily approved by the Secretary of Housing and Urban Development on January 10, 1980, and "(3) the Secretary of Housing and Urban Development determines, at the time such grant is approved, that the amount of such grant will equal or exceed 5 percent of the total capital expenditures incurred with respect to such facilities."
STUDENT LOAN BONDSPub. L. 98-369, div. A, title VI, §625, July 18, 1984, 98 Stat. 924, as amended by Pub. L. 99-514, §2, title XVIII, §1868, Oct. 22, 1986, 100 Stat. 2095, 2888, provided that:"(a) ARBITRAGE REGULATIONS.- "(1) IN GENERAL.-The Secretary shall prescribe regulations which specify the circumstances under which a qualified student loan bond shall be treated as an arbitrage bond for purposes of section 103 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]. Such regulations may provide that-"(A) paragraphs (4) and (5) of section 103(c) of such Code shall not apply, and"(B) rules similar to section 103(c)(6) shall apply,to qualified student loan bonds."(2) DEFINITIONS.-For purposes of this subsection-"(A) QUALIFIED STUDENT LOAN BOND.-The term 'qualified student loan bond' has the meaning given to such term by section 103(o)(3) of the Internal Revenue Code of 1986 (as amended by this Act)."(B) ARBITRAGE BOND.-The term 'arbitrage bond' has the meaning given to such term by section 103(c)(2)."(3) EFFECTIVE DATE.-"(A) IN GENERAL.-Except as otherwise provided in this paragraph, any regulations prescribed by the Secretary under paragraph (1) shall apply to obligations issued after the qualified date."(B) QUALIFIED DATE.-"(i) IN GENERAL.-For purposes of this paragraph, the term 'qualified date' means the earlier of- "(I) the date on which the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.] expires, or "(II) the date, after the date of enactment of this Act [July 18, 1984], on which the Higher Education Act of 1965 is reauthorized."(ii) PUBLICATION OF REGULATIONS.-Notwithstanding clause (i), the qualified date shall not be a date which is prior to the date that is 6 months after the date on which the regulations prescribed under paragraph (1) are published in the Federal Register."(C) REFUNDING OBLIGATIONS.-Regulations prescribed by the Secretary under paragraph (1) shall not apply to any obligation (or series of refunding obligations) issued exclusively to refund any qualified student loan bond which was issued before the qualified date, except that the requirements of subparagraphs (A) and (B) of section 626(b)(4) of this Act [set out in Effective Date of 1984 Amendment note above] must be met with respect to such refunding."(D) FULFILLMENT OF COMMITMENTS.-Regulations prescribed by the Secretary under paragraph (1) shall not apply to any obligations which are needed to fulfill written commitments to acquire or finance student loans which are originated after June 30, 1984, and before the qualified date, but only if-"(i) such commitments are binding on the qualified date, and"(ii) the amount of such commitments is consistent with practices of the issuer which were in effect on March 15, 1984, with respect to establishing secondary markets for student loans."(b) ARBITRAGE LIMITATION ON STUDENT LOAN BONDS WHICH ARE NOT QUALIFIED STUDENT LOAN BONDS.-Under regulations prescribed by the Secretary of the Treasury or his delegate, any student loan bond (other than a qualified student loan bond) issued after December 31, 1985, shall be treated as an obligation not described in subsection (a)(1) or (2) of section 103 of the Internal Revenue Code of 1986 unless the issue of which such obligation is a part meets requirements similar to those of sections 103(c)(6) and 103A(i) of such Code."(c) ISSUANCE OF STUDENT LOAN BONDS WHICH ARE NOT TAX-EXEMPT.-Any issuer who may issue obligations described in section 103(a) of the Internal Revenue Code of 1986 may elect to issue student loan bonds which are not described in such section 103(a) of such Code without prejudice to-"(1) the status of any other obligations issued, or to be issued, by such issuer as obligations described in section 103(a) of such Code, or"(2) the status of the issuer as an organization exempt from taxation under such Code."(d) FEDERAL EXECUTIVE BRANCH JURISDICTION OVER TAX-EXEMPT STATUS.-For purposes of Federal law, any determination by the executive branch of the Federal Government of whether interest on any obligation is exempt from taxation under the Internal Revenue Code of 1986 shall be exclusively within the jurisdiction of the Department of the Treasury."(e) STUDY ON TAX-EXEMPT STUDENT LOAN BONDS.-"(1) IN GENERAL.-The Comptroller General of the United States and the Director of the Congressional Budget Office, shall conduct studies of-"(A) the appropriate role of tax-exempt bonds which are issued in connection with the guaranteed student loan program and the PLUS program established under the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.], and"(B) the appropriate arbitrage rules for such bonds."(2) REPORT.-The Comptroller General of the United States and the Director of the Congressional Budget Office, shall submit to the Committee on Finance and the Committee on Labor and Human Resources [now Committee on Health, Education, Labor, and Pensions] of the Senate and the Committee on Ways and Means and the Committee on Education and Labor [now Committee on Education and the Workforce] of the House of Representatives reports on the studies conducted under paragraph (1) by no later than 9 months after the date of enactment of this Act [July 18, 1984]."
OBLIGATIONS ISSUED TO PROVIDE SOLID WASTE-ENERGY PRODUCING FACILITIESPub. L. 96-223, title II, §241(b), Apr. 2, 1980, 94 Stat. 282, as amended by Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that:"(1) GENERAL RULE.-For purposes of section 103 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], any obligation issued by an authority for 2 or more political subdivisions of a State which is part of an issue substantially all of the proceeds of which are to be used to provide solid waste-energy producing facilities shall be treated as an obligation of a political subdivision of a State which meets the requirements of section 103(b)(4)(E) of such Code (relating to solid waste disposal, etc., facilities). Nothing in the preceding sentence shall be construed to override the limitations of section 103(c) of such Code (relating to arbitrage bonds)."(2) SOLID WASTE-ENERGY PRODUCING FACILITIES.-For purposes of paragraph (1), the term 'solid waste-energy producing facilities' means any solid waste disposal facility and any facility for the production of steam and electrical energy if-"(A) substantially all of the fuel for the facility producing steam and electrical energy is derived from solid waste from such solid waste disposal facility,"(B) both such solid waste disposal facility and the facility producing steam and electrical energy are owned and operated by the authority referred to in paragraph (1), and "(C) all of the electrical energy and steam produced by the facility for producing steam and electricity which is not used by such facility is sold, for purposes other than resale, to an agency or instrumentality of the United States."(3) SOLID WASTE DISPOSAL FACILITY.-For purposes of paragraph (2), the term 'solid waste disposal facility' means any solid waste disposal facility within the meaning of section 103(b)(4)(E) of the Internal Revenue Code of 1986 (determined without regard to section 103(g) of such Code)."(4) OBLIGATIONS MUST BE IN REGISTERED FORM.-This subsection shall not apply to any obligation which is not issued in registered form."
ALCOHOL-PRODUCING FACILITIESPub. L. 96-223, title II, §241(c), Apr. 2, 1980, 94 Stat. 282, as amended by Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that:"(1) IN GENERAL.-Subparagraph (C) of section 103(g)(3) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as added by subsection (a)) shall not apply to any facility for the production of alcohol from solid waste if-"(A) substantially all of the solid waste derived feedstock for such facility is produced at a facility which-"(i) went into full production in 1977, "(ii) is located within the limits of a city, and "(iii) is located in the same metropolitan area as the alcohol-producing facility, and"(B) before March 1, 1980, there were negotiations between a governmental body and an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 with respect to the utilization of a special process for the production of alcohol at such alcohol-producing facility."(2) LIMITATION.-The aggregate amount of obligations which may be issued by reason of paragraph (1) with respect to any project shall not exceed $30,000,000. "(3) TERMINATION.-This subsection shall not apply to obligations issued after December 31, 1985."
HYDROELECTRIC GENERATING FACILITIES Pub. L. 96-223, title II, §242(b), Apr. 2, 1980, 94 Stat. 284, as amended by Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that:"(1) IN GENERAL.-For purposes of section 103(b)(4)(H) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (relating to qualified hydroelectric generating facilities), in the case of a hydroelectric generating facility described in paragraph (2)-"(A) the facility shall be treated as a qualified hydroelectric generating facility (as defined in section 103(b)(8)(A) of such Code) without regard to clause (ii) of section 48(l)(13)(B) of such Code (relating to maximum generating capacity), and"(B) the fraction referred to in subparagraph (C) of section 103(b)(8) of such Code shall be deemed to be 1."(2) FACILITIES TO WHICH PARAGRAPH (1) APPLIES.-A facility is described in this paragraph if-"(A) it would be a qualified hydroelectric generating facility (as defined in section 103(b)(8)(A) of such Code) if clause (ii) of section 48(l)(13)(B) did not apply,"(B) it constitutes an expansion of generating capacity at an existing hydroelectric generating facility,"(C) such facility is located at 1 of 2 dams located in the same county where-"(i) the rated capacity of the hydroelectric generating facilities at each such dam on October 18, 1979, was more than 750 megawatts,"(ii) the construction of the first such dam began in 1956, power at such first dam was first generated in 1959, and full power production at such first dam began in 1961, and"(iii) the construction of the second such dam began in 1959, power at such second dam was first generated in 1963, and full power production at such second dam began in 1964,"(D) acquisition or construction of the existing facility referred to in subparagraph (B) was financed with the proceeds of an obligation described in section 103(a)(1) of such Code,"(E) the existing facility is owned and operated by a State, political subdivision of a State, or agency or instrumentality of any of the foregoing,"(F) no more than 60 percent of the electric power and energy produced by such existing facility and of the qualified hydroelectric generating facility is to be sold to anyone other than an exempt person (within the meaning of section 103(b)(3) of such Code), and"(G) the agency of the State in which the facility is located which has jurisdiction over water rights had granted, before October 18, 1979, a water right under which expanded power and energy generating capacity for the facility was contemplated."
STATE OBLIGATIONS FOR RENEWABLE ENERGY PROPERTYPub. L. 96-223, title II, §243, Apr. 2, 1980, 94 Stat. 285, as amended by Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that:"(a) CERTAIN STATE OBLIGATIONS FOR RENEWABLE ENERGY PROPERTY.-"(1) IN GENERAL.-Paragraph (1) of subsection (b) of section 103 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] shall not apply to any obligation issued as part of an issue substantially all of the proceeds of which are to be used to provide renewable energy property, if-"(A) the obligations are general obligations of a State,"(B) the authority for the issuance of the obligations requires that taxes be levied in sufficient amount to provide for the payment of principal and interest on such obligations,"(C) the amount of such obligations, when added to the sum of the amounts of all such obligations previously issued by the State which are outstanding, does not exceed the smaller of- "(i) $500,000,000 or"(ii) one-half of 1 percent of the value of all property in the State,"(D) such obligations are issued pursuant to a program to provide financing for small scale energy projects which was established by a State the legislature of which, before October 18, 1979, approved a constitutional amendment to provide for such a program, and"(E) such obligations meet the requirements of paragraph (1) of section 103(h) of the Internal Revenue Code of 1986. "(2) RENEWABLE ENERGY PROPERTY.-For purposes of this subsection, the term 'renewable energy property' means property used to produce energy (including heat, electricity, and substitute fuels) from renewable energy sources (including wind, solar, and geothermal energy, waste heat, biomass, and water)."(b) EFFECTIVE DATE.-Subsection (a) shall apply with respect to obligations issued after the date of enactment of this Act [Apr. 2, 1980]."
DISPOSITION OF AMOUNTS GENERATED BY ADVANCE REFUNDING OF CERTAIN GOVERNMENTAL OBLIGATIONSPub. L. 95-600, title III, §337, Nov. 6, 1978, 92 Stat. 2842, as amended by Pub. L. 96-222, title I, §103(a)(8), Apr. 1, 1980, 94 Stat. 212; Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that:"(a) GENERAL RULE.-The payment to a charitable organization of a refund profit held in a trust fund or escrow arrangement, or held by an underwriter or other person under a qualified agreement in accordance with that agreement- "(1) shall not cause the refunding obligations out of which the refund profit arose to be treated as arbitrage bonds (within the meaning of section 103(c) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]) and"(2) may be paid without penalty imposed on the issuer of such obligations."(b) RULE FOR GOVERNMENTS WHICH HAVE ALREADY PAID ARBITRAGE PROFITS TO THE UNITED STATES.-In the case of a State or local government which, before January 1, 1977-"(1) requested in writing a rule by the Internal Revenue Service with respect to the tax consequences of paying refund profit to charitable organizations, "(2) failed to receive a favorable ruling and did not pay the refund profit to a charitable organization, andwhich accounted to the United States for refund profit by direct payment to the United States, or by the purchase of low-interest United States obligations, the Secretary of the Treasury shall pay, out of any amounts in the Treasury not otherwise appropriated, an amount equal to the refund profit for which the State or local government has accounted to the United States. Amounts paid to a State or local government under this subsection shall be distributed to such charitable organizations within 90 days after the date on which the payment is received by the State or local government in the same manner as if the refund profit had not been paid to the United States and met the requirements of subsection (a)."(c) DEFINITIONS.-For purposes of this section-"(1) REFUND PROFIT.-The term 'Refund profit' means interest, profit, or other amounts generated by, or arising out of, the advance refunding, before September 24, 1976, of an obligation of a State or local government described in section 103 of such Code."(2) CHARITABLE ORGANIZATION.-The term 'charitable organization' means an organization described in section 501(c)(3) of such Code and exempt from taxation under section 501(a) of such Code other than an organization described in section 509(a) of such Code."(3) QUALIFIED AGREEMENT.-The term 'qualified agreement' means an agreement (whether or not enforceable) which provides for, or contemplates, the payment of refund profit to one or more charitable organizations."(4) LOW-INTEREST UNITED STATES OBLIGATIONS.-The term 'low-interest United States obligations' means United States obligations which bear an interest rate lower than the highest rate of interest borne by public debt securities generally available for purchase at the time such obligations were purchased."
TRANSITIONAL PROVISIONS FOR INDUSTRIAL DEVELOPMENT BONDS ISSUED BEFORE JANUARY 1, 1969Pub. L. 90-364, title I, §107(b)(2), June 28, 1968, 82 Stat. 268, as amended by Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that: "Section 103(c)(1) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], as amended by subsection (a) [subsec. (b)(1), formerly subsec. (c)(1) of this section], shall not apply with respect to any obligation issued before January 1, 1969, if before May 1, 1968-"(A) the issuance of the obligation (or the project in connection with which the proceeds of the obligations are to be used) was authorized or approved by the governing body of the governmental unit issuing the obligation or by the voters of such governmental unit;"(B) in connection with the issuance of such obligation or with the use of the proceeds to be derived from the sale of such obligation or the property to be acquired or improved with such proceeds, a governmental unit has made a significant financial commitment; "(C) any person (other than a governmental unit) who will use the proceeds to be derived from the sale of such obligation or the property to be acquired or improved with such proceeds has expended (or has entered into a binding contract to expend) for purposes which are related to the use of such proceeds or property, an amount equal to or in excess of 20 percent of such proceeds; or"(D) in the case of an obligation issued in conjunction with a project where financial assistance will be provided by a governmental agency concerned with economic development, such agency has approved the project or an application for financial assistance is pending."
- Commissioner
- The term "Commissioner" means the Commissioner of Internal Revenue.
- Internal Revenue Code of 1986
- The term "Internal Revenue Code of 1986" means this title, and the term "Internal Revenue Code of 1939" means the Internal Revenue Code enacted February 10, 1939, as amended.
- Secretary of the Treasury
- The term "Secretary of the Treasury" means the Secretary of the Treasury, personally, and shall not include any delegate of his.
- Secretary
- The term "Secretary" means the Secretary of the Treasury or his delegate.
- State
- The term "State" shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.
- corporation
- The term "corporation" includes associations, joint-stock companies, and insurance companies.
- person
- The term "person" shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.
- student
- The term "student" means any individual-(i) who is temporarily present in the United States-(I) under subparagraph (F) or (M) of section 101(15) of the Immigration and Nationality Act, or(II) as a student under subparagraph (J) or (Q) of such section 101(15), and(ii) who substantially complies with the requirements for being so present.
- taxpayer
- The term "taxpayer" means any person subject to any internal revenue tax.