26 U.S.C. § 142
For purposes of this part, the term "exempt facility bond" means any bond issued as part of an issue 95 percent or more of the net proceeds of which are to be used to provide-
For purposes of subsection (a)-
A facility shall be treated as described in paragraph (1), (2), (3), or (12) of subsection (a) only if all of the property to be financed by the net proceeds of the issue is to be owned by a governmental unit.
For purposes of subparagraph (A), property leased by a governmental unit shall be treated as owned by such governmental unit if-
Rules similar to the rules of the preceding sentence shall apply to management contracts and similar types of operating agreements.
An office shall not be treated as described in a paragraph of subsection (a) unless-
For purposes of subsection (a)-
Storage or training facilities directly related to a facility described in paragraph (1), (2), (3) or (11) of subsection (a) shall be treated as described in the paragraph in which such facility is described.
Property shall not be treated as described in paragraph (1), (2), (3) or (11) of subsection (a) if such property is described in any of the following subparagraphs and is to be used for any private business use (as defined in section 141(b)(6)).
For purposes of this section-
The term "qualified residential rental project" means any project for residential rental property if, at all times during the qualified project period, such project meets the requirements of subparagraph (A) or (B), whichever is elected by the issuer at the time of the issuance of the issue with respect to such project:
The project meets the requirements of this subparagraph if 20 percent or more of the residential units in such project are occupied by individuals whose income is 50 percent or less of area median gross income.
The project meets the requirements of this subparagraph if 40 percent or more of the residential units in such project are occupied by individuals whose income is 60 percent or less of area median gross income.
For purposes of this paragraph, 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.
For purposes of this subsection-
The term "qualified project period" means the period beginning on the 1st day on which 10 percent of the residential units in the project are occupied and ending on the latest of-
The income of individuals and area median gross income shall be determined by the Secretary in a manner consistent with determinations of lower income families and area median gross income under section 8 of the United States Housing Act of 1937 (or, if such program is terminated, under such program as in effect immediately before such termination). Determinations under the preceding sentence shall include adjustments for family size. Subsections (g) and (h) of section 7872 shall not apply in determining the income of individuals under this subparagraph.
For purposes of determining income under this subparagraph, payments under section 403 of title 37, United States Code, as a basic pay allowance for housing shall be disregarded with respect to any qualified building.
For purposes of clause (ii), the term "qualified building" means any building located-
For purposes of clause (iii), the term "qualified military installation" means any military installation or facility the number of members of the Armed Forces of the United States assigned to which, as of June 1, 2008, is not less than 1,000.
Rules similar to the rules of section 42(i)(3)(D) shall apply for purposes of this subsection.
A unit shall not fail to be treated as a residential unit merely because such unit is a single-room occupancy unit (within the meaning of section 42).
Any determination of area median gross income under subparagraph (B) with respect to any project for any calendar year after 2008 shall not be less than the area median gross income determined under such subparagraph with respect to such project for the calendar year preceding the calendar year for which such determination is made.
In the case of a HUD hold harmless impacted project, the area median gross income with respect to such project for any calendar year after 2008 (hereafter in this clause referred to as the current calendar year) shall be the greater of the amount determined without regard to this clause or the sum of-
The term "HUD hold harmless policy" means the regulations under which a policy similar to the rules of clause (i) applied to prevent a change in the method of determining area median gross income from resulting in a reduction in the area median gross income determined with respect to certain projects in calendar years 2007 and 2008.
The term "HUD hold harmless impacted project" means any project with respect to which area median gross income was determined under subparagraph (B) for calendar year 2007 or 2008 if such determination would have been less but for the HUD hold harmless policy.
For purposes of this subsection-
The determination of whether the income of a resident of a unit in a project exceeds the applicable income limit shall be made at least annually on the basis of the current income of the resident. The preceding sentence shall not apply with respect to any project for any year if during such year no residential unit in the project is occupied by a new resident whose income exceeds the applicable income limit.
If the income of a resident of a unit in a project did not exceed the applicable income limit upon commencement of such resident's occupancy of such unit (or as of any prior determination under subparagraph (A)), the income of such resident shall be treated as continuing to not exceed the applicable income limit. The preceding sentence shall cease to apply to any resident whose income as of the most recent determination under subparagraph (A) exceeds 140 percent of the applicable income limit if after such determination, but before the next determination, any residential unit of comparable or smaller size in the same project is occupied by a new resident whose income exceeds the applicable income limit.
In the case of a project with respect to which credit is allowed under section 42, the second sentence of subparagraph (B) shall be applied by substituting "building (within the meaning of section 42)" for "project".
In the case of any project described in subparagraph (B), the 2d sentence of subparagraph (B) of paragraph (3) shall be applied by substituting-
A project is described in this subparagraph if the owner of the project elects to have this paragraph apply and, at all times during the qualified project period, such project meets the requirements of clauses (i), (ii), and (iii):
For purposes of subparagraph (B)-
The term "low-income unit" means any unit which is required to be occupied by individuals who meet the applicable income limit.
The term "gross rent" includes-
For purposes of paragraphs (3) and (4), the term "applicable income limit" means-
In the case of a project located in a city having 5 boroughs and a population in excess of 5,000,000, subparagraph (B) of paragraph (1) shall be applied by substituting "25 percent" for "40 percent".
The operator of any project with respect to which an election was made under this subsection shall submit to the Secretary (at such time and in such manner as the Secretary shall prescribe) an annual certification as to whether such project continues to meet the requirements of this subsection. Any failure to comply with the provisions of the preceding sentence shall not affect the tax-exempt status of any bond but shall subject the operator to penalty, as provided in section 6652(j).
For purposes of subsection (a)(4), the term "facilities for the furnishing of water" means any facility for the furnishing of water if-
For purposes of subsection (a)(8)-
The local furnishing of electric energy or gas from a facility shall only include furnishing solely within the area consisting of-
A facility shall not be treated as failing to meet the local furnishing requirement of subsection (a)(8) by reason of electricity transmitted pursuant to an order of the Federal Energy Regulatory Commission under section 211 or 213 of the Federal Power Act (as in effect on the date of the enactment of this paragraph) if the portion of the cost of the facility financed with tax-exempt bonds is not greater than the portion of the cost of the facility which is allocable to the local furnishing of electric energy (determined without regard to this paragraph).
In the case of a facility financed with bonds issued before the date of an order referred to in subparagraph (A) which would (but for this subparagraph) cease to be tax-exempt by reason of subparagraph (A), such bonds shall not cease to be tax-exempt bonds (and section 150(b)(4) shall not apply) if, to the extent necessary to comply with subparagraph (A)-
For purposes of this section, no bond may be issued as part of an issue described in subsection (a)(8) with respect to a facility for the local furnishing of electric energy or gas on or after the date of the enactment of this paragraph unless-
In the case of a facility financed with bonds issued before the date of the enactment of this paragraph which would cease to be tax-exempt by reason of the failure to meet the local furnishing requirement of subsection (a)(8) as a result of a service area expansion, such bonds shall not cease to be tax-exempt bonds (and section 150(b)(4) shall not apply) if the person engaged in such local furnishing by such facility makes an election described in subparagraph (B).
An election is described in this subparagraph if it is an election made in such manner as the Secretary prescribes, and such person (or its predecessor in interest) agrees that-
For purposes of this paragraph, the term "person" includes a group of related persons (within the meaning of section 144(a)(3)) which includes such person.
For purposes of subsection (a)(9), the term "local district heating or cooling facility" means property used as an integral part of a local district heating or cooling system.
For purposes of paragraph (1), the term "local district heating or cooling system" means any local system consisting of a pipeline or network (which may be connected to a heating or cooling source) providing hot water, chilled water, or steam to 2 or more users for-
For purposes of this paragraph, a local system includes facilities furnishing heating and cooling to an area consisting of a city and 1 contiguous county.
For purposes of subsection (a)(10), the term "qualified hazardous waste facility" means any facility for the disposal of hazardous waste by incineration or entombment but only if-
For purposes of subsection (a)(11), the term "high-speed intercity rail facilities" means any facility (not including rolling stock) for the fixed guideway rail transportation of passengers and their baggage between metropolitan statistical areas (within the meaning of section 143(k)(2)(B)) using vehicles that are reasonably expected to be capable of attaining a maximum speed in excess of 150 miles per hour between scheduled stops, but only if such facility will be made available to members of the general public as passengers.
A facility shall be treated as described in subsection (a)(11) only if any owner of such facility which is not a governmental unit irrevocably elects not to claim-
with respect to the property to be financed by the net proceeds of the issue.
A bond issued as part of an issue described in subsection (a)(11) shall not be considered an exempt facility bond unless any proceeds not used within a 3-year period of the date of the issuance of such bond are used (not later than 6 months after the close of such period) to redeem bonds which are part of such issue.
For purposes of subsection (a)(12), the term "environmental enhancements of hydroelectric generating facilities" means property-
A bond issued as part of an issue described in subsection (a)(12) shall not be considered an exempt facility bond unless at least 80 percent of the net proceeds of the issue of which it is a part are used to finance property described in paragraph (1)(B)(i).
For purposes of subsection (a)(13), the term "qualified public educational facility" means any school facility which is-
A public-private partnership agreement is described in this paragraph if it is an agreement-
For purposes of this subsection, the term "school facility" means-
For purposes of this subsection, the terms "elementary school" and "secondary school" have the meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as in effect on the date of the enactment of this subsection.
An issue shall not be treated as an issue described in subsection (a)(13) if the aggregate face amount of bonds issued by the State pursuant thereto (when added to the aggregate face amount of bonds previously so issued during the calendar year) exceeds an amount equal to the greater of-
Except as otherwise provided in this subparagraph, the State may allocate the amount described in subparagraph (A) for any calendar year in such manner as the State determines appropriate.
A State may elect to carry forward an unused limitation for any calendar year for 3 calendar years following the calendar year in which the unused limitation arose under rules similar to the rules of section 146(f), except that the only purpose for which the carryforward may be elected is the issuance of exempt facility bonds described in subsection (a)(13).
For purposes of subsection (a)(14), the term "qualified green building and sustainable design project" means any project which is designated by the Secretary, after consultation with the Administrator of the Environmental Protection Agency, as a qualified green building and sustainable design project and which meets the requirements of clauses (i), (ii), (iii), and (iv) of paragraph (4)(A).
Within 60 days after the end of the application period described in paragraph (3)(A), the Secretary, after consultation with the Administrator of the Environmental Protection Agency, shall designate qualified green building and sustainable design projects. At least one of the projects designated shall be located in, or within a 10-mile radius of, an empowerment zone as designated pursuant to section 1391, and at least one of the projects designated shall be located in a rural State. No more than one project shall be designated in a State. A project shall not be designated if such project includes a stadium or arena for professional sports exhibitions or games.
The Secretary, after consultation with the Administrator of the Environmental Protection Agency, shall ensure that, in the aggregate, the projects designated shall-
A project may not be designated under this subsection unless-
A project may not be designated under this subsection unless the application for such designation includes a project proposal which describes the energy efficiency, renewable energy, and sustainable design features of the project and demonstrates that the project satisfies the following eligibility criteria:
At least 75 percent of the square footage of commercial buildings which are part of the project is registered for United States Green Building Council's LEED certification and is reasonably expected (at the time of the designation) to receive such certification. For purposes of determining LEED certification as required under this clause, points shall be credited by using the following:
The project includes a brownfield site as defined by section 101(39) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601), including a site described in subparagraph (D)(ii)(II)(aa) thereof.
The project receives specific State or local government resources which will support the project in an amount equal to at least $5,000,000. For purposes of the preceding sentence, the term "resources" includes tax abatement benefits and contributions in kind.
The project includes at least one of the following:
The project proposal includes a description of the net benefit of the tax-exempt financing provided under this subsection which will be allocated for financing of one or more of the following:
An issue shall not be treated as an issue described in subsection (a)(14) if any proceeds of such issue are used to provide any facility the principal business of which is the sale of food or alcoholic beverages for consumption on the premises.
The project is projected to provide permanent employment of at least 1,500 full time equivalents (150 full time equivalents in rural States) when completed and construction employment of at least 1,000 full time equivalents (100 full time equivalents in rural States).
The application shall include an independent analysis which describes the project's economic impact, including the amount of projected employment.
Each application described in subparagraph (A) shall contain for each project a description of-
No later than 30 days after the completion of the project, each project must certify to the Secretary that the net benefit of the tax-exempt financing was used for the purposes described in paragraph (4).
For purposes of this subsection-
The term "rural State" means any State which has-
The term "local government" has the meaning given such term by section 1393(a)(5).
The term "net benefit of tax-exempt financing" means the present value of the interest savings (determined by a calculation established by the Secretary) which result from the tax-exempt status of the bonds.
An issue shall not be treated as an issue described in subsection (a)(14) if the aggregate face amount of bonds issued by the State or local government pursuant thereto for a project (when added to the aggregate face amount of bonds previously so issued for such project) exceeds an amount designated by the Secretary as part of the designation.
The Secretary may not allocate authority to issue qualified green building and sustainable design project bonds in an aggregate face amount exceeding $2,000,000,000.
Subsection (a)(14) shall not apply with respect to any bond issued after September 30, 2012.
Paragraphs (7)(B) and (8) shall not apply to any bond (or series of bonds) issued to refund a bond issued under subsection (a)(14) before October 1, 2012, if-
For purposes of subparagraph (A), average maturity shall be determined in accordance with section 147(b)(2)(A).
For purposes of subsection (a)(15), the term "qualified highway or surface freight transfer facilities" means-
The aggregate amount allocated by the Secretary of Transportation under subparagraph (C) shall not exceed $30,000,000,000.
An issue shall not be treated as an issue described in subsection (a)(15) if the aggregate face amount of bonds issued pursuant to such issue for any qualified highway or surface freight transfer facility (when added to the aggregate face amount of bonds previously so issued for such facility) exceeds the amount allocated to such facility under subparagraph (C).
The Secretary of Transportation shall allocate the amount described in subparagraph (A) among qualified highway or surface freight transfer facilities in such manner as the Secretary determines appropriate.
An issue shall not be treated as an issue described in subsection (a)(15) unless at least 95 percent of the net proceeds of the issue is expended for qualified highway or surface freight transfer facilities within the 5-year period beginning on the date of issuance. If at least 95 percent of such net proceeds is not expended within such 5-year period, an issue shall be treated as continuing to meet the requirements of this paragraph if the issuer uses all unspent proceeds of the issue to redeem bonds of the issue within 90 days after the end of such 5-year period. The Secretary, at the request of the issuer, may extend such 5-year period if the issuer establishes that any failure to meet such period is due to circumstances beyond the control of the issuer.
Paragraph (2) shall not apply to any bond (or series of bonds) issued to refund a bond issued under subsection (a)(15) if-
For purposes of subparagraph (A), average maturity shall be determined in accordance with section 147(b)(2)(A).
For purposes of subsection (a)(16), the term "qualified broadband project" means any project which-
A project shall not be treated as a qualified broadband project unless, before the issue date of any issue the proceeds of which are to be used to fund the project, the issuer-
For purposes of subsection (a)(17), the term "qualified carbon dioxide capture facility" means-
For purposes of this subsection:
The term "eligible component" means any equipment which is installed in an industrial carbon dioxide facility that satisfies the requirements under paragraph (3) and which is-
For purposes of this subparagraph-
The term "biomass" means any-
The term "biomass" does not include paper which is commonly recycled.
The term "coal" means anthracite, bituminous coal, subbituminous coal, lignite, and peat.
Except as provided in clause (ii), the term "industrial carbon dioxide facility" means a facility that emits carbon dioxide (including from any fugitive emissions source) that is created as a result of any of the following processes:
For purposes of clause (i), an industrial carbon dioxide facility shall not include-
For purposes of this subparagraph-
The term "petroleum residue" means the carbonized product of high-boiling hydrocarbon fractions obtained in petroleum processing.
The term "geological gas facility" means a facility that-
Subject to subparagraph (B), the eligible components of an industrial carbon dioxide facility satisfies the requirements of this paragraph if such eligible components are designed to have a capture and storage percentage (as determined under subparagraph (C)) that is equal to or greater than 65 percent.
In the case of an industrial carbon dioxide facility designed with a capture and storage percentage that is less than 65 percent, the percentage of the cost of the eligible components installed in such facility that may be financed with tax-exempt bonds may not be greater than the designed capture and storage percentage.
Subject to clause (ii), the capture and storage percentage shall be an amount, expressed as a percentage, equal to the quotient of-
In the case of eligible components that are designed to capture carbon dioxide solely from specific sources of emissions or portions thereof within an industrial carbon dioxide facility, the capture and storage percentage under this subparagraph shall be determined based only on such specific sources of emissions or portions thereof.
The Secretary shall issue such regulations or other guidance as are necessary to carry out the provisions of this subsection, including methods for determining costs attributable to an eligible component for purposes of paragraph (3)(A).
26 U.S.C. § 142
EDITORIAL NOTES
REFERENCES IN TEXTSection 8 of the United States Housing Act of 1937, referred to in subsec. (d)(2)(A)(iii), (B)(i), (4)(C)(ii), is classified to section 1437f of Title 42, The Public Health and Welfare.Sections 211 and 213 of the Federal Power Act, referred to in subsec. (f)(2)(A), are classified to sections 824j and 824l, respectively, of Title 16, Conservation.The date of the enactment of this paragraph, referred to in subsec. (f)(2)(A), is the date of enactment of Pub. L. 102-486, which was approved Oct. 24, 1992. The date of the enactment of this paragraph, referred to in subsec. (f)(3), (4)(A), (B)(ii), is the date of enactment of Pub. L. 104-188, which was approved Aug. 20, 1996.The Solid Waste Disposal Act, referred to in subsec. (h)(1), is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94-580, §2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Solid Waste Disposal Act is classified generally to subchapter III (§6921 et seq.) of chapter 82 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables. The date of the enactment of the Tax Reform Act of 1986, referred to in subsec. (h)(1), is the date of enactment of Pub. L. 99-514, which was approved Oct. 22, 1986.Section 14101 of the Elementary and Secondary Education Act of 1965, referred to in subsec. (k)(4), is section 14101 of Pub. L. 89-10, which was classified to section 8801 of Title 20, Education, prior to repeal by Pub. L. 107-110, §1011(5)(C), Jan. 8, 2002, 115 Stat. 1986.The date of the enactment of this subsection, referred to in subsec. (k)(4), means the date of enactment of Pub. L. 107-16, which was approved June 7, 2001.The enactment of this subsection, referred to in subsec. (l)(3)(A), probably means the date of enactment of Pub. L. 108-357, which was approved Oct. 22, 2004. The date of the enactment of this subsection, referred to in subsec. (m)(1)(A), is the date of enactment of Pub. L. 109-59, which was approved Aug. 10, 2005.
PRIOR PROVISIONSA prior section 142, act Aug. 16, 1954, ch. 736, 68A Stat. 40, enumerated individuals not eligible for standard deduction, prior to repeal by Pub. L. 95-30, title I, §101(d)(1), May 23, 1977, 91 Stat. 133, applicable to taxable years beginning after Dec. 31, 1976.
AMENDMENTS2022-Subsec. (o)(1)(B). Pub. L. 117-169 substituted "section 45Q(e)(3)" for "section 45Q(e)(1)". 2021-Subsec. (a)(16). Pub. L. 117-58, §80401(a), added par. (16).Subsec. (a)(17). Pub. L. 117-58, §80402(a), added par. (17).Subsec. (m)(2)(A). Pub. L. 117-58, §80403(a), substituted "$30,000,000,000" for "$15,000,000,000".Subsec. (n). Pub. L. 117-58, §80401(b), added subsec. (n).Subsec. (o). Pub. L. 117-58, §80402(b), added subsec. (o). 2018-Subsec. (d)(2)(C). Pub. L. 115-141 inserted "section" before "42(i)(3)(D)".2009-Subsec. (i)(1). Pub. L. 111-5 substituted "be capable of attaining a maximum speed in excess of" for "operate at speeds in excess of". 2008-Subsec. (d)(2)(B). Pub. L. 110-289, §3005(a), designated existing provisions as cl. (i), inserted heading, and added cls. (ii) to (iv).Subsec. (d)(2)(C). Pub. L. 110-289, §3008(b), added subpar. (C).Subsec. (d)(2)(D). Pub. L. 110-289, §3008(c), added subpar. (D).Subsec. (d)(2)(E). Pub. L. 110-289, §3009(a), added subpar. (E).Subsec. (d)(3)(A). Pub. L. 110-289, §3010(a), inserted at end "The preceding sentence shall not apply with respect to any project for any year if during such year no residential unit in the project is occupied by a new resident whose income exceeds the applicable income limit."Subsec. (d)(3)(C). Pub. L. 110-289, §3008(a), added subpar. (C). Subsec. (l)(8). Pub. L. 110-343, §307(a), substituted "September 30, 2012" for "September 30, 2009".Subsec. (l)(9). Pub. L. 110-343, §307(b), substituted "October 1, 2012" for "October 1, 2009".2006-Subsec. (d)(2)(B). Pub. L. 109-222 substituted "Subsections (g) and (h) of section 7872" for "Section 7872(g)".2005-Subsec. (a)(15). Pub. L. 109-59, §11143(a), added par. (15).Subsec. (m). Pub. L. 109-59, §11143(b), added subsec. (m).2004-Subsec. (a)(14). Pub. L. 108-357, §701(a), added par. (14). Subsec. (l). Pub. L. 108-357, §701(b), added subsec. (l).2001-Subsec. (a)(13). Pub. L. 107-16, §422(a), added par. (13).Subsec. (k). Pub. L. 107-16, §422(b), added subsec. (k).1998-Subsec. (f)(3)(A)(ii). Pub. L. 105-206 struck out comma after "1997". 1996-Subsec. (b)(1)(A). Pub. L. 104-188, §1704(j)(7), provided that section 1921(b)(2) of Pub. L. 102-486 shall be applied as if a comma appeared after "(2)" in the material proposed to be stricken. See 1992 Amendment note below.Subsec. (f)(3), (4). Pub. L. 104-188, §1608(a), added pars. (3) and (4). 1992-Subsec. (a)(12). Pub. L. 102-486, §1921(a), added par. (12).Subsec. (b)(1)(A). Pub. L. 102-486, §1921(b)(2), which directed the substitution of "(2), (3), or (12)" for "(2) or (3)", was executed by making the substitution for "(2), or (3)". See 1996 Amendment note above.Subsec. (f). Pub. L. 102-486, §1919(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: "For purposes of subsection (a)(8), the local furnishing of electric energy or gas from a facility shall only include furnishing solely within the area consisting of-"(1) a city and 1 contiguous county, or"(2) 2 contiguous counties." Subsec. (j). Pub. L. 102-486, §1921(b)(1), added subsec. (j).1989-Subsec. (d)(2)(B). Pub. L. 101-239, §7108(e)(3), inserted at end "Section 7872(g) shall not apply in determining the income of individuals under this subparagraph." Subsec. (d)(4)(B)(iii). Pub. L. 101-239, §7108(n)(1), substituted "exceed 1/2" for "exceed 1/3".Subsec. (i)(1). Pub. L. 101-239, §7816(s)(1), inserted heading "In general". 1988-Subsec. (a)(11). Pub. L. 100-647, §6180(a), added par. (11).Subsec. (b)(1)(B)(ii). Pub. L. 100-647, §1013(a)(39), inserted "section" before "168(i)(3)". Subsec. (c). Pub. L. 100-647, §6180(b)(2), substituted "mass commuting facilities and high-speed intercity rail facilities" for "and mass commuting facilities" in heading and substituted "paragraph (1), (2), (3) or (11) of subsection (a)" for "paragraph (1), (2), or (3) of subsection (a)" in par. (1) and in introductory text of par. (2).Subsec. (d)(4)(B)(iii). Pub. L. 100-647, §1013(a)(1), substituted "average gross rent" for "average rent".Subsec. (i). Pub. L. 100-647, §6180(b)(1), added subsec. (i).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117-169 applicable to facilities or equipment the construction of which begins after Aug. 16, 2022, see section 13104(i)(2) of Pub. L. 117-169, set out in a note under section 45Q of this title.
EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 117-58, div. H, title IV, §80401(d), Nov. 15, 2021, 135 Stat. 1331, provided that: "The amendments made by this section [amending this section and section 146 of this title] shall apply to obligations issued in calendar years beginning after the date of the enactment of this Act [Nov. 15, 2021]."Amendment by section 80402(a), (b) of Pub. L. 117-58 applicable to obligations issued after Dec. 31, 2021, see section 80402(f) of Pub. L. 117-58, set out as a note under section 45Q of this title. Pub. L. 117-58, div. H, title IV, §80403(b), Nov. 15, 2021, 135 Stat. 1335, provided that: "The amendment made by this section [amending this section] shall apply to bonds issued after the date of the enactment of this Act [Nov. 15, 2021]."
EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111-5, div. B, title I, §1504(b), Feb. 17, 2009, 123 Stat. 355, provided that: "The amendment made by this section [amending this section] shall apply to obligations issued after the date of the enactment of this Act [Feb. 17, 2009]."
EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110-289, div. C, title I, §3005(b), July 30, 2008, 122 Stat. 2885, as amended by Pub. L. 112-240, §303(a), Jan. 2, 2013, 126 Stat. 2329; Pub. L. 113-295, div. A, title I, §113(a), Dec. 19, 2014, 128 Stat. 4014; Pub. L. 114-113, div. Q, title I, §132(a), Dec. 18, 2015, 129 Stat. 3055, provided that: "The amendments made by this section [amending this section] shall apply to-"(1) determinations made after the date of the enactment of this Act [July 30, 2008], in the case of any qualified building (as defined in section 142(d)(2)(B)(iii) of the Internal Revenue Code of 1986)-"(A) with respect to which housing credit dollar amounts have been allocated on or before the date of the enactment of this Act [July 30, 2008], or"(B) with respect to buildings placed in service before such date of enactment, to the extent paragraph (1) of section 42(h) of such Code does not apply to such building by reason of paragraph (4) thereof, but only with respect to bonds issued before such date of enactment, and"(2) determinations made after the date of enactment of this Act [July 30, 2008], in the case of qualified buildings (as so defined)-"(A) with respect to which housing credit dollar amounts are allocated after the date of the enactment of this Act [July 30, 2008], or"(B) with respect to which buildings placed in service after the date of enactment of this Act [July 30, 2008], to the extent paragraph (1) of section 42(h) of such Code does not apply to such building by reason of paragraph (4) thereof, but only with respect to bonds issued after such date of enactment."[Pub. L. 114-113, div. Q, title I, §132(b), Dec. 18, 2015, 129 Stat. 3055, provided that: "The amendments made by this section [amending section 3005(b) of Pub. L. 110-289, set out above] shall take effect as if included in the enactment of section 3005 of the Housing Assistance Tax Act of 2008 [div. C of Pub. L. 110-289]."][Pub. L. 113-295, div. A, title I, §113(b), Dec. 19, 2014, 128 Stat. 4014, provided that: "The amendment made by this section [amending section 3005(b) of Pub. L. 110-289, set out above] shall take effect as if included in the enactment of section 3005 of the Housing Assistance Tax Act of 2008 [div. C of Pub. L. 110-289]."] [Pub. L. 112-240, §303(b), Jan. 2, 2013, 126 Stat. 2329, provided that: "The amendment made by this section [amending section 3005(b) of Pub. L. 110-289, set out above] shall take effect as if included in the enactment of section 3005 of the Housing Assistance Tax Act of 2008 [div. C of Pub. L. 110-289]."] Pub. L. 110-289, div. C, title I, §3008(d), July 30, 2008, 122 Stat. 2887, provided that: "The amendments made by this section [amending this section] shall apply to determinations of the status of qualified residential rental projects for periods beginning after the date of the enactment of this Act [July 30, 2008], with respect to bonds issued before, on, or after such date." Pub. L. 110-289, div. C, title I, §3009(b), July 30, 2008, 122 Stat. 2888, provided that: "The amendment made by this section [amending this section] shall apply to determinations of area median gross income for calendar years after 2008." Pub. L. 110-289, div. C, title I, §3010(b), July 30, 2008, 122 Stat. 2888, provided that: "The amendment made by this section [amending this section] shall apply to years ending after the date of the enactment of this Act [July 30, 2008]."
EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-222, §209(c), May 17, 2006, 120 Stat. 352, provided that: "The amendment made by this section [amending this section and section 7872 of this title] shall apply to calendar years beginning after December 31, 2005, with respect to loans made before, on, or after such date."
EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109-59, §11143(d), Aug. 10, 2005, 119 Stat. 1965, provided that: "The amendments made by this section [amending this section and section 146 of this title] apply to bonds issued after the date of the enactment of this Act [Aug. 10, 2005]."
EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-357, §701(e), Oct. 22, 2004, 118 Stat. 1540, provided that: "The amendments made by this section [amending this section and section 146 of this title] shall apply to bonds issued after December 31, 2004."
EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107-16, §422(f), June 7, 2001, 115 Stat. 66, provided that: "The amendments made by this section [amending this section and sections 146 and 147 of this title] shall apply to bonds issued after December 31, 2001."
EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102-486, §1919(b), Oct. 24, 1992, 106 Stat. 3026, provided that: "The amendment made by subsection (a) [amending this section] shall apply to obligations issued before, on, or after the date of the enactment of this Act [Oct. 24, 1992]." Pub. L. 102-486, §1921(c), Oct. 24, 1992, 106 Stat. 3028, provided that: "The amendments made by this section [amending this section and section 146 of this title] shall apply to bonds issued after the date of the enactment of this Act [Oct. 24, 1992]."
EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 7108(e)(3), (n)(1) of Pub. L. 101-239 applicable, except as otherwise provided, to determinations under section 42 of this title with respect to housing credit dollar amounts allocated from State housing credit ceilings for calendar years after 1989, see section 7108(r) of Pub. L. 101-239, set out as a note under section 42 of this title. Amendment by section 7816(s) of Pub. L. 101-239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647, to which such amendment relates, see section 7817 of Pub. L. 101-239, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 1013(a)(1), (39) of Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title.Pub. L. 100-647, title VI, §6180(c), Nov. 10, 1988, 102 Stat. 3728, provided that: "The amendments made by this section [amending sections 142, 146, and 147 of this title] shall apply to bonds issued after the date of enactment of this Act [Nov. 10, 1988]."
ACCOUNTABILITY Pub. L. 108-357, §701(d), Oct. 22, 2004, 118 Stat. 1539, as amended by Pub. L. 110-343, div. B, title III, §307(c), Oct. 3, 2008, 122 Stat. 3849, provided that: "Each issuer shall maintain, on behalf of each project, an interest bearing reserve account equal to 1 percent of the net proceeds of any bond issued under this section for such project. Not later than 5 years after the date of issuance of the last issue with respect to such project, the Secretary of the Treasury, after consultation with the Administrator of the Environmental Protection Agency, shall determine whether the project financed with such bonds has substantially complied with the terms and conditions described in section 142(l)(4) of the Internal Revenue Code of 1986 (as added by this section). If the Secretary, after such consultation, certifies that the project has substantially complied with such terms and conditions and meets the commitments set forth in the application for such project described in section 142(l)(4) of such Code, amounts in the reserve account, including all interest, shall be released to the project. If the Secretary determines that the project has not substantially complied with such terms and conditions, amounts in the reserve account, including all interest, shall be paid to the United States Treasury."
NO INFERENCE WITH RESPECT TO OUTSTANDING BONDS FROM USE OF TERM "PERSON" Pub. L. 104-188, §1608(b), Aug. 20, 1996, 110 Stat. 1841, provided that: "The use of the term 'person' in section 142(f)(3) of the Internal Revenue Code of 1986, as added by subsection (a), shall not be construed to affect the tax-exempt status of interest on any bonds issued before the date of the enactment of this Act [Aug. 20, 1996]."
TAX-EXEMPT BONDS FOR SALE OF ALASKA POWER ADMINISTRATION FACILITY Pub. L. 104-188, §1804, Aug. 20, 1996, 110 Stat. 1893, provided that: "Sections 142(f)(3) (as added by section 1608) and 147(d) of the Internal Revenue Code of 1986 shall not apply in determining whether any private activity bond issued after the date of the enactment of this Act [Aug. 20, 1996] and used to finance the acquisition of the Snettisham hydroelectric project from the Alaska Power Administration is a qualified bond for purposes of such Code."
- 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.
- Armed Forces of the United States
- The term "military or naval forces of the United States" and the term "Armed Forces of the United States" each includes all regular and reserve components of the uniformed services which are subject to the jurisdiction of the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, and each term also includes the Coast Guard. The members of such forces include commissioned officers and personnel below the grade of commissioned officers in such forces.
- person
- The term "person" shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.
- stock
- The term "stock" includes shares in an association, joint-stock company, or insurance company.