26 U.S.C. § 856
For purposes of this title, the term "real estate investment trust" means a corporation, trust, or association-
The conditions described in paragraphs (1) to (4), inclusive, of subsection (a) must be met during the entire taxable year, and the condition described in paragraph (5) must exist during at least 335 days of a taxable year of 12 months, or during a proportionate part of a taxable year of less than 12 months.
A corporation, trust, or association shall not be considered a real estate investment trust for any taxable year unless-
A real estate investment trust which meets the requirements of this paragraph at the close of any quarter shall not lose its status as a real estate investment trust because of a discrepancy during a subsequent quarter between the value of its various investments and such requirements (including a discrepancy caused solely by the change in the foreign currency exchange rate used to value a foreign asset) unless such discrepancy exists immediately after the acquisition of any security or other property and is wholly or partly the result of such acquisition. A real estate investment trust which does not meet such requirements at the close of any quarter by reason of a discrepancy existing immediately after the acquisition of any security or other property which is wholly or partly the result of such acquisition during such quarter shall not lose its status for such quarter as a real estate investment trust if such discrepancy is eliminated within 30 days after the close of such quarter and in such cases it shall be considered to have met such requirements at the close of such quarter for purposes of applying the preceding sentence.
any income of such trust from any position referred to in subclause (I) and from any transaction referred to in subclause (III) (including gain from the termination of any such position or transaction) shall not constitute gross income under paragraphs (2) and (3) to the extent that such transaction hedges such position, and
any gain from such dispositions shall be treated for purposes of paragraphs (2)(H) and (3)(H) as gain from the disposition of a real estate asset.
For purposes of paragraphs (2) and (3) of subsection (c), the term "rents from real property" includes (subject to paragraph (2))-
For purposes of subparagraph (C), with respect to each lease of real property, rent attributable to personal property for the taxable year is that amount which bears the same ratio to total rent for the taxable year as the average of the fair market values of the personal property at the beginning and at the end of the taxable year bears to the average of the aggregate fair market values of both the real property and the personal property at the beginning and at the end of such taxable year.
For purposes of paragraphs (2) and (3) of subsection (c), the term "rents from real property" does not include-
For purposes of this subsection and subsection (e), the term "independent contractor" means any person-
In the event that any class of stock of either the real estate investment trust or such person is regularly traded on an established securities market, only persons who own, directly or indirectly, more than 5 percent of such class of stock shall be taken into account as owning any of the stock of such class for purposes of applying the 35 percent limitation set forth in subparagraph (B) (but all of the outstanding stock of such class shall be considered outstanding in order to compute the denominator for purpose of determining the applicable percentage of ownership).
Where a real estate investment trust receives or accrues, with respect to real or personal property, any amount which would be excluded from the term "rents from real property" solely because the tenant of the real estate investment trust receives or accrues, directly or indirectly, from subtenants any amount the determination of which depends in whole or in part on the income or profits derived by any person from such property, only a proportionate part (determined pursuant to regulations prescribed by the Secretary) of the amount received or accrued by the real estate investment trust from that tenant will be excluded from the term "rents from real property".
For purposes of this subsection, the rules prescribed by section 318(a) for determining the ownership of stock shall apply in determining the ownership of stock, assets, or net profits of any person; except that-
If-
then the amounts which the trust receives or accrues from the tenant shall not be excluded from the term "rents from real property" by reason of being based on the income or profits of such tenant to the extent the amounts so received or accrued are attributable to qualified rents received or accrued by such tenant.
For purposes of subparagraph (A), the term "qualified rents" means any amount which would be treated as rents from real property if received by the real estate investment trust.
For purposes of paragraph (2)(C)-
The term "impermissible tenant service income" means, with respect to any real or personal property, any amount received or accrued directly or indirectly by the real estate investment trust for-
If the amount described in subparagraph (A) with respect to a property for any taxable year exceeds 1 percent of all amounts received or accrued during such taxable year directly or indirectly by the real estate investment trust with respect to such property, the impermissible tenant service income of the trust with respect to the property shall include all such amounts.
For purposes of subparagraph (A)-
For purposes of subparagraph (A), the amount treated as received for any service (or management or operation) shall not be less than 150 percent of the direct cost of the trust in furnishing or rendering the service (or providing the management or operation).
For purposes of paragraphs (2) and (3) of subsection (c), amounts described in subparagraph (A) shall be included in the gross income of the corporation, trust, or association.
For purposes of this subsection, amounts paid to a real estate investment trust by a taxable REIT subsidiary of such trust shall not be excluded from rents from real property by reason of paragraph (2)(B) if the requirements of either of the following subparagraphs are met:
The requirements of this subparagraph are met with respect to any property if at least 90 percent of the leased space of the property is rented to persons other than taxable REIT subsidiaries of such trust and other than persons described in paragraph (2)(B).
Clause (i) shall apply only to the extent that the amounts paid to the trust as rents from real property (as defined in paragraph (1) without regard to paragraph (2)(B)) from such property are substantially comparable to such rents paid by the other tenants of the trust's property for comparable space.
The substantial comparability requirement of clause (ii) shall be treated as met with respect to a lease to a taxable REIT subsidiary of the trust if such requirement is met under the terms of the lease-
With respect to subclause (III), if the taxable REIT subsidiary of the trust is a controlled taxable REIT subsidiary of the trust, the term "rents from real property" shall not in any event include rent under such lease to the extent of the increase in such rent on account of such modification.
For purposes of clause (iii), the term "controlled taxable REIT subsidiary" means, with respect to any real estate investment trust, any taxable REIT subsidiary of such trust if such trust owns directly or indirectly-
If the requirements of clause (i) are met at a time referred to in clause (iii), such requirements shall continue to be treated as met so long as there is no increase in the space leased to any taxable REIT subsidiary of such trust or to any person described in paragraph (2)(B).
If there is an increase referred to in clause (v) during any calendar quarter with respect to any property, the requirements of clause (iii) shall be treated as met during the quarter and the succeeding quarter if such requirements are met at the close of such succeeding quarter.
The requirements of this subparagraph are met with respect to an interest in real property which is a qualified lodging facility (as defined in paragraph (9)(D)) or a qualified health care property (as defined in subsection (e)(6)(D)(i)) leased by the trust to a taxable REIT subsidiary of the trust if the property is operated on behalf of such subsidiary by a person who is an eligible independent contractor. For purposes of this section, a taxable REIT subsidiary is not considered to be operating or managing a qualified health care property or qualified lodging facility solely because it-
For purposes of paragraph (8)(B)-
The term "eligible independent contractor" means, with respect to any qualified lodging facility or qualified health care property (as defined in subsection (e)(6)(D)(i)), any independent contractor if, at the time such contractor enters into a management agreement or other similar service contract with the taxable REIT subsidiary to operate such qualified lodging facility or qualified health care property, such contractor (or any related person) is actively engaged in the trade or business of operating qualified lodging facilities or qualified health care properties, respectively, for any person who is not a related person with respect to the real estate investment trust or the taxable REIT subsidiary.
Solely for purposes of this paragraph and paragraph (8)(B), a person shall not fail to be treated as an independent contractor with respect to any qualified lodging facility or qualified health care property (as so defined) by reason of the following:
For purposes of subparagraph (B)(iii)-
For purposes of this paragraph-
The term "qualified lodging facility" means any lodging facility unless wagering activities are conducted at or in connection with such facility by any person who is engaged in the business of accepting wagers and who is legally authorized to engage in such business at or in connection with such facility.
The term "lodging facility" means a-
The term "lodging facility" includes customary amenities and facilities operated as part of, or associated with, the lodging facility so long as such amenities and facilities are customary for other properties of a comparable size and class owned by other owners unrelated to such real estate investment trust.
References in this paragraph to operating a property shall be treated as including a reference to managing the property.
Persons shall be treated as related to each other if such persons are treated as a single employer under subsection (a) or (b) of section 52.
For purposes of this part, the term "foreclosure property" means any real property (including interests in real property), and any personal property incident to such real property, acquired by the real estate investment trust as the result of such trust having bid in such property at foreclosure, or having otherwise reduced such property to ownership or possession by agreement or process of law, after there was default (or default was imminent) on a lease of such property or on an indebtedness which such property secured. Such term does not include property acquired by the real estate investment trust as a result of indebtedness arising from the sale or other disposition of property of the trust described in section 1221(a)(1) which was not originally acquired as foreclosure property.
Except as provided in paragraph (3), property shall cease to be foreclosure property with respect to the real estate investment trust as of the close of the 3d taxable year following the taxable year in which the trust acquired such property.
If the real estate investment trust establishes to the satisfaction of the Secretary that an extension of the grace period is necessary for the orderly liquidation of the trust's interests in such property, the Secretary may grant one extension of the grace period for such property. Any such extension shall not extend the grace period beyond the close of the 3d taxable year following the last taxable year in the period under paragraph (2).
Any foreclosure property shall cease to be such on the first day (occurring on or after the day on which the real estate investment trust acquired the property) on which-
For purposes of subparagraph (C), property shall not be treated as used in a trade or business by reason of any activities of the real estate investment trust with respect to such property to the extent that such activities would not result in amounts received or accrued, directly or indirectly, with respect to such property being treated as other than rents from real property.
Property shall be treated as foreclosure property for purposes of this part only if the real estate investment trust so elects (in the manner provided in regulations prescribed by the Secretary) on or before the due date (including any extensions of time) for filing its return of tax under this chapter for the taxable year in which such trust acquires such property. A real estate investment trust may revoke any such election for a taxable year by filing the revocation (in the manner provided by the Secretary) on or before the due date (including any extension of time) for filing its return of tax under this chapter for the taxable year. If a trust revokes an election for any property, no election may be made by the trust under this paragraph with respect to the property for any subsequent taxable year.
For purposes of this subsection-
The term "foreclosure property" shall include any qualified health care property acquired by a real estate investment trust as the result of the termination of a lease of such property (other than a termination by reason of a default, or the imminence of a default, on the lease).
In the case of a qualified health care property which is foreclosure property solely by reason of subparagraph (A), in lieu of applying paragraphs (2) and (3)-
Any such extension shall not extend the grace period beyond the close of the 6th year after the taxable year in which such trust acquired such qualified health care property.
For purposes of applying paragraph (4)(C) with respect to qualified health care property which is foreclosure property by reason of subparagraph (A) or paragraph (1), income derived or received by the trust from an independent contractor shall be disregarded to the extent such income is attributable to-
The term "qualified health care property" means any real property (including interests therein), and any personal property incident to such real property, which-
For purposes of clause (i), the term "health care facility" means a hospital, nursing facility, assisted living facility, congregate care facility, qualified continuing care facility (as defined in section 7872(g)(4)), or other licensed facility which extends medical or nursing or ancillary services to patients and which, immediately before the termination, expiration, default, or breach of the lease of or mortgage secured by such facility, was operated by a provider of such services which was eligible for participation in the medicare program under title XVIII of the Social Security Act with respect to such facility.
For purposes of paragraphs (2)(B) and (3)(B) of subsection (c), the term "interest" does not include any amount received or accrued, directly or indirectly, if the determination of such amount depends in whole or in part on the income or profits of any person except that-
If-
then the amounts which the trust receives or accrues from such debtor shall not be excluded from the term "interest" by reason of being based on the income or profits of such debtor to the extent the amounts so received are attributable to qualified rents received or accrued by such debtor.
An election under subsection (c)(1) made by a corporation, trust, or association shall terminate if the corporation, trust, or association is not a real estate investment trust to which the provisions of this part apply for the taxable year with respect to which the election is made, or for any succeeding taxable year unless paragraph (5) applies. Such termination shall be effective for the taxable year for which the corporation, trust, or association is not a real estate investment trust to which the provisions of this part apply, and for all succeeding taxable years.
An election under subsection (c)(1) made by a corporation, trust, or association may be revoked by it for any taxable year after the first taxable year for which the election is effective. A revocation under this paragraph shall be effective for the taxable year in which made and for all succeeding taxable years. Such revocation must be made on or before the 90th day after the first day of the first taxable year for which the revocation is to be effective. Such revocation shall be made in such manner as the Secretary shall prescribe by regulations.
Except as provided in paragraph (4), if a corporation, trust, or association has made an election under subsection (c)(1) and such election has been terminated or revoked under paragraph (1) or paragraph (2), such corporation, trust, or association (and any successor corporation, trust, or association) shall not be eligible to make an election under subsection (c)(1) for any taxable year prior to the fifth taxable year which begins after the first taxable year for which such termination or revocation is effective.
If the election of a corporation, trust, or association has been terminated under paragraph (1), paragraph (3) shall not apply if-
This paragraph applies to a corporation, trust, or association-
For purposes of subsection (a)(6), a corporation, trust, or association is closely held if the stock ownership requirement of section 542(a)(2) is met.
For purposes of subparagraph (A)-
Paragraphs (5) and (6) of subsection (a) shall not apply to the 1st taxable year for which an election is made under subsection (c)(1) by any corporation, trust, or association.
Except as provided in clause (ii), in determining whether the stock ownership requirement of section 542(a)(2) is met for purposes of paragraph (1)(A), any stock held by a qualified trust shall be treated as held directly by its beneficiaries in proportion to their actuarial interests in such trust and shall not be treated as held by such trust.
Clause (i) shall not apply to any qualified trust if one or more disqualified persons (as defined in section 4975(e)(2), without regard to subparagraphs (B) and (I) thereof) with respect to such qualified trust hold in the aggregate 5 percent or more in value of the interests in the real estate investment trust and such real estate investment trust has accumulated earnings and profits attributable to any period for which it did not qualify as a real estate investment trust.
If any entity qualifies as a real estate investment trust for any taxable year by reason of subparagraph (A), such entity shall not be treated as a personal holding company for such taxable year for purposes of part II of subchapter G of this chapter.
If any qualified trust holds more than 10 percent (by value) of the interests in any pension-held REIT at any time during a taxable year, the trust shall be treated as having for such taxable year gross income from an unrelated trade or business in an amount which bears the same ratio to the aggregate dividends paid (or treated as paid) by the REIT to the trust for the taxable year of the REIT with or within which the taxable year of the trust ends (the "REIT year") as-
This subparagraph shall apply only if the ratio determined under the preceding sentence is at least 5 percent.
The purposes of subparagraph (C)-
A real estate investment trust is a pension-held REIT if such trust would not have qualified as a real estate investment trust but for the provisions of this paragraph and if such trust is predominantly held by qualified trusts.
For purposes of clause (i), a real estate investment trust is predominantly held by qualified trusts if-
For purposes of this paragraph, the term "qualified trust" means any trust described in section 401(a) and exempt from tax under section 501(a).
For purposes of this title-
For purposes of this subsection, the term "qualified REIT subsidiary" means any corporation if 100 percent of the stock of such corporation is held by the real estate investment trust. Such term shall not include a taxable REIT subsidiary.
For purposes of this subtitle, if any corporation which was a qualified REIT subsidiary ceases to meet the requirements of paragraph (2), such corporation shall be treated as a new corporation acquiring all of its assets (and assuming all of its liabilities) immediately before such cessation from the real estate investment trust in exchange for its stock.
Solely for purposes of subsection (c) of this section and section 857(b)(6), any income derived from a shared appreciation provision shall be treated as gain recognized on the sale of the secured property.
For purposes of applying subsection (c) of this section and section 857(b)(6) to any income described in paragraph (1)-
For purposes of section 857(b)(6)(C)-
For purposes of section 857(b)(6)(C), if a real estate investment trust is treated as having sold secured property under paragraph (3)(A), the trust shall be treated as having held such property for at least 4 years if-
Subparagraph (A) shall not apply if-
For purposes of this subsection-
The term "shared appreciation provision" means any provision-
The term "secured property" means the real property referred to in subparagraph (A).
A corporation, trust, or association-
shall be treated as having met the requirement of subsection (a)(6) for the taxable year.
For purposes of this part-
The term "taxable REIT subsidiary" means, with respect to a real estate investment trust, a corporation (other than a real estate investment trust) if-
Such an election, once made, shall be irrevocable unless both such trust and corporation consent to its revocation. Such election, and any revocation thereof, may be made without the consent of the Secretary.
The term "taxable REIT subsidiary" includes, with respect to any real estate investment trust, any corporation (other than a real estate investment trust) with respect to which a taxable REIT subsidiary of such trust owns directly or indirectly-
The preceding sentence shall not apply to a qualified REIT subsidiary (as defined in subsection (i)(2)). For purposes of subparagraph (B), securities described in subsection (m)(2)(A) shall not be taken into account.
The term "taxable REIT subsidiary" shall not include-
Subparagraph (B) shall not apply to rights provided to an eligible independent contractor to operate or manage a lodging facility or a health care facility if such rights are held by such corporation as a franchisee, licensee, or in a similar capacity and such lodging facility or health care facility is either owned by such corporation or is leased to such corporation from the real estate investment trust.
For purposes of paragraph (3)-
The term "lodging facility" has the meaning given to such term by subsection (d)(9)(D)(ii).
The term "health care facility" has the meaning given to such term by subsection (e)(6)(D)(ii).
In applying subclause (III) of subsection (c)(4)(B)(iv), except as otherwise determined by the Secretary in regulations, the following shall not be considered securities held by the trust:
For purposes of paragraph (1)(A), securities meet the requirements of this paragraph if such securities are straight debt, as defined in section 1361(c)(5) (without regard to subparagraph (B)(iii) thereof).
For purposes of subparagraph (A), any interest or principal shall not be treated as failing to satisfy section 1361(c)(5)(B)(i) solely by reason of the fact that-
In the case of an issuer which is a corporation or a partnership, securities that otherwise would be described in paragraph (1)(A) shall be considered not to be so described if the trust holding such securities and any of its controlled taxable REIT subsidiaries (as defined in subsection (d)(8)(A)(iv)) hold any securities of the issuer which-
For purposes of applying subclause (III) of subsection (c)(4)(B)(iv)-
For purposes of subparagraph (A), with respect to any taxable year beginning after the date of the enactment of this subparagraph-
For purposes of applying subclause (III) of subsection (c)(4)(B)(iv)-
The Secretary is authorized to provide guidance (including through the issuance of a written determination, as defined in section 6110(b)) that an arrangement shall not be considered a security held by the trust for purposes of applying subclause (III) of subsection (c)(4)(B)(iv) notwithstanding that such arrangement otherwise could be considered a security under subparagraph (F) of subsection (c)(5).
For purposes of this part-
For purposes of this subsection, the term "real estate foreign exchange gain" means-
For purposes of this subsection, the term "passive foreign exchange gain" means-
Notwithstanding this subsection or any other provision of this part, any section 988 gain derived by a corporation, trust, or association from dealing, or engaging in substantial and regular trading, in securities (as defined in section 475(c)(2)) shall constitute gross income which does not qualify under paragraph (2) or (3) of subsection (c). This paragraph shall not apply to income which does not constitute gross income by reason of subsection (c)(5)(G).
26 U.S.C. § 856
EDITORIAL NOTES
REFERENCES IN TEXTThe date of the enactment of this subparagraph, referred to in subsec. (c)(2)(I), is the date of enactment of Pub. L. 110-246, which was approved June 18, 2008. The Investment Company Act of 1940, referred to in subsec. (c)(5)(F), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, which is classified generally to subchapter I (§80a-1 et seq.) of chapter 2D of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 80a-51 of Title 15 and Tables.The date of the enactment of this paragraph and such date of enactment, referred to in subsec. (c)(10), is the date of enactment of Pub. L. 110-246, which was approved June 18, 2008.The Social Security Act, referred to in subsec. (e)(6)(D)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XVIII of the Act is classified generally to subchapter XVIII (§1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.The date of the enactment of this subparagraph, referred to in subsec. (m)(3)(B), is the date of enactment of Pub. L. 108-357, which was approved Oct. 22, 2004.
CODIFICATIONPub. L. 110-234 and Pub. L. 110-246 made identical amendments to this section. The amendments by Pub. L. 110-234 were repealed by section 4(a) of Pub. L. 110-246.
AMENDMENTS2018-Subsec. (c)(7)(A), (B). Pub. L. 115-141, §401(a) (146), in introductory provisions, substituted "paragraph (4)(B)(iv)" for "paragraph (4)(B)(iii)".Subsec. (c)(9)(A). Pub. L. 115-141, §101(n)(1), designated existing provisions as cl. (i), inserted heading, and added cl. (ii).Subsec. (c)(9)(B). Pub. L. 115-141, §101(n)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to certain personal property mortgaged in connection with real property.Subsec. (m)(1), (3)(A), (4). Pub. L. 115-141, §401(a) (147), in introductory provisions, substituted "subsection (c)(4)(B)(iv)" for "subsection (c)(4)(B)(iii)".Subsec. (m)(5). Pub. L. 115-141, §401(a) (147), substituted "subsection (c)(4)(B)(iv)" for "subsection (c)(4)(B)(iii)".Subsec. (m)(6). Pub. L. 115-141, §401(b) (28), struck out par. (6) which related to transition rule.2015-Subsec. (c)(3)(H). Pub. L. 114-113, §317(a)(2), inserted "(other than a nonqualified publicly offered REIT debt instrument)" after "real estate asset".Subsec. (c)(4)(B)(ii). Pub. L. 114-113, §312(a), substituted "20 percent" for "25 percent".Subsec. (c)(4)(B)(iii), (iv). Pub. L. 114-113, §317(a)(3), added cl. (iii) and redesignated former cl. (iii) as (iv).Subsec. (c)(5)(B). Pub. L. 114-113, §317(a)(1), (b), inserted "or on interests in real property" after "interests in mortgages on real property", substituted ", shares" for "and shares", and inserted ", and debt instruments issued by publicly offered REITs" before period at end of first sentence.Subsec. (c)(5)(G)(i). Pub. L. 114-113, §319(b)(2)(A), struck out "which is clearly identified pursuant to section 1221(a)(7)" after "of section 1221(b)(2)(A))". Subsec. (c)(5)(G)(ii). Pub. L. 114-113, §319(b)(2)(B), struck out before period at end ", but only if such transaction is clearly identified as such before the close of the day on which it was acquired, originated, or entered into (or such other time as the Secretary may prescribe)".Subsec. (c)(5)(G)(iii). Pub. L. 114-113, §319(a), added cl. (iii). Subsec. (c)(5)(G)(iv). Pub. L. 114-113, §319(b)(1), added cl. (iv).Subsec. (c)(5)(L). Pub. L. 114-113, §317(a)(4), added subpar. (L).Subsec. (c)(8). Pub. L. 114-113, §311(b), added par. (8). Former par. (8) redesignated (9). Subsec. (c)(9). Pub. L. 114-113, §318(a), added par. (9). Former par. (9) redesignated (10). Pub. L. 114-113, §311(b), redesignated par. (8) as (9). Subsec. (c)(10). Pub. L. 114-113, §318(a), redesignated par. (9) as (10).Subsec. (e)(4)(C). Pub. L. 114-113, §321(a)(3), inserted "or through a taxable REIT subsidiary" after "receive any income". 2008-Subsec. (c)(2)(I). Pub. L. 110-246, §15313(a), added subpar. (I).Subsec. (c)(4). Pub. L. 110-289, §3032(a), inserted "(including a discrepancy caused solely by the change in the foreign currency exchange rate used to value a foreign asset)" after "such requirements" in first sentence of concluding provisions. Subsec. (c)(4)(B)(ii). Pub. L. 110-289, §3041, substituted "than 25 percent" for "than 20 percent" and "REIT subsidiaries," for "REIT subsidiaries (in the case of a quarter which closes on or before the termination date, 25 percent in the case of a timber real estate investment trust), and". Pub. L. 110-246, §15314(a), inserted "(in the case of a quarter which closes on or before the termination date, 25 percent in the case of a timber real estate investment trust)" after "REIT subsidiaries".Subsec. (c)(5)(G). Pub. L. 110-289, §3031(b), amended subpar. (G) generally. Prior to amendment, text read as follows: "Except to the extent provided by regulations, any income of a real estate investment trust from a hedging transaction (as defined in clause (ii) or (iii) of section 1221(b)(2)(A)) which is clearly identified pursuant to section 1221(a)(7), including gain from the sale or disposition of such a transaction, shall not constitute gross income under paragraph (2) to the extent that the transaction hedges any indebtedness incurred or to be incurred by the trust to acquire or carry real estate assets."Subsec. (c)(5)(H). Pub. L. 110-246, §15312(a), added subpar. (H). Subsec. (c)(5)(I). Pub. L. 110-246, §15313(b), added subpar. (I).Subsec. (c)(5)(J). Pub. L. 110-289, §3031(c), added subpar. (J).Subsec. (c)(5)(K). Pub. L. 110-289, §3032(b), added subpar. (K).Subsec. (c)(8). Pub. L. 110-246, §15312(b), added par. (8).Subsec. (d)(8)(B). Pub. L. 110-289, §3061(a), amended subpar. (B) generally. Prior to amendment, text read as follows: "The requirements of this subparagraph are met with respect to an interest in real property which is a qualified lodging facility leased by the trust to a taxable REIT subsidiary of the trust if the property is operated on behalf of such subsidiary by a person who is an eligible independent contractor."Subsec. (d)(9)(A), (B). Pub. L. 110-289, §3061(b), amended subpars. (A) and (B) generally. Prior to amendment, subpar. (A) defined "eligible independent contractor" with respect to any qualified lodging facility and subpar. (B) set forth reasons by which a person would not fail to be treated as an independent contractor with respect to any qualified lodging facility.Subsec. (l)(3). Pub. L. 110-289, §3061(c), inserted "or a health care facility" after "a lodging facility" and "or health care facility" after "such lodging facility" in concluding provisions.Subsec. (n). Pub. L. 110-289, §3031(a), added subsec. (n).2007-Subsec. (d)(9)(D)(ii). Pub. L. 110-172, §9(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "The term 'lodging facility' means a hotel, motel, or other establishment more than one-half of the dwelling units in which are used on a transient basis."Subsec. (l)(2). Pub. L. 110-172, §11(a) (18), in concluding provisions, inserted last sentence and struck out former last sentence which read as follows: "The rule of section 856(c)(7) shall apply for purposes of subparagraph (B)."2005-Subsec. (c)(7). Pub. L. 109-135, §403(d)(1), reenacted heading without change and amended text generally. Prior to amendment, text consisted of subpars. (A) to (C) relating to rules of application for a corporation, trust, or association that fails to satisfy the requirements of paragraph (4) of this subsection.Subsec. (g)(5)(A). Pub. L. 109-135, §412 (hh), substituted "paragraph (2), (3), or (4) of subsection (c)" for "subsection (c)(6) or (c)(7) of section 856".Subsec. (m)(6). Pub. L. 109-135, §403(d)(2), added par. (6). 2004-Subsec. (c)(5)(E). Pub. L. 108-357, §835(b)(4), struck out last sentence which read as follows: "The principles of the preceding provisions of this subparagraph shall apply to regular interests in a FASIT."Subsec. (c)(5)(G). Pub. L. 108-357, §243(d), reenacted heading without change and amended text of subpar. (G) generally. Prior to amendment, subpar. (G) provided that, except to the extent provided by regulations, payment to a real estate investment trust under an interest rate swap or cap agreement, option, futures contract, forward rate agreement, or any similar financial instrument, entered into by the trust in a transaction to reduce the interest rate risks with respect to any indebtedness incurred or to be incurred by the trust to acquire or carry real estate assets, and gain from the sale or other disposition of any such investment, would be treated as income qualifying under par. (2).Subsec. (c)(6)(A). Pub. L. 108-357, §243(f)(2), added subpar. (A) and struck out former subpar. (A) which read as follows: "the nature and amount of each item of its gross income described in such paragraphs is set forth in a schedule attached to its income tax return for such taxable year;".Subsec. (c)(6)(B), (C). Pub. L. 108-357, §243(f)(2), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: "the inclusion of any incorrect information in the schedule referred to in subparagraph (A) is not due to fraud with intent to evade tax; and".Subsec. (c)(7). Pub. L. 108-357, §243(f)(1), added par. (7). Pub. L. 108-357, §243(a)(1), struck out par. (7) which provided that securities of an issuer which were straight debt would not be taken into account in applying paragraph (4)(B)(iii)(III), if the issuer was an individual, if the only securities of such issuer which were held by the trust or a taxable REIT subsidiary of the trust were straight debt, or if the issuer was a partnership and the trust held at least a 20 percent profits interest in the partnership.Subsec. (d)(8)(A). Pub. L. 108-357, §243(b), reenacted heading without change and amended text of subpar. (A) generally. Prior to amendment, text read as follows: "The requirements of this subparagraph are met with respect to any property if at least 90 percent of the leased space of the property is rented to persons other than taxable REIT subsidiaries of such trust and other than persons described in section 856(d)(2)(B). The preceding sentence shall apply only to the extent that the amounts paid to the trust as rents from real property (as defined in paragraph (1) without regard to paragraph (2)(B)) from such property are substantially comparable to such rents made by the other tenants of the trust's property for comparable space."Subsec. (g)(1). Pub. L. 108-357, §243(f)(3)(A), inserted "unless paragraph (5) applies" before ". Such termination".Subsec. (g)(5). Pub. L. 108-357, §243(f)(3)(B), added par. (5).Subsec. (m). Pub. L. 108-357, §243(a)(2), added subsec. (m). 2000-Subsec. (c)(7). Pub. L. 106-554, §1(a)(7) [title III, §319(9)], substituted "paragraph (4)(B)(iii)(III)" for "paragraph (4)(B)(ii)(III)" in introductory provisions. Subsec. (l)(4)(A). Pub. L. 106-554, §1(a)(7) [title III, §319(10)], substituted "subsection (d)(9)(D)(ii)" for "paragraph (9)(D)(ii)".1999-Subsec. (c)(2)(D), (3)(C). Pub. L. 106-170, §532(c)(2)(H), (I), substituted "section 1221(a)(1)" for "section 1221(1)".Subsec. (c)(4)(B). Pub. L. 106-170, §541(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "not more than 25 percent of the value of its total assets is represented by securities (other than those includible under subparagraph (A)) for purposes of this calculation limited in respect of any one issuer to an amount not greater in value than 5 percent of the value of the total assets of the trust and to not more than 10 percent of the outstanding voting securities of such issuer."Subsec. (c)(7). Pub. L. 106-170, §541(b), added par. (7).Subsec. (d)(1). Pub. L. 106-170, §542(b)(3)(A)(i), substituted "fair market values" for "adjusted bases" in two places in concluding provisions.Subsec. (d)(2)(B). Pub. L. 106-170, §542(b)(2), inserted "except as provided in paragraph (8)," after "(B)" in introductory provisions. Subsec. (d)(2)(B)(i). Pub. L. 106-170, §542(b)(3)(B)(i), substituted "value" for "number".Subsec. (d)(3). Pub. L. 106-170, §561(a), inserted concluding provisions. Subsec. (d)(7)(C)(i). Pub. L. 106-170, §542(a), inserted "or through a taxable REIT subsidiary of such trust" after "income". Subsec. (d)(8), (9). Pub. L. 106-170, §542(b)(1), added pars. (8) and (9).Subsec. (e)(1). Pub. L. 106-170, §532(c)(2)(J), substituted "section 1221(a)(1)" for "section 1221(1)". Subsec. (e)(6). Pub. L. 106-170, §551(a), added par. (6).Subsec. (i)(2). Pub. L. 106-170, §543(b), inserted at end "Such term shall not include a taxable REIT subsidiary." Subsec. (j)(2)(B). Pub. L. 106-170, §532(c)(2)(K), substituted "section 1221(a)(1)" for "section 1221(1)".Subsec. (l). Pub. L. 106-170, §543(a), added subsec. (l). 1997-Subsec. (a)(6). Pub. L. 105-34, §1251(b)(2), inserted "subject to the provisions of subsection (k)," before "which is not".Subsec. (c)(3)(I). Pub. L. 105-34, §1255(a)(1), inserted "and" at end.Subsec. (c)(4). Pub. L. 105-34, §1255(a)(2), (3), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: "less than 30 percent of its gross income is derived from the sale or other disposition of-"(A) stock or securities held for less than 1 year;"(B) property in a transaction which is a prohibited transaction; and"(C) real property (including interests in real property and interests in mortgages on real property) held for less than 4 years other than-"(i) property compulsorily or involuntarily converted within the meaning of section 1033, and"(ii) property which is foreclosure property within the definition of section 856(e); and".Subsec. (c)(5). Pub. L. 105-34, §1255(a)(3), redesignated par. (6) as (5). Former par. (5) redesignated (4).Subsec. (c)(5)(G). Pub. L. 105-34, §1258, amended heading and text of subpar. (G) generally. Prior to amendment, text read as follows: "Except to the extent provided by regulations, any-"(i) payment to a real estate investment trust under a bona fide interest rate swap or cap agreement entered into by the real estate investment trust to hedge any variable rate indebtedness of such trust incurred or to be incurred to acquire or carry real estate assets, and "(ii) any gain from the sale or other disposition of such agreement,shall be treated as income qualifying under paragraph (2)." Pub. L. 105-34, §1255(b)(1), struck out "and such agreement shall be treated as a security for purposes of paragraph (4)(A)" after "under paragraph (2)" in concluding provisions. Subsec. (c)(6), (7). Pub. L. 105-34, §1255(a)(3), redesignated par. (7) as (6). Former par. (6) redesignated (5).Subsec. (c)(8). Pub. L. 105-34, §1255(a)(2), struck out heading and text of par. (8). Text read as follows: "In the case of the taxable year in which a real estate investment trust is completely liquidated, there shall not be taken into account under paragraph (4) any gain from the sale, exchange, or distribution of any property after the adoption of the plan of complete liquidation."Subsec. (d)(2). Pub. L. 105-34, §1252(a), added subpar. (C) and struck out former subpar. (C) and concluding provisions which read as follows:"(C) any amount received or accrued, directly or indirectly, with respect to any real or personal property if the real estate investment trust furnishes or renders services to the tenants of such property, or manages or operates such property, other than through an independent contractor from whom the trust itself does not derive or receive any income.Subparagraph (C) shall not apply with respect to any amount if such amount would be excluded from unrelated business taxable income under section 512(b)(3) if received by an organization described in section 511(a)(2)."Subsec. (d)(5). Pub. L. 105-34, §1253, substituted "except that-" and subpars. (A) and (B) for "except that '10 percent' shall be substituted for '50 percent' in subparagraph (C) of section 318(a)(2) and 318(a)(3)."Subsec. (d)(7). Pub. L. 105-34, §1252(b), added par. (7).Subsec. (e)(2). Pub. L. 105-34, §1257(a)(1), which directed amendment of par. (2) by substituting "as of the close of the 3d taxable year following the taxable year in which the trust acquired such property" for "on the date which is 2 years after the date the trust acquired such property", was executed by making the substitution for "on the date which is 2 years after the date such trust acquired such property" to reflect the probable intent of Congress. Subsec. (e)(3). Pub. L. 105-34, §1257(a)(2), substituted "grant one extension" for "grant one or more extensions" and "Any such extension shall not extend the grace period beyond the close of the 3d taxable year following the last taxable year in the period under paragraph (2)." for "Any such extension shall not extend the grace period beyond the date which is 6 years after the date such trust acquired such property."Subsec. (e)(4). Pub. L. 105-34, §1257(c), inserted concluding provisions "For purposes of subparagraph (C), property shall not be treated as used in a trade or business by reason of any activities of the real estate investment trust with respect to such property to the extent that such activities would not result in amounts received or accrued, directly or indirectly, with respect to such property being treated as other than rents from real property." Subsec. (e)(5). Pub. L. 105-34, §1257(b), substituted "A real estate investment trust may revoke any such election for a taxable year by filing the revocation (in the manner provided by the Secretary) on or before the due date (including any extension of time) for filing its return of tax under this chapter for the taxable year. If a trust revokes an election for any property, no election may be made by the trust under this paragraph with respect to the property for any subsequent taxable year." for "Any such election shall be irrevocable."Subsec. (i)(2). Pub. L. 105-34, §1262, struck out "at all times during the period such corporation was in existence" after "real estate investment trust". Subsec. (j)(4). Pub. L. 105-34, §1261(a), added par. (4). Former par. (4) redesignated (5).Subsec. (j)(5). Pub. L. 105-34, §1261(a), redesignated par. (4) as (5).Subsec. (j)(5)(A)(ii). Pub. L. 105-34, §1261(b), inserted before period at end "or appreciation in value as of any specified date".Subsec. (k). Pub. L. 105-34, §1251(b)(1), added subsec. (k). 1996-Subsec. (a)(4). Pub. L. 104-188, §1704(t) (35), substituted "section 582(c)(2)" for "section 582(c)(5)". Subsec. (c)(6)(E). Pub. L. 104-188, §1621(b)(5), inserted at end "The principles of the preceding provisions of this subparagraph shall apply to regular interests in a FASIT."1993-Subsec. (h)(3). Pub. L. 103-66 added par. (3). 1988-Subsec. (c)(6)(D). Pub. L. 100-647, §1006(t)(11), struck out subpar. (D), as added by Pub. L. 99-514, §671(b)(1), which read as follows: "A regular or residual interest in a REMIC shall be treated as an interest in real property, and any amount includible in gross income with respect to such an interest shall be treated as interest; except that, if less than 95 percent of the assets of such REMIC are interests in real property (determined as if the taxpayer held such assets), such interest shall be so treated only in the proportion which the assets of the REMIC consist of such interests."Subsec. (c)(6)(D)(i)(I). Pub. L. 100-647, §1006(p)(1), substituted "debt instrument (within the meaning of section 1275(a)(1))" for "debt instrument".Subsec. (c)(6)(D)(ii)(I). Pub. L. 100-647, §1006(p)(5), substituted "stock (or certificates of beneficial interests) in such trust" for "stock in such trust".Subsec. (c)(6)(E), (F). Pub. L. 100-647, §1006(t)(11), added subpar. (E) and redesignated former subpar. (E) as (F).Subsec. (c)(6)(G). Pub. L. 100-647, §1006(p)(4)(A), added subpar. (G).Subsec. (c)(8). Pub. L. 100-647, §1006(p)(3), added par. (8). Subsec. (d)(6)(A). Pub. L. 100-647, §1006(q)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "If- "(i) a real estate investment trust receives or accrues, with respect to real or personal property, amounts from a tenant which derives substantially all of its income with respect to such property from the subleasing of substantially all of such property, and"(ii) such tenant receives or accrues, directly or indirectly, from subtenants only amounts which are qualified rents,then the amounts that the trust receives or accrues from the tenant shall not be excluded from the term 'rents from real property' solely by reason of being based on the income or profits of such tenant."Subsec. (f). Pub. L. 100-647, §1006(q)(2), amended subsec. (f) generally, making changes in content and structure.1986-Subsec. (a)(4). Pub. L. 99-514, §901(d)(4)(E), substituted "referred to in section 582(c)(5)" for "to which section 585, 586, or 593 applies".Subsec. (a)(6). Pub. L. 99-514, §661(a)(1), amended par. (6) generally. Prior to amendment, par. (6) read as follows: "which would not be a personal holding company (as defined in section 542) if all of its adjusted ordinary gross income (as defined in section 543(b)(2)) constituted personal holding company income (as defined in section 543); and".Subsec. (c)(3)(I). Pub. L. 99-514, §662(b)(1), added subpar. (I).Subsec. (c)(6)(B). Pub. L. 99-514, §662(b)(2), inserted "Such term also includes any property (not otherwise a real estate asset) attributable to the temporary investment of new capital, but only if such property is stock or a debt instrument, and only for the 1-year period beginning on the date the real estate trust receives such capital."Subsec. (c)(6)(D). Pub. L. 99-514, §671(b)(1), added subpar. (D) relating to REMIC interest. Former subpar. (D) redesignated (E).Pub. L. 99-514, §662(b)(3), added subpar. (D) relating to qualified temporary investment income. Former subpar. (D) redesignated (E).Subsec. (c)(6)(E). Pub. L. 99-514, §§662(b)(3), 671(b)(1), made identical redesignations of former subpar. (D) as (E).Subsec. (d)(2). Pub. L. 99-514, §663(a), (b)(3), inserted reference to par. (6) in subpar. (A) and inserted at end "Subparagraph (C) shall not apply with respect to any amount if such amount would be excluded from unrelated business taxable income under section 512(b)(3) if received by an organization described in section 511(a)(2)."Subsec. (d)(6). Pub. L. 99-514, §663(b)(1), added par. (6).Subsec. (f). Pub. L. 99-514, §663(b)(2), amended subsec. (f) generally, restating former introductory provisions and par. (1) as introductory provisions of par. (1) and as subpar. (A), restating provisions of par. (2), adding subpar. (1)(B), and striking out former concluding provisions which read as follows: "The provisions of this subsection shall apply only with respect to amounts received or accrued pursuant to loans made after May 27, 1976. For purposes of the preceding sentence, a loan is considered to be made before May 28, 1976, if such loan is made pursuant to a binding commitment entered into before May 28, 1976."Subsec. (h). Pub. L. 99-514, §661(a)(2), added subsec. (h). Subsec. (i). Pub. L. 99-514, §662(a), added subsec. (i).Subsec. (j). Pub. L. 99-514, §662(c), added subsec. (j).1984-Subsec. (c)(4)(A). Pub. L. 98-369 substituted "6 months" for "1 year", applicable to property acquired after June 22, 1984, and before Jan. 1, 1988. See Effective Date of 1984 Amendment note below.1978-Subsec. (c)(2)(H). Pub. L. 95-600, §363(a)(1), added subpar. (H).Subsec. (c)(3)(D). Pub. L. 95-600, §701(t)(2), inserted "(other than gain from prohibited transactions)" after "on, and gain".Subsec. (c)(3)(H). Pub. L. 95-600, §363(a)(2), added subpar. (H).Subsec. (c)(4)(B). Pub. L. 95-600, §363(a)(3), substituted "property in a transaction which is a prohibited transaction" for "section 1221(1) property (other than foreclosure property)".Subsec. (e)(3). Pub. L. 95-600, §363(c), substituted "the Secretary may grant one or more extensions of the grace period for such property" for "the Secretary may extend the grace period for such property" and "shall not extend the grace period beyond the date which is 6 years after the date such trust acquired such property" for "shall be for a period of not more than one year, and not more than two extensions shall be granted with respect to any property". 1976-Subsec. (a). Pub. L. 94-455, §§1603(a), 1604(f)(1), (2), in introductory provisions substituted "this title" for "this subtitle" and "a corporation, trust, or association" for "an unincorporated trust or an unincorporated association", in par. (1) inserted "or directors" after "trustees", and in par. (4) substituted reference to which is neither (A) a financial institution to which section 585, 586, or 593 applies, nor (B) an insurance company to which subchapter L applies for reference to which does not hold any property primarily for sale to customers in the ordinary course of its trade or business.Subsec. (c). Pub. L. 94-455, §1604(f)(3)(A), in introductory provision substituted "A corporation, trust, or association" for "A trust or association".Subsec. (c)(1). Pub. L. 94-455, §§1604(k)(2)(A), 1901(a)(111)(A), struck out reference to which began after Dec. 31, 1960 and inserted reference to such election has not been terminated or revoked under subsec. (g). Subsec. (c)(2). Pub. L. 94-455, §§1603(c)(2), 1604(a), (c)(1), in introductory provision substituted "95 percent (90 percent for taxable years beginning before January 1, 1980) of its gross income (excluding gross income from prohibited transactions)" for "90 percent of its gross income", in subpar. (D) inserted reference to which is not property not described in section 1221(1), and added subpar. (G).Subsec. (c)(3). Pub. L. 94-455, §§1603(c)(1), (3), 1604(c)(1), in introductory provision inserted "(excluding gross income from prohibited transactions) 75 percent of its gross income", in subpar. (C) inserted reference to which is not property described in section 1221(1), and added subpar. (G).Subsec. (c)(4). Pub. L. 94-455, §1402(b)(2), provided that "9 months" would be changed to "1 year".Pub. L. 94-455, §§1402(b)(1)(O), 1604(d), in subpar. (A) provided that "6 months" would be changed to "9 months" for taxable years beginning in 1977, added subpar. (B), and redesignated former subpar. (B) as (C), and in subpar. (C) as so redesignated, substituted "(including interest in real property and interest in mortgages on real property" for "(including interest in real property)" and inserted reference to property which is foreclosure property within the definition of section 856(e). Subsec. (c)(6)(C). Pub. L. 94-455, §1604(e), inserted reference to options to acquire land or improvements thereon, and options to acquire leaseholds of land or improvements thereon.Subsec. (c)(6)(D). Pub. L. 94-455, §1901(a)(111)(B), inserted "(15 U.S.C. 80a-1 and following)" after ", as amended".Subsec. (c)(7). Pub. L. 94-455, §1602(a), added par. (7).Subsec. (d). Pub. L. 94-455, §1604(b), among other changes, inserted provisions including in definition of rents from real property charges for services customarily furnished or rendered in connection with rental of real property and rent attributable to personal property which is leased under, or in connection with, a lease of real property, provisions relating to the computation of the amount of rent attributable to personal property, and provisions relating to the special rule for certain contingent rents. Subsec. (e)(1). Pub. L. 94-455, §1603(c)(4), inserted provision relating to the exclusion, from definition of foreclosure property, of property acquired by the real estate investment trust or other disposition of property of the trust described in section 1221(1) of this title. Subsec. (e)(3), (5). Pub. L. 94-455, §1906(b)(13)(A), struck out "or his delegate" after "Secretary" each time appearing. Subsec. (f). Pub. L. 94-455, §1604(g), added subsec. (f).Subsec. (g). Pub. L. 94-455, §1604(k)(1), added subsec. (g). 1975-Subsec. (a)(4). Pub. L. 93-625, §6(b), inserted "(other than foreclosure property, as defined in subsection (e))" after "property".Subsec. (c)(2)(F), (3)(F). Pub. L. 93-625, §6(d)(1), added subpar. (F) to pars. (2) and (3). Subsec. (e). Pub. L. 93-625, §6(a), added subsec. (e). 1964-Subsec. (a)(6). Pub. L. 88-272 substituted "adjusted ordinary gross income (as defined in section 543(b)(2))" for "gross income".Subsec. (d). Pub. L. 88-554 inserted reference to subparagraph (C) of section 318(a)(3) of this title.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT Amendment by section 101(n) of Pub. L. 115-141 effective as if included in the provision of the Protecting Americans from Tax Hikes Act of 2015, div. Q of Pub. L. 114-113, to which such amendment relates, see section 101(s) of Pub. L. 115-141, set out as a note under section 24 of this title.
EFFECTIVE DATE OF 2015 AMENDMENT Amendment by section 311(b) of Pub. L. 114-113 applicable to distributions on or after December 7, 2015, except distributions pursuant to transactions described in ruling requests pending before the Internal Revenue Service as of such date, see section 311(c) of Pub. L. 114-113, set out as a note under section 355 of this title. Pub. L. 114-113, div. Q, title III, §312(b), Dec. 18, 2015, 129 Stat. 3091, provided that: "The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 2017." Pub. L. 114-113, div. Q, title III, §317(c), Dec. 18, 2015, 129 Stat. 3094, provided that: "The amendments made by this section [amending this section] shall apply to taxable years beginning after December 31, 2015." Pub. L. 114-113, div. Q, title III, §318(b), Dec. 18, 2015, 129 Stat. 3095, provided that: "The amendments made by this section [amending this section] shall apply to taxable years beginning after December 31, 2015." Pub. L. 114-113, div. Q, title III, §319(c), Dec. 18, 2015, 129 Stat. 3096, provided that: "The amendments made by this section [amending this section] shall apply to taxable years beginning after December 31, 2015." Pub. L. 114-113, div. Q, title III, §321(c), Dec. 18, 2015, 129 Stat. 3098, provided that: "The amendments made by this section [amending this section and section 857 of this title] shall apply to taxable years beginning after December 31, 2015."
EFFECTIVE DATES OF 2008 AMENDMENT Pub. L. 110-289, div. C, title II, §3071, July 30, 2008, 122 Stat. 2902, provided that:"(a) IN GENERAL.-Except as otherwise provided in this section, the amendments made by this title [amending this section and section 857 of this title] shall apply to taxable years beginning after the date of the enactment of this Act [July 30, 2008]."(b) REIT INCOME TESTS.-"(1) The amendments made by section 3031(a) and (c) [amending this section] shall apply to gains and items of income recognized after the date of the enactment of this Act [July 30, 2008]."(2) The amendment made by section 3031(b) [amending this section] shall apply to transactions entered into after the date of the enactment of this Act [July 30, 2008]."(c) CONFORMING FOREIGN CURRENCY REVISIONS.-"(1) The amendment made by section 3033(a) [amending section 857 of this title] shall apply to gains recognized after the date of the enactment of this Act [July 30, 2008]."(2) The amendment made by section 3033(b) [amending section 857 of this title] shall apply to gains and deductions recognized after the date of the enactment of this Act [July 30, 2008]."(d) DEALER SALES.-The amendments made by subtitle C [subtitle C (§§3051, 3052) of title II of div. C of Pub. L. 110-289, amending section 857 of this title] shall apply to sales made after the date of the enactment of this Act [July 30, 2008]."Amendment of this section and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234, except as otherwise provided, see section 4 of Pub. L. 110-246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.Pub. L. 110-234, title XV, §15312(c), May 22, 2008, 122 Stat. 1504, and Pub. L. 110-246, §4(a), title XV, §15312(c), June 18, 2008, 122 Stat. 1664, 2266, provided that: "The amendments made by subsection (a) [amending this section] shall apply to dispositions in taxable years beginning after the date of the enactment of this Act [June 18, 2008]."[Pub. L. 110-234 and Pub. L. 110-246 enacted identical provisions. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246, set out as a note under section 8701 of Title 7, Agriculture.]Pub. L. 110-234, title XV, §15313(c), May 22, 2008, 122 Stat. 1504, and Pub. L. 110-246, §4(a), title XV, §15313(c), June 18, 2008, 122 Stat. 1664, 2266, provided that: "The amendments by this section [amending this section] shall apply to taxable years beginning after the date of the enactment of this Act [June 18, 2008]."[Pub. L. 110-234 and Pub. L. 110-246 enacted identical provisions. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246, set out as a note under section 8701 of Title 7, Agriculture.]Pub. L. 110-234, title XV, §15314(b), May 22, 2008, 122 Stat. 1504, and Pub. L. 110-246, §4(a), title XV, §15314(b), June 18, 2008, 122 Stat. 1664, 2266, provided that: "The amendment made by this section [amending this section] shall apply to taxable years beginning after the date of the enactment of this Act [June 18, 2008]."[Pub. L. 110-234 and Pub. L. 110-246 enacted identical provisions. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246, set out as a note under section 8701 of Title 7, Agriculture.]
EFFECTIVE DATE OF 2007 AMENDMENT Amendment by section 9(b) of Pub. L. 110-172 effective as if included in the provision of the Tax Relief Extension Act of 1999, Pub. L. 106-170, to which such amendment relates, see section 9(c) of Pub. L. 110-172, set out as a note under section 45 of this title.
EFFECTIVE DATE OF 2005 AMENDMENT Amendments by section 403(d)(1), (2) of Pub. L. 109-135 effective as if included in the provisions of the American Jobs Creation Act of 2004, Pub. L. 108-357, to which they relate, see section 403(nn) of Pub. L. 109-135, set out as a note under section 26 of this title.
EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-357, §243(g), Oct. 22, 2004, 118 Stat. 1445, as amended by Pub. L. 109-135, §403(d)(4), Dec. 21, 2005, 119 Stat. 2622, provided that:"(1) SUBSECTIONS (a) AND (b).-The amendments made by subsections (a) and (b) [amending this section] shall apply to taxable years beginning after December 31, 2000. "(2) SUBSECTIONS (c) AND (e).-The amendments made by subsections (c) and (e) [amending section 857 of this title] shall apply to taxable years beginning after the date of the enactment of this Act [Oct. 22, 2004]."(3) SUBSECTION (d).-The amendment made by subsection (d) [amending this section] shall apply to transactions entered into after December 31, 2004."(4) SUBSECTION (f).- "(A) The amendment made by paragraph (1) of subsection (f) [amending this section] shall apply to failures with respect to which the requirements of subparagraph (A) or (B) of section 856(c)(7) of the Internal Revenue Code of 1986 (as added by such paragraph) are satisfied after the date of the enactment of this Act [Oct. 22, 2004]."(B) The amendment made by paragraph (2) of subsection (f) [amending this section] shall apply to failures with respect to which the requirements of paragraph (6) of section 856(c) of the Internal Revenue Code of 1986 (as amended by such paragraph) are satisfied after the date of the enactment of this Act."(C) The amendments made by paragraph (3) of subsection (f) [amending this section] shall apply to failures with respect to which the requirements of paragraph (5) of section 856(g) of the Internal Revenue Code of 1986 (as added by such paragraph) are satisfied after the date of the enactment of this Act. "(D) The amendment made by paragraph (4) of subsection (f) [amending section 857 of this title] shall apply to taxable years ending after the date of the enactment of this Act."(E) The amendments made by paragraph (5) of subsection (f) [amending section 860 of this title] shall apply to statements filed after the date of the enactment of this Act."Amendment by section 835(b)(4) of Pub. L. 108-357 effective Jan. 1, 2005, with exception for any FASIT in existence on Oct. 22, 2004, to the extent that regular interests issued by the FASIT before such date continue to remain outstanding in accordance with the original terms of issuance, see section 835(c) of Pub. L. 108-357, set out as a note under section 56 of this title.
EFFECTIVE DATE OF 1999 AMENDMENT Amendment by section 532(c)(2)(H)-(K) of Pub. L. 106-170 applicable to any instrument held, acquired, or entered into, any transaction entered into, and supplies held or acquired on or after Dec. 17, 1999, see section 532(d) of Pub. L. 106-170, set out as a note under section 170 of this title. Pub. L. 106-170, §542(b)(3)(A) (ii), Dec. 17, 1999, 113 Stat. 1943, provided that: "The amendment made by this subparagraph [amending this section] shall apply to taxable years beginning after December 31, 2000." Pub. L. 106-170, §542(b)(3)(B) (ii), Dec. 17, 1999, 113 Stat. 1943, provided that: "The amendment made by this subparagraph [amending this section] shall apply to amounts received or accrued in taxable years beginning after December 31, 2000, except for amounts paid pursuant to leases in effect on July 12, 1999, or pursuant to a binding contract in effect on such date and at all times thereafter." Pub. L. 106-170, §546, Dec. 17, 1999, 113 Stat. 1946, provided that:"(a) IN GENERAL.-The amendments made by this subpart [subpart A (§§541-547) of part II of subtitle C of title V of Pub. L. 106-170, amending this section and sections 163 and 857 of this title] shall apply to taxable years beginning after December 31, 2000. "(b) TRANSITIONAL RULES RELATED TO SECTION 541.- "(1) EXISTING ARRANGEMENTS.-"(A) IN GENERAL.-Except as otherwise provided in this paragraph, the amendment made by section 541 [amending this section] shall not apply to a real estate investment trust with respect to-"(i) securities of a corporation held directly or indirectly by such trust on July 12, 1999;"(ii) securities of a corporation held by an entity on July 12, 1999, if such trust acquires control of such entity pursuant to a written binding contract in effect on such date and at all times thereafter before such acquisition; "(iii) securities received by such trust (or a successor) in exchange for, or with respect to, securities described in clause (i) or (ii) in a transaction in which gain or loss is not recognized; and "(iv) securities acquired directly or indirectly by such trust as part of a reorganization (as defined in section 368(a)(1) of the Internal Revenue Code of 1986) with respect to such trust if such securities are described in clause (i), (ii), or (iii) with respect to any other real estate investment trust."(B) NEW TRADE OR BUSINESS OR SUBSTANTIAL NEW ASSETS.-Subparagraph (A) shall cease to apply to securities of a corporation as of the first day after July 12, 1999, on which such corporation engages in a substantial new line of business, or acquires any substantial asset, other than-"(i) pursuant to a binding contract in effect on such date and at all times thereafter before the acquisition of such asset;"(ii) in a transaction in which gain or loss is not recognized by reason of section 1031 or 1033 of the Internal Revenue Code of 1986; or"(iii) in a reorganization (as so defined) with another corporation the securities of which are described in paragraph (1)(A) of this subsection."(C) LIMITATION ON TRANSITION RULES.-Subparagraph (A) shall cease to apply to securities of a corporation held, acquired, or received, directly or indirectly, by a real estate investment trust as of the first day after July 12, 1999, on which such trust acquires any additional securities of such corporation other than- "(i) pursuant to a binding contract in effect on July 12, 1999, and at all times thereafter; or"(ii) in a reorganization (as so defined) with another corporation the securities of which are described in paragraph (1)(A) of this subsection."(2) TAX-FREE CONVERSION.-If-"(A) at the time of an election for a corporation to become a taxable REIT subsidiary, the amendment made by section 541 does not apply to such corporation by reason of paragraph (1); and"(B) such election first takes effect before January 1, 2004,such election shall be treated as a reorganization qualifying under section 368(a)(1)(A) of such Code." Pub. L. 106-170, §551(b), Dec. 17, 1999, 113 Stat. 1949, provided that: "The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 2000." Pub. L. 106-170, §561(b), Dec. 17, 1999, 113 Stat. 1950, provided that: "The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 2000."
EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-34 applicable to taxable years beginning after Aug. 5, 1997, see section 1263 of Pub. L. 105-34, set out as a note under section 852 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 1621(b)(5) of Pub. L. 104-188 effective Sept. 1, 1997, see section 1621(d) of Pub. L. 104-188, set out as a note under section 26 of this title.
EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103-66, §13149(b), Aug. 10, 1993, 107 Stat. 446, provided that: "The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 1993."
EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100-647, title I, §1006(p)(2), Nov. 10, 1988, 102 Stat. 3416, provided that: "Notwithstanding section 669 of the Reform Act [Pub. L. 99-514, set out below], the amendment made by section 662(c) of the Reform Act [amending this section] shall apply to taxable years beginning after December 31, 1986, but only in the case of obligations acquired after October 22, 1986."Pub. L. 100-647, title I, §1006(p)(4)(B), Nov. 10, 1988, 102 Stat. 3417, provided that: "The amendment made by subparagraph (A) [amending this section] shall apply to taxable years ending after the date of the enactment of this Act [Nov. 10, 1988]."Amendment by section 1006(p)(1), (3), (5), (q), (t)(11) 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.
EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99-514, title VI, §669, Oct. 22, 1986, 100 Stat. 2308, as amended by Pub. L. 100-647, title I, §1018(u)(29), Nov. 10, 1988, 102 Stat. 3591, provided that:"(a) GENERAL RULE.-Except as otherwise provided in this section, the amendments made by this subtitle [subtitle G (§§661-668) of title VI of Pub. L. 99-514, amending this section and sections 857 to 860, 4981, and 6697 of this title] shall apply to taxable years beginning after December 31, 1986."(b) SECTION 668.-The amendments made by section 668 [amending sections 857, 858, and 4981 of this title] shall apply to calendar years beginning after December 31, 1986."(c) RETENTION OF EXISTING TRANSITIONAL RULE.-The amendment made by section 663(b)(2) [amending this section] shall not apply with respect to amounts received or accrued pursuant to loans made before May 28, 1976. For purposes of the preceding sentence, a loan is considered to be made before May 28, 1976, if such loan is made pursuant to a binding commitment entered into before May 28, 1976."Amendment by section 671(b)(1) of Pub. L. 99-514 effective Jan. 1, 1987, see section 675(a) of Pub. L. 99-514, as amended, set out as an Effective Date note under section 860A of this title.Amendment by section 901(d)(4)(E) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, see section 901(e) of Pub. L. 99-514, set out as a note under section 166 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-369 applicable to property acquired after June 22, 1984, and before Jan. 1, 1988, see section 1001(e) of Pub. L. 98-369, set out as a note under section 166 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95-600, title II, §363(d), Nov. 6, 1978, 92 Stat. 2854, provided that: "The amendments made by subsections (a) [amending this section] and (b) [amending section 857 of this title] shall apply to taxable years ending after the date of the enactment of this Act [Nov. 6, 1978]. The amendment made by subsection (c) [amending this section] shall apply to extensions granted after the date of the enactment of this Act with respect to periods beginning after December 31, 1977."Amendment by section 701(t)(2) of Pub. L. 95-600 effective Oct. 4, 1976, see section 701(t)(5) of Pub. L. 95-600, set out as a note under section 859 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94-455, title XIV, §1402(b)(1), Oct. 4, 1976, 90 Stat. 1731, provided that the amendment made by that section is effective with respect to taxable years beginning in 1977.Pub. L. 94-455, title XIV, §1402(b)(2), Oct. 4, 1976, 90 Stat. 1732, provided that the amendment made by that section is effective with respect to taxable years beginning after Dec. 31, 1977.Pub. L. 94-455, title XVI, §1608(d), Oct. 4, 1976, 90 Stat. 1758, as amended by Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that:"(1) Except as provided in paragraphs (2) and (3), the amendments made by sections 1603, 1604, and 1605 [enacting sections 860 and 4981 of this title and amending this section and sections 275, 857, 858, 6161, 6211 to 6214, 6344, 6512, 6601, and 7422 of this title] shall apply to taxable years of real estate investment trusts beginning after the date of the enactment of this Act [Oct. 4, 1976]."(2) If, as a result of a determination (as defined in section 859(c) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]), occurring after the date of enactment of this Act [Oct. 4, 1976], with respect to the real estate investment trust, such trust does not meet the requirement of section 856(a)(4) of the Internal Revenue Code of 1986 (as in effect before the amendment of such section by this Act) for any taxable year beginning on or before the date of the enactment of this Act, such trust may elect, within 60 days after such determination in the manner provided in regulations prescribed by the Secretary of the Treasury or his delegate, to have the provisions of section 1603 (other than paragraphs (1), (2), (3), and (4) of section 1603(c)) apply with respect to such taxable year. Where the provisions of section 1603 apply to a real estate investment trust with respect to any taxable year beginning on or before the date of the enactment of this Act- "(A) credit or refund of any overpayment of tax which results from the application of section 1603 to such taxable year shall be made as if on the date of the determination (as defined in section 859(c) of the Internal Revenue Code of 1986) 2 years remained before the expiration of the period of limitation prescribed by section 6511 of such Code on the filing of claim for refund for the taxable year to which the overpayment relates, "(B) the running of the statute of limitations provided in section 6501 of such Code on the making of assessments, and the bringing of distraint or a proceeding in court for collection, in respect of any deficiency (as defined in section 6211 of such Code) established by such a determination, and all interest, additions to tax, additional amounts, or assessable penalties in respect thereof, shall be suspended for a period of 2 years after the date of such determination, and"(C) the collection of any deficiency (as defined in section 6211 of such Code) established by such determination and all interest, additions to tax, additional amounts, and assessable penalties in respect thereof shall, except in cases of jeopardy, be stayed until the expiration of 60 days after the date of such determination. No distraint or proceeding in court shall be begun for the collection of an amount the collection of which is stayed under subparagraph (C) during the period for which the collection of such amount is stayed. "(3) Section 856(g)(3) of the Internal Revenue Code of 1986, as added by section 1604 of this Act, shall not apply with respect to a termination of an election, filed by a taxpayer under section 856(c)(1) of such Code on or before the date of the enactment of this Act [Oct. 4, 1976], unless the provisions of part II of subchapter M of chapter 1 of subtitle A of such Code apply to such taxpayer for a taxable year ending after the date of the enactment of this Act for which such election is in effect."
EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 93-625, §6(e), Jan. 3, 1975, 88 Stat. 2114, as amended by Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that: "The amendments made by this section [amending this section and section 857 of this title] apply to foreclosure property acquired after December 31, 1973. Notwithstanding the provisions of section 856(e)(5) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as added by subsection (a) of this section) any taxpayer required to make an election with respect to foreclosure property sooner than 90 days after the date of enactment of this Act [Jan. 3, 1975], may make that election at any time before the 91st day after the date of enactment of this Act."
EFFECTIVE DATE OF 1964 AMENDMENTS Amendment by Pub. L. 88-554 effective Aug. 31, 1964, except that for purposes of sections 302 and 304 of this title, such amendments shall not apply to distributions in payment for stock acquisitions or redemptions, if such acquisitions or redemptions occurred before Aug. 31, 1964, see section 4(c) of Pub. L. 88-554, set out as a note under section 318 of this title. Amendment by Pub. L. 88-272 applicable to taxable years beginning after Dec. 31, 1963, see section 225(l) of Pub. L. 88-272, set out as a note under section 316 of this title.
EFFECTIVE DATEPub. L. 86-779, §10(k), Sept. 14, 1960, 74 Stat. 1009, provided that: "The amendments made by this section [enacting this section and sections 857 and 858 and amending sections 11, 34, 116, 243, 318, 443, 852, 855, and 1504 of this title] shall apply with respect to taxable years of real estate investment trusts beginning after December 31, 1960."
SAVINGS PROVISIONFor provisions that nothing in amendment by section 401(b)(28) of Pub. L. 115-141 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Mar. 23, 2018, for purposes of determining liability for tax for periods ending after Mar. 23, 2018, see section 401(e) of Pub. L. 115-141, set out as a note under section 23 of this title.
STUDY RELATING TO TAXABLE REIT SUBSIDIARIES Pub. L. 106-170, §547, Dec. 17, 1999, 113 Stat. 1947, provided that: "The Secretary of the Treasury shall conduct a study to determine how many taxable REIT subsidiaries are in existence and the aggregate amount of taxes paid by such subsidiaries. The Secretary shall submit a report to the Congress describing the results of such study."
TRUST NOT DISQUALIFIED IN CERTAIN CASES WHERE INCOME TESTS NOT METPub. L. 94-455, title XVI, §1608(b), Oct. 4, 1976, 90 Stat. 1757, as amended by Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that: "The amendment made by section 1602 [amending this section and section 857 of this title] shall apply to taxable years of real estate investment trusts beginning after the date of the enactment of this Act [Oct. 4, 1976]. In addition, the amendments made by section 1602 shall apply to a taxable year of a real estate investment trust beginning before the date of the enactment of this Act if, as the result of a determination (as defined in section 859(c) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]) with respect to such trust occurring after the date of the enactment of this Act, such trust for such taxable years does not meet the requirements of section 856(c)(2) or section 856(c)(3), or of both such sections, of such Code as in effect for such taxable year. In any case, the amendment made by section 1602(a) requiring a schedule to be attached to the income tax return of certain real estate investment trusts shall apply only to taxable years of such trusts beginning after the date of the enactment of this Act. If the amendments made by section 1602 apply to a taxable year ending on or before the date of enactment of this Act, the reference to paragraph (2)(B) in section 857(b)(5) of such Code, as amended, shall be considered to be a reference to paragraph (2)(C) of section 857(b) of such Code, as in effect immediately before the enactment of this Act."
- 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.
- stock
- The term "stock" includes shares in an association, joint-stock company, or insurance company.
- taxable year
- The term "taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which the taxable income is computed under subtitle A. "Taxable year" means, in the case of a return made for a fractional part of a year under the provisions of subtitle A or under regulations prescribed by the Secretary, the period for which such return is made.
- taxpayer
- The term "taxpayer" means any person subject to any internal revenue tax.
- trade or business
- The term "trade or business" includes the performance of the functions of a public office.
- transaction
- The term "transaction" includes a series of transactions.