Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/fed/irc6.asc

Text File | 1993-08-24 | 54KB | 992 lines

(E)  No recapture by reason of casualty loss. -- the increase in
tax under this subsection shall not apply to a reduction
in qualified basis by reason of a casualty loss to the extent
such loss is restored by reconstruction or replacement within a
reasonable period established by the Secretary.
(F)  No recapture where de minimis changes in floor space. -- The
Secretary may provide that the increase in tax under this
subsection shall not apply with respect to any building if --
(i)  such increase results form a de minimis change in the floor
space fraction under subsection (c)91), and
(ii)  the building is a qualified low-income building after such
change.
(5)  Certain partnerships treated as the taxpayer. --
(A)  In general. -- For purposes of applying this subsection to a
partnership to which this paragraph applies --
(i)  such partnership shall be treated as the taxpayer to which
the credit allowable under subsection (a) was allowed.
(ii)  the amount of such credit allowed shall be treated as the
amount which would have been allowed to the partnership were such
credit allowable to such partnership,
(iii)  paragraph (4)(A) shall not apply, and
(iv)  the amount of the increase in tax under this subsection for
any taxable year shall be allocated among the partners of such
partnership in the same manner as such partnership's taxable
income of such year is allocated among such partners.
(B)  Partnerships to which paragraph applies. -- This paragraph
shall apply to any partnership which has 35 or more partners
unless the partnership elects not to have this paragraph apply.
(C)  Special rules. --
(i)  Husband and wife treated as 1 partner. -- For purposes of
this subparagraph (B)(i), a husband and wife (and their estates)
shall be treated as 1 partner.
(ii)  Election irrevocable. -- Any election under subparagraph
(B), once made, shall be irrevocable.
(6)  No recapture on disposition of building (or interest
therein) where bond posted. -- In the case of a disposition of a
building or an interest therein, the taxpayer shall be discharged
form liability for nay additional tax under this subsection by
reason of such disposition if --
(A)  the taxpayer furnishes to the Secretary a bond in an amount
satisfactory to the Secretary and for the period required by the
Secretary, and
(B)  it is reasonably expected that such building will continue
to be operated as a qualified low-income building for the
remaining compliance period with respect to such building.
(k)  Application of at-risk rules. -- For purposes of this
section --
(1)  In general. -- Except as otherwise provided in this
subsection, rules similar to the rules of section 49(a)(1) (other
than subparagraphs (D)(ii)(II) and (D)(iv)(I) thereof), section
49(a)(2), and section 49(b)(1) shall apply in determining the
qualified basis of any building in the same manner as such
sections apply in determining the credit base of property.
(2)  Special rules for determining qualified person. -- For

purposes of paragraph (1) --
(A)  In general. -- If the requirements of subparagraphs (B),
(C), and (D) are met with respect to any financing borrowed form
a qualified nonprofit organization (as defined in subsection
(h)(5)), the determination of whether such financing is qualified
commercial financing with respect to any qualified low-income
building shall be made without regard to whether such
organization --
(i)  is actively and regularly engaged in the business if lending
money, or
(ii)  is a person described in section 49(a)(1)(D)(iv)(II).
(B)  Financing secured by property. -- The requirements of this
subparagraph are met with respect to any financing if such
financing is secured by the qualified low-income building, except
that this subparagraph shall not apply in the case of a federally
assisted building described in subsection (d)(6)(B) if --
(i)  a security interest in such building is not permitted by a
Federal agency holding or insuring the mortgage secured by such
building, and
(ii)  the proceeds form the financing (if any) are applied to
acquire or improve such building.
(C)  Portion of building attributable to financing. -- The
requirements of this subparagraph are met with respect to any
financing for any taxable year in the compliance period if, as of
the  close of such taxable year, not more than 60 percent of the
eligible basis of the qualified low-income building is
attributable to such financing (reduced by the principal and
interest of any governmental financing which is part of a wrap-
around mortgage involving such financing).
(D)  repayment of principal and interest. -- The requirements of
this subparagraph are met with respect to any financing if such
financing is fully repaid on or before the earliest of --
(i)  the date on which such financing matures,
(ii)  the 90th day after the close of the compliance period with
respect to the qualified low-income building, or
(iii)  the date of its refinancing or the sale of the building to
which such financing relates.
In the case of a qualified nonprofit organization which is not
described in section 49(a)(1)(D)(iv)(II) with respect to a
building, clause (ii) of this subparagraph shall be applied as if
the date described therein were the 90th day after the earlier of
the date the building ceases to be a qualified low-income
building or the date which is 15 years after the close of a
compliance period with respect thereto.
(3)  Present value of financing. -- If the rate of interest on
any financing described in paragraph (2)(A) is less than the rate
which is 1 percentage point below the applicable Federal rate as
of the time such financing is incurred, then the qualified basis
(to which such financing relates) of the qualified low-income
building shall be the present value of the amount of such
financing, using as the discount rate such applicable Federal
rate.  For purposes of the preceding sentence, the rate of
interest on any financing shall be determined by treating
interest to the extent of government subsidies as not payable.
(4)  Failure to fully repay. --
(A)  In general. -- To the extent that the requirements of
paragraph (2)(D) are not met, then the taxpayer's tax under this
chapter for the taxable year in which such failure occurs shall
be increased by an amount equal to the applicable portion of the
credit under this section with respect to such building,
increased by an amount of interest for the period --
(i)  beginning with the due date for the filing of the return of
tax imposed by chapter 1 for the 1st taxable year for which such
credit was allowable, and
(ii)  ending with the due date for the taxable year in which such
failure occurs,
determined by using the underpayment rate and method under
section 6621.
(B)  Applicable portion. -- For purposes of subparagraph (A), the
term "applicable portion" means the aggregate decrease in the
credits allowed to a taxpayer under section 38 for all prior
taxable years which would have resulted if the eligible basis of
the building were reduced by the amount of financing which does
not meet requirements of paragraph (2)(D).
(C)  Certain rules to apply. -- Rules similar to the rules of
subparagraphs (A) and (D) of subsection (j)(4) shall apply for
purposes of this subsection.
(l)  Certifications and other reports to Secretary. --
(1)  Certification with respect to 1st year of credit period. --
Following the close of the 1st taxable year in the credit period
with respect to any qualified low-income building, the taxpayer
shall certify to the Secretary (at such time and in such form and
in such manner as the Secretary prescribes) --
(A)  the taxable year, and calendar year, in which such building
was placed in service,
(B)  the adjusted basis and eligible basis of such building as of
the close of the 1st year of the credit period,
(C)  the maximum applicable percentage and qualified basis
permitted to be taken into accoun