26 U.S.C. § 145 | Qualified 501(c)(3) bond

(a)

In general

For purposes of this part, except as otherwise provided in this section, the term “qualified 501(c)(3) bond” means any private activity bond issued as part of an issue if—

(1)

all property which is to be provided by the net proceeds of the issue is to be owned by a 501(c)(3) organization or a governmental unit, and

(2)

such bond would not be a private activity bond if—

(A)

501(c)(3) organizations were treated as governmental units with respect to their activities which do not constitute unrelated trades or businesses, determined by applying section 513(a), and

(B)

paragraphs (1) and (2) of section 141(b) were applied by substituting “5 percent” for “10 percent” each place it appears and by substituting “net proceeds” for “proceeds” each place it appears.

(b)

$150,000,000 limitation on bonds other than hospital bonds

(1)

In general

A bond (other than a qualified hospital bond) shall not be treated as a qualified 501(c)(3) bond if the aggregate authorized face amount of the issue (of which such bond is a part) allocated to any 501(c)(3) organization which is a test-period beneficiary (when increased by the outstanding tax-exempt nonhospital bonds of such organization) exceeds $150,000,000.

(2)

Outstanding tax-exempt nonhospital bonds

(A)

In general

For purposes of applying paragraph (1) with respect to any issue, the outstanding tax-exempt nonhospital bonds of any organization which is a test-period beneficiary with respect to such issue is the aggregate amount of tax-exempt bonds referred to in subparagraph (B)—

(i)

which are allocated to such organization, and

(ii)

which are outstanding at the time of such later issue (not including as outstanding any bond which is to be redeemed (other than in an advance refunding) from the net proceeds of the later issue).

(B)

Bonds taken into account

For purposes of subparagraph (A), the bonds referred to in this subparagraph are—

(i)

any qualified 501(c)(3) bond other than a qualified hospital bond, and

(ii)

any bond to which section 141(a) does not apply if—

(I)

such bond would have been an industrial development bond (as defined in section 103(b)(2), as in effect on the day before the date of the enactment of the Tax Reform Act of 1986) if 501(c)(3) organizations were not exempt persons, and

(II)

such bond was not described in paragraph (4), (5), or (6) of such section 103(b) (as in effect on the date such bond was issued).

(C)

Only nonhospital portion of bonds taken into account

(i)

In general

A bond shall be taken into account under subparagraph (B) only to the extent that the proceeds of the issue of which such bond is a part are not used with respect to a hospital.

(ii)

Special rule

If 90 percent or more of the net proceeds of an issue are used with respect to a hospital, no bond which is part of such issue shall be taken into account under subparagraph (B)(ii).

(3)

Aggregation rule

For purposes of this subsection, 2 or more organizations under common management or control shall be treated as 1 organization.

(4)

Allocation of face amount of issue; test-period beneficiary

Rules similar to the rules of subparagraphs (C), (D), and (E) of section 144(a)(10) shall apply for purposes of this subsection.

(5)

Termination of limitation

This subsection shall not apply with respect to bonds issued after the date of the enactment of this paragraph as part of an issue 95 percent or more of the net proceeds of which are to be used to finance capital expenditures incurred after such date.

(c)

Qualified hospital bond

For purposes of this section, the term “qualified hospital bond” means any bond issued as part of an issue 95 percent or more of the net proceeds of which are to be used with respect to a hospital.

(d)

Restrictions on bonds used to provide residential rental housing for family units

(1)

In general

Except as otherwise provided in this subsection, a bond which is part of an issue shall not be a qualified 501(c)(3) bond if any portion of the net proceeds of the issue are to be used directly or indirectly to provide residential rental property for family units.

(2)

Exception for bonds used to provide qualified residential rental projects

Paragraph (1) shall not apply to any bond issued as part of an issue if the portion of such issue which is to be used as described in paragraph (1) is to be used to provide—

(A)

a residential rental property for family units if the first use of such property is pursuant to such issue,

(B)

qualified residential rental projects (as defined in section 142(d)), or

(C)

property which is to be substantially rehabilitated in a rehabilitation beginning within the 2-year period ending 1 year after the date of the acquisition of such property.

(3)

Certain property treated as new property

Solely for purposes of determining under paragraph (2)(A) whether the 1st use of property is pursuant to tax-exempt financing—

(A)

In general

If—

(i)

the 1st use of property is pursuant to taxable financing,

(ii)

there was a reasonable expectation (at the time such taxable financing was provided) that such financing would be replaced by tax-exempt financing, and

(iii)

the taxable financing is in fact so replaced within a reasonable period after the taxable financing was provided,

then the 1st use of such property shall be treated as being pursuant to the tax-exempt financing.

(B)

Special rule where no operating State or local program for tax-exempt financing

If, at the time of the 1st use of property, there was no operating State or local program for tax-exempt financing of the property, the 1st use of the property shall be treated as pursuant to the 1st tax-exempt financing of the property.

(C)

Definitions

For purposes of this paragraph—

(i)

Tax-exempt financing

The term “tax-exempt financing” means financing provided by tax-exempt bonds.

(ii)

Taxable financing

The term “taxable financing” means financing which is not tax-exempt financing.

(4)

Substantial rehabilitation

(A)

In general

Except as provided in subparagraph (B), rules similar to the rules of section 47(c)(1)(B) shall apply in determining for purposes of paragraph (2)(C) whether property is substantially rehabilitated.

(B)

Exception

For purposes of subparagraph (A), clause (ii) of section 47(c)(1)(B) shall not apply, but the Secretary may extend the 24-month period in section 47(c)(1)(B)(i) where appropriate due to circumstances not within the control of the owner.

(e)

Election out

This section shall not apply to an issue if—

(1)

the issuer elects not to have this section apply to such issue, and

(2)

such issue is an issue of exempt facility bonds, or qualified redevelopment bonds, to which section 146 applies.

Pub. L. 99–514, title XIII, § 1301(b)Oct. 22, 1986100 Stat. 2629 Pub. L. 100–647, title I, § 1013(a)(6)Nov. 10, 1988102 Stat. 3538 Pub. L. 101–239, title VII, § 7815(f)Dec. 19, 1989103 Stat. 2419 Pub. L. 101–508, title XI, § 11813(b)(7)Nov. 5, 1990104 Stat. 1388–551 Pub. L. 105–34, title II, § 222Aug. 5, 1997111 Stat. 818 Pub. L. 115–97, title I, § 13402(b)(2)Dec. 22, 2017131 Stat. 2134(Added , , ; amended –(8), title V, § 5053(a), , , 3677; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 99–514Oct. 22, 1986The date of the enactment of the Tax Reform Act of 1986, referred to in subsec. (b)(2)(B)(ii)(I), is the date of enactment of , which was approved .

Pub. L. 105–34Aug. 5, 1997The date of the enactment of this paragraph, referred to in subsec. (b)(5), is the date of enactment of , which was approved .

Prior Provisions

act Aug. 16, 1954, ch. 736 68A Stat. 42 section 36 of this title Pub. L. 95–30, title I, § 101(d)(1)May 23, 197791 Stat. 133Dec. 31, 1976A prior section 145, , , made a cross reference to , prior to repeal by , , , applicable to taxable years beginning after .

Amendments

Pub. L. 115–972017—Subsec. (d)(4). substituted “of section 47(c)(1)(B)” for “of section 47(c)(1)(C)” in subpars. (A) and (B) and “section 47(c)(1)(B)(i)” for “section 47(c)(1)(C)(i)” in subpar. (B).

Pub. L. 105–341997—Subsec. (b)(5). added par. (5).

Pub. L. 101–5081990—Subsec. (d)(4). substituted “section 47(c)(1)(C)” for “section 48(g)(1)(C)” wherever appearing and “section 47(c)(1)(C)(i)” for “section 48(g)(1)(C)(i)”.

Pub. L. 101–2391989—Subsec. (d)(3), (4). added par. (3) and redesignated former par. (3) as (4).

Pub. L. 100–647, § 1013(a)(6)1988—Subsec. (b)(2)(B)(ii)(I). , substituted “section 103(b)(2)” for “section 103(b)”.

Pub. L. 100–647, § 1013(a)(7)Subsec. (b)(2)(C)(i). , substituted “subparagraph (B)” for “subparagraph (B)(ii)”.

Pub. L. 100–647, § 1013(a)(8)Subsec. (b)(4). , substituted “subparagraphs (C), (D), and (E)” for “subparagraphs (C) and (D)”.

Pub. L. 100–647, § 5053(a)Subsecs. (d), (e). , added subsec. (d) and redesignated former subsec. (d) as (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–97Dec. 31, 2017section 13402(c) of Pub. L. 115–97 section 47 of this titleAmendment by applicable to amounts paid or incurred after , see , set out as a note under .

Effective Date of 1990 Amendment

Pub. L. 101–508Dec. 31, 1990section 49(e) of this title section 46(d) of this title section 46(b)(2)(C) of this titleNov. 4, 1990section 11813(c) of Pub. L. 101–508 section 45K of this titleAmendment by applicable to property placed in service after , but not applicable to any transition property (as defined in ), any property with respect to which qualified progress expenditures were previously taken into account under , and any property described in , as such sections were in effect on , see , set out as a note under .

Effective Date of 1989 Amendment

Pub. L. 101–239 Pub. L. 100–647 section 7817 of Pub. L. 101–239 section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, , to which such amendment relates, see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–647 Pub. L. 99–514 section 1019(a) of Pub. L. 100–647 section 1 of this titleAmendment by section 1013(a)(6)–(8) of effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see , set out as a note under .

Pub. L. 100–647, title V, § 5053(c)Nov. 10, 1988102 Stat. 3678

“(1)

In general .—

section 148 of this titleOctober 21, 1988The amendments made by this section [amending this section and ] shall apply to obligations issued after .

“(2)

Exception for construction or binding agreement.—

“(A)

The amendments made by this section shall not apply to bonds (other than refunding bonds) with respect to a facility—

“(i)

(I)

July 14, 1988 the original use of which begins with the taxpayer, and the construction, reconstruction, or rehabilitation of which began before , and was completed on or after such date, or

“(II)

July 14, 1988 the original use of which begins with the taxpayer and with respect to which a binding contract to incur significant expenditures for construction, reconstruction, or rehabilitation was entered into before , and some of such expenditures are incurred on or after such date, and

“(ii)

July 14, 1988 described in an inducement resolution or other comparable preliminary approval adopted by an issuing authority (or by a voter referendum) before .

For purposes of the preceding sentence, the term ‘significant expenditures’ means expenditures greater than 10 percent of the reasonably anticipated cost of the construction, reconstruction, or rehabilitation of the facility involved.

“(B)

December 31, 1989January 1, 1990 Subparagraph (A) shall not apply to any bond issued after , and shall not apply unless it is reasonably expected (at the time of issuance of the bond) that the facility will be placed in service before .

“(3)

Refundings .—

July 15, 1988The amendments made by this section shall not apply to any bond issued to refund (or which is part of a series of bonds issued to refund) a bond issued before , if—

“(A)

the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue,

“(B)

the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and

“(C)

the proceeds of the refunding bond are used to redeem the refunded bond not later than 90 days after the date of the issuance of the refunding bond.

For purposes of subparagraph (A), average maturity shall be determined in accordance with section 147(b) of the 1986 Code.”

, , , provided that:

Savings Provision

Pub. L. 101–508Nov. 5, 1990Nov. 5, 1990section 11821(b) of Pub. L. 101–508 section 45K of this titleFor provisions that nothing in amendment by be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to , for purposes of determining liability for tax for periods ending after , see , set out as a note under .