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26 U.S.C. § 597Treatment of transactions in which Federal financial assistance provided

submitted 45 years ago by Pub. L. 97-34 to r/title-26-INTERNAL-REVENUE-CODE · 346 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section tells regulations how to treat Federal financial assistance given in transactions involving banks and domestic building and loan associations for tax purposes. It prevents receiving both tax benefits and reimbursement for the same amount.

(a) General rule. Regulations issued by the Secretary determine how this chapter treats a transaction in which a bank or domestic building and loan association receives Federal financial assistance. (b) Rules for the regulations. (1) For an acquisition of assets to which section 381(a) does not apply, the regulations must require the institution that transferred the assets to properly account for the Federal assistance and set the proper way to divide tax basis among the acquired assets, including rights to receive assistance. (2) For other transactions, the regulations must properly treat the assistance and make appropriate adjustments to basis or other tax attributes. (3) The regulations may not allow a deduction or other tax benefit for an amount effectively reimbursed by nontaxable Federal assistance. (c) “Federal financial assistance” means money or other property provided to a domestic building and loan association by the Federal Savings and Loan Insurance Corporation or Resolution Trust Corporation under the National Housing Act or similar law, or provided to a bank or domestic building and loan association by the Federal Deposit Insurance Corporation under the Federal Deposit Insurance Act or similar law, whether or not a note or other instrument is exchanged. (d) “Domestic building and loan association” has the meaning in section 7701(a)(19), without subparagraph (C).
the actual law source: uscode.house.gov ↗public domain
(a) General rule

The treatment for purposes of this chapter of any transaction in which Federal financial assistance is provided with respect to a bank or domestic building and loan association shall be determined under regulations prescribed by the Secretary.

(b) Principles used in prescribing regulations
(1) Treatment of taxable asset acquisitions

In the case of any acquisition of assets to which section 381(a) does not apply, the regulations prescribed under subsection (a) shall—

(A)

provide that Federal financial assistance shall be properly taken into account by the institution from which the assets were acquired, and

(B)

provide the proper method of allocating basis among the assets so acquired (including rights to receive Federal financial assistance).

(2) Other transactions

In the case of any transaction not described in paragraph (1), the regulations prescribed under subsection (a) shall provide for the proper treatment of Federal financial assistance and appropriate adjustments to basis or other tax attributes in connection with such assistance.

(3) Denial of double benefit

No regulations prescribed under this section shall permit the utilization of any deduction (or other tax benefit) if such amount was in effect reimbursed by nontaxable Federal financial assistance.

(c) Federal financial assistance

For purposes of this section, the term “Federal financial assistance” means—

(1)

any money or other property provided with respect to a domestic building and loan association by the Federal Savings and Loan Insurance Corporation or the Resolution Trust Corporation pursuant to section 406(f) of the National Housing Act (or under any other similar provision of law), and

(2)

any money or other property provided with respect to a bank or domestic building and loan association by the Federal Deposit Insurance Corporation pursuant to section 11(f) or 13(c) of the Federal Deposit Insurance Act (or under any other similar provision of law),

regardless of whether any note or other instrument is issued in exchange therefor.

(d) Domestic building and loan association

For purposes of this section, the term “domestic building and loan association” has the meaning given such term by section 7701(a)(19) without regard to subparagraph (C) thereof.

Source credit: (Added Pub. L. 97–34, title II, § 244(a), Aug. 13, 1981, 95 Stat. 255; amended Pub. L. 99–514, title IX, § 904(b)(1), Oct. 22, 1986, 100 Stat. 2385; Pub. L. 100–647, title IV, § 4012(b)(2)(A)–(D)(i), (c)(1), Nov. 10, 1988, 102 Stat. 3657, 3658; Pub. L. 101–73, title XIV, § 1401(a)(3)(A), (b)(1), Aug. 9, 1989, 103 Stat. 548, 549; Pub. L. 101–239, title VII, § 7841(e)(1), Dec. 19, 1989, 103 Stat. 2429; Pub. L. 101–508, title XI, § 11704(a)(7), Nov. 5, 1990, 104 Stat. 1388–518; Pub. L. 115–141, div. U, title IV, § 401(b)(25), Mar. 23, 2018, 132 Stat. 1203.)

history & why it existsrecord from the source credit
  • 1981Enacted · Pub. L. 97-34 · 95 Stat. 255
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2385
  • 1988Amended · Pub. L. 100-647 · 102 Stat. 3657, 3658
  • 1989Amended · Pub. L. 101-73 · 103 Stat. 548, 549
  • 1989Amended · Pub. L. 101-239 · 103 Stat. 2429
  • 1990Amended · Pub. L. 101-508 · 104 Stat. 1388
  • 2018Amended · Pub. L. 115-141 · 132 Stat. 1203

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-34 on 1981-08-13.

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