26 U.S.C. § 453C
26 U.S.C. § 453C
Section, added Pub. L. 99-514, title VIII, §811(a), Oct. 22, 1986, 100 Stat. 2365; amended Pub. L. 100-647, title I, §1008(f)(1)-(5), Nov. 10, 1988, 102 Stat. 3441, 3442, related to treatment of certain indebtedness as payment on installment obligations.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF REPEALRepeal applicable to dispositions in taxable years beginning after Dec. 31, 1987, with special rules for dealers and non-dealers, and coordination with Tax Reform Act of 1986, see section 10202(e)(1)-(3), (5) of Pub. L. 100-203, set out as a note under section 453 of this title.
APPLICABILITY OF AMENDMENTS BY PUB. L. 100-203 AND PUB. L. 100-647Pub. L. 100-647, title I, §1008(f)(9), Nov. 10, 1988, 102 Stat. 3442, provided that: "For purposes of applying the amendments made by this subsection [amending this section and provisions set out below] and the amendments made by section 10202 of the Revenue Act of 1987 [Pub. L. 100-203, amending sections 56, 381, 453, 453A, and 691 of this title and repealing this section], the provisions of this subsection shall be treated as having been enacted immediately before the enactment of the Revenue Act of 1987 [Dec. 22, 1987]."
EFFECTIVE DATE; ALLOCATION OF INDEBTEDNESS AS PAYMENT ON INSTALLMENT OBLIGATIONPub. L. 99-514, title VIII, §811(c), Oct. 22, 1986, 100 Stat. 2368, as amended by Pub. L. 100-647, title I, §1008(f)(6)-(8), Nov. 10, 1988, 102 Stat. 3442; Pub. L. 105-34, §1088(a), Aug. 5, 1997, 111 Stat. 959, provided that: "(1) IN GENERAL.-Except as otherwise provided in this section, the amendments made by this section [enacting this section] shall apply to taxable years ending after December 31, 1986, with respect to dispositions after February 28, 1986."[(2) Repealed. Pub. L. 105-34, §1088(a), Aug. 5, 1997, 111 Stat. 959.]"(3) EXCEPTION FOR CERTAIN OBLIGATIONS.-In applying the amendments made by this section to any installment obligation of a corporation incorporated on January 13, 1928, the following indebtedness shall not be taken into account in determining the allocable installment indebtedness of such corporation under section 453C of the Internal Revenue Code of 1986 (as added by this section): "(A) 125/8 percent subordinated debentures with a total face amount of $175,000,000 issued pursuant to a trust indenture dated as of September 1, 1985."(B) A revolving credit term loan in the maximum amount of $130,000,000 made pursuant to a revolving credit and security agreement dated as of September 6, 1985, payable in various stages with final payment due on August 31, 1992.This paragraph shall also apply to indebtedness which replaces indebtedness described in this paragraph if such indebtedness does not exceed the amount and maturity of the indebtedness it replaces."(4) SPECIAL RULE FOR RESIDENTIAL CONDOMINIUM PROJECT.-For purposes of applying the amendments made by this section, the term applicable installment obligation (within the meaning of section 453C(e)(1) of the Internal Revenue Code of 1986) shall not include any obligation arising in connection with sales from a residential condominium project- "(A) for which a contract to purchase land for the project was entered into at least 5 years before the date of the enactment of this Act, "(B) with respect to which land for the project was purchased before September 26, 1985,"(C) with respect to which building permits for the project were obtained, and construction commenced, before September 26, 1985,"(D) in conjunction with which not less than 80 units of low-income housing are deeded to a tax-exempt organization designated by a local government, and"(E) with respect to which at least $1,000,000 of expenses were incurred before September 26, 1985."(5) SPECIAL RULE FOR QUALIFIED BUYOUT.-The amendments made by this section shall apply for taxable years ending after December 31, 1991, to a corporation if-"(A) such corporation was incorporated on May 25, 1984, for the purpose of acquiring all of the stock of another corporation,"(B) such acquisition took place on October 23, 1984,"(C) in connection with such acquisition, the corporation incurred indebtedness of approximately $151,000,000, and"(D) substantially all of the stock of the corporation is owned directly or indirectly by employees of the corporation the stock of which was acquired on October 23, 1984."(6) SPECIAL RULE FOR SALES OF REAL PROPERTY BY DEALERS.-In the case of installment obligations arising from the sale of real property in the ordinary course of the trade or business of the taxpayer, any gain attributable to allocable installment indebtedness allocated to any such installment obligations which arise (or are deemed to arise)-"(A) in the 1st taxable year of the taxpayer ending after December 31, 1986, shall be taken into account ratably over the 3 taxable years beginning with such 1st taxable year, and"(B) in the 2nd taxable year of the taxpayer ending after December 31, 1986, shall be taken into account ratably over the 2 taxable years beginning with such 2nd taxable year."(7) SPECIAL RULE FOR SALES OF PERSONAL PROPERTY BY DEALERS.-In the case of installment obligations arising from the sale of personal property in the ordinary course of the trade or business of the taxpayer, solely for purposes of determining the time for payment of tax and interest payable with respect to such tax-"(A) any increase in tax imposed by chapter 1 of the Internal Revenue Code of 1986 for the 1st taxable year of the taxpayer ending after December 31, 1986, by reason of the amendments made by this section shall be treated as imposed ratably over the 3 taxable years beginning with such 1st taxable year, and"(B) any increase in tax imposed by such chapter 1 for the 2nd taxable year of the taxpayer ending after December 31, 1986 (determined without regard to subparagraph (A)), by reason of the amendments made by this section shall be treated as imposed ratably over the 2 taxable years beginning with such 2nd taxable year."(8) TREATMENT OF CERTAIN INSTALLMENT OBLIGATIONS.-Notwithstanding the amendments made by subtitle B of title III [section 311 of Pub. L. 99-514, amending sections 593, 631, 852, 1201, and 1445 of this title and enacting provisions set out as notes under sections 631 and 1201 of this title], gain with respect to installment payments received pursuant to notes issued in accordance with a note agreement dated as of August 29, 1980, where-"(A) such note agreement was executed pursuant to an agreement of purchase and sale dated April 25, 1980, "(B) more than 1/2 of the installment payments of the aggregate principal of such notes have been received by August 29, 1986, and "(C) the last installment payment of the principal of such notes is due August 29, 1989,shall be taxed at a rate of 28 percent."(9) SPECIAL RULES.-For purposes of section 453C of the 1986 Code (as added by subsection (a))-"(A) REVOLVING CREDIT PLANS, ETC.-The term 'applicable installment obligation' shall not include any obligation arising out of any disposition or sale described in paragraph (1) or (2) of section 453(k) of such Code (as added by section 812(a))."(B) CERTAIN DISPOSITIONS DEEMED MADE ON FIRST DAY OF TAXABLE YEAR.-In the case of a taxpayer's 1st taxable year ending after December 31, 1986, dispositions after February 28, 1986, and before the 1st day of such taxable year shall be treated as made on such 1st day." [Pub. L. 105-34, §1088(b), Aug. 5, 1997, 111 Stat. 959, as amended by Pub. L. 105-206, §6010(q), July 22, 1998, 112 Stat. 817, provided that:["(1) IN GENERAL.-The amendment made by this section [amending section 811(c) of Pub. L. 99-514, set out above] shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act [Aug. 5, 1997].["(2) COORDINATION WITH SECTION 481.-In the case of any taxpayer required by this section to change its method of accounting for any taxable year-["(A) such changes shall be treated as initiated by the taxpayer,["(B) such changes shall be treated as made with the consent of the Secretary of the Treasury, and["(C) the net amount of the adjustments required to be taken into account under section 481(a) of the Internal Revenue Code of 1986 shall be taken into account ratably over the 4 taxable year period beginning with the first taxable year beginning more than 1 year after the date of 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.
- corporation
- The term "corporation" includes associations, joint-stock companies, and insurance companies.
- 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.