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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-08-24
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Section 147. Other requirements applicable to certain private
activity bonds
(a) Substantial user requirement.
(1) In general. Except as provided in subsection (h), a
private activity bond shall not be a qualified bond for any
period during which it is held by a person who is a substantial
user of the facilities or by a related person of such a
substantial user.
(2) Related person. For purposes of paragraph (1), the
following shall be treated as related persons
(A) 2 or more persons if the relationship between such
persons would result in a disallowance of losses under section
267 or 707(b),
(B) 2 or more persons which are members of the same
controlled group of corporations (as defined in section 1563(a),
except that "more than 50 percent" shall be substituted for "at
least 80 percent" each place it appears therein),
(C) a partnership and each of its partners (and their
spouses and minor children), and
(D) an S corporation and each of its shareholders (and their
spouses and minor children).
(b) Maturity may not exceed 120 percent of economic life.
(1) General rule. Except as provided in subsection (h), a
private activity bond shall not be qualified bond if it is issued
as part of an issue and
(A) the average maturity of the bonds issued as part of such
issue, exceeds
(B) 120 percent of the average reasonably expected economic
life of the facilities being financed with the net proceeds of
such issue.
(2) Determination of average. For purposes of paragraph
(1)-
(A) the average maturity of any issue shall be determined by
taking into account the respective issue prices of the bonds
issued as part of such issue, and
(B) the average reasonably expected economic life of the
facilities being financed with any issue shall be determined by
taking into account the respective cost of such facilities.
(3) Special rules.
(A) Determination of economic life. For purposes of this
subsection, the reasonably expected economic life of any facility
shall be determined as of the later of-
(i) the date on which the bonds are issued, or
(ii) the date on which the facility is placed in service (or
expected to be placed in service).
(B) Treatment of land.
(i) Land not taken into account. Except as provided in
clause (ii), land shall not be taken into account under paragraph
(1)(B).
(ii) Issues where 25 percent or more of proceeds used to
finance land. If 25 percent of more of the net proceeds of any
issue is to be used to finance land, such land shall be taken
into account under paragraph (1)(B) and shall be treated as
having an economic life of 30 years.
(4) Special rule for pooled financing of 501(c)(3)
organization.
(A) In general. At the election of the issuer, a qualified
501(c)(3) bond shall be treated as meeting the requirements of
paragraph (1) if such bond meets the requirements of subparagraph
(B).
(B) Requirements. A qualified 501(c)(3) bond meets the
requirements of this subparagraph if-
(i) 95 percent or more of the net proceeds of the issue of
which such bond is a part are to be used to make or finance loans
to 2 or more 501(c)(3) organizations or governmental units for
acquisition of property to be used by such organizations,
(ii) each loan described in clause (i) satisfies the
requirements of paragraph (1) (determined by treating each loan
as a separate issue),
(iii) before such bond is issued, a demand survey was
conducted which shows a demand for financing greater than an
amount equal to 120 percent of the lendable proceeds of such
issue, and
(iv) 95 percent or more of the net proceeds of such issue
are to be loaned to 501(c)(3) organizations or governmental units
within 1 year of issuance and, to the extent there are any
unspent proceeds after such 1-year period, bonds issued as part
of such issue are to be redeemed as soon as possible thereafter
(and in no event later than 18 months after issuance).
A bond shall not meet the requirements of this subparagraph if
the maturity date of any bond issued as part of such issue is
more than 30 years after the date on which the bond was issued
(or, in the case of refunding or series of refundings, the date
on which the original bond was issued).
(5) Special rule for certain FHA insured loans. Paragraph
(1) shall not apply to any bond issued as part of an issue 95
percent or more of the net proceeds of which are to be used to
finance mortgage loans insured under FHA 242 or under a similar
Federal Housing Administration program (as in effect on the date
of the enactment of the Tax Reform Act of 1986) where the loan
term approved by such Administration plus the maximum maturity of
debentures which could be issued by such Administration in
satisfaction of its obligations exceeds the term permitted under
paragraph (1).
(c) Limitation on use for land acquisition.
(1) In general. Except as provided in subsection (h), a
private activity bond shall not be a qualified bond if-
(A) it is issued as part of an issue and 25 percent or more
of the net proceeds of such issue are to be used (directly or
indirectly) for the acquisition of land (or an interest therein),
or
(B) any portion of the proceeds of such issue is to be used
(directly or indirectly) for the acquisition of land (or an
interest therein) to be used for farming purposes.
(2) Exception for first-time farmers.
(A) In general. If the requirements of subparagraph (B) are
met with respect to any land, paragraph (1) shall not apply to
such land, and subsection (d) shall not apply to property to be
used thereon for farming purposes, but only to the extent of
expenditures (financed with the proceeds of the issue) not in
excess of $250,000.
(B) Acquisition by first-time farmers. The requirements of
this subparagraph are met with respect to any land if-
(i) such land is to be used for farming purposes, and
(ii) such land is to be acquired by an individual who is a
first-time farmer, who will be the principal user of such land,
and who will materially and substantially participate on the farm
of which such land is a part in the operation of such farm.
(C) First-time farmer. For purposes of this paragraph-
(i) In general. The term "first-time farmer" means any
individual if such individual-
(I) has not at any time had any direct or indirect ownership
interest in substantial farmland in the operation of which such
individual materially participated, and
(II) has not received financing under this paragraph in an
amount which, when added to the financing to be provided under
this paragraph, exceeds $250,000.
(ii) Aggregation rules. Any ownership or material
participation, or financing received, by an individual's spouse
or minor child shall be treated as ownership and material
participation, or financing received, by the individual.
(iii) Insolvent farmer. For purposes of clause (i),
farmland which was previously owned by the individual and was
disposed of while such individual was insolvent shall be
disregarded if section 108 applied to indebtedness with respect
to such farmland.
(D) Farm. For purposes of this paragraph, the term "farm"
has the meaning given such term by section 6420(c)(2).
(E) Substantial farmland. For purposes of this paragraph,
the term "substantial farmland" means any parcel of land unless-
(i) such parcel is smaller than 15 percent of the median
size of a farm in the county in which such parcel is located, and
(ii) the fair market value of the land does not at any time
while held by the individual exceed $125,000.
(F) Used equipment limitation. For purposes of this
paragraph, in no event may the amount of financing provided by
reason of the paragraph to a first-time farmer for personal
property-
(i) of a character subject to the allowance for
depreciation.
(ii) the original use of which does not beg