Source
(Added Pub. L. 98–369, div. A, title VI, § 612(a), July 18, 1984, 98 Stat. 905; amended Pub. L. 99–514, title XIII, § 1301(f), title XVIII, §§ 1862(a)–(d)(1), 1899A(1), Oct. 22, 1986, 100 Stat. 2655, 2883, 2884, 2958; Pub. L. 100–647, title I, § 1013(a)(25), (26), title IV, § 4005(a)(2), (g)(7), Nov. 10, 1988, 102 Stat. 3543, 3645, 3651; Pub. L. 101–239, title VII, § 7104(b), Dec. 19, 1989, 103 Stat. 2305; Pub. L. 101–508, title XI, § 11408(b), Nov. 5, 1990, 104 Stat. 1388–477; Pub. L. 102–227, title I, § 108(b), Dec. 11, 1991, 105 Stat. 1688; Pub. L. 103–66, title XIII, § 13141(b), Aug. 10, 1993, 107 Stat. 436; Pub. L. 104–188, title I, § 1807(c)(1), Aug. 20, 1996, 110 Stat. 1902; Pub. L. 105–34, title III, § 312(d)(1), Aug. 5, 1997, 111 Stat. 839; Pub. L. 105–206, title VI, § 6008(d)(7), July 22, 1998, 112 Stat. 812; Pub. L. 107–16, title II, § 201(b)(2)(F), title VI, § 618(b)(2)(B), June 7, 2001, 115 Stat. 46, 108; Pub. L. 109–58, title XIII, § 1335(b)(2), Aug. 8, 2005, 119 Stat. 1036; Pub. L. 109–135, title IV, § 402(i)(3)(C), (4), Dec. 21, 2005, 119 Stat. 2613, 2615.)
Amendment of Section
For termination of amendment by section 402(i)(3)(H) of Pub. L. 109–135, see Effective and Termination Dates of 2005 Amendments note below.
For termination of amendment by section 901 of Pub. L. 107–16, see Effective and Termination Dates of 2001 Amendment note below.
Prior Provisions
A prior section
25 was renumbered section
26 of this title.
Amendments
2005—Subsec. (e)(1)(C).
Pub. L. 109–135, § 402(i)(3)(C), (H), temporarily reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “For purposes of this paragraph, the term ‘applicable tax limit’ means the limitation imposed by section
26
(a) for the taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections
23,
24,
25B, and
1400C).” See Effective and Termination Dates of 2005 Amendments notes below.
Pub. L. 109–58, § 1335(b)(2), which directed amendment of subpar. (C) by substituting “other than this section, section
23, section
25D, and section
1400C” for “this section and sections
23 and
1400C”, was repealed by
Pub. L. 109–135, § 402(i)(4). See Effective and Termination Dates of 2005 Amendments notes below.
2001—Subsec. (e)(1)(C).
Pub. L. 107–16, § 618(b)(2)(B), inserted “25B,” after “24,”.
Pub. L. 107–16, §§ 201(b)(2)(F),
901, temporarily inserted “, 24,” after “sections
23”. See Effective and Termination Dates of 2001 Amendment note below.
1998—Subsec. (e)(1)(C).
Pub. L. 105–206 substituted “sections
23 and
1400C” for “section
23”.
1997—Subsec. (e)(7).
Pub. L. 105–34 substituted “section
121” for “section
1034”.
1996—Subsec. (e)(1)(C).
Pub. L. 104–188 inserted “and section
23” after “other than this section”.
1993—Subsecs. (h) to (j).
Pub. L. 103–66 redesignated subsecs. (i) and (j) as (h) and (i), respectively, and struck out heading and text of former subsec. (h). Text read as follows: “No election may be made under subsection (c)(2)(A)(ii) for any period after June 30, 1992.”
1991—Subsec. (h).
Pub. L. 102–227 substituted “June 30, 1992” for “December 31, 1991”.
1990—Subsec. (h).
Pub. L. 101–508 substituted “December 31, 1991” for “September 30, 1990”.
1989—Subsec. (h).
Pub. L. 101–239 substituted “for any period after September 30, 1990” for “for any calendar year after 1989”.
1988—Subsec. (c)(2)(A)(ii).
Pub. L. 100–647, § 1013(a)(25), amended
Pub. L. 99–514, § 1301(f)(2)(C)(ii), see 1986 Amendment note below.
Subsec. (h).
Pub. L. 100–647, § 4005(a)(2), substituted “1989” for “1988”.
Pub. L. 100–647, § 1013(a)(26), substituted “1988” for “1987”.
Subsec. (j).
Pub. L. 100–647, § 4005(g)(7), added subsec. (j).
1986—Subsec. (a)(1)(B).
Pub. L. 99–514, § 1862(d)(1), substituted “paid or accrued” for “paid or incurred”.
Subsec. (b)(2)(A)(ii).
Pub. L. 99–514, § 1301(f)(2)(A), substituted “section
143
(k)(4)” for “section
103A
(l)(6)”.
Subsec. (b)(2)(A)(iii).
Pub. L. 99–514, § 1301(f)(2)(B), substituted “section
143
(k)(5)” for “section
103A
(l)(7)”.
Subsec. (c)(2)(A).
Pub. L. 99–514, § 1301(f)(2)(E), substituted “section
143
(a)(2)” for “section
103A
(c)(2)” in provision following cl. (vii).
Pub. L. 99–514, § 1862(b), inserted “Under regulations, rules similar to the rules of subparagraphs (B) and (C) of section
103A
(c)(2) shall apply to the requirements of this subparagraph.”
Subsec. (c)(2)(A)(ii).
Pub. L. 99–514, § 1301(f)(2)(C)(ii), as amended by
Pub. L. 100–647, § 1013(a)(25), substituted “private activity bonds which it may otherwise issue during such calendar year under section
146” for “qualified mortgage bonds which it may otherwise issue during such calendar year under section
103A”.
Subsec. (c)(2)(A)(iii).
Pub. L. 99–514, § 1301(f)(2)(C)(i), substituted “section
143” for “section
103A” in introductory provisions, added subcls. (I) to (VI), and struck out former subcls. (I) to (V) which read as follows:
“(I) subsection (d) (relating to residence requirements),
“(II) subsection (e) (relating to 3-year requirement),
“(III) subsection (f) (relating to purchase price requirement),
“(IV) subsection (h) (relating to portion of loans required to be placed in targeted areas), and
“(V) subsection (j), other than paragraph (2) thereof (relating to other requirements),”.
Subsec. (c)(2)(A)(iii)(V).
Pub. L. 99–514, § 1862(a), substituted “subsection (j), other than paragraph (2) thereof” for “paragraph (1) of subsection (j)”.
Subsec. (c)(2)(B).
Pub. L. 99–514, § 1301(f)(2)(C)(i), substituted in heading and introductory provisions “section
143” for “section
103A”.
Pub. L. 99–514, § 1301(f)(2)(F), inserted in introductory provisions reference to subcl. (V), added cl. (iii) and closing provisions, and struck out former cl. (iii) and closing provisions which read as follows:
“(iii) paragraph (1) of section
103A
(e) shall be applied by substituting ‘100 percent’ for ‘90 percent or more’.
Clause (iii) shall not apply if the issuing authority submits a plan to the Secretary for administering the 90-percent requirement of section
103A
(e)(1) and the Secretary is satisfied that such requirement will be met under such plan.”
Subsec. (d)(2)(A).
Pub. L. 99–514, § 1301(f)(1)(A), substituted “25 percent” for “20 percent” in concluding provisions.
Subsec. (d)(3).
Pub. L. 99–514, § 1301(f)(2)(G), struck out par. (3) “Additional limit in certain cases” which read as follows: “In the case of a qualified mortgage credit certificate program in a State which—
“(A) has a State ceiling (as defined in section
103A
(g)(4)) for the year an election is made that exceeds 20 percent of the average annual aggregate principal amount of mortgages executed during the immediately preceding 3 calendar years for single family owner-occupied residences located within the jurisdiction of such State, or
“(B) issued qualified mortgage bonds in an aggregate amount less than $150,000,000 for calendar year 1983,
the certificate credit rate for any mortgage credit certificate shall not exceed 20 percent unless the issuing authority submits a plan to the Secretary to ensure that the weighted average of the certificate credit rates in such mortgage credit certificate program does not exceed 20 percent and the Secretary approves such plan.”
Subsec. (e)(1)(B).
Pub. L. 99–514, § 1862(c), amended subpar. (B) generally. Prior to amendment, subpar. (B) “Limitations” read as follows: “The amount of the unused credit which may be taken into account under subparagraph (A) for any taxable year shall not exceed the amount by which the applicable tax limit for such taxable year exceeds the sum of the amounts which, by reason of this paragraph, are carried to such taxable year and are attributable to taxable years before the unused credit year.”
Subsec. (e)(2).
Pub. L. 99–514, § 1301(f)(2)(H), substituted “subsections (c)(1), (d), (e), (f), and (i) of section
143” for “subsection (d)(1), (e), (f), and (j) of section
103A”.
Subsec. (e)(6).
Pub. L. 99–514, § 1301(f)(2)(I), substituted “section
144
(a)(3)(A)” for “section
103
(b)(6)(C)(i)”.
Subsec. (e)(8)(A).
Pub. L. 99–514, § 1301(f)(2)(J), substituted “section
143
(k)(5)(B)” for “section
103A
(l)(7)(B)”.
Subsec. (e)(8)(B).
Pub. L. 99–514, § 1301(f)(2)(K), substituted “section
143
(k)(4)” for “section
103A
(l)(6)”.
Subsec. (e)(9).
Pub. L. 99–514, § 1301(f)(2)(L), substituted “section
143
(a)(1)” for “section
103A
(c)(1)”.
Subsec. (e)(10).
Pub. L. 99–514, § 1301(f)(2)(M), substituted “section
143” for “section
103A”.
Subsec. (f)(1).
Pub. L. 99–514, § 1301(f)(2)(N), substituted “subsection (d) of section
146” for “paragraph (4) of section
103A
(g)”.
Subsec. (f)(2)(A).
Pub. L. 99–514, § 1301(f)(1)(B), substituted “0.25” for “0.20”.
Subsec. (f)(3).
Pub. L. 99–514, § 1301(f)(2)(O), substituted “section
146
(d)(3)(C)” for “section
103A
(g)(5)(C)”.
Subsec. (f)(4).
Pub. L. 99–514, § 1899A(1), substituted “ensure” for “insure”.
Effective and Termination Dates of 2005 Amendments
Amendment by section 402(i)(3)(C) of
Pub. L. 109–135 subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001,
Pub. L. 107–16, § 901, in the same manner as the provisions of such Act to which such amendment relates, see section 402(i)(3)(H) of
Pub. L. 109–135, set out as a note under section
23 of this title.
The Internal Revenue Code of 1986 to be applied and administered as if the amendments made by section
1335
(b)(1)–(3) of
Pub. L. 109–58 had never been enacted, see section 402(i)(4) of
Pub. L. 109–135, set out as a note under section
23 of this title.
Amendments by
Pub. L. 109–135 effective as if included in the provisions of the Energy Policy Act of 2005,
Pub. L. 109–58, to which they relate, except that amendment by section 402(i)(3)(C) of
Pub. L. 109–135 is applicable to taxable years beginning after Dec. 31, 2005, see section 402(m) of
Pub. L. 109–135, set out as a note under section
23 of this title.
Amendment by
Pub. L. 109–58 applicable to property placed in service after Dec. 31, 2005, in taxable years ending after such date, see section 1335(c) of
Pub. L. 109–58, set out as a note under section
23 of this title.
Effective and Termination Dates of 2001 Amendment
Amendment by
Pub. L. 107–16 inapplicable to taxable years beginning during 2004 or 2005, see section 312(b)(2) of
Pub. L. 108–311, set out as a note under section
23 of this title.
Amendment by
Pub. L. 107–16 inapplicable to taxable years beginning during 2002 and 2003, see section 601(b)(2) of
Pub. L. 107–147, set out as a note under section
23 of this title.
Amendment by section 201(b)(2)(F) of
Pub. L. 107–16 applicable to taxable years beginning after Dec. 31, 2001, see section 201(e)(2) of
Pub. L. 107–16, set out as a note under section
24 of this title.
Amendment by section 618(b)(2)(B) of
Pub. L. 107–16 applicable to taxable years beginning after Dec. 31, 2001, see section 618(d) of
Pub. L. 107–16, set out as a note under section
24 of this title.
Amendment by section 201(b)(2)(F) of
Pub. L. 107–16 inapplicable to taxable, plan, or limitation years beginning after Dec. 31, 2010, and the Internal Revenue Code of 1986 to be applied and administered to such years as if such amendment had never been enacted, see section 901 of
Pub. L. 107–16, set out as a note under section
1 of this title.
Effective Date of 1998 Amendment
Amendment by
Pub. L. 105–206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997,
Pub. L. 105–34, to which such amendment relates, see section 6024 of
Pub. L. 105–206, set out as a note under section
1 of this title.
Effective Date of 1997 Amendment
Amendment by
Pub. L. 105–34 applicable to sales and exchanges after May 6, 1997, with certain exceptions, see section 312(d) of
Pub. L. 105–34, set out as a note under section
121 of this title.
Effective Date of 1996 Amendment
Amendment by
Pub. L. 104–188 applicable to taxable years beginning after Dec. 31, 1996, see section 1807(e) of
Pub. L. 104–188, set out as an Effective Date note under section
23 of this title.
Effective Date of 1993 Amendment
Section 13141(f)(2) of
Pub. L. 103–66 provided that: “The amendment made by subsection (b) [amending this section] shall apply to elections for periods after June 30, 1992.”
Effective Date of 1991 Amendment
Section 108(c)(2) of
Pub. L. 102–227 provided that: “The amendment made by subsection (b) [amending this section] shall apply to elections for periods after December 31, 1991.”
Effective Date of 1990 Amendment
Amendment by
Pub. L. 101–508 applicable to elections for periods after Sept. 30, 1990, see section 11408(d)(2) of
Pub. L. 101–508, set out as a note under section
143 of this title.
Effective Date of 1988 Amendment
Amendment by section 1013(a)(25), (26) of
Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986,
Pub. L. 99–514, to which such amendment relates, see section 1019(a) of
Pub. L. 100–647, set out as a note under section
1 of this title.
Amendment by section 4005(a)(2) of
Pub. L. 100–647 applicable to bonds issued, and nonissued bond amounts elected, after Dec. 31, 1988, see section 4005(h)(1) of
Pub. L. 100–647, set out as a note under section
143 of this title.
Amendment by section 4005(g)(7) of
Pub. L. 100–647 applicable to financing provided, and mortgage credit certificates issued, after Dec. 31, 1990, with certain exceptions, see section 4005(h)(3) of
Pub. L. 100–647, set out as a note under section
143 of this title.
Effective Date of 1986 Amendment
Amendment by section 1301(f)(1) of
Pub. L. 99–514 applicable to nonissued bond amounts elected after Aug. 15, 1986, and amendment by section 1301(f)(2) of
Pub. L. 99–514 applicable to certificates issued with respect to nonissued bond amounts elected after Aug. 15, 1986, see section 1311(b) of
Pub. L. 99–514, as amended, set out as an Effective Date; Transitional Rules note under section
141 of this title.
Amendment by section
1862
(a)–(d)(1) of
Pub. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984,
Pub. L. 98–369, div. A, to which such amendment relates, see section 1881 of
Pub. L. 99–514, set out as a note under section
48 of this title.
Effective Date
Section 612(g) of
Pub. L. 98–369, as amended by
Pub. L. 99–514, § 2, Oct. 22, 1986,
100 Stat. 2095, provided that:
“(1) In general.—Except as otherwise provided in this subsection, the amendments made by this section [enacting this section and section
6708 of this title, redesignating former section
25 as
26, and amending sections
23,
28 to
30,
38,
55,
103A,
163,
168, and
901 of this title] shall apply to interest paid or accrued after December 31, 1984, on indebtedness incurred after December 31, 1984.
“(2) Elections.—The amendments made by this section shall apply to elections under section 25(c)(2)(A)(ii) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as added by this section) for calendar years after 1983.”
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and
1171–1177] or title XVIII [§§ 1800–1899A] of
Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of
Pub. L. 99–514, as amended, set out as a note under section
401 of this title.