26 U.S.C. § 265 — Expenses and interest relating to tax-ex-

Page 1013 TITLE 26—INTERNAL REVENUE CODE § 265 ‘‘(I) The rate of interest specified under the terms of the indebtedness as in effect on October 13, 1995 (and without regard to modification of such terms after such date). ‘‘(II) The applicable percentage of the rate of in- terest described as Moody’s Corporate Bond Yield Average-Monthly Average Corporates as pub- lished by Moody’s Investors Service, Inc., or any successor thereto, for such month. For purposes of clause (i), all persons treated as a sin- gle employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986 or subsection (m) or (o) of section 414 of such Code shall be treated as 1 person. Subclause (II) of clause (ii) shall not apply to any month before January 1, 1996. ‘‘(C) APPLICABLE PERCENTAGE.—For purposes of sub- paragraph (B), the applicable percentage is as follows: For calendar year: The percentage is: 1996 ......................................................... 100 percent 1997 ......................................................... 90 percent 1998 ......................................................... 80 percent.’’ EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–514, title X, § 1003(c), Oct. 22, 1986, 100 Stat. 2388, provided that: ‘‘The amendments made by this section [amending this section] shall apply to contracts purchased after June 20, 1986, in taxable years ending after such date.’’ EFFECTIVE DATE OF 1964 AMENDMENT Pub. L. 88–272, title II, § 215(c), Feb. 26, 1964, 78 Stat. 56, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall apply with respect to amounts paid or accrued in taxable years beginning after December 31, 1963.’’ SPREAD OF INCOME INCLUSION ON SURRENDER, ETC. OF CONTRACTS Pub. L. 104–191, title V, § 501(d), Aug. 21, 1996, 110 Stat. 2092, as amended by Pub. L. 105–34, title XVI, § 1602(f)(5), Aug. 5, 1997, 111 Stat. 1095, provided that: ‘‘(1) IN GENERAL.—If any amount is received under any life insurance policy or endowment or annuity con- tract described in paragraph (4) of section 264(a) of the Internal Revenue Code of 1986— ‘‘(A) on the complete surrender, redemption, or ma- turity of such policy or contract during calendar year 1996, 1997, or 1998, or ‘‘(B) in full discharge during any such calendar year of the obligation under the policy or contract which is in the nature of a refund of the consideration paid for the policy or contract, then (in lieu of any other inclusion in gross income) such amount shall be includible in gross income rat- ably over the 4-taxable year period beginning with the taxable year such amount would (but for this para- graph) be includible. The preceding sentence shall only apply to the extent the amount is includible in gross income for the taxable year in which the event de- scribed in subparagraph (A) or (B) occurs. ‘‘(2) SPECIAL RULES FOR APPLYING SECTION 264.—A con- tract shall not be treated as— ‘‘(A) failing to meet the requirement of section 264(c)(1) of the Internal Revenue Code of 1986, or ‘‘(B) a single premium contract under section 264(b)(1) of such Code, solely by reason of an occurrence described in subpara- graph (A) or (B) of paragraph (1) of this subsection or solely by reason of a lapse occurring after October 13, 1995, by reason of no additional premiums being re- ceived under the contract. ‘‘(3) SPECIAL RULE FOR DEFERRED ACQUISITION COSTS.— In the case of the occurrence of any event described in subparagraph (A) or (B) of paragraph (1) of this sub- section with respect to any policy or contract— ‘‘(A) section 848 of the Internal Revenue Code of 1986 shall not apply to the unamortized balance (if any) of the specified policy acquisition expenses at- tributable to such policy or contract immediately be- fore the insurance company’s taxable year in which such event occurs, and ‘‘(B) there shall be allowed as a deduction to such company for such taxable year under chapter 1 of such Code an amount equal to such unamortized bal- ance.’’ § 265. Expenses and interest relating to tax-ex- empt income (a) General rule No deduction shall be allowed for— (1) Expenses Any amount otherwise allowable as a deduc- tion which is allocable to one or more classes of income other than interest (whether or not any amount of income of that class or classes is received or accrued) wholly exempt from the taxes imposed by this subtitle, or any amount otherwise allowable under section 212 (relating to expenses for production of income) which is allocable to interest (whether or not any amount of such interest is received or accrued) wholly exempt from the taxes imposed by this subtitle. (2) Interest Interest on indebtedness incurred or contin- ued to purchase or carry obligations the inter- est on which is wholly exempt from the taxes imposed by this subtitle. (3) Certain regulated investment companies In the case of a regulated investment com- pany which distributes during the taxable year an exempt-interest dividend (including ex- empt-interest dividends paid after the close of the taxable year as described in section 855), that portion of any amount otherwise allow- able as a deduction which the amount of the income of such company wholly exempt from taxes under this subtitle bears to the total of such exempt income and its gross income (ex- cluding from gross income, for this purpose, capital gain net income, as defined in section 1222(9)). (4) Interest related to exempt-interest divi- dends Interest on indebtedness incurred or contin- ued to purchase or carry shares of stock of a regulated investment company which during the taxable year of the holder thereof distrib- utes exempt-interest dividends. (5) Special rules for application of paragraph (2) in the case of short sales For purposes of paragraph (2)— (A) In general The term ‘‘interest’’ includes any amount paid or incurred— (i) by any person making a short sale in connection with personal property used in such short sale, or (ii) by any other person for the use of any collateral with respect to such short sale. (B) Exception where no return on cash col- lateral If— Page 1014 TITLE 26—INTERNAL REVENUE CODE § 265 1 See References in Text note below. (i) the taxpayer provides cash as collat- eral for any short sale, and (ii) the taxpayer receives no material earnings on such cash during the period of the sale, subparagraph (A)(i) shall not apply to such short sale. (6) Section not to apply with respect to parson- age and military housing allowances No deduction shall be denied under this sec- tion for interest on a mortgage on, or real property taxes on, the home of the taxpayer by reason of the receipt of an amount as— (A) a military housing allowance, or (B) a parsonage allowance excludable from gross income under section 107. (b) Pro rata allocation of interest expense of fi- nancial institutions to tax-exempt interest (1) In general In the case of a financial institution, no de- duction shall be allowed for that portion of the taxpayer’s interest expense which is allo- cable to tax-exempt interest. (2) Allocation For purposes of paragraph (1), the portion of the taxpayer’s interest expense which is allo- cable to tax-exempt interest is an amount which bears the same ratio to such interest ex- pense as— (A) the taxpayer’s average adjusted bases (within the meaning of section 1016) of tax- exempt obligations acquired after August 7, 1986, bears to (B) such average adjusted bases for all as- sets of the taxpayer. (3) Exception for certain tax-exempt obliga- tions (A) In general Any qualified tax-exempt obligation ac- quired after August 7, 1986, shall be treated for purposes of paragraph (2) and section 291(e)(1)(B) as if it were acquired on August 7, 1986. (B) Qualified tax-exempt obligation (i) In general For purposes of subparagraph (A), the term ‘‘qualified tax-exempt obligation’’ means a tax-exempt obligation— (I) which is issued after August 7, 1986, by a qualified small issuer, (II) which is not a private activity bond (as defined in section 141), and (III) which is designated by the issuer for purposes of this paragraph. (ii) Certain bonds not treated as private ac- tivity bonds For purposes of clause (i)(II), there shall not be treated as a private activity bond— (I) any qualified 501(c)(3) bond (as de- fined in section 145), or (II) any obligation issued to refund (or which is part of a series of obligations issued to refund) an obligation issued be- fore August 8, 1986, which was not an in- dustrial 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) or a private loan bond (as defined in section 103(o)(2)(A), as so in effect, but without regard to any exemption from such definition other than section 103(o)(2)(A)). (C) Qualified small issuer (i) In general For purposes of subparagraph (B), the term ‘‘qualified small issuer’’ means, with respect to obligations issued during any calendar year, any issuer if the reasonably anticipated amount of tax-exempt obliga- tions (other than obligations described in clause (ii)) which will be issued by such issuer during such calendar year does not exceed $10,000,000. (ii) Obligations not taken into account in determining status as qualified small issuer For purposes of clause (i), an obligation is described in this clause if such obliga- tion is— (I) a private activity bond (other than a qualified 501(c)(3) bond, as defined in section 145), (II) an obligation to which section 141(a) does not apply by reason of section 1312, 1313, 1316(g), or 1317 of the Tax Re- form Act of 1986 and which would (if issued on August 15, 1986) 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 such Act) or a private loan bond (as defined in section 103(o)(2)(A), as so in effect, but without regard to any exception from such definition other than section 103(o)(2)(A)), or (III) an obligation issued to refund (other than to advance refund within the meaning of section 149(d)(5)) 1 any obliga- tion to the extent the amount of the re- funding obligation does not exceed the outstanding amount of the refunded obli- gation. (iii) Allocation of amount of issue in cer- tain cases In the case of an issue under which more than 1 governmental entity receives bene- fits, if— (I) all governmental entities receiving benefits from such issue irrevocably agree (before the date of issuance of the issue) on an allocation of the amount of such issue for purposes of this subpara- graph, and (II) such allocation bears a reasonable relationship to the respective benefits received by such entities, then the amount of such issue so allocated to an entity (and only such amount with respect to such issue) shall be taken into account under clause (i) with respect to such entity. Page 1015 TITLE 26—INTERNAL REVENUE CODE § 265 (D) Limitation on amount of obligations which may be designated (i) In general Not more than $10,000,000 of obligations issued by an issuer during any calendar year may be designated by such issuer for purposes of this paragraph. (ii) Certain refundings of designated obli- gations deemed designated Except as provided in clause (iii), in the case of a refunding (or series of refundings) of a qualified tax-exempt obligation, the refunding obligation shall be treated as a qualified tax-exempt obligation (and shall not be taken into account under clause (i)) if— (I) the refunding obligation was not taken into account under subparagraph (C) by reason of clause (ii)(III) thereof, (II) the average maturity date of the refunding obligations issued as part of the issue of which such refunding obliga- tion is a part is not later than the aver- age maturity date of the obligations to be refunded by such issue, and (III) the refunding obligation has a ma- turity date which is not later than the date which is 30 years after the date the original qualified tax-exempt obligation was issued. Subclause (II) shall not apply if the aver- age maturity of the issue of which the original qualified tax-exempt obligation was a part (and of the issue of which the obligations to be refunded are a part) is 3 years or less. For purposes of this clause, average maturity shall be determined in accordance with section 147(b)(2)(A). (iii) Certain obligations may not be des- ignated or deemed designated No obligation issued as part of an issue may be designated under this paragraph (or may be treated as designated under clause (ii)) if— (I) any obligation issued as part of such issue is issued to refund another ob- ligation, and (II) the aggregate face amount of such issue exceeds $10,000,000. (E) Aggregation of issuers For purposes of subparagraphs (C) and (D)— (i) an issuer and all entities which issue obligations on behalf of such issuer shall be treated as 1 issuer, (ii) all obligations issued by a subordi- nate entity shall, for purposes of applying subparagraphs (C) and (D) to each other entity to which such entity is subordinate, be treated as issued by such other entity, and (iii) an entity formed (or, to the extent provided by the Secretary, availed of) to avoid the purposes of subparagraph (C) or (D) and all entities benefiting thereby shall be treated as 1 issuer. (F) Treatment of composite issues In the case of an obligation which is issued as part of a direct or indirect composite issue, such obligation shall not be treated as a qualified tax-exempt obligation unless— (i) the requirements of this paragraph are met with respect to such composite issue (determined by treating such com- posite issue as a single issue), and (ii) the requirements of this paragraph are met with respect to each separate lot of obligations which are part of the issue (determined by treating each such sepa- rate lot as a separate issue). (G) Special rules for obligations issued dur- ing 2009 and 2010 (i) Increase in limitation In the case of obligations issued during 2009 or 2010, subparagraphs (C)(i), (D)(i), and (D)(iii)(II) shall each be applied by substituting ‘‘$30,000,000’’ for ‘‘$10,000,000’’. (ii) Qualified 501(c)(3) bonds treated as issued by exempt organization In the case of a qualified 501(c)(3) bond (as defined in section 145) issued during 2009 or 2010, this paragraph shall be applied by treating the 501(c)(3) organization for whose benefit such bond was issued as the issuer. (iii) Special rule for qualified financings In the case of a qualified financing issue issued during 2009 or 2010— (I) subparagraph (F) shall not apply, and (II) any obligation issued as a part of such issue shall be treated as a qualified tax-exempt obligation if the require- ments of this paragraph are met with re- spect to each qualified portion of the issue (determined by treating each quali- fied portion as a separate issue which is issued by the qualified borrower with re- spect to which such portion relates). (iv) Qualified financing issue For purposes of this subparagraph, the term ‘‘qualified financing issue’’ means any composite, pooled, or other conduit fi- nancing issue the proceeds of which are used directly or indirectly to make or fi- nance loans to 1 or more ultimate bor- rowers each of whom is a qualified bor- rower. (v) Qualified portion For purposes of this subparagraph, the term ‘‘qualified portion’’ means that por- tion of the proceeds which are used with respect to each qualified borrower under the issue. (vi) Qualified borrower For purposes of this subparagraph, the term ‘‘qualified borrower’’ means a bor- rower which is a State or political subdivi- sion thereof or an organization described in section 501(c)(3) and exempt from tax- ation under section 501(a). (4) Definitions For purposes of this subsection— (A) Interest expense The term ‘‘interest expense’’ means the aggregate amount allowable to the taxpayer Page 1016 TITLE 26—INTERNAL REVENUE CODE § 265 as a deduction for interest for the taxable year (determined without regard to this sub- section, section 264, and section 291). For purposes of the preceding sentence, the term ‘‘interest’’ includes amounts (whether or not designated as interest) paid in respect of de- posits, investment certificates, or withdrawable or repurchasable shares. (B) Tax-exempt obligation The term ‘‘tax-exempt obligation’’ means any obligation the interest on which is whol- ly exempt from taxes imposed by this sub- title. Such term includes shares of stock of a regulated investment company which dur- ing the taxable year of the holder thereof distributes exempt-interest dividends. (5) Financial institution For purposes of this subsection, the term ‘‘financial institution’’ means any person who— (A) accepts deposits from the public in the ordinary course of such person’s trade or business, and is subject to Federal or State supervision as a financial institution, or (B) is a corporation described in section 585(a)(2). (6) Special rules (A) Coordination with subsection (a) If interest on any indebtedness is dis- allowed under subsection (a) with respect to any tax-exempt obligation— (i) such disallowed interest shall not be taken into account for purposes of apply- ing this subsection, and (ii) for purposes of applying paragraph (2), the adjusted basis of such tax-exempt obligation shall be reduced (but not below zero) by the amount of such indebtedness. (B) Coordination with section 263A This section shall be applied before the ap- plication of section 263A (relating to capital- ization of certain expenses where taxpayer produces property). (7) De minimis exception for bonds issued dur- ing 2009 or 2010 (A) In general In applying paragraph (2)(A), there shall not be taken into account tax-exempt obli- gations issued during 2009 or 2010. (B) Limitation The amount of tax-exempt obligations not taken into account by reason of subpara- graph (A) shall not exceed 2 percent of the amount determined under paragraph (2)(B). (C) Refundings For purposes of this paragraph, a refund- ing bond (whether a current or advance re- funding) shall be treated as issued on the date of the issuance of the refunded bond (or in the case of a series of refundings, the original bond). (Aug. 16, 1954, ch. 736, 68A Stat. 78; Pub. L. 88–272, title II, § 216(a), Feb. 26, 1964, 78 Stat. 56; Pub. L. 94–455, title XIX, §§ 1901(a)(37), 1906(b)(13)(A), title XXI, § 2137(e), Oct. 4, 1976, 90 Stat. 1770, 1834, 1931; Pub. L. 96–223, title IV, § 404(b)(2), Apr. 2, 1980, 94 Stat. 306; Pub. L. 97–34, title III, §§ 301(b)(2), 302(c)(2), (d)(1), Aug. 13, 1981, 95 Stat. 270, 272, 274; Pub. L. 98–369, div. A, title I, §§ 16(a), 56(c), July 18, 1984, 98 Stat. 505, 574; Pub. L. 99–514, title I, § 144, title IX, § 902(a), (b), (d), Oct. 22, 1986, 100 Stat. 2121, 2380–2382; Pub. L. 100–647, title I, § 1009(b)(3)(A), Nov. 10, 1988, 102 Stat. 3446; Pub. L. 101–508, title XI, § 11801(c)(4), Nov. 5, 1990, 104 Stat. 1388–523; Pub. L. 105–34, title X, § 1084(c), Aug. 5, 1997, 111 Stat. 955; Pub. L. 111–5, div. B, title I, §§ 1501(a), 1502(a), Feb. 17, 2009, 123 Stat. 353.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Tax Reform Act of 1986, referred to in subsec. (b)(3)(B)(ii)(II), (C)(ii)(II), is the date of enactment of Pub. L. 99–514, which was ap- proved Oct. 22, 1986. Sections 1312, 1313, 1316(g), and 1317 of the Tax Reform Act of 1986, referred to in subsec. (b)(3)(C)(ii)(II), are sections 1312, 1313, 1316(g), and 1317 of Pub. L. 99–514, which are set out as a note under section 141 of this title. Section 149(d)(5), referred to in subsec. (b)(3)(C)(ii)(III), was redesignated section 149(d)(2) by Pub. L. 115–97, title I, § 13532(b)(1), Dec. 22, 2017, 131 Stat. 2154. CODIFICATION Another section 1084(c) of Pub. L. 105–34 amended sec- tion 264 of this title. AMENDMENTS 2009—Subsec. (b)(3)(G). Pub. L. 111–5, § 1502(a), added subpar. (G). Subsec. (b)(7). Pub. L. 111–5, § 1501(a), added par. (7). 1997—Subsec. (b)(4)(A). Pub. L. 105–34 inserted ‘‘, section 264,’’ before ‘‘and section 291’’. 1990—Subsec. (a)(2). Pub. L. 101–508, § 11801(c)(4), struck out before period at end ‘‘, or to purchase or carry any certificate to the extent the interest on such certificate is excludable under section 128’’. 1988—Subsec. (b)(3). Pub. L. 100–647 amended par. (3) generally, reenacting subpar. (A) without change, revis- ing and restating provisions of subpars. (B) to (E), and adding subpar. (F). 1986—Pub. L. 99–514, § 902(a), (d), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Par. (2). Pub. L. 99–514, § 902(b), struck out last sen- tence which read as follows: ‘‘In applying the preceding sentence to a financial institution (other than a bank) which is a face-amount certificate company registered under the Investment Company Act of 1940 (15 U.S.C. 80a–1 and following) and which is subject to the bank- ing laws of the State in which such institution is incor- porated, interest on face-amount certificates (as de- fined in section 2(a)(15) of such Act) issued by such in- stitution, and interest on amounts received for the pur- chase of such certificates to be issued by such institu- tion, shall not be considered as interest on indebted- ness incurred or continued to purchase or carry obliga- tions the interest on which is wholly exempt from the taxes imposed by this subtitle, to the extent that the average amount of such obligations held by such insti- tution during the taxable year (as determined under regulations prescribed by the Secretary) does not ex- ceed 15 percent of the average of the total assets held by such institution during the taxable year (as so de- termined).’’ Par. (6). Pub. L. 99–514, § 144, added par. (6). 1984—Par. (2). Pub. L. 98–369, § 16(a), repealed amend- ments made by Pub. L. 97–34, § 302(c). See 1981 Amend- ment note below. Page 1017 TITLE 26—INTERNAL REVENUE CODE § 265 Par. (5). Pub. L. 98–369, § 56(c), added par. (5). 1981—Par. (2). Pub. L. 97–34, § 302(c)(2), (d)(1), provided that, applicable to taxable years beginning after Dec. 31, 1984, par. (2) is amended by striking out ‘‘or to pur- chase or carry any certificate to the extent the interest on such certificate is excludable under section 128’’ and inserting in lieu thereof ‘‘or to purchase or carry obli- gations or shares, or to make other deposits or invest- ments, the interest on which is described in section 128(c)(1) to the extent such interest is excludable from gross income under section 128’’. Section 16(a) of Pub. L. 98–369, repealed section 302(c) of Pub. L. 97–34, and provided that this title shall be applied and adminis- tered as if section 302(c), and the amendments made by such section 302(c), had not been enacted. Pub. L. 97–34, § 301(b)(2), inserted ‘‘, or to purchase or carry any certificate to the extent the interest on such certificate is excludable under section 128’’ after ‘‘116’’. 1980—Par. (2). Pub. L. 96–223 inserted ‘‘, or to pur- chase or carry obligations or shares, or to make depos- its or other investments, the interest on which is de- scribed in section 116(c) to the extent such interest is excludable from gross income under section 116’’ after ‘‘subtitle’’. 1976—Par. (2). Pub. L. 94–455, §§ 1901(a)(37), 1906(b)(13)(A), struck out ‘‘(other than obligations of the United States issued after September 24, 1917, and originally subscribed for by the taxpayer)’’ after ‘‘to purchase or carry obligations’’ and ‘‘or his delegate’’ after ‘‘Secretary’’. Pars. (3), (4). Pub. L. 94–455, § 2137(e), added pars. (3) and (4). 1964—Par. (2). Pub. L. 88–272 provided that interest on face-amount certificates issued by a face-amount cer- tificate company, and interest on amounts received for the purchase of such certificates to be issued by such institution, shall not be considered interest on indebt- edness to purchase or carry obligations the interest on which is wholly exempt from the taxes under this sub- title, to the extent the average amount of such obliga- tions held by such institution during the taxable year doesn’t exceed 15 percent of the average total assets held by such institution during the taxable year. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–5, div. B, title I, § 1501(c), Feb. 17, 2009, 123 Stat. 353, provided that: ‘‘The amendments made by this section [amending this section and section 291 of this title] shall apply to obligations issued after De- cember 31, 2008.’’ Pub. L. 111–5, div. B, title I, § 1502(b), Feb. 17, 2009, 123 Stat. 354, provided that: ‘‘The amendment made by this section [amending this section] shall apply to obliga- tions issued after December 31, 2008.’’ EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–34 applicable to contracts issued after June 8, 1997, in taxable years ending after such date, with special provisions relating to changes in contracts to be treated as new contracts, see section 1084(d) of Pub. L. 105–34, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–647, title I, § 1009(b)(3)(B)–(D), Nov. 10, 1988, 102 Stat. 3448, 3449, as amended by Pub. L. 101–239, title VII, § 7811(f)(2), Dec. 19, 1989, 103 Stat. 2409, provided that: ‘‘(B) In the case of any obligation issued after August 7, 1986, and before January 1, 1987, the time for making a designation with respect to such obligation under sec- tion 265(b)(3)(B)(i)(III) of the 1986 Code shall not expire before January 1, 1989. ‘‘(C) If— ‘‘(i) an obligation is issued on or after January 1, 1986, and on or before August 7, 1986, ‘‘(ii) when such obligation was issued, the issuer made a designation that it intended to qualify under section 802(e)(3) of H.R. 3838 of the 99th Congress as passed by the House of Representatives [H.R. 3838 was enacted as Pub. L. 99–514], and ‘‘(iii) the issuer makes an election under this sub- paragraph with respect to such obligation, for purposes of section 265(b)(3) of the 1986 Code, such obligation shall be treated as issued on August 8, 1986. ‘‘(D)(i) Except as provided in clause (ii), the following provisions of section 265(b)(3) of the 1986 Code (as amended by this subparagraph (A)) shall apply to obli- gations issued after June 30, 1987: ‘‘(I) subparagraph (C)(ii)(III), ‘‘(II) clauses (ii) and (iii) of subparagraph (D), and ‘‘(III) subparagraphs (E) and (F). ‘‘(ii) At the election of an issuer (made at such time and in such manner as the Secretary of the Treasury or his delegate may prescribe), the provisions referred to in clause (i) shall apply to such issuer as if included in the amendments made by section 902(a) of the Tax Re- form Act of 1986 [section 902(a) of Pub. L. 99–514, amend- ing this section].’’ Amendment by 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. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 144 of Pub. L. 99–514 applicable to taxable years beginning before, on, or after Dec. 31, 1986, see section 151(e) of Pub. L. 99–514, set out as a note under section 1 of this title. Pub. L. 99–514, title IX, § 902(f), Oct. 22, 1986, 100 Stat. 2382, as amended by Pub. L. 100–647, title I, § 1009(b)(1), (2), (7), Nov. 10, 1988, 102 Stat. 3445, 3446, 3449, provided that: ‘‘(1) IN GENERAL.—Except as provided in this sub- section, the amendments made by this section [amend- ing this section and sections 163, 291, and 1277 of this title] shall apply to taxable years ending after Decem- ber 31, 1986. ‘‘(2) OBLIGATIONS ACQUIRED PURSUANT TO CERTAIN COM- MITMENTS.—For purposes of sections 265(b) and 291(e)(1)(B) of the Internal Revenue Code of 1986, any tax-exempt obligation which is acquired after August 7, 1986, pursuant to a direct or indirect written commit- ment— ‘‘(A) to purchase or repurchase such obligation, and ‘‘(B) entered into on or before September 25, 1985, shall be treated as an obligation acquired before Au- gust 8, 1986. ‘‘(3) TRANSITIONAL RULES.—For purposes of sections 265(b) and 291(e)(1)(B) of the Internal Revenue Code of 1986, obligations with respect to any of the following projects shall be treated as obligations acquired before August 8, 1986, in the hands of the first and any subse- quent financial institution acquiring such obligations: ‘‘(A) Park Forest, Illinois, redevelopment project. ‘‘(B) Clinton, Tennessee, Carriage Trace project. ‘‘(C) Savannah, Georgia, Mall Terrace Warehouse project. ‘‘(D) Chattanooga, Tennessee, Warehouse Row project. ‘‘(E) Dalton, Georgia, Towne Square project. ‘‘(F) Milwaukee, Wisconsin, Standard Electric Sup- ply Company—distribution facility. ‘‘(G) Wausau, Wisconsin, urban renewal project. ‘‘(H) Cassville, Missouri, UDAG project. ‘‘(I) Outlook Envelope Company—plant expansion. ‘‘(J) Woodstock, Connecticut, Crabtree Warehouse partnership. ‘‘(K) Louisville, Kentucky, Speed Mansion renova- tion project. ‘‘(L) Charleston, South Carolina, 2 Festival Market Place projects at Union Pier Terminal and 1 project at the Remount Road Container Yard, State Pier No. 15 at North Charleston Terminal. ‘‘(M) New Orleans, Louisiana, Upper Pontalba Building renovation. ‘‘(N) Woodward Wight Building. Page 1018 TITLE 26—INTERNAL REVENUE CODE § 266 ‘‘(O) Minneapolis, Minnesota, Miller Milling Com- pany—flour mill project. ‘‘(P) Homewood, Alabama, the Club Apartments. ‘‘(Q) Charlotte, North Carolina—qualified mortgage bonds acquired by NCNB bank ($5,250,000). ‘‘(R) Grand Rapids, Michigan, Central Bank project. ‘‘(S) Ruppman Marketing Services, Inc.—building project. ‘‘(T) Bellows Falls, Vermont—building project. ‘‘(U) East Broadway Project, Louisville, Kentucky. ‘‘(V) O.K. Industries, Oklahoma. ‘‘(4) ADDITIONAL TRANSITIONAL RULE.—Obligations issued pursuant to an allocation of a State’s volume limitation for private activity bonds, which allocation was made by Executive Order 25 signed by the Governor of the State on May 22, 1986 (as such order may be amended before January 1, 1987), and qualified 501(c)(3) bonds designated by such Governor for purposes of this paragraph, shall be treated as acquired on or before Au- gust 7, 1986, in the hands of the first and any subse- quent financial institution acquiring such obligation. The aggregate face amount of obligations to which this paragraph applies shall not exceed $200,000,000.’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 16(a) of Pub. L. 98–369 applica- ble to taxable years ending after Dec. 31, 1983, see sec- tion 18(a) of Pub. L. 98–369, set out as a note under sec- tion 48 of this title. Amendment by section 56(c) of Pub. L. 98–369 applica- ble to short sales after July 18, 1984, in taxable years ending after that date, see section 56(d) of Pub. L. 98–369, set out as a note under section 163 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–34, title III, § 301(d), Aug. 13, 1981, 95 Stat. 270, provided that: ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by this section [enacting section 128 of this title and amending this section and sections 584, 643, and 702 of this title] shall apply to taxable years ending after September 30, 1981. ‘‘(2) CONFORMING AMENDMENTS.—The amendments made by subsection (b)(6) [amending sections 584, 643, and 702 of this title] shall apply to taxable years be- ginning after December 31, 1981.’’ EFFECTIVE AND TERMINATION DATES OF 1980 AMENDMENT Pub. L. 96–223, title IV, § 404(c), Apr. 2, 1980, 94 Stat. 308, as amended by Pub. L. 97–34, title III, § 302(b)(1), Aug. 13, 1981, 95 Stat. 272, provided that: ‘‘The amend- ments made by this section [amending this section and sections 116, 584, 643, 702, 854, and 857 of this title] shall apply with respect to taxable years beginning after De- cember 31, 1980, and before January 1, 1982.’’ EFFECTIVE DATE OF 1976 AMENDMENT Amendment by section 1901(a)(37) of Pub. L. 94–455 ef- fective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94–455, set out as a note under section 2 of this title. Amendment by section 2137(e) of Pub. L. 94–455 effec- tive for taxable years beginning after Dec. 31, 1975, see section 2137(e) of Pub. L. 94–455, set out as a note under section 852 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Pub. L. 88–272, title II, § 216(b), Feb. 26, 1964, 78 Stat. 56, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to taxable years ending after the date of the enactment of this Act [Feb. 26, 1964].’’ SAVINGS PROVISION For provisions that nothing in amendment by Pub. L. 101–508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liabil- ity for tax for periods ending after Nov. 5, 1990, see sec- tion 11821(b) of Pub. L. 101–508, set out as a note under section 45K of this title. CLARIFICATION OF TREATMENT OF AMOUNTS EXCLUDED UNDER SECTION 597 Pub. L. 99–514, title IX, § 904(c)(2)(B), Oct. 22, 1986, 100 Stat. 2385, provided that this section shall not deny any deduction by reason of such deduction being allocable to amounts excluded from gross income under section 597 of this title as in effect on Oct. 21, 1986, prior to re- peal by Pub. L. 101–73, title XIV, § 1401(a)(3)(B), Aug. 9, 1989, 103 Stat. 549. § 266. Carrying charges No deduction shall be allowed for amounts paid or accrued for such taxes and carrying charges as, under regulations prescribed by the Secretary, are chargeable to capital account with respect to property, if the taxpayer elects, in accordance with such regulations, to treat such taxes or charges as so chargeable. (Aug. 16, 1954, ch. 736, 68A Stat. 78; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–455 struck out ‘‘or his delegate’’ after ‘‘Secretary’’. § 267. Losses, expenses, and interest with respect to transactions between related taxpayers (a) In general (1) Deduction for losses disallowed No deduction shall be allowed in respect of any loss from the sale or exchange of property, directly or indirectly, between persons speci- fied in any of the paragraphs of subsection (b). The preceding sentence shall not apply to any loss of the distributing corporation (or the dis- tributee) in the case of a distribution in com- plete liquidation. (2) Matching of deduction and payee income item in the case of expenses and interest If— (A) by reason of the method of accounting of the person to whom the payment is to be made, the amount thereof is not (unless paid) includible in the gross income of such person, and (B) at the close of the taxable year of the taxpayer for which (but for this paragraph) the amount would be deductible under this chapter, both the taxpayer and the person to whom the payment is to be made are persons specified in any of the paragraphs of sub- section (b), then any deduction allowable under this chap- ter in respect of such amount shall be allow- able as of the day as of which such amount is includible in the gross income of the person to whom the payment is made (or, if later, as of the day on which it would be so allowable but for this paragraph). For purposes of this para- graph, in the case of a personal service cor- poration (within the meaning of section