§5261 — Title 12 Banks and Banking | U.S. Code

Summary

Gains or losses from selling or exchanging certain preferred shares must be taxed as regular business income or loss. The rule applies to preferred stock of the Federal National Mortgage Association (Fannie Mae) or the Federal Home Loan Mortgage Corporation (Freddie Mac) that was either owned on September 6, 2008, or sold between January 1, 2008 and September 6, 2008. An "applicable financial institution" means the kinds of banks and bank holding companies covered by 26 U.S.C. 582(c)(2) or a depository institution holding company (per 12 U.S.C. 1813(w)(1)). For sales between January 1 and September 6, 2008, the seller must have been such an institution when the sale happened. For sales after September 6, 2008 of stock held on that date, the seller must have been such an institution for the whole period from September 6, 2008 until the sale. The Treasury Secretary (or their delegate) can extend these rules to some related cases, allow adjustments for partners, and write rules needed to apply the law. The rule covers sales after December 31, 2007 in tax years ending after that date.

Title 12, §5261

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(a)For purposes of title 26, gain or loss from the sale or exchange of any applicable preferred stock by any applicable financial institution shall be treated as ordinary income or loss.

(b)For purposes of this section, the term “applicable preferred stock” means any stock—

(1)which is preferred stock in—

(A)the Federal National Mortgage Association, established pursuant to the Federal National Mortgage Association Charter Act (12 U.S.C. 1716 et seq.), or

(B)the Federal Home Loan Mortgage Corporation, established pursuant to the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.), and

(2)which—

(A)was held by the applicable financial institution on September 6, 2008, or

(B)was sold or exchanged by the applicable financial institution on or after January 1, 2008, and before September 7, 2008.

(c)For purposes of this section:

(1)Except as provided in paragraph (2), the term “applicable financial institution” means—

(A)a financial institution referred to in section 582(c)(2) of title 26, or

(B)a depository institution holding company (as defined in section 1813(w)(1) of this title).

(2)In the case of—

(A)a sale or exchange described in subsection (b)(2)(B), an entity shall be treated as an applicable financial institution only if it was an entity described in subparagraph (A) or (B) of paragraph (1) at the time of the sale or exchange, and

(B)a sale or exchange after September 6, 2008, of preferred stock described in subsection (b)(2)(A), an entity shall be treated as an applicable financial institution only if it was an entity described in subparagraph (A) or (B) of paragraph (1) at all times during the period beginning on September 6, 2008, and ending on the date of the sale or exchange of the preferred stock.

(d)The Secretary of the Treasury or the Secretary’s delegate may extend the application of this section to all or a portion of the gain or loss from a sale or exchange in any case where—

(1)an applicable financial institution sells or exchanges applicable preferred stock after September 6, 2008, which the applicable financial institution did not hold on such date, but the basis of which in the hands of the applicable financial institution at the time of the sale or exchange is the same as the basis in the hands of the person which held such stock on such date, or

(2)the applicable financial institution is a partner in a partnership which—

(A)held such stock on September 6, 2008, and later sold or exchanged such stock, or

(B)sold or exchanged such stock during the period described in subsection (b)(2)(B).

(e)The Secretary of the Treasury or the Secretary’s delegate may prescribe such guidance, rules, or regulations as are necessary to carry out the purposes of this section.

(f)This section shall apply to sales or exchanges occurring after December 31, 2007, in taxable years ending after such date.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal National Mortgage Association Charter Act, referred to in subsec. (b)(1)(A), is title III of act June 27, 1934, ch. 847, 48 Stat. 1252, which is classified generally to subchapter III (§ 1716 et seq.) of chapter 13 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1716 of this title and Tables. The Federal Home Loan Mortgage Corporation Act, referred to in subsec. (b)(1)(B), is title III of Pub. L. 91–351, July 24, 1970, 84 Stat. 451, which is classified generally to chapter 11A (§ 1451 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

and Statement of Purpose note set out under section 1451 of this title and Tables.

§5261 Gain or loss from sale or exchange of certain preferred stock

Summary

Title 12, §5261

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

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