Title 26 — Internal Revenue CodeRelease 119-73
§149 Bonds must be registered to be tax exempt; other requirements
Title 26 › Subtitle Subtitle A— - Income Taxes › Chapter CHAPTER 1— - NORMAL TAXES AND SURTAXES › Subchapter Subchapter B— - Computation of Taxable Income › Part PART IV— - TAX EXEMPTION REQUIREMENTS FOR STATE AND LOCAL BONDS › Subpart Subpart B— - Requirements Applicable to All State and Local Bonds › § 149
Summary
Interest on a bond is tax-free only if the bond follows several rules. Bonds that must be registered to be tax-exempt have to be in registered form; that rule does not apply to bonds not sold to the public or bonds with an original maturity of 1 year or less. Electronic “book‑entry” bonds count as registered if they can only be moved through book entries under Treasury rules. Bonds whose principal or interest is guaranteed by the U.S. (or an agency) are not tax‑exempt, and a bond can also lose exemption if 5% or more of an issue’s proceeds are used for loans that the U.S. guarantees or are put into federally insured deposits, unless specific narrow exceptions apply (several named federal guarantees are exempted). Interest is also not tax‑free on bonds issued more than 90 days before they are used to redeem another bond (advance refunding). The issuer must file a statement with the IRS within the 15th day of the 2nd month after the calendar quarter when the bond was issued (or a later date the IRS allows). That statement must give basic facts about the issue (issuer name and address, issue date and amounts, interest rate and term, costs and reserves, who approved it, users of financed facilities, a short description of financed property, required state certification about private‑activity caps, and any other information the IRS asks for). The IRS can give an extension if the late filing was not willful. Special rules apply to pooled financing bonds (issues over $5,000,000 used to make loans to two or more borrowers) and to hedge bonds (issues where proceeds are held or invested while waiting to be spent). For pooled issues the issuer must reasonably expect that at least 30% of net proceeds will go to loans within 1 year and 95% within 3 years; net proceeds follow section 150 but exclude issuance costs and amounts needed to pay interest during the period. Legal and underwriting fees must not be contingent, and 95% of those fees must be paid within 180 days. The issuer normally must have written loan commitments for at least 30% of net proceeds before issuance. If the targets are missed, the issuer must use remaining proceeds to make up the shortfall. For hedge issues the issuer must expect spending of 10% in 1 year, 30% in 2 years, 60% in 3 years, and 85% in 5 years, and must meet the pooled‑issue rule about legal and underwriting costs. The IRS can make rules to prevent avoidance, allow longer construction schedules in some cases, and issue other needed regulations.
Full Legal Text
Title 26, §149
Internal Revenue Code — Source: USLM XML via OLRC
(a)(1)Nothing in section 103(a) or in any other provision of law shall be construed to provide an exemption from Federal income tax for interest on any registration-required bond unless such bond is in registered form.
(2)For purposes of paragraph (1), the term “registration-required bond” means any bond other than a bond which—
(A)is not of a type offered to the public, or
(B)has a maturity (at issue) of not more than 1 year.
(3)(A)For purposes of paragraph (1), a book entry bond shall be treated as in registered form if the right to the principal of, and stated interest on, such bond may be transferred only through a book entry consistent with regulations prescribed by the Secretary.
(B)The Secretary shall prescribe such regulations as may be necessary to carry out the purpose of paragraph (1) where there is a nominee or chain of nominees.
(b)(1)section 103(a) shall not apply to any State or local bond if such bond is federally guaranteed.
(2)For purposes of paragraph (1), a bond is federally guaranteed if—
(A)the payment of principal or interest with respect to such bond is guaranteed (in whole or in part) by the United States (or any agency or instrumentality thereof),
(B)such bond is issued as part of an issue and 5 percent or more of the proceeds of such issue is to be—
(i)used in making loans the payment of principal or interest with respect to which are to be guaranteed (in whole or in part) by the United States (or any agency or instrumentality thereof), or
(ii)invested (directly or indirectly) in federally insured deposits or accounts, or
(C)the payment of principal or interest on such bond is otherwise indirectly guaranteed (in whole or in part) by the United States (or an agency or instrumentality thereof).
(3)(A)A bond shall not be treated as federally guaranteed by reason of—
(i)any guarantee by the Federal Housing Administration, the Department of Veterans Affairs, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or the Government National Mortgage Association,
(ii)any guarantee of student loans and any guarantee by the Student Loan Marketing Association to finance student loans,
(iii)any guarantee by the Bonneville Power Authority pursuant to the Northwest Power Act (16 U.S.C. 839d) as in effect on the date of the enactment of the Tax Reform Act of 1984, or
(iv)subject to subparagraph (E), any guarantee by a Federal home loan bank made in connection with the original issuance of a bond during the period beginning on the date of the enactment of this clause and ending on December 31, 2010 (or a renewal or extension of a guarantee so made).
(B)Paragraph (1) shall not apply to—
(i)proceeds of the issue invested for an initial temporary period until such proceeds are needed for the purpose for which such issue was issued,
(ii)investments of a bona fide debt service fund,
(iii)investments of a reserve which meet the requirements of section 148(d),
(iv)investments in bonds issued by the United States Treasury, or
(v)other investments permitted under regulations.
(C)(i)Except as provided in clause (ii), paragraph (1) shall not apply to—
(I)a private activity bond for a qualified residential rental project or a housing program obligation under section 11(b) of the United States Housing Act of 1937,
(II)a qualified mortgage bond, or
(III)a qualified veterans’ mortgage bond.
(ii)Clause (i) shall not apply to any bond which is federally guaranteed within the meaning of paragraph (2)(B)(ii).
(D)Except as provided in paragraph (2)(B)(ii), a bond which is issued as part of an issue shall not be treated as federally guaranteed merely by reason of the fact that the proceeds of such issue are used in making loans to a financial institution or there is a guarantee by a financial institution unless such guarantee constitutes a federally insured deposit or account.
(E)Clause (iv) of subparagraph (A) shall not apply to any guarantee by a Federal home loan bank unless such bank meets safety and soundness collateral requirements for such guarantees which are at least as stringent as such requirements which apply under regulations applicable to such guarantees by Federal home loan banks as in effect on April 9, 2008.
(F)A bond shall not be treated as federally guaranteed merely because of the payment of rent, user fees, or other charges by the United States (or any agency or instrumentality thereof) in exchange for the use of the spaceport by the United States (or any agency or instrumentality thereof).
(4)For purposes of this subsection—
(A)To the extent provided in regulations prescribed by the Secretary, any entity with statutory authority to borrow from the United States shall be treated as an instrumentality of the United States. Except in the case of an exempt facility bond, a qualified small issue bond, and a qualified student loan bond, nothing in the preceding sentence shall be construed as treating the District of Columbia or any possession of the United States as an instrumentality of the United States.
(B)The term “federally insured deposit or account” means any deposit or account in a financial institution to the extent such deposit or account is insured under Federal law by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, the National Credit Union Administration, or any similar federally chartered corporation.
(c)(1)Except as provided in paragraph (2), no interest on any bond shall be exempt from taxation under this title unless such interest is exempt from tax under this title without regard to any provision of law which is not contained in this title and which is not contained in a revenue Act.
(2)(A)For purposes of this title, notwithstanding any provision of this part, any bond the interest on which is exempt from taxation under this title by reason of any provision of law (other than a provision of this title) which is in effect on January 6, 1983, shall be treated as a bond described in section 103(a).
(B)Subparagraph (A) shall not apply to a bond (not described in subparagraph (C)) issued after 1983 if the appropriate requirements of this part (or the corresponding provisions of prior law) are not met with respect to such bond.
(C)A bond is described in this subparagraph (and treated as described in subparagraph (A)) if—
(i)such bond is issued pursuant to the Northwest Power Act (16 U.S.C. 839d), as in effect on July 18, 1984;
(ii)such bond is issued pursuant to section 608(a)(6)(A) of Public Law 97–468, as in effect on the date of the enactment of the Tax Reform Act of 1986; or
(iii)such bond is issued before June 19, 1984 under section 11(b) of the United States Housing Act of 1937.
(d)(1)Nothing in section 103(a) or in any other provision of law shall be construed to provide an exemption from Federal income tax for interest on any bond issued to advance refund another bond.
(2)For purposes of this part, a bond shall be treated as issued to advance refund another bond if it is issued more than 90 days before the redemption of the refunded bond.
(3)The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection.
(e)(1)Nothing in section 103(a) or any other provision of law shall be construed to provide an exemption from Federal income tax for interest on any bond unless such bond satisfies the requirements of paragraph (2).
(2)A bond satisfies the requirements of this paragraph if the issuer submits to the Secretary, not later than the 15th day of the 2d calendar month after the close of the calendar quarter in which the bond is issued (or such later time as the Secretary may prescribe with respect to any portion of the statement), a statement concerning the issue of which the bond is a part which contains—
(A)the name and address of the issuer,
(B)the date of issue, the amount of net proceeds of the issue, the stated interest rate, term, and face amount of each bond which is part of the issue, the amount of issuance costs of the issue, and the amount of reserves of the issue,
(C)where required, the name of the applicable elected representative who approved the issue, or a description of the voter referendum by which the issue was approved,
(D)the name, address, and employer identification number of—
(i)each initial principal user of any facility provided with the proceeds of the issue,
(ii)the common parent of any affiliated group of corporations (within the meaning of section 1504(a)) of which such initial principal user is a member, and
(iii)if the issue is treated as a separate issue under section 144(a)(6)(A), any person treated as a principal user under section 144(a)(6)(B),
(E)a description of any property to be financed from the proceeds of the issue,
(F)a certification by a State official designated by State law (or, where there is no such official, the Governor) that the bond meets the requirements of section 146 (relating to cap on private activity bonds), if applicable, and
(G)such other information as the Secretary may require.
(3)The Secretary may grant an extension of time for the filing of any statement required under paragraph (2) if the failure to file in a timely fashion is not due to willful neglect.
(f)(1)section 103(a) shall not apply to any pooled financing bond unless, with respect to the issue of which such bond is a part, the requirements of paragraphs (2), (3), (4), and (5) are met.
(2)(A)The requirements of this paragraph are met with respect to an issue if the issuer reasonably expects that—
(i)as of the close of the 1-year period beginning on the date of issuance of the issue, at least 30 percent of the net proceeds of the issue (as of the close of such period) will have been used directly or indirectly to make or finance loans to ultimate borrowers, and
(ii)as of the close of the 3-year period beginning on such date of issuance, at least 95 percent of the net proceeds of the issue (as of the close of such period) will have been so used.
(B)Expectations as to changes in interest rates or in the provisions of this title (or in the regulations or rulings thereunder) may not be taken into account in determining whether expectations are reasonable for purposes of this paragraph.
(C)For purposes of subparagraph (A), the term “net proceeds” has the meaning given such term by section 150 but shall not include proceeds used to finance issuance costs and shall not include proceeds necessary to pay interest (during such period) on the bonds which are part of the issue.
(D)For purposes of subparagraph (A), in the case of a refunding bond, the date of issuance taken into account is the date of issuance of the original bond.
(3)The requirements of this paragraph are met with respect to an issue if—
(A)the payment of legal and underwriting costs associated with the issuance of the issue is not contingent, and
(B)at least 95 percent of the reasonably expected legal and underwriting costs associated with the issuance of the issue are paid not later than the 180th day after the date of the issuance of the issue.
(4)(A)The requirement of this paragraph is met with respect to an issue if the issuer receives prior to issuance written loan commitments identifying the ultimate potential borrowers of at least 30 percent of the net proceeds of such issue.
(B)Subparagraph (A) shall not apply with respect to any issuer which—
(i)is a State (or an integral part of a State) issuing pooled financing bonds to make or finance loans to subordinate governmental units of such State, or
(ii)is a State-created entity providing financing for water-infrastructure projects through the federally-sponsored State revolving fund program.
(5)The requirement of this paragraph is met if to the extent that less than the percentage of the proceeds of an issue required to be used under clause (i) or (ii) of paragraph (2)(A) is used by the close of the period identified in such clause, the issuer uses an amount of proceeds equal to the excess of—
(A)the amount required to be used under such clause, over
(B)the amount actually used by the close of such period,
(6)For purposes of this subsection—
(A)The term “pooled financing bond” means any bond issued as part of an issue more than $5,000,000 of the proceeds of which are reasonably expected (at the time of the issuance of the bonds) to be used (or are intentionally used) directly or indirectly to make or finance loans to 2 or more ultimate borrowers.
(B)Such term shall not include any bond if—
(i)section 146 applies to the issue of which such bond is a part (other than by reason of section 141(b)(5)) or would apply but for section 146(i), or
(ii)section 143(l)(3) applies to such issue.
(7)(A)For purposes of this subsection, the term “loan” does not include—
(i)any loan which is a nonpurpose investment (within the meaning of section 148(f)(6)(A), determined without regard to section 148(b)(3)), and
(ii)any use of proceeds by an agency of the issuer unless such agency is a political subdivision or instrumentality of the issuer.
(B)If only a portion of the proceeds of an issue is reasonably expected (at the time of issuance of the bond) to be used (or is intentionally used) as described in paragraph (6)(A), such portion and the other portion of such issue shall be treated as separate issues for purposes of determining whether such portion meets the requirements of this subsection.
(g)(1)section 103(a) shall not apply to any hedge bond unless, with respect to the issue of which such bond is a part—
(A)the requirement of paragraph (2) is met, and
(B)the requirement of subsection (f)(3) is met.
(2)An issue meets the requirement of this paragraph if the issuer reasonably expects that—
(A)10 percent of the spendable proceeds of the issue will be spent for the governmental purposes of the issue within the 1-year period beginning on the date the bonds are issued,
(B)30 percent of the spendable proceeds of the issue will be spent for such purposes within the 2-year period beginning on such date,
(C)60 percent of the spendable proceeds of the issue will be spent for such purposes within the 3-year period beginning on such date, and
(D)85 percent of the spendable proceeds of the issue will be spent for such purposes within the 5-year period beginning on such date.
(3)(A)For purposes of this subsection, the term “hedge bond” means any bond issued as part of an issue unless—
(i)the issuer reasonably expects that 85 percent of the spendable proceeds of the issue will be used to carry out the governmental purposes of the issue within the 3-year period beginning on the date the bonds are issued, and
(ii)not more than 50 percent of the proceeds of the issue are invested in nonpurpose investments (as defined in section 148(f)(6)(A)) having a substantially guaranteed yield for 4 years or more.
(B)(i)Such term shall not include any bond issued as part of an issue 95 percent of the net proceeds of which are invested in bonds—
(I)the interest on which is not includible in gross income under section 103, and
(II)which are not specified private activity bonds (as defined in section 57(a)(5)(C)).
(ii)Amounts in a bona fide debt service fund shall be treated as invested in bonds described in clause (i).
(iii)Amounts held for not more than 30 days pending reinvestment or bond redemption shall be treated as invested in bonds described in clause (i).
(C)(i)A refunding bond shall be treated as meeting the requirements of this subsection only if the original bond met such requirements.
(ii)A refunding bond shall be treated as meeting the requirements of this subsection if—
(I)this subsection does not apply to the original bond,
(II)the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, and
(III)the amount of the refunding bond does not exceed the outstanding amount of the refunded bond.
(iii)A refunding bond shall be treated as meeting the requirements of this subsection if—
(I)this subsection does not apply to the original bond,
(II)the issuer reasonably expected that 85 percent of the spendable proceeds of the issue of which the original bond is a part would be used to carry out the governmental purposes of the issue within the 5-year period beginning on the date the original bonds were issued but did not reasonably expect that 85 percent of such proceeds would be so spent within the 3-year period beginning on such date, and
(III)at least 85 percent of the spendable proceeds of the original issue (and all other prior original issues issued to finance the governmental purposes of such issue) were spent before the date the refunding bonds are issued.
(4)For purposes of this subsection—
(A)The Secretary may, at the request of any issuer, provide that the requirement of paragraph (2) shall be treated as met with respect to the portion of the spendable proceeds of an issue which is to be used for any construction project having a construction period in excess of 5 years if it is reasonably expected that such proceeds will be spent over a reasonable construction schedule specified in such request.
(B)The rules of subsection (f)(2)(B) shall apply.
(5)The Secretary may prescribe regulations to prevent the avoidance of the rules of this subsection, including through the aggregation of projects within a single issue.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Northwest Power Act, referred to in subsecs. (b)(3)(A)(iii) and (c)(2)(C)(i), probably means the Pacific Northwest Electric Power Planning and Conservation Act, Pub. L. 96–501, Dec. 5, 1980, 94 Stat 2697, which is classified principally to chapter 12H (§ 839 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see
Short Title
note set out under section 839 of Title 16 and Tables. The date of the enactment of the Tax Reform Act of 1984, referred to in subsec. (b)(3)(A)(iii), is the date of enactment of Pub. L. 98–369, div. A, which was approved
July 18, 1984. The date of the enactment of this clause, referred to in subsec. (b)(3)(A)(iv), is the date of enactment of Pub. L. 110–289, which was approved
July 30, 2008. section 11(b) of the United States Housing Act of 1937, referred to in subsecs. (b)(3)(C)(i)(I) and (c)(2)(C)(iii), is classified to section 1473i(b) of Title 42, The Public Health and Welfare. section 608(a)(6)(A) of Pub. L. 97–468, referred to in subsec. (c)(2)(C)(ii), is classified to section 1207(a)(6)(A) of Title 45, Railroads. The date of the enactment of the Tax Reform Act of 1986, referred to in subsec. (c)(2)(C)(ii), is the date of enactment of Pub. L. 99–514, which was approved Oct. 22, 1986.
Amendments
2025—Subsec. (b)(3)(F). Pub. L. 119–21 added subpar. (F). 2018—Subsec. (b)(3)(A)(i). Pub. L. 115–141 substituted “Department of Veterans Affairs” for “Veterans’ Administration”. 2017—Subsec. (d)(1). Pub. L. 115–97, § 13532(a), substituted “to advance refund another bond.” for “as part of an issue described in paragraph (2), (3), or (4).” Subsec. (d)(2) to (7). Pub. L. 115–97, § 13532(b)(1), redesignated pars. (5) and (7) as (2) and (3), respectively, and struck out former pars. (2), (3), (4), and (6) which described issuing of certain private activity bonds, other refunding bonds, and bonds involved in abusive transactions and provided special rules for refunding occurring and for bonds issued before 1986. 2010—Subsec. (a)(2). Pub. L. 111–147 inserted “or” at end of subpar. (A), substituted period for “, or” in subpar. (B), and struck out subpar. (C) which read as follows: “is described in section 163(f)(2)(B).” 2008—Subsec. (b)(3)(A)(iv). Pub. L. 110–289, § 3023(a), added cl. (iv). Subsec. (b)(3)(E). Pub. L. 110–289, § 3023(b), added subpar. (E). 2006—Subsec. (f)(1). Pub. L. 109–222, § 508(d)(1), substituted “paragraphs (2), (3), (4), and (5)” for “paragraphs (2) and (3)”. Subsec. (f)(2)(A). Pub. L. 109–222, § 508(a), amended subpar. (A) generally. Prior to amendment, text read as follows: “The requirements of this paragraph are met with respect to an issue if the issuer reasonably expects that as of the close of the 3-year period beginning on the date of issuance of the issue, at least 95 percent of the net proceeds of the issue (as of the close of such period) will have been used directly or indirectly to make or finance loans to ultimate borrowers.” Subsec. (f)(4) to (6). Pub. L. 109–222, § 508(b), added pars. (4) and (5) and redesignated former par. (4) as (6). Former par. (5) redesignated (7). Subsec. (f)(7). Pub. L. 109–222, § 508(b), redesignated par. (5) as (7). Subsec. (f)(7)(B). Pub. L. 109–222, § 508(d)(2), substituted “paragraph (6)(A)” for “paragraph (4)(A)”. 1996—Subsec. (g)(3)(B)(iii). Pub. L. 104–188 amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “Investment earnings held pending reinvestment.—Investment earnings held for not more than 30 days pending reinvestment shall be treated as invested in bonds described in clause (i).” 1989—Subsec. (g). Pub. L. 101–239 added subsec. (g). 1988—Subsec. (b)(3)(A)(iii). Pub. L. 100–647, § 1013(a)(20), struck out “with respect to any bond issued before July 1, 1989” after “1984”. Subsec. (b)(4)(A). Pub. L. 100–647, § 1013(a)(21), substituted “and a qualified student loan bond” for “a qualified student loan bond, and a qualified redevelopment bond”. Subsec. (e)(3). Pub. L. 100–647, § 1013(a)(22), substituted “the failure to file in a timely fashion is not due to willful neglect” for “there is reasonable cause for the failure to file such statement in a timely fashion”. Subsec. (f). Pub. L. 100–647, § 5051(a), added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date
of 2025 AmendmentAmendment by Pub. L. 119–21 applicable to obligations issued after July 4, 2025, see section 70309(f) of Pub. L. 119–21, set out as a note under section 142 of this title.
Effective Date
of 2017 AmendmentAmendment by Pub. L. 115–97 applicable to advance refunding bonds issued after Dec. 31, 2017, see section 13532(c) of Pub. L. 115–97, set out as a note under section 148 of this title.
Effective Date
of 2010 Amendment Pub. L. 111–147, title V, § 502(f), Mar. 18, 2010, 124 Stat. 108, provided that: “The
Amendments
made by this section [amending this section, section 163, 165, 871, 881, 1287, and 4701 of this title, and section 3121 of Title 31, Money and Finance] shall apply to obligations issued after the date which is 2 years after the date of the enactment of this Act [Mar. 18, 2010].”
Effective Date
of 2008 Amendment Pub. L. 110–289, div. C, title I, § 3023(c), July 30, 2008, 122 Stat. 2895, provided that: “The
Amendments
made by this section [amending this section] shall apply to guarantees made after the date of the enactment of this Act [July 30, 2008].”
Effective Date
of 2006 AmendmentAmendment by Pub. L. 109–222 applicable to bonds issued after May 17, 2006, see section 508(e) of Pub. L. 109–222, set out as a note under section 148 of this title.
Effective Date
of 1996 Amendment Pub. L. 104–188, title I, § 1704(b)(2), Aug. 20, 1996, 110 Stat. 1878, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as if included in the
Amendments
made by section 7651 of the Omnibus Budget Reconciliation Act of 1989 [Pub. L. 101–239].”
Effective Date
of 1989 Amendment Pub. L. 101–239, title VII, § 7651(b), Dec. 19, 1989, 103 Stat. 2385, provided that: “(1) In general.—Except as otherwise provided in this subsection, the amendment made by subsection (a) [amending this section] shall apply to bonds issued after
September 14, 1989. “(2) Bonds sold before september 15, 1989.—The amendment made by subsection (a) shall not apply to any bond sold before
September 15, 1989, and issued before
October 15, 1989. “(3) Bonds with respect to which preliminary offering materials mailed.—The amendment made by subsection (a) shall not apply to any issue issued after the date of the enactment of this Act [Dec. 19, 1989] if the preliminary offering materials with respect to such issue were mailed (or otherwise delivered) to members of the underwriting syndicate before
September 15, 1989. “(4) Certain other bonds.—In the case of a bond issued before
January 1, 1991, with respect to which official action was taken (or a series of official actions were taken), or other comparable preliminary approval was given, before
November 18, 1989, demonstrating an intent to issue such bonds in a maximum specified amount for such issue or with a maximum specified amount of net proceeds of such issue, the issuer may elect to apply section 149(g)(2) of the Internal Revenue Code of 1986 (as added by this section) by substituting ‘15 percent’ for ‘10 percent’ in subparagraph (A) and ‘50 percent’ for ‘60 percent’ in subparagraph (C). “(5) Bonds issued to finance self-insurance funds.—The amendment made by subsection (a) shall not apply to any bonds issued before
July 1, 1990, to finance a self-insurance fund if official action was taken (or a series of official actions were taken), or other comparable preliminary approval was given, before
September 15, 1989, demonstrating an intent to issue such bonds in a maximum specified amount for such issue or with a maximum specified amount of net proceeds of such issue.”
Effective Date
of 1988 AmendmentAmendment by section 1013(a)(20)–(22) 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. Pub. L. 100–647, title V, § 5051(b), Nov. 10, 1988, 102 Stat. 3677, provided that: “(1) In general.—The amendment made by subsection (a) [amending this section] shall apply to bonds issued after
October 21, 1988. “(2) Special rule for refunding bonds.—In the case of a bond issued to refund a bond issued before
October 22, 1988—“(A) if the 3-year period described in section 149(f)(2)(A) of the 1986 Code would (but for this paragraph) expire on or before
October 22, 1989, such period shall expire on
October 21, 1990, and “(B) if such period expires after
October 22, 1989, the portion of the proceeds of the issue of which the refunded bond is a part which is available (on the date of issuance of the refunding issue) to provide loans shall be treated as proceeds of a separate issue (issued after
October 21, 1988) for purposes of applying section 149(f) of the 1986 Code.”
Effective Date
Subsec. (e) applicable to bonds issued after Dec. 31, 1986, see section 1311(d) of Pub. L. 99–514, as amended, set out as an
Effective Date
Transitional Rules note under section 141 of this title.
Transfer of Functions
Federal Savings and Loan Insurance Corporation abolished and its functions transferred, see sections 401 to 406 of Pub. L. 101–73 set out as a note under section 1437 of Title 12, Banks and Banking.
Reference
Citations & Metadata
Citation
26 U.S.C. § 149
Title 26 — Internal Revenue Code
Last Updated
Apr 6, 2026
Release point: 119-73