Title 26Internal Revenue CodeRelease 119-73

§860A Taxation of REMIC’s

Title 26 › Subtitle Subtitle A— - Income Taxes › Chapter CHAPTER 1— - NORMAL TAXES AND SURTAXES › Subchapter Subchapter M— - Regulated Investment Companies and Real Estate Investment Trusts › Part PART IV— - REAL ESTATE MORTGAGE INVESTMENT CONDUITS › § 860A

Last updated Apr 6, 2026|Official source

Summary

REMICs are not taxed directly under the federal income tax rules and are not treated as a corporation, partnership, or trust for those rules, except where other rules in this part say otherwise. Instead, the REMIC’s income is taxed to the people or entities that own interests in the REMIC, as explained in this part.

Full Legal Text

Title 26, §860A

Internal Revenue Code — Source: USLM XML via OLRC

(a)Except as otherwise provided in this part, a REMIC shall not be subject to taxation under this subtitle (and shall not be treated as a corporation, partnership, or trust for purposes of this subtitle).
(b)The income of any REMIC shall be taxable to the holders of interests in such REMIC as provided in this part.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1988—Subsec. (a). Pub. L. 100–647 substituted “this subtitle” for “this chapter” in two places.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment 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

Pub. L. 99–514, title VI, § 675(a)–(c), Oct. 22, 1986, 100 Stat. 2320, as amended by Pub. L. 100–647, title I, § 1006(w)(1), Nov. 10, 1988, 102 Stat. 3427, provided that: “(a) General Rule.—Except as otherwise provided in this section, the

Amendments

made by this subtitle [subtitle H (§§ 671–675) of title VI of Pub. L. 99–514, enacting this part and amending section 582, 593, 856, 1272, 6049, and 7701 of this title] shall take effect on
January 1, 1987. “(b) Rules for Accruing Original Issue Discount.—The amendment made by section 672 [amending section 1272 of this title] shall apply to debt instruments issued after
December 31, 1986, in taxable years ending after such date. “(c) Treatment of Taxable Mortgage Pools.—“(1) In general.—The amendment made by section 673 [amending section 7701 of this title] shall take effect on
January 1, 1992. “(2) Treatment of existing entities.—The amendment made by section 673 shall not apply to any entity in existence on
December 31, 1991. The preceding sentence shall cease to apply with respect to any entity as of the 1st day after
December 31, 1991, on which there is a substantial transfer of cash or other property to such entity. “(3) Special rule for coordination with wash-sale rules.—Notwithstanding paragraphs (1) and (2), for purposes of applying section 860F(d) of the Internal Revenue Code of 1986 (as added by this part [this subtitle]), the amendment made by section 673 shall apply to taxable years beginning after
December 31, 1986.” Study of

Amendments

by Pub. L. 99–514 Pub. L. 99–514, title VI, § 675(d), as added by Pub. L. 100–647, title I, § 1006(w)(2), Nov. 10, 1988, 102 Stat. 3427, directed Secretary of the Treasury to conduct a study of the operation of the

Amendments

made by this part [this subtitle] and their competitive impact on savings and loan institutions and similar financial institutions and, not later than Jan. 1, 1990, report to Congress, prior to repeal by Pub. L. 101–508, title XI, § 11832(5), Nov. 5, 1990, 104 Stat. 1388–559.

Reference

Citations & Metadata

Citation

26 U.S.C. § 860A

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73