12 USC 5261 – Gain or loss from sale or exchange of certain preferred stock
(a) In general
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) Applicable preferred stock
Terms Used In 12 USC 5261
- association: when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association" in like manner as if these last-named words, or words of similar import, were expressed. See 1 USC 5
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
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) Applicable financial institution
For purposes of this section:
(1) In general
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) Special rules for certain sales
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) Special rule for certain property not held on September 6, 2008
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) Regulatory authority
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) Effective date
This section shall apply to sales or exchanges occurring after December 31, 2007, in taxable years ending after such date.