AMENDMENTS RELATED TO TITLE XVI OF THE REFORM ACT.

SEC. 1016. AMENDMENTS RELATED TO TITLE XVI OF THE REFORM ACT. (a) Amendments Related to Section 1603 of the Reform Act.— (1) (A) Subparagraph (A) of section 501(c)(25) of the 1986 Code is amended by adding at the end thereof the following new sentence: “For purposes of clause (iii), the term ‘real property’ shall not include any interest as a tenant in common (or similar interest) and shall not include any indirect interest.” (B) The amendment made by subparagraph (A) shall apply with respect to property acquired by the organization after June 10, 1987, except that such amendment shall not apply to any property acquired after June 10, 1987, pursuant to a binding written contract in effect on June 10, 1987, and at all times thereafter before such acquisition. 102 STAT. 3574 (2) Subparagraph (D) of section 501(c)(25) of the 1986 Code is amended by striking out so much of such subparagraph as precedes clause (i) and inserting in lieu thereof the following: “(D) A corporation or trust shall in no event be treated as described in subparagraph (A) unless such corporation or trust permits its shareholders or beneficiaries—”. (3) (A) Paragraph (25) of section 501(c) of the 1986 Code is amended by adding at the end thereof the following new subparagraph: “(E) (i) For purposes of this title— “(I) a corporation which is a qualified subsidiary shall not be treated as a separate corporation, and “(II) all assets, liabilities, and items of income, deduction, and credit of a qualified subsidiary shall be treated as assets, liabilities, and such items (as the case may be) of the corporation or trust described in sub-paragraph (A). “(ii) For purposes of this subparagraph, the term ‘qualified subsidiary’ means any corporation if, at all times during the period such corporation was in existence, 100 percent of the stock of such corporation is held by the corporation or trust described in subparagraph (A). “(iii) For purposes of this subtitle, if any corporation which was a qualified subsidiary ceases to meet the requirements of clause (ii), such corporation shall be treated as a new corporation acquiring all of its assets (and assuming all of its liabilities) immediately before such cessation from the corporation or trust described in subparagraph (A) in exchange for its stock” (B) Subparagraph (C) of section 501(c)(25) of the 1986 Code is amended by inserting “or” at the end of clause (iii), by striking out “, or” at the end of clause (iv) and inserting in lieu thereof a period, and by striking out clause (v). (4) Paragraph (25) of section 501(c) of the 1986 Code is amended by adding at the end thereof the following new subparagraph: “(F) For purposes of subparagraph (A), the term ‘real property’ includes any personal property which is leased under, or in connection with, a lease of real property, but only if the rent attributable to such personal property (determined under the rules of section 856(d)(1)) for the taxable year does not exceed 15 percent of the total rent for the taxable year attributable to both the real and personal property leased under, or in connection with, such lease.” (5) (A) Paragraph (9) of section 514(c) of the 1986 Code is amended by adding at the end thereof the following new subparagraph: “(E) Special rules for organizations described in section 501(c)(25).— “(i) In general.— In computing under section 512 the unrelated business taxable income of a disqualified holder of an interest in an organization described in section 501(c)(25), there shall be taken into account— “(I) as gross income derived from an unrelated trade or business, such holder’s pro rata share of the items of income described in clause iii)(1) of such organization, and 102 STAT. 3575 “(II) as deductions allowable in computing unrelated business taxable income, such holder’s pro rata share of the items of deduction described in clause (ii)(II) of such organization. Such amounts shall be taken into account for the taxable year of the holder in which (or with which) the taxable year of such organization ends. “(ii) Description of amounts.—For purposes of clause (i)— “(I) gross income is described in this clause to the extent such income would (but for this paragraph) be treated under subsection (a) as derived from an unrelated trade or business, and “(II) any deduction is described in this clause to the extent it would (but for this paragraph) be allowable under subsection (a)(2) in computing unrelated business taxable income. “(iii) Disqualified holder.—For purposes of this subparagraph, the term ‘disqualified holder’ means any shareholder (or beneficiary) which is not described in clause (i) or (ii) of subparagraph (C).” (B) The amendment made by subparagraph (A) shall apply with respect to interests in the organization acquired after June 10, 1987, except that such amendment shall not apply to any such interest acquired after June 10, 1987, pursuant to a binding written contract in effect on June 10, 1987, and at all times thereafter before such acquisition. (6) The last sentence of section 514(c)(6)(B) of the 1986 Code is amended by striking out “clause (vi)” and inserting in lieu thereof “this paragraph”. (b) Repeal of Section 1608 of the Reform Act.—Section 1608 of the Reform Act is hereby repealed.