Pub. L. 110-234, tit. XV, subtit. C, pt. III, sec. 15342

ALLOWANCE OF SECTION 1031 TREATMENT FOR EXCHANGES INVOLVING CERTAIN MUTUAL DITCH, RESERVOIR, OR IRRIGATION COMPANY STOCK.

EnactedYear: 2008Length: 176 wordsOfficial source
SEC. 15342. ALLOWANCE OF SECTION 1031 TREATMENT FOR EXCHANGES INVOLVING CERTAIN MUTUAL DITCH, RESERVOIR, OR IRRIGATION COMPANY STOCK.(a) In General.—Section 1031 (relating to exchange of property held for productive use or investment) is amended by adding at the end the following new subsection:“(i) Special Rules for Mutual Ditch, Reservoir, or Irrigation Company Stock.—For purposes of subsection (a)(2)(B), the term ‘stocks’ shall not include shares in a mutual ditch, reservoir, or irrigation company if at the time of the exchange—“(1) the mutual ditch, reservoir, or irrigation company is an organization described in section 501(c)(12)(A) (determined without regard to the percentage of its income that is collected from its members for the purpose of meeting losses and expenses), and“(2) the shares in such company have been recognized by the highest court of the State in which such company was organized or by applicable State statute as constituting or representing real property or an interest in real property.”.(b) Effective Date.—The amendment made by this section shall apply to exchanges completed after the date of the enactment of this Act.