§1394. Tax-exempt enterprise zone facility bonds
(a) In general
For purposes of part IV of subchapter B of this chapter (relating to tax exemption requirements for State and local bonds), the term "exempt facility bond" includes any bond issued as part of an issue 95 percent or more of the net proceeds (as defined in section 150(a)(3)) of which are to be used to provide any enterprise zone facility.
(b) Enterprise zone facility
For purposes of this section-
(1) In general
The term "enterprise zone facility" means any qualified zone property the principal user of which is an enterprise zone business, and any land which is functionally related and subordinate to such property.
(2) Qualified zone property
The term "qualified zone property" has the meaning given such term by section 1397C; except that the references to empowerment zones shall be treated as including references to enterprise communities.
(3) Enterprise zone business
The term "enterprise zone business" has the meaning given to such term by section 1397B, except that-
(A) references to empowerment zones shall be treated as including references to enterprise communities, and
(B) such term includes any trades or businesses which would qualify as an enterprise zone business (determined after the modification of subparagraph (A)) if such trades or businesses were separately incorporated.
(c) Limitation on amount of bonds
(1) In general
Subsection (a) shall not apply to any issue if the aggregate amount of outstanding enterprise zone facility bonds allocable to any person (taking into account such issue) exceeds-
(A) $3,000,000 with respect to any 1 empowerment zone or enterprise community, or
(B) $20,000,000 with respect to all empowerment zones and enterprise communities.
(2) Aggregate enterprise zone facility bond benefit
For purposes of subparagraph (A), the aggregate amount of outstanding enterprise zone facility bonds allocable to any person shall be determined under rules similar to the rules of section 144(a)(10), taking into account only bonds to which subsection (a) applies.
(d) Acquisition of land and existing property permitted
The requirements of sections 147(c)(1)(A) and 147(d) shall not apply to any bond described in subsection (a).
(e) Penalty for ceasing to meet requirements
(1) Failures corrected
An issue which fails to meet 1 or more of the requirements of subsections (a) and (b) shall be treated as meeting such requirements if-
(A) the issuer and any principal user in good faith attempted to meet such requirements, and
(B) any failure to meet such requirements is corrected within a reasonable period after such failure is first discovered.
(2) Loss of deductions where facility ceases to be qualified
No deduction shall be allowed under this chapter for interest on any financing provided from any bond to which subsection (a) applies with respect to any facility to the extent such interest accrues during the period beginning on the first day of the calendar year which includes the date on which-
(A) substantially all of the facility with respect to which the financing was provided ceases to be used in an empowerment zone or enterprise community, or
(B) the principal user of such facility ceases to be an enterprise zone business (as defined in subsection (b)).
(3) Exception if zone ceases
Paragraphs (1) and (2) shall not apply solely by reason of the termination or revocation of a designation as an empowerment zone or an enterprise community.
(4) Exception for bankruptcy
Paragraphs (1) and (2) shall not apply to any cessation resulting from bankruptcy.
(Added
Prior Provisions
A prior section 1394, added
A prior section 1395, added