Qualified tender option bonds.

CFR · 2024-01-01 · US · Title 12

(a) (i) Such entity is collateralized solely by servicing assets and by municipal securities that have the same municipal issuer and the same underlying obligor or source of payment (determined without regard to any third-party credit enhancement), and such municipal securities are not subject to substitution. (ii) Such entity issues no securities other than: (A) A single class of tender option bonds with a preferred variable return payable out of capital that meets the requirements of paragraph (b) of this section, and (B) One or more residual equity interests that, in the aggregate, are entitled to all remaining income of the issuing entity. (C) The types of securities referred to in paragraphs (ii)(A) and (B) of this definition must constitute asset-backed securities. (iii) The municipal securities held as assets by such entity are issued in compliance with Section 103 of the Internal Revenue Code of 1986, as amended (the “IRS Code”, 26 U.S.C. 103), such that the interest payments made on those securities are excludable from the gross income of the owners under Section 103 of the IRS Code. (iv) The terms of all of the securities issued by the entity are structured so that all holders of such securities who are eligible to exclude interest received on such securities will be able to exclude that interest from gross income pursuant to Section 103 of the IRS Code or as “exempt-interest dividends” pursuant to Section 852(b)(5) of the IRS Code (26 U.S.C. 852(b)(5)) in the case

official document · source cfr-2024 · id 12:§ 1234.10