Public Law 88–9

section 163 of the Internal Revenue Code of 1954 (relating to deduction for interest) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection:

“(c)“(c)

Redeemable Ground Rents.—

For purposes of this subtitle, any annual or periodic rental under a redeemable ground rent (excluding amounts in redemption thereof) shall be treated as interest on an indebtedness secured by a mortgage.”

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Part IV of subchapter O of chapter 1 of such Code (relating to special rules for determining gain or loss on disposition of property) is amended by redesignating section 1055 as section 1056 and by

68A Stat. 311; 74 Stat. 1003.

26 USC 1055.

inserting after section 1054 the following new section:

“SEC. 1055. REDEEMABLE GROUND RENTS.

“(a)“(a)

Character.—

For purposes of this subtitle—

“(1)“(1)

a redeemable ground rent, shall be treated as being in the nature of a mortgage, and

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“(2)“(2)

real property field subject to liabilities under a redeemable ground rent shall be treated as held subject to liabilities under a mortgage.

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“(b)“(b)

Application of Subsection (a).—

“(1)“(1)

In general.—

Subsection (a) shall take effect on the day after the date of the enactment of this section and shall apply with respect to taxable years ending after such date of enactment.

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“(2)“(2)

Basis of holder.—

In determining the basis of real property held subject, to liabilities under a redeemable ground rent, subsection (a) shall apply whether such real property was acquired before or after the enactment of this section.

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“(3)“(3)

Basis of reserved redeemable ground rent.—

In the case of a redeemable ground rent reserved or created on or before the date of the enactment of this section in connection with a transfer of the right to hold real property subject to liabilities under such ground rent, the basis of such ground rent after such date in the hands of the person who reserved or created the ground rent shall be the amount, taken into account in respect of such ground rent for Federal income tax purposes as consideration for the disposition of such real property. If no such amount was taken into account, such basis shall be determined as if this section had not been enacted.

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“(c)“(c)

Redeemable Ground Rent Defined.—

For purposes of this

“Redeemable ground rent.”

subtitle, the term ‘redeemable ground rent’ means only a ground rent with respect to which—

“(1)“(1)

there is a lease of land which is assignable by the lessee without the consent of the lessor and which (together with periods for which the lease may be renewed at the option of the lessee) is for a term in excess of 15 years,

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“(2)“(2)

the leaseholder has a present or future right to terminate, and to acquire the entire interest of the lessor in the land, by payment of a determined or determinable amount, which right exists by virtue of State or local law and not because of any private agreement or privately created condition, and

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“(3)“(3)

the lessor’s interest in the land is primarily a security interest to protect the rental payments to which the lessor is entitled under the lease.

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“(d)“(d)

Cross Reference.—

“For treatment of rentals under redeemable ground rents as interest, see section 163(c).”

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Section 163(d) of such Code (as redesignated by subsection (a) of this section) is amended by adding at the end thereof the following new paragraph:

“(5)“(5)

For treatment of redeemable ground rents and real property held subject to liabilities under redeemable ground rents, see section 1055.”

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The table of sections for part IV of subchapter O of chapter 1 of such Code is amended by striking out

and inserting in lieu thereof the following: