§ 37a. Definitions

Statutory text

For purposes of this section and section 37 of this title:

Antitrust laws

The term “antitrust laws” has the meaning given it in subsection (a) of section 12 of this title, except that such term includes section 45 of this title to the extent that such section 45 applies to unfair methods of competition.

Charitable remainder trust

The term “charitable remainder trust” has the meaning given it in section 664(d) of title 26.

Charitable gift annuity

The term “charitable gift annuity” has the meaning given it in section 501(m)(5) of title 26.

Final determination

The term “final determination” includes an Internal Revenue Service determination, after exhaustion of donor’s and donee’s administrative remedies, disallowing the donor’s charitable deduction for the year in which the initial contribution was made because of the donee’s failure to comply at such time with the requirements of section 501(m)(5) or 664(d), respectively, of title 26.

Person

The term “person” has the meaning given it in subsection (a) of section 12 of this title.

State

The term “State” has the meaning given it in section 15g(2) of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1995
Charitable Gift Annuity Antitrust Relief Act of 1995
Pub. L. 104–63 § 3 · 109 Stat. 687
Enacted · 15 U.S.C. § 37a
Pub. L. 104–63, § 3, Dec. 8, 1995, 109 Stat. 687
Source evidence
Code source credit
Pub. L. 104–63, § 3, Dec. 8, 1995, 109 Stat. 687
Enacted provision · exact public law section
SEC. 3. DEFINITIONS. For purposes of this Act: (1) Annuity rate.— The term “annuity rate” means the percentage of the fair market value of a gift (determined as of the date of the gift) given in exchange for a charitable gift annuity, that represents the amount of the annual payment to be made to 1 or 2 annuitants over the life of either or both under the terms of the agreement to give such gift in exchange for such annuity. (2) Antitrust laws.— The term “antitrust laws” has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition. (3) Charitable gift annuity.— The term “charitable gift annuity has the meaning given it in section 501(m)(5) of the Internal Revenue Code of 1986 (26 U.S.C. 501(m)(5)). (4) Person.— The term “person” has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)). (5) State.— The term “State” has the meaning given it in section 4G(2) of the Clayton Act (15 U.S.C. 15g(2)).
1997
Charitable Donation Antitrust Immunity Act of 1997
Pub. L. 105–26 § 2(2)(A) · 111 Stat. 241
1. Added · 15 U.S.C. § 37a(1); 15 U.S.C. § 37a(2)
  Pub. L. 105–26, § 2(2)(A)–(C), added par. (2)
2. Redesignated · 15 U.S.C. § 37a(1); 15 U.S.C. § 37a(2)
  Pub. L. 105–26, § 2(2)(A)–(C), redesignated former par. (2) as (1)
3. Struck · 15 U.S.C. § 37a(1); 15 U.S.C. § 37a(2)
  Pub. L. 105–26, § 2(2)(A)–(C), struck out heading and text of former par. (1). Text read as follows: “The term ‘annuity rate’ means the percentage of the fair market value of a gift (determined as of the date of the gift) given in exchange for a charitable gift annuity, that represents the amount of the annual payment to be made to 1 or 2 annuitants over the life of either or both under the terms of the agreement to give such gift in exchange for such annuity.”
Source evidence
Code amendment note
Pars. (1), (2). Pub. L. 105–26, § 2(2)(A)–(C), added par. (2), redesignated former par. (2) as (1), and struck out heading and text of former par. (1). Text read as follows: “The term ‘annuity rate’ means the percentage of the fair market value of a gift (determined as of the date of the gift) given in exchange for a charitable gift annuity, that represents the amount of the annual payment to be made to 1 or 2 annuitants over the life of either or both under the terms of the agreement to give such gift in exchange for such annuity.”
Enacted provision · exact public law section
(A) by striking paragraph (1);
Effective date note
Amendment by Pub. L. 105–26 applicable with respect to all conduct occurring before, on, or after July 3, 1997, and applicable in all administrative and judicial actions pending on or commenced after July 3, 1997, see section 3 of Pub. L. 105–26, set out as a note under section 37 of this title.
1997
Charitable Donation Antitrust Immunity Act of 1997
Pub. L. 105–26 § 2(2)(D) · 111 Stat. 241
1. Added · 15 U.S.C. § 37a(4)(6)
  Pub. L. 105–26, § 2(2)(D), (E), added par. (4)
2. Redesignated · 15 U.S.C. § 37a(4)(6)
  Pub. L. 105–26, § 2(2)(D), (E), redesignated former pars. (4) and (5) as (5) and (6), respectively
Source evidence
Code amendment note
Pars. (4) to (6). Pub. L. 105–26, § 2(2)(D), (E), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.
Enacted provision · exact public law section
(D) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
Effective date note
Amendment by Pub. L. 105–26 applicable with respect to all conduct occurring before, on, or after July 3, 1997, and applicable in all administrative and judicial actions pending on or commenced after July 3, 1997, see section 3 of Pub. L. 105–26, set out as a note under section 37 of this title.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Amendments

1997—Pars. (1), (2). Pub. L. 105–26, § 2(2)(A)–(C), added par. (2), redesignated former par. (2) as (1), and struck out heading and text of former par. (1). Text read as follows: “The term ‘annuity rate’ means the percentage of the fair market value of a gift (determined as of the date of the gift) given in exchange for a charitable gift annuity, that represents the amount of the annual payment to be made to 1 or 2 annuitants over the life of either or both under the terms of the agreement to give such gift in exchange for such annuity.”

Pars. (4) to (6). Pub. L. 105–26, § 2(2)(D), (E), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–26 applicable with respect to all conduct occurring before, on, or after July 3, 1997, and applicable in all administrative and judicial actions pending on or commenced after July 3, 1997, see section 3 of Pub. L. 105–26, set out as a note under section 37 of this title.

Effective Date

Section applicable with respect to conduct occurring before, on, or after Dec. 8, 1995, see section 4 of Pub. L. 104–63, set out as a note under section 37 of this title.

Credits

1995–1997 · 2 acts

1995Pub. L. 104–63, § 3, Dec. 8, 1995, 109 Stat. 687
1997Pub. L. 105–26, § 2(2), July 3, 1997, 111 Stat. 242.

Show as published

(Pub. L. 104–63, § 3, Dec. 8, 1995, 109 Stat. 687; Pub. L. 105–26, § 2(2), July 3, 1997, 111 Stat. 242.)