26 USC § 860A - Taxation of Remic’s

---
identifier: "/us/usc/t26/s860A"
source: "usc"
legal_status: "official_prima_facie"
title: "26 USC § 860A - Taxation of REMIC’s"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
section_number: "860A"
section_name: "Taxation of REMIC’s"
chapter_number: 1
chapter_name: "NORMAL TAXES AND SURTAXES"
subchapter_number: "M"
subchapter_name: "Regulated Investment Companies and Real Estate Investment Trusts"
part_number: "IV"
part_name: "REAL ESTATE MORTGAGE INVESTMENT CONDUITS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 99–514, title VI, § 671(a), Oct. 22, 1986, 100 Stat. 2309; amended Pub. L. 100–647, title I, § 1006(t)(20), Nov. 10, 1988, 102 Stat. 3426.)"
---


# § 860A. Taxation of REMIC’s

**(a)** **General rule** Except as otherwise provided in this part, a REMIC shall not be subject to taxation under this subtitle (and shall not be treated as a corporation, partnership, or trust for purposes of this subtitle).

**(b)** **Income taxable to holders** The income of any REMIC shall be taxable to the holders of interests in such REMIC as provided in this part.

---

**Source Credit**: (Added Pub. L. 99–514, title VI, § 671(a), Oct. 22, 1986, 100 Stat. 2309; amended Pub. L. 100–647, title I, § 1006(t)(20), Nov. 10, 1988, 102 Stat. 3426.)

## Editorial Notes

### Amendments

1988—Subsec. (a).  substituted “this subtitle” for “this chapter” in two places.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1988 Amendment

Amendment by  effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see , set out as a note under .

### Effective Date

> **“(a)** **General Rule.—** Except as otherwise provided in this section, the amendments made by this subtitle [subtitle H (§§ 671–675) of title VI of Pub. L. 99–514, enacting this part and amending sections 582, 593, 856, 1272, 6049, and 7701 of this title] shall take effect on January 1, 1987.
> 
> **“(b)** **Rules for Accruing Original Issue Discount.—** The amendment made by section 672 [amending section 1272 of this title] shall apply to debt instruments issued after December 31, 1986, in taxable years ending after such date.
> 
> **“(c)** **Treatment of Taxable Mortgage Pools.—**
> 
> **“(1)** **In general.—** The amendment made by section 673 [amending section 7701 of this title] shall take effect on January 1, 1992.
> 
> **“(2)** **Treatment of existing entities.—** The amendment made by section 673 shall not apply to any entity in existence on December 31, 1991. The preceding sentence shall cease to apply with respect to any entity as of the 1st day after December 31, 1991, on which there is a substantial transfer of cash or other property to such entity.
> 
> **“(3)** **Special rule for coordination with wash-sale rules.—** Notwithstanding paragraphs (1) and (2), for purposes of applying section 860F(d) of the Internal Revenue Code of 1986 (as added by this part [this subtitle]), the amendment made by section 673 shall apply to taxable years beginning after December 31, 1986.”

–(c), , , as amended by , , , provided that:

### Study of Amendments by Pub. L. 99–514

, as added by , , , directed Secretary of the Treasury to conduct a study of the operation of the amendments made by this part [this subtitle] and their competitive impact on savings and loan institutions and similar financial institutions and, not later than , report to Congress, prior to repeal by , , .