the holding period for the Residual Securities. Those financial institutions include banks, mutual
savings banks, cooperative banks, domestic building and loan institutions, savings and loan
institutions, and similar institutions.
Disposition of Residual Securities
A Residual Holder will recognize gain or loss on the disposition of his Residual Secur ity
equal to the difference between the amount of proceeds (or the fair market value of any property)
received and his adjusted basis in the Residual Security. If the Holder has held the Residual
Security for more than the applicable holding period, such gain or loss generally will be
characterized as long-term capital gain or loss. In the case of banks, Thrift Institutions, and
certain other financial institutions, however, gain or loss on the disposition of a Residual Security
will be treated as ordinary gain or loss, regardless of the length of the holding period. See
Gain or Loss on Disposition and Limitations on Offset or Exemption of REMIC Income
Special Considerations for Certain Types of Investors.
A special version of the wash sale rules will apply to dispositions of Residual Securities.
Under that version, losses on dispositions of Residual Securities generally will be disallowed
where, within six months before or after the disposition, the seller of such Securities acquires any
residual interest in a REMIC or any interest in a taxable mortgage pool. Regulations providing
for appropriate exceptions to the application of the wash sale rules have been authorized, but
have not yet been promulgated.
Liquidation of the REMIC
A REMIC may liquidate without the imposition of entity-level tax only in a qualified
liquidation. A liquidation is considered a qualified liquidation if the REMIC (i) adopts a plan of
complete liquidation, (ii) sells all of its non-cash assets within 90 days of the date on which it
adopts the plan, and (iii) credits or distributes in liquidation all of the sale proceeds plus its cash
(other than amounts retained to meet claims against it) to its Holders within the 90-day period.
Under the REMIC Regulations, a plan of liquidation need not be in any special form.
Furthermore, if a REMIC specifies the first day in the 90-day liquidation period in a statement
attached to its final tax return, the REMIC will be considered to have adopted a plan of
liquidation on that date.
Treatment by the Trust REMIC of Original Issue Discount, Market Discount, and
Amortizable Premium
Original Issue Discount. Generally, a Trust REMICs deductions for OID expense on its
Regular Securities will be determined in the same manner as for determining the OID income of
the Holders of such Securities as described in Tax Treatment of Regular SecuritiesOriginal
Issue Discount above, without regard to the de minimis rule described in that section.
Market Discount. In general, a Pooling REMIC or, in the case of a Series involving only
a single Trust REMIC, that Trust REMIC (a Single Trust REMIC) will be considered to have
acquired the mortgage loans underlying its Trust Assets with market discount if the basis of the
Trust REMIC in such mortgage loans is exceeded by their adjusted issue prices by more than a
statutory de minimis amount. The Trust REMICs aggregate initial basis in such mortgage loans
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