Base Offering Circular - Multifamily
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regarding excess inclusion income will apply to a Residual Holder that is a RIC, common trust
fund, or one of certain corporations doing business as a cooperative.
A Residual Security held by a REIT will be treated as a real estate asset for purposes of
the REIT qualification requirements in the same proportion that the Trust REMICs assets would
be treated as real estate assets if held directly by the REIT, and interest income derived from such
Residual Security will be treated as qualifying interest income for REIT purposes (Qualifying
REIT Interest) to the same extent. If 95% or more of a Trust REMICs assets qualify as real
estate assets for REIT purposes, 100% of that Trust REMICs regular and residual interests
(including Residual Securities) will be treated as real estate assets for REIT purposes, and all of
the income derived from such interests will be treated as Qualifying REIT Interest. The REMIC
Regulations provide that payments of principal and interest on the qualified mortgages held by a
Trust REMIC that are reinvested pending distribution to the Holders of the related REMICs
Securities constitute real estate assets for REIT purposes. Multiple Trust REMICs that are part
of a tiered structure (as in the case of a Double REMIC Series) will be treated as one REMIC for
purposes of determining the percentage of the assets of each Trust REMIC that constitutes real
estate assets. It is expected that at least 95% of the assets of a Trust REMIC will be real estate
assets throughout the Trust REMICs life. The amount treated as a real estate asset in the case of
a Residual Security apparently is limited to the REITs adjusted basis in the Security.
Partnerships. Partners in a partnership that acquires a Residual Security generally must
take into account their allocable share of any income, including excess inclusion income, that is
produced by the Residual Security. The partnership itself is not subject to tax on income from
the Residual Security other than any excess inclusion income that is allocable to partnership
interests owned by Disqualified Organizations.
Foreign Residual Holders. Residual Securities may not be transferred to a Non-U.S.
Person.
Banks and certain other financial institutions. Residual Securities will be treated as
qualifying real property loans and loans secured by interests in real property for DB&Ls in the
same proportion that the assets of the Trust REMIC would be so treated. However, if 95% or
more of the assets of a given Trust REMIC are qualifying assets for DB&Ls, 100% of that Trust
REMICs regular and residual interests (including Residual Securities) would be treated as
qualifying assets. In addition, the REMIC Regulations provide that payments of principal and
interest on the qualified mortgages held by a Trust REMIC that are reinvested pending their
distribution to the Holders of the Securities will be treated as qualifying real property loans for
DB&Ls. Moreover, multiple Trust REMICs that are part of a tiered structure will be treated as
one REMIC for purposes of determining the percentage of the assets of each Trust REMIC that
constitute qualifying assets for DB&L purposes. It is expected that at least 95% of the assets of
any Trust REMIC will be qualifying assets for DB&Ls throughout the Trust REMICs life. The
amount of a Residual Security treated as a qualifying asset for DB&Ls, however, cannot exceed
the Holders adjusted basis in that Residual Security.
Generally, gain or loss arising from the sale or exchange of Residual Securities held by
certain financial institutions will give rise to ordinary income or loss, regardless of the length of