Page:United States Statutes at Large Volume 114 Part 5.djvu/647

 PUBLIC LAW 106-554—APPENDIX G 114 STAT. 2763A-607 "(D) any equity investment in, or loan to, any qualified community development entity. " (2) QUALIFIED ACTIVE LOW-INCOME COMMUNITY BUSI- NESS.— "(A) IN GENERAL. —For purposes of paragraph (1), the term 'qualified active low-income community business' means, with respect to any taxable year, any corporation (including a nonprofit corporation) or partnership if for such year— "(i) at least 50 percent of the total gross income of such entity is derived from the active conduct of a qualified business within any low-income community, "(ii) a substantial portion of the use of the tangible property of such entity (whether owned or leased) is within any low-income community, "(iii) a substantial portion of the services performed for such entity by its employees are performed in any low-income community, "(iv) less than 5 percent of the average of the aggregate unadjusted bases of the property of such entity is attributable to collectibles (as defined in section 408(m)(2)) other than collectibles that are held primarily for sale to customers in the ordinary course of such business, and "(v) less than 5 percent of the average of the aggregate unadjusted bases of the property of such entity is attributable to nonqualified financial property (as defined in section 1397C(e)). "(B) PROPRIETORSHIP.—Such term shall include any business carried on by an individual as a proprietor if such business would meet the requirements of subparagraph (A) were it incorporated. "(C) PORTIONS OF BUSINESS MAY BE QUALIFIED ACTIVE LOW-INCOME COMMUNITY BUSINESS. —The term 'qualified active low-income community business' includes any trades or businesses which would qualify as a qualified active low-income community business if such trades or businesses were separately incorporated. "(3) QUALIFIED BUSINESS.— For purposes of this subsection, the term 'qualified business' has the meaning given to such term by section 1397C(d); except that— "(A) in lieu of applying paragraph (2)(B) thereof, the rental to others of real property located in any low-income community shall be treated as a qualified business if there are substantial improvements located on such property, and "(B) paragraph (3) thereof shall not apply. "(e) LOW-INCOME COMMUNITY.—For purposes of this section— "(1) IN GENERAL.—The term 'low-income community' means any population census tract if— "(A) the poverty rate for such tract is at least 20 percent, or "(B)(i) in the case of a tract not located within a metropolitan area, the median family income for such tract does not exceed 80 percent of statewide median family income, or

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