Page:United States Statutes at Large Volume 95.djvu/299

 PUBLIC LAW 97-34—AUG. 13, 1981

95 STAT. 273

"(B) the entire amount of such dividend shall be treated as interest if the aggregate interest received by such company during the taxable year equals or exceeds 75 percent of its gross income, or "(C) if subparagraphs (A) and (B) do not apply, a portion of such dividend shall be treated as a dividend (and a portion of such dividend shall be treated as interest) based on the portion of the company's gross income which consists of aggregate dividends or aggregate interest, as the case may be. For purposes of the preceding sentence, gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year as does not exceed aggregate interest received for the taxable year. "(3) NOTICE TO SHAREHOLDERS.—The amount of any distribu-

tion by a regulated investment company which may be taken into account as a dividend for purposes of the exclusion under section 116 and the deduction under section 243 or as interest for purposes of section 128 shall not exceed the amount so Ante, pp. 267, designated by the company in a written notice to its share- ^70. holders mailed not later than 45 days after the close of its taxable year. "(4) DEFINITIONS.—For purposes of this subsection— "(A) The term 'gross income' does not include gain from the sale or other disposition of stock or securities. "(B) The term 'aggregate dividends received' includes only dividends received from domestic corporations other than dividends described in section 116(b)(2) (relating to dividends excluded from gross income). In determining the amount of any dividend for purposes of this subparagraph, the rules provided in section 116(c)(2) (relating to certain distributions) shall apply. "(C) The term 'aggregate interest received' includes only interest described in section 128(c)(l)." (5) Subsection (c) of section 857 is amended to read as follows: 26 USC 857. "(c) LIMITATIONS APPLICABLE TO DIVIDENDS RECEIVED FROM REAL ESTATE INVESTMENT TRUSTS.—

"(1) IN GENERAL.—For purposes of section 116 (relating to an exclusion for dividends received by individuals) and section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. "(2) TREATMENT FOR SECTION 128.—In the case of a dividend (other than a capital gain dividend, as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part for the taxable year in which it paid the dividend— "(A) such dividend shall be treated as interest if the aggregate interest received by the real estate investment trust for the taxable year equals or exceeds 75 percent of its gross income, or "(B) if subparagraph (A) does not apply, the portion of such dividend which bears the same ratio to the amount of such dividend as the aggregate interest received bears to gross income shall be treated as interest. "(3) ADJUSTMENTS TO GROSS INCOME AND AGGREGATE INTEREST

RECEIVED.—For purposes of paragraph (2)—

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