related person

(4) Portfolio interest not to include certain contingent interest For purposes of this subsection— (A) In general Except as otherwise provided in this paragraph, the term “portfolio interest” shall not include— (i) any interest if the amount of such interest is determined by reference to— (I) any receipts, sales or other cash flow of the debtor or a related person, (II) any income or profits of the debtor or a related person, (III) any change in value of any property of the debtor or a related person, or (IV) any dividend, partnership distributions, or similar payments made by the debtor or a related person, or (ii) any other type of contingent interest that is identified by the Secretary by regulation, where a denial of the portfolio interest exemption is necessary or appropriate to prevent avoidance of Federal income tax. (B) Related person The term “related person” means any person who is related to the debtor within the meaning of section 267(b) or 707(b)(1), or who is a party to any arrangement undertaken for a purpose of avoiding the application of this paragraph. (C) Exceptions Subparagraph (A)(i) shall not apply to— (i) any amount of interest solely by reason of the fact that the timing of any interest or principal payment is subject to a contingency, (ii) any amount of interest solely by reason of the fact that the interest is paid with respect to nonrecourse or limited recourse indebtedness, (iii) any amount of interest all or substantially all of which is determined by reference to any other amount of interest not described in subparagraph (A) (or by reference to the principal amount of indebtedness on which such other interest is paid), (iv) any amount of interest solely by reason of the fact that the debtor or a related person enters into a hedging transaction to manage the risk of interest rate or currency fluctuations with respect to such interest, (v) any amount of interest determined by reference to— (I) changes in the value of property (including stock) that is actively traded (within the meaning of section 1092(d) ) other than property described in section 897(c)(1) or (g), (II) the yield on property described in subclause (I), other than a debt instrument that pays interest described in subparagraph (A), or stock or other property that represents a beneficial interest in the debtor or a related person, or (III) changes in any index of the value of property described in subclause (I) or of the yield on property described in subclause (II), and (vi) any other type of interest identified by the Secretary by regulation. (D) Exception for certain existing indebtedness Subparagraph (A) shall not apply to any interest paid or accrued with respect to any indebtedness with a fixed term— (i) which was issued on or before April 7, 1993 , or (ii) which was issued after such date pursuant to a written binding contract in effect on such date and at all times thereafter before such indebtedness was issued.

Source

26 USC § 871(h)(4)


Scoping language

For purposes of this subsection
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