[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 238 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 238

To amend the Internal Revenue Code of 1986 to exclude from gross income 
   interest received on loans secured by agricultural real property.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2005

   Mr. Hagel introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to exclude from gross income 
   interest received on loans secured by agricultural real property.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Economic Investment Act of 
2005''.

SEC. 2. EXCLUSION FOR INTEREST ON LOANS SECURED BY AGRICULTURAL REAL 
              PROPERTY.

    (a) In General.--Part III of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986 (relating to items specifically excluded 
from gross income) is amended by inserting after section 139A the 
following new section:

``SEC. 139B. INTEREST ON LOANS SECURED BY AGRICULTURAL REAL PROPERTY.

    ``(a) Exclusion.--Gross income shall not include interest received 
by a qualified lender on any qualified real estate loan.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Qualified lender.--The term `qualified lender' means 
        any bank or savings association the deposits of which are 
        insured under the Federal Deposit Insurance Act (12 U.S.C. 1811 
        et seq.).
            ``(2) Qualified real estate loan.--The term `qualified real 
        estate loan' means any loan secured by agricultural real estate 
        or by a leasehold mortgage (with a status as a lien) on 
        agricultural real estate. For purposes of the preceding 
        sentence, the determination of whether property securing such 
        loan is agricultural real estate shall be made as of the time 
        the interest income on such loan is accrued.
            ``(3) Agricultural real estate.--The term `agricultural 
        real estate' means--
                    ``(A) real property used for the production of 1 or 
                more agricultural products, and
                    ``(B) any single family residence--
                            ``(i) which is the principal residence 
                        (within the meaning of section 121) of its 
                        occupant,
                            ``(ii) which is located in a rural area (as 
                        determined by the Secretary of Agriculture), 
                        which is not within a Metropolitan Statistical 
                        Area (as defined by the Office of Management 
                        and Budget) and which has a population 
                        (determined on the basis of the most recent 
                        decennial census for which data are available) 
                        of 2,500 or less, and
                            ``(iii) which is purchased or improved with 
                        the proceeds of the qualified real estate loan.
    ``(c) Coordination With Section 265.--Qualified real estate loans 
shall be treated as obligations described in section 265(a)(2) the 
interest on which is wholly exempt from the taxes imposed by this 
subtitle.''.
    (b) Clerical Amendment.--The table of sections for such part III is 
amended by inserting after the item relating to section 139A the 
following new item:

``Sec. 139B. Interest on loans secured by agricultural real 
                            property.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.
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