Small Business Participating Loan Act of 1983

Summary

Small Business Participating Loan Act of 1983 - Amends the Internal Revenue Code to allow a nonrefundable investment tax credit of 30 percent of the proceeds of a small business participating loan issued by a socially and economically disadvantaged small business and 20 percent of the proceeds of such a loan issued by a non-disadvantaged small business. Limits such credit to $30,000 ($60,000 in the case of a joint return) for such loans issued by a disadvantaged small business and $20,000 ($40,000 in the case of a joint return) for loans issued by a non-disadvantaged small business. Disallows such credit for loans issued by a related party and loans disposed of prematurely. Allows the carryover of any unused portion of such credit to each of the seven taxable years following the original credit year. Treats as long-term capital gain amounts actually paid to a taxpayer, with respect to a small business participating loan, which constitute the distribution of a share of the earnings of the issuer. Denies such capital-gain treatment in cases where the taxpayer would not qualify for the tax credit. Treats losses on a small business participating loan as ordinary losses. Allows an interest expense deduction for interest and share-of-earnings payments made on a small business participating loan. Treats as ordinary income the original issue discount interest of a small business participating loan. Defines "small business participating loan" as a written debt instrument issued by a qualified small business which: (1) is a general obligation of such business; (2) bears a stated interest rate of not less than six percent; (3) has a fixed maturity; (4) grants no voting or conversion rights in the business to the purchaser; and (5) provides for the payment of a share of the issuer's total earnings. Defines a "qualified small business" as one: (1) whose equity capital does not exceed $10,000,000; (2) the face value of all of whose outstanding small business participating loans does not exceed $1,000,000; and (3) which has no outstanding securities subject to regulation by the Securities and Exchange Commission.

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1 official file

• Introduced in House

  summary · EN · 3 March 1983

  Open at official source

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