26 USC 139L - Interest on loans secured by rural or agricultural real property

U.S Code last checked for updates: Aug 15, 2025

§ 139L.

Interest on loans secured by rural or agricultural real property

(a)

In general

(b)

Qualified lender

For purposes of this section, the term “qualified lender” means—

(1)

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)

any State- or federally-regulated insurance company,

(3)

any entity wholly owned, directly or indirectly, by a company that is treated as a bank holding company for purposes of section 8 of the International Banking Act of 1978 (12 U.S.C. 3106) if—

(A)

such entity is organized, incorporated, or established under the laws of the United States or any State, and

(B)

the principal place of business of such entity is in the United States (including any territory of the United States),

(4)

any entity wholly owned, directly or indirectly, by a company that is considered an insurance holding company under the laws of any State if such entity satisfies the requirements described in subparagraphs (A) and (B) of paragraph (3), and

(5)

with respect to interest received on a qualified real estate loan secured by real estate described in subsection (c)(3)(A), any federally chartered instrumentality of the United States established under section 8.1(a) of the Farm Credit Act of 1971 (12 U.S.C. 2279aa–1(a)).

(c)

Qualified real estate loan

For purposes of this section—

(1)

In general

The term “qualified real estate loan” means any loan—

(A)

secured by—

(i)

rural or agricultural real estate, or

(ii)

a leasehold mortgage (with a status as a lien) on rural or agricultural real estate,

(B)

made to a person other than a specified foreign entity (as defined in section 7701(a)(51)), and

(C)

made after the date of the enactment of this section.

For purposes of the preceding sentence, the determination of whether property securing such loan is rural or agricultural real estate shall be made as of the time the interest income on such loan is accrued.

(2)

Refinancings

(3)

Rural or agricultural real estate

The term “rural or agricultural real estate” means—

(A)

any real property which is substantially used for the production of one or more agricultural products,

(B)

any real property which is substantially used in the trade or business of fishing or seafood processing, and

(C)

any aquaculture facility.

Such term shall not include any property which is not located in a State or a possession of the United States.

(4)

Aquaculture facility

(d)

Coordination with section 265

In the case of any qualified real estate loan, section 265 shall be applied—

(1)

by treating any qualified real estate loan for purposes of subsection (a)(2) thereof as an obligation the interest on which is wholly exempt from the taxes imposed by this subtitle,

(2)

by substituting “25 percent of the interest on indebtedness” for “Interest on indebtedness” in such subsection (a)(2),

(3)

by treating 25 percent of the adjusted basis of any qualified real estate loan as adjusted basis of a tax-exempt obligation described in subsection (b)(4)(B) thereof, and

(4)

by substituting “25 percent of the amount of such indebtedness” for “the amount of such indebtedness” in subsection (b)(6)(A)(a)(ii) 1

 So in original. Probably should be “(b)(6)(A)(ii)”.

thereof.

(Added Pub. L. 119–21, title VII, § 70435(a), July 4, 2025, 139 Stat. 246.)

cite as: 26 USC 139L