Section 1146 - Special Tax Provisions


Title 11 of the United States Code - Bankruptcy
REORGANIZATION – CHAPTER 11


Special Tax Provisions –Section 1146

11 USCS § 1146



(a) The issuance, transfer, or exchange of a security, or the making or delivery of an instrument of transfer under a plan confirmed under section 1129 of this title [11 USCS § 1129], may not be taxed under any law imposing a stamp tax or similar tax.
 
(b) The court may authorize the proponent of a plan to request a determination, limited to questions of law, by a State or local governmental unit charged with responsibility for collection or determination of a tax on or measured by income, of the tax effects, under section 346 of this title [11 USCS § 346] and under the law imposing such tax, of the plan. In the event of an actual controversy, the court may declare such effects after the earlier of--
   (1) the date on which such governmental unit responds to the request under this subsection; or
   (2) 270 days after such request.
 
(c), (d) [Redesignated]


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