Section 24872.4 Of Chapter 14.5. Regulated Investment Companies, Real Estate Investment Trusts, Real Estate Mortgage Investment Conduits, And Financial Asset Securitization Investment Trusts From California Revenue And Taxation Code >> Division 2. >> Part 11. >> Chapter 14.5.
24872.4
. (a) Section 856(d)(7)(C)(ii) of the Internal Revenue Code
is modified by substituting the phrase "if received by an
organization described in subdivision (b) of Section 17651 of Part 10
or Section 23731" for the phrase "if received by an organization
described in section 511(a)(2)."
(b) (1) An election under Section 856(e)(5) of the Internal
Revenue Code for federal income tax purposes is treated for purposes
of this part as an election made by the real estate investment trust
under Section 856(e)(5) of the Internal Revenue Code for state
purposes and a separate election under paragraph (3) of subdivision
(e) of Section 23051.5 is not allowed.
(2) Any revocation of an election under Section 856(e)(5) of the
Internal Revenue Code for federal income tax purposes is treated for
purposes of this part as a revocation of the election made by the
real estate investment trust under Section 856(e)(5) of the Internal
Revenue Code for state purposes and a separate election under
paragraph (3) of subdivision (e) of Section 23051.5 is not allowed
with respect to the property for any subsequent taxable year.
(3) If the real estate investment trust fails to make an election
under Section 856(e)(5) of the Internal Revenue Code for federal
income tax purposes with respect to any property, that property may
not be treated for purposes of this part as foreclosure property, an
election under Section 856(e)(5) of the Internal Revenue Code for
state purposes with respect to that property is not allowed, and a
separate election under paragraph (3) of subdivision (e) of Section
23051.5 is not allowed with respect to that property.