United States Code
USC most recently checked for updates: Nov 09, 2024
§ 1146.
Special tax provisions
(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 or 1191 of this title, 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 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.
(Pub. L. 95–598, Nov. 6, 1978 , 92 Stat. 2641; Pub. L. 98–353, title III, § 517, July 10, 1984 , 98 Stat. 388; Pub. L. 109–8, title VII, § 719(b)(3), Apr. 20, 2005 , 119 Stat. 133; Pub. L. 116–54, § 4(a)(12), Aug. 23, 2019 , 133 Stat. 1086.)
cite as: 11 USC 1146