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Agenda Package - 10-12-09 Jt. Meeting
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Agenda Package - 10-12-09 Jt. Meeting
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11/6/2009 8:20:25 AM
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Board of Commissioners
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the property is not residential rental property (as defined in § 168(e)(2)), and (B) such <br />term shall not include any trade or business consisting of the operation of any facility <br />described in § 144(c)(6)(B) (relating to the prohibition on the use of proceeds of a <br />qualified redevelopment bond for any private or commercial golf course, country club, <br />massage parlor, hot tub facility, suntan facility, racetrack or other facility used for <br />gambling, or any store the principal business of which is the sale of alcoholic beverages <br />for consumption off premises). <br />.04 OTHER APPLICABLE RULES <br />Section 14000-3(c)(3) provides that rules similar to rules of § 1397D(a)(2) and <br />(b) (relating to substantial renovations and sale-leasebacks) shall apply for purposes of <br />§ 14000-3(c). Section 14000-3(d) provides that § 146 (relating to the private activity <br />bond volume cap) and § 147(d) (relating to limitations on acquisition of existing <br />property) shall not apply to any Recovery Zone Facility Bond. Except as otherwise <br />provided in this Notice or in future administrative or regulatory guidance, rules <br />applicable to exempt facility bonds under § 142 apply to Recovery Zone Facility Bonds. <br />SECTION 5. INTERIM GUIDANCE AND RELIANCE <br />01. IN GENERAL <br />Pending the promulgation and effective date of future administrative or regulatory <br />guidance, taxpayers may rely on the interim guidance provided in this Notice. <br />02. REASONABLY REQUIRED RESERVE OR REPLACEMENT FUND <br />Section 14000-2(b)(1)(A) requires that 100 percent of the excess of (i) the <br />available project proceeds (as defined in § 54A to mean sale proceeds of such issue <br />less not more than 2 percent of such proceeds used to pay issuance costs, plus <br />9 <br />
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