Sec. 1.142-4 Use of proceeds to provide a facility.
(a) In general. [Reserved.]
(b) Reimbursement allocations. If an expenditure for a facility is paid before the issue date of the bonds to provide that facility, the facility is described in section 142(a) only if the expenditure meets the requirements of section 1.150-2 (relating to reimbursement allocations). For purposes of this paragraph (b), if the proceeds of an issue are used to pay principal of or interest on an obligation other than a State or local bond (for example, temporary construction financing of the conduit borrower), that issue is not a refunding issue, and, thus, section 1.150-2(g) does not apply.
(c) Limitation on use of facilities by substantial users.
(1) In general. If the original use of a facility begins before the issue date of the bonds to provide the facility, the facility is not described in section 142(a) if any person that was a substantial user of the facility at any time during the 5-year period before the issue date or any related person to that user receives (directly or indirectly) 5 percent or more of the proceeds of the issue for the user's interest in the facility and is a substantial user of the facility at any time during the 5-year period after the issue date, unless
(i) An official intent for the facility is adopted under section 1.150-2 within 60 days after the date on which acquisition, construction, or reconstruction of that facility commenced; and
(ii) For an acquisition, no person that is a substantial user or related person after the acquisition date was also a substantial user more than 60 days before the date on which the official intent was adopted.
(2) Definitions. For purposes of paragraph (c)(1) of this section, substantial user has the meaning used in section 147(a)(1), related person has the meaning used in section 144(a)(3), and a user that is a governmental unit within the meaning of section 1.103-1 is disregarded.
(d) Effective date.
(1) In general. This section applies to bonds sold on or after July 8, 1997. See section 1.103-8(a)(5) for rules applicable to bonds sold before that date.
(2) Elective retroactive application. An issuer may apply this section to any bond sold before July 8, 1997.
[T.D. 8718, 62 FR 25502-25514, May 9, 1997.]
