§ 897(k)(3)(B)(ii)

a qualified collective investment vehicle

UNDECIDED

0 of 2 settled

  1. 1

    § 897(k)(3)(B)(ii)

    ALL OF

    which—

    “a foreign person” Enclosing § 897(k)(3)(B)
    “is a publicly traded partnership (as defined in section 7704(b)) to which subsection (a) of section 7704 does not apply,” § 897(k)(3)(B)(ii)(I) needs Step 2 a publicly traded partnership UNDECIDED
    “is a withholding foreign partnership for purposes of chapters 3, 4, and 61, and” § 897(k)(3)(B)(ii)(II)
    “if such foreign partnership were a domestic corporation, would be a United States real property holding corporation (determined without regard to paragraph (1)) at any time during the 5-year period ending on the date of disposition of, or distribution with respect to, such partnership’s interests in a real estate investment trust, or” § 897(k)(3)(B)(ii)(III)
  2. 2

    § 7704(b)

    a publicly traded partnership

    ANY OF

    For purposes of this section, the term “publicly traded partnership” means any partnership if—

    “any partnership” Opening words
    “interests in such partnership are traded on an established securities market, or” § 7704(b)(1)
    “interests in such partnership are readily tradable on a secondary market (or the substantial equivalent thereof).” § 7704(b)(2)

    “Substantial” implies facts and circumstances. No regulation cites this provision (eCFR, Oct 19, 2026)