investment assets

(i)Except as otherwise provided in this subparagraph, the term “investment assets” means— (I)cash, (II)any stock or securities in a corporation, (III)any interest in a partnership, (IV)any debt instrument or other evidence of indebtedness, (V)any option, forward or futures contract, notional principal contract, or derivative, (VI)foreign currency, or (VII)any similar asset. (ii)Such term shall not include any asset which is held for use in the active and regular conduct of— (I)a lending or finance business (within the meaning of), (II)a banking business through a bank (as defined in), a domestic building and loan association (within the meaning of section 7701(a)(19)), or any similar institution specified by the Secretary, or (III)an insurance business if the conduct of the business is licensed, authorized, or regulated by an applicable insurance regulatory body. (iii)Such term shall not include any security (as defined in) which is held by a dealer in securities and to which section 475(a) applies. (iv) (I)Such term shall not include any stock and securities in, or any asset described in subclause (IV) or (V) of clause (i) issued by, a corporation which is a 20-percent controlled entity with respect to the distributing or controlled corporation. (II)The distributing or controlled corporation shall, for purposes of applying this subsection, be treated as owning its ratable share of the assets of any 20-percent controlled entity. (III)For purposes of this clause, the term “20-percent controlled entity” means, with respect to any distributing or controlled corporation, any corporation with respect to which the distributing or controlled corporation owns directly or indirectly stock meeting the requirements of section 1504(a)(2), except that such section shall be applied by substituting “20 percent” for “80 percent” and without regard to stock described in section 1504(a)(4). (v) (I)Such term shall not include any interest in a partnership, or any debt instrument or other evidence of indebtedness, issued by the partnership, if 1 or more of the trades or businesses of the partnership are (or, without regard to the 5-year requirement under subsection (b)(2)(B), would be) taken into account by the distributing or controlled corporation, as the case may be, in determining whether the requirements of subsection (b) are met with respect to the distribution. (II)The distributing or controlled corporation shall, for purposes of applying this subsection, be treated as owning its ratable share of the assets of any partnership described in subclause (I).

Source

26 USC § 355(g)(2)(B)(i)


Scoping language

in this subparagraph
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