date of acquisition

(5) Definitions As used in this subsection— (A) Eligible educational institution The term “eligible educational institution” means the following: (i) An institution described in section 1088(a)(1) or 1141(a) of title 20, as such sections are in effect on August 22, 1996 . (ii) An area vocational education school (as defined in subparagraph (C) or (D) of section 2471(4) of title 20 ) which is in any State (as defined in section 2471(33) of title 20 ), as such sections are in effect on August 22, 1996 . (B) Post-secondary educational expenses The term “post-secondary educational expenses” means— (i) tuition and fees required for the enrollment or attendance of a student at an eligible educational institution, and (ii) fees, books, supplies, and equipment required for courses of instruction at an eligible educational institution. (C) Qualified acquisition costs The term “qualified acquisition costs” means the costs of acquiring, constructing, or reconstructing a residence. The term includes any usual or reasonable settlement, financing, or other closing costs. (D) Qualified business The term “qualified business” means any business that does not contravene any law or public policy (as determined by the Secretary). (E) Qualified business capitalization expenses The term “qualified business capitalization expenses” means qualified expenditures for the capitalization of a qualified business pursuant to a qualified plan. (F) Qualified expenditures The term “qualified expenditures” means expenditures included in a qualified plan, including capital, plant, equipment, working capital, and inventory expenses. (G) Qualified first-time homebuyer (i) In general The term “qualified first-time homebuyer” means a taxpayer (and, if married, the taxpayer’s spouse) who has no present ownership interest in a principal residence during the 3-year period ending on the date of acquisition of the principal residence to which this subsection applies. (ii) Date of acquisition The term “date of acquisition” means the date on which a binding contract to acquire, construct, or reconstruct the principal residence to which this subparagraph applies is entered into. (H) Qualified plan The term “qualified plan” means a business plan which— (i) is approved by a financial institution, or by a nonprofit loan fund having demonstrated fiduciary integrity, (ii) includes a description of services or goods to be sold, a marketing plan, and projected financial statements, and (iii) may require the eligible individual to obtain the assistance of an experienced entrepreneurial advisor. (I) Qualified principal residence The term “qualified principal residence” means a principal residence (within the meaning of section 1034 of the Internal Revenue Code of 1986), the qualified acquisition costs of which do not exceed 100 percent of the average area purchase price applicable to such residence (determined in accordance with paragraphs (2) and (3) of section 143(e) of such Code).


42 USC § 604(h)(5)

Scoping language

As used in this subsection
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