Description of Bills Relating to the Tax Treatment of Mortgage Related And Other Asset Backed Securities (S. 1959 And S. 1978) And Environmental Zones (S. 1839) : Scheduled for a Hearing Before the Subcommittee On Taxation And Debt Management of the Senat

Cover Description of Bills Relating to the Tax Treatment of Mortgage Related And Other Asset Backed Securities (S. 1959 And S. 1978) And Environmental Zones (S. 1839) : Scheduled for a Hearing Before the Subcommittee On Taxation And Debt Management of the Senat
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15 ssuance of a CMS Under the bill, a CMS may be issued in the form of an ownership titerest in a corporation, association, trust, or partnership holding qualified obligations," or as a debt obligation issued by any of the ibove. Regardless of the form, the issuance of a CMS generally /ould be treated as a sale of the collateral securing the CMS to the lolders of the CMS. Thus, the initial transferor of the qualified ob- igations and the the entity that holds such obligations and issues hat CMS
...s would be treated as entirely separate entities, i.e., CMSs ssued in the form of debt would not be treated as debt of the trans- eror of the qualified obligations and, except to the extent that the ransferor holds CMSs, the income generated by the underlying col- ateral would not treated as income of the transferor.
A CMS could represent either a "regular" or "residual" interest 11 the underlying collateral. A regular interest would entitle the tolder to receive specified principal payments (or analagous mounts in the case of CMSs not issued in the form of debt), the iming of which principal payments would be contingent upon the iming of receipt of principal payments on the underlying collater- 1 and the amount of income from temporary reinvestments of lortfolio cash flows.


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