REVENUE RULE 94-18

1994-1 C.B. 319, 1994-13 I.R.B. 18.

Internal Revenue Service
Revenue Ruling

CPI ADJUSTMENT FOR BELOW-MARKET LOANS--1994

March 11, 1994

§7872.--Treatment of Loans with Below-Market Interest Rates
CPI adjustment for below-market loans--1994. The amount that section 7872(g) of the Code permits a taxpayer to lend to a qualified continuing care facility without incurring imputed interest is published and adjusted for inflation for years 1987-1994.

Rev. Rul. 93-15 supplemented and superseded.

This revenue ruling publishes the amount that section 7872(g) of the Internal Revenue Code permits a taxpayer to lend to a qualifying continuing care facility without incurring imputed interest. The amount is adjusted for inflation for the years after 1986.

§7872 of the Code generally treats loans bearing a below-market interest rate as if they bore interest at the market rate.

Section 7872(g)(1) of the Code provides that, in general, section 7872 does not apply for any calendar year to any below- market loan made by a lender to a qualified continuing care facility pursuant to a continuing care contract if the lender (or the lenders spouse) attains age 65 before the close of the year.

Section 7872(g)(2) of the Code provides that, in the case of loans made after October 11, 1985, and before 1987, section 7872(g)(1) applies only to the extent that the aggregate outstanding amount of any loan to which section 7872(g) applies (determined without regard to section 7872(g)(2)), when added to the aggregate outstanding amount of all other previous loans between the lender (or the lenders spouse) and any qualified continuing care facility to which section 7872(g)(1) applies, does not exceed $90,000.

Section 7872(g)(5) of the Code provides that, for loans made during any calendar year after 1986 to which section 7872(g)(1) applies, the $90,000 limit specified in section 7872(g)(2) is increased by an inflation adjustment. The inflation adjustment for any calendar year is the percentage (if any) by which the Consumer Price Index (CPI) for the preceding calendar year exceeds the CPI for calendar year 1985. Section 7872(g)(5) states that the CPI for any calendar year is the average of the CPI as of the close of the 12-month period ending on September 30 of such calendar year.

Rev. Rul. 93-15, 1993-1 C.B. 244, publishes the amount specified in section 7872(g)(2) of the Code, increased by the inflation adjustment, for the years 1987-93.

Table I sets forth the amount specified in section 7872(g)(2) of the Code. The amount is increased by the inflation adjustment for the years 1987-94.

REV. RUL. 94-18 TABLE 1

Limit under 7872(g)(2)

Note: These inflation adjustments were computed using the All-Urban, Consumer
Price Index, 1982-1984 base, published by the Bureau of Labor Statistics.

EFFECT ON OTHER DOCUMENTS

Rev. Rul. 93-15, 1993-1 C.B. 244, is supplemented and superseded.

DRAFTING INFORMATION

The author of this revenue ruling is Susan T. Baker of the Office of Assistant Chief Counsel (Financial Institutions and Products). For further information regarding this revenue ruling, contact Ms. Baker on (202) 622-3940 (not a toll-free call).

Rev. Rul. 94-18, 1994-1 C.B. 319, 1994-13 I.R.B. 18.