Page:United States Statutes at Large Volume 110 Part 3.djvu/156

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110 STAT. 1886 PUBLIC LAW 104-188—AUG. 20, 1996 individual would have been permitted or required to contribute had the individual remained continuously employed by the employer throughout the period of qualified military service. Any payment to such plan shall be made during the period beginning with the date of reemployment and whose duration is 3 times the period of the qualified military service (but not greater than 5 years). "(9) PLANS NOT SUBJECT TO TITLE 38.— This subsection shall not apply to any retirement plan to which chapter 43 of title 38, United States Code, does not apply. "(10) REFERENCES. — For purposes of this section, any ref- erence to chapter 43 of title 38, United States Code, shall be treated as a reference to such chapter as in effect on December 12, 1994 (without regard to any subsequent amendment).". (2) AMENDMENT TO ERISA. —Section 408(b)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 29 USC 1108. 1148(b)) is amended by adding at the end the following new sentence: "A loan made by a plan shall not fail to meet the requirements of the preceding sentence by reason of a loan repayment suspension described under section 414(u)(4) of the Internal Revenue Code of 1986.". 26 USC 414 note. (3) EFFECTIVE DATE. —The amendments made by this subsection shall be effective as of December 12, 1994. (o) REPORTING OF REAL ESTATE TIIANSACTIONS. — (1) IN GENERAL. — Paragraph (3) of section 6045(e) (relating to prohibition of separate charge for filing return) is amended by adding at the end the following new sentence: "Nothing in this paragraph shall be construed to prohibit the real estate reporting person from taking into account its cost of complying with such requirement in establishing its charge (other than a separate charge for complying with such requirement) to any customer for performing services in the case of a real estate transaction.". 26 USC 6045 (2) EFFECTIVE DATE. —The amendment made by paragraph note. (1) shall take effect as if included in section 1015(e)(2)(A) of the Technical and Miscellaneous Revenue Act of 1988. (p) CLARIFICATION OF DENIAL OF DEDUCTION FOR STOCK REDEMPTION EXPENSES. (1) IN GENERAL. — Paragraph (1) of section 162(k) is amended by striking "the redemption of its stock" and inserting "the reacquisition of its stock or of the stock of any related person (as defined in section 465(b)(3)(C))". (2) CERTAIN DEDUCTIONS PERMITTED.— Subparagraph (A) of section 162(k)(2) is amended by striking "or" at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: "(ii) deduction for amounts which are properly allocable to indebtedness and amortized over the term of such indebtedness, or". (3) CLERICAL AMENDMENT.—The subsection heading for subsection (k) of section 162 is amended by striking "REDEMP- TION" and inserting "REACQUISITION". 26 USC 162 note. (4) EFFECTIVE DATE. — (A) IN GENERAL.—Except as provided in subparagraph (B), the amendments made by this subsection shall apply