Special rules for determining qualified person
For purposes of paragraph (1)—
(A) In general If the requirements of subparagraphs (B), (C), and (D) are met with respect to any financing borrowed from a qualified nonprofit organization (as defined in subsection (h)(5)), the determination of whether such financing is qualified commercial financing with respect to any qualified low-income building shall be made without regard to whether such organization— (i) is actively and regularly engaged in the business of lending money, or (ii) is a person described in section 49(a)(1)(D)(iv)(II).
(B) Financing secured by property The requirements of this subparagraph are met with respect to any financing if such financing is secured by the qualified low-income building, except that this subparagraph shall not apply in the case of a federally assisted building described in subsection (d)(6)(C) if— (i) a security interest in such building is not permitted by a Federal agency holding or insuring the mortgage secured by such building, and (ii) the proceeds from the financing (if any) are applied to acquire or improve such building.
(C) Portion of building attributable to financing The requirements of this subparagraph are met with respect to any financing for any taxable year in the compliance period if, as of the close of such taxable year, not more than 60 percent of the eligible basis of the qualified low-income building is attributable to such financing (reduced by the principal and interest of any governmental financing which is part of a wrap-around mortgage involving such financing).
(D) Repayment of principal and interest The requirements of this subparagraph are met with respect to any financing if such financing is fully repaid on or before the earliest of— (i) the date on which such financing matures, (ii) the 90th day after the close of the compliance period with respect to the qualified low-income building, or (iii) the date of its refinancing or the sale of the building to which such financing relates. In the case of a qualified nonprofit organization which is not described in section 49(a)(1)(D)(iv)(II) with respect to a building, clause (ii) of this subparagraph shall be applied as if the date described therein were the 90th day after the earlier of the date the building ceases to be a qualified low-income building or the date which is 15 years after the close of a compliance period with respect thereto.