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LegalText 42 U.S.C. § 1490h Taxation of property held by Secretary us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 8A SLUM CLEARANCE, URBAN RENEWAL, AND FARM HOUSING 1490h 42 U.S.C. § 1490h current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s1490h data/legal/raw/us/code/title-42/usc42.xml 0fd0e553c82a8c4b7bec9e643467b44caffa87bae253e28095a81a53fc32e8cc 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 747398160affed99ea7be55f324708650dfa394b4a8ce9d6685be3786d994b6d 2026-07-04 official
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42 U.S.C. § 1490h - Taxation of property held by Secretary

Text

All property subject to a lien held by the United States or the title to which is acquired or held by the Secretary under this subchapter other than property used for administrative purposes shall be subject to taxation by a State, Commonwealth, territory, possession, district, and local political subdivisions in the same manner and to the same extent as other property is taxed: Provided, That no tax shall be imposed or collected on or with respect to any instrument if the tax is based on—

(1) the value of any notes or mortgages or other lien instruments held by or transferred to the Secretary;

(2) any notes or lien instruments administered under this subchapter which are made, assigned, or held by a person otherwise liable for such tax; or

(3) the value of any property conveyed or transferred to the Secretary, whether as a tax on the instrument, the privilege of conveying or transferring, or the recordation thereof; nor shall the failure to pay or collect any such tax be a ground for refusal to record or file such instruments, or for failure to impart notice, or prevent the enforcement of its provisions in any State or Federal court.

(July 15, 1949, ch. 338, title V, § 528, as added Pub. L. 95128, title V, § 512(a), Oct. 12, 1977, 91 Stat. 1142; amended Pub. L. 98479, title II, § 204(c)(3), Oct. 17, 1984, 98 Stat. 2233.)

Notes

Editorial Notes

Amendments1984—Pub. L. 98479 substituted “property held by Secretary” for “Farmers Home Administration-held property” in section catchline.

Statutory Notes and Related Subsidiaries

Effective DatePub. L. 95128, title V, § 512(c), Oct. 12, 1977, 91 Stat. 1142, provided that: “The amendment made by subsection (a) [enacting this section] shall become effective as of January 1, 1977.”

Refund of Tax Payments Prior to October 12, 1977, Barred; Federal Officers or Employees Not Liable for Such PaymentsPub. L. 95128, title V, § 512(b), Oct. 12, 1977, 91 Stat. 1142, provided that: “Notwithstanding any other provision of law, no State, Commonwealth, territory, possession, district, or local political subdivision which has received, prior to the date of enactment of this Act [Oct. 12, 1977], tax payments from the Department of Agriculture based on property held by the Farmers Home Administration shall be liable for, or be obligated to refund, the amount of any such payment, which, if it had been made after the date of enactment of this Act, would have been authorized by the provisions of section 528 of the Housing Act of 1949 [this section], and no officer or employee of the United States shall incur or be under any liability by reason of having made or authorized any such payments.”