Subpart A—Original Issue Discount
Editorial Notes
Amendments
1985—
§1271. Treatment of amounts received on retirement or sale or exchange of debt instruments
(a) General rule
For purposes of this title—
(1) Retirement
Amounts received by the holder on retirement of any debt instrument shall be considered as amounts received in exchange therefor.
(2) Ordinary income on sale or exchange where intention to call before maturity
(A) In general
If at the time of original issue there was an intention to call a debt instrument before maturity, any gain realized on the sale or exchange thereof which does not exceed an amount equal to—
(i) the original issue discount, reduced by
(ii) the portion of original issue discount previously includible in the gross income of any holder (without regard to section 1272(a)(7) (or the corresponding provisions of prior law)),
shall be treated as ordinary income.
(B) Exceptions
This paragraph shall not apply to—
(i) any tax-exempt obligation, or
(ii) any holder who has purchased the debt instrument at a premium.
(3) Certain short-term Government obligations
(A) In general
On the sale or exchange of any short-term Government obligation, any gain realized which does not exceed an amount equal to the ratable share of the acquisition discount shall be treated as ordinary income.
(B) Short-term Government obligation
For purposes of this paragraph, the term "short-term Government obligation" means any obligation of the United States or any of its possessions, or of a State or any political subdivision thereof, or of the District of Columbia, which has a fixed maturity date not more than 1 year from the date of issue. Such term does not include any tax-exempt obligation.
(C) Acquisition discount
For purposes of this paragraph, the term "acquisition discount" means the excess of the stated redemption price at maturity over the taxpayer's basis for the obligation.
(D) Ratable share
For purposes of this paragraph, except as provided in subparagraph (E), the ratable share of the acquisition discount is an amount which bears the same ratio to such discount as—
(i) the number of days which the taxpayer held the obligation, bears to
(ii) the number of days after the date the taxpayer acquired the obligation and up to (and including) the date of its maturity.
(E) Election of accrual on basis of constant interest rate
At the election of the taxpayer with respect to any obligation, the ratable share of the acquisition discount is the portion of the acquisition discount accruing while the taxpayer held the obligation determined (under regulations prescribed by the Secretary) on the basis of—
(i) the taxpayer's yield to maturity based on the taxpayer's cost of acquiring the obligation, and
(ii) compounding daily.
An election under this subparagraph, once made with respect to any obligation, shall be irrevocable.
(4) Certain short-term nongovernment obligations
(A) In general
On the sale or exchange of any short-term nongovernment obligation, any gain realized which does not exceed an amount equal to the ratable share of the original issue discount shall be treated as ordinary income.
(B) Short-term nongovernment obligation
For purposes of this paragraph, the term "short-term nongovernment obligation" means any obligation which—
(i) has a fixed maturity date not more than 1 year from the date of the issue, and
(ii) is not a short-term Government obligation (as defined in paragraph (3)(B) without regard to the last sentence thereof).
(C) Ratable share
For purposes of this paragraph, except as provided in subparagraph (D), the ratable share of the original issue discount is an amount which bears the same ratio to such discount as—
(i) the number of days which the taxpayer held the obligation, bears to
(ii) the number of days after the date of original issue and up to (and including) the date of its maturity.
(D) Election of accrual on basis of constant interest rate
At the election of the taxpayer with respect to any obligation, the ratable share of the original issue discount is the portion of the original issue discount accruing while the taxpayer held the obligation determined (under regulations prescribed by the Secretary) on the basis of—
(i) the yield to maturity based on the issue price of the obligation, and
(ii) compounding daily.
Any election under this subparagraph, once made with respect to any obligation, shall be irrevocable.
(b) Exception for certain obligations
(1) In general
This section shall not apply to any obligation issued by a natural person before June 9, 1997.
(2) Termination
Paragraph (1) shall not apply to any obligation purchased (within the meaning of section 1272(d)(1)) 1 after June 8, 1997.
(c) Double inclusion in income not required
This section and sections 1272 and 1286 shall not require the inclusion of any amount previously includible in gross income.
(Added
Editorial Notes
References in Text
Section 1272(d), referred to in subsec. (b)(2), was redesignated section 1272(c) by
Amendments
2018—Subsec. (a)(2)(A)(ii).
Subsec. (a)(2)(B).
Subsec. (b)(1).
"(A) any obligation issued by a natural person before June 9, 1997, and
"(B) any obligation issued before July 2, 1982, by an issuer which is not a corporation and is not a government or political subdivision thereof."
Subsecs. (c), (d).
2014—Subsec. (c).
1997—Subsec. (b).
"(1)
"(2)
"(A) is not a corporation, and
"(B) is not a government or political subdivision thereof."
1988—Subsec. (a)(2)(A)(ii).
1986—Subsec. (a)(3)(B).
"(i) issued on a discount basis, and
"(ii) payable without interest at a fixed maturity date not more than 1 year from the date of issue.
Such term does not include any tax-exempt obligation."
Subsec. (a)(3)(D).
Subsec. (a)(3)(E).
Subsec. (a)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 2014 Amendment
Amendment by
Effective Date of 1997 Amendment
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date
"(a)
"(b)
"(1)
"(A) Except as otherwise provided in this subsection, section 1274 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as added by section 41) and the amendment made by section 41(b) (relating to amendment of section 483) shall apply to sales or exchanges after December 31, 1984.
"(B) Section 1274 of such Code and the amendment made by section 41(b) shall not apply to any sale or exchange pursuant to a written contract which was binding on March 1, 1984, and at all times thereafter before the sale or exchange.
"(2)
"(3)
"(A)
"(i)
"(I) after March 1, 1984, nothing in section 483 of the Internal Revenue Code of 1986 shall permit any interest to be deductible before the period to which such interest is properly allocable, or
"(II) after June 8, 1984, notwithstanding section 483 of the Internal Revenue Code of 1986 or any other provision of law, no interest shall be deductible before the period to which such interest is properly allocable.
"(ii)
"(B)
"(i) Subparagraph (A)(i)(I) shall not apply to any sale or exchange pursuant to a written contract which was binding on March 1, 1984, and at all times thereafter before the sale or exchange.
"(ii) Subparagraph (A)(i)(II) shall not apply to any sale or exchange pursuant to a written contract which was binding on June 8, 1984, and at all times thereafter before the sale or exchange.
"(C)
"(4)
"(A)
"(i) sections 483(c)(1)(B) and 1274(c)(3) of the Internal Revenue Code of 1986 shall be applied by substituting the testing rate determined under subparagraph (B) for 110 percent of the applicable Federal rate determined under section 1274(d) of such Code, and
"(ii) sections 483(b) and 1274(b) of such Code shall be applied by substituting the imputation rate determined under subparagraph (C) for 120 percent of the applicable Federal rate determined under section 1274(d) of such Code.
"(B)
"(i)
"(I) 9 percent, plus
"(II) if the borrowed amount exceeds $2,000,000, the excess determined under clause (ii) multiplied by a fraction the numerator of which is the borrowed amount to the extent it exceeds $2,000,000, and the denominator of which is the borrowed amount.
"(ii)
"(C)
"(i)
"(I) 10 percent, plus
"(II) if the borrowed amount exceeds $2,000,000, the excess determined under clause (ii) multiplied by a fraction the numerator of which is the borrowed amount to the extent it exceeds $2,000,000, and the denominator of which is the borrowed amount.
"(ii)
"(D)
"(E)
"(i) all sales or exchanges which are part of the same transaction (or a series of related transactions) shall be treated as one sale or exchange, and
"(ii) all debt instruments arising from the same transaction (or a series of related transactions) shall be treated as one debt instrument.
"(F)
"(i) section 1274 of the Internal Revenue Code of 1986 shall not apply, and
"(ii) interest on the obligation issued in connection with such sale or exchange shall be taken into account by both buyer and seller on the cash receipts and disbursements method of accounting.
The Secretary of the Treasury or his delegate may by regulation prescribe rules to prevent the mismatching of interest income and interest deductions in connection with obligations on which interest is computed on the cash receipts and disbursements method of accounting.
"(G)
"(5)
"(A) assumes, in connection with the sale or exchange of property, any debt obligation, or
"(B) acquires any property subject to any debt obligation,
sections 1274 and 483 of the Internal Revenue Code of 1986 shall apply to such debt obligation by reason of such assumption (or such acquisition).
"(6)
"(A)
"(i) assumes, in connection with the sale or exchange of property, any debt obligation described in subparagraph (B) and issued on or before October 15, 1984, or
"(ii) acquires any property subject to any such debt obligation issued on or before October 15, 1984,
sections 1274 and 483 of the Internal Revenue Code of 1986 shall not be applied to such debt obligation by reason of such assumption (or such acquisition) unless the terms and conditions of such debt obligation are modified in connection with the assumption (or acquisition).
"(B)
"(i) was issued on or before October 15, 1984, and
"(ii) was assumed (or property was taken subject to such obligation) in connection with the sale or exchange of property (including a deemed sale under section 338 (a)) the sales price of which is not greater than $100,000,000.
"(C)
"(D)
"(7)
"(A)
"(i) assumes, in connection with the sale or exchange of property described in subparagraph (B), any debt obligation, or
"(ii) acquires any such property subject to any such debt obligation,
sections 1274 and 483 of the Internal Revenue Code of 1986 shall not be applied to such debt obligation by reason of such assumption (or such acquisition) unless the terms and conditions of such debt obligation are modified in connection with the assumption (or acquisition).
"(B)
"(i)
"(I) either—
"(aa) such residence on the date of such sale or exchange (or in the case of an estate or testamentary trust, on the date of death of the decedent) was the principal residence (within the meaning of section 1034) of the individual or decedent, or
"(bb) during the 2-year period ending on such date, no substantial portion of such residence was of a character subject to an allowance under this title [probably means the Internal Revenue Code of 1986] for depreciation (or amortization in lieu thereof) in the hands of such individual or decedent, and
"(II) such residence was not at any time, in the hands of such individual, estate, testamentary trust, or decedent, described in section 1221(1) (relating to inventory, etc.).
"(ii)
"(I) real property which was used as a farm (within the meaning of section 6420(c)(2)) at all times during the 3-year period ending on the date of such sale or exchange, or
"(II) tangible personal property which was used in the active conduct of the trade or business of farming on such farm and is sold in connection with the sale of such farm,
but only if such property is sold or exchanged for use in the active conduct of the trade or business of farming by the transferee of such property.
"(iii)
"(I)
"(II)
"(III)
"(iv)
This subparagraph shall not apply to any transaction described in the last sentence of paragraph (6)(B) (relating to transaction in excess of $100,000,000).
"(C)
"(i)
"(I) a person who—
"(aa) is an individual, estate, or testamentary trust,
"(bb) is a corporation which immediately prior to the date of the sale or exchange has 35 or fewer shareholders, or
"(cc) is a partnership which immediately prior to the date of the sale or exchange has 35 or fewer partners,
"(II) is a 10-percent owner of a farm or a trade or business,
"(III) pursuant to a plan, disposes of—
"(aa) an interest in a farm or farm property, or
"(bb) his entire interest in a trade or business and all substantially similar trades or businesses, and
"(IV) the ownership interest of whom may be readily established by reason of qualified allocations (of the type described in section 168(j)(9)(B), one class of stock, or the like).
"(ii) 10-
"(iii)
"(I)
"(II)
"(c)
"(1)
"(2)
"(d)
"(e) 5-
"(1)
"(2) 5-
"(A)
"(i) the provisions of section 1281 of the Internal Revenue Code of 1986 (as added by section 41) shall be treated as a change in the method of accounting of the taxpayer,
"(ii) such change shall be treated as having been made with the consent of the Secretary, and
"(iii) the net amount of the adjustments required by section 481(a) of such Code to be taken into account by the taxpayer in computing taxable income (hereinafter in this paragraph referred to as the 'net adjustments') shall be taken into account during the spread period with the amount taken into account in each taxable year in such period determined under subparagraph (B).
"(B)
"(i)
"(I) one-fifth of the net adjustments, and
"(II) the excess (if any) of—
"(a) the cash basis income over the accrual basis income, over
"(b) one-fifth of the net adjustments.
"(ii)
"(I) the portion of the net adjustments not taken into account in the preceding taxable year of the spread period divided by the number of remaining taxable years in the spread period (including the year for which the determination is being made), and
"(II) the excess (if any) of—
"(a) the excess of the cash basis income over the accrual basis income, over
"(b) one-fifth of the net adjustments, multiplied by 5 minus the number of years remaining in the spread period (not including the current year).
The excess described in subparagraph (B)(ii)(II)(a) shall be reduced by any amount taken into account under this subclause or clause (i)(II) in any prior year.
"(C)
"(D)
"(E)
"(f)
"(g)
"(h)
"(i)
"(1)
"(2)
"(j)
[Amendment of section 44 of
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101–1147 and 1171–1177] or title XVIII [§§1800–1899A] of
1 See References in Text note below.
§1272. Current inclusion in income of original issue discount
(a) Original issue discount included in income on basis of constant interest rate
(1) General rule
For purposes of this title, there shall be included in the gross income of the holder of any debt instrument having original issue discount, an amount equal to the sum of the daily portions of the original issue discount for each day during the taxable year on which such holder held such debt instrument.
(2) Exceptions
Paragraph (1) shall not apply to—
(A) Tax-exempt obligations
Any tax-exempt obligation.
(B) United States savings bonds
Any United States savings bond.
(C) Short-term obligations
Any debt instrument which has a fixed maturity date not more than 1 year from the date of issue.
(D) Loans between natural persons
(i) In general
Any loan made by a natural person to another natural person if—
(I) such loan is not made in the course of a trade or business of the lender, and
(II) the amount of such loan (when increased by the outstanding amount of prior loans by such natural person to such other natural person) does not exceed $10,000.
(ii) Clause (i) not to apply where tax avoidance a principal purpose
Clause (i) shall not apply if the loan has as 1 of its principal purposes the avoidance of any Federal tax.
(iii) Treatment of husband and wife
For purposes of this subparagraph, a husband and wife shall be treated as 1 person. The preceding sentence shall not apply where the spouses lived apart at all times during the taxable year in which the loan is made.
(3) Determination of daily portions
For purposes of paragraph (1), the daily portion of the original issue discount on any debt instrument shall be determined by allocating to each day in any accrual period its ratable portion of the increase during such accrual period in the adjusted issue price of the debt instrument. For purposes of the preceding sentence, the increase in the adjusted issue price for any accrual period shall be an amount equal to the excess (if any) of—
(A) the product of—
(i) the adjusted issue price of the debt instrument at the beginning of such accrual period, and
(ii) the yield to maturity (determined on the basis of compounding at the close of each accrual period and properly adjusted for the length of the accrual period), over
(B) the sum of the amounts payable as interest on such debt instrument during such accrual period.
(4) Adjusted issue price
For purposes of this subsection, the adjusted issue price of any debt instrument at the beginning of any accrual period is the sum of—
(A) the issue price of such debt instrument, plus
(B) the adjustments under this subsection to such issue price for all periods before the first day of such accrual period.
(5) Accrual period
Except as otherwise provided in regulations prescribed by the Secretary, the term "accrual period" means a 6-month period (or shorter period from the date of original issue of the debt instrument) which ends on a day in the calendar year corresponding to the maturity date of the debt instrument or the date 6 months before such maturity date.
(6) Determination of daily portions where principal subject to acceleration
(A) In general
In the case of any debt instrument to which this paragraph applies, the daily portion of the original issue discount shall be determined by allocating to each day in any accrual period its ratable portion of the excess (if any) of—
(i) the sum of (I) the present value determined under subparagraph (B) of all remaining payments under the debt instrument as of the close of such period, and (II) the payments during the accrual period of amounts included in the stated redemption price of the debt instrument, over
(ii) the adjusted issue price of such debt instrument at the beginning of such period.
(B) Determination of present value
For purposes of subparagraph (A), the present value shall be determined on the basis of—
(i) the original yield to maturity (determined on the basis of compounding at the close of each accrual period and properly adjusted for the length of the accrual period),
(ii) events which have occurred before the close of the accrual period, and
(iii) a prepayment assumption determined in the manner prescribed by regulations.
(C) Debt instruments to which paragraph applies
This paragraph applies to—
(i) any regular interest in a REMIC or qualified mortgage held by a REMIC,
(ii) any other debt instrument if payments under such debt instrument may be accelerated by reason of prepayments of other obligations securing such debt instrument (or, to the extent provided in regulations, by reason of other events), or
(iii) any pool of debt instruments the yield on which may be affected by reason of prepayments (or to the extent provided in regulations, by reason of other events).
To the extent provided in regulations prescribed by the Secretary, in the case of a small business engaged in the trade or business of selling tangible personal property at retail, clause (iii) shall not apply to debt instruments incurred in the ordinary course of such trade or business while held by such business.
(7) Reduction where subsequent holder pays acquisition premium
(A) Reduction
For purposes of this subsection, in the case of any purchase after its original issue of a debt instrument to which this subsection applies, the daily portion for any day shall be reduced by an amount equal to the amount which would be the daily portion for such day (without regard to this paragraph) multiplied by the fraction determined under subparagraph (B).
(B) Determination of fraction
For purposes of subparagraph (A), the fraction determined under this subparagraph is a fraction—
(i) the numerator of which is the excess (if any) of—
(I) the cost of such debt instrument incurred by the purchaser, over
(II) the issue price of such debt instrument, increased by the portion of original issue discount previously includible in the gross income of any holder (computed without regard to this paragraph), and
(ii) the denominator of which is the sum of the daily portions for such debt instrument for all days after the date of such purchase and ending on the stated maturity date (computed without regard to this paragraph).
(b) Exceptions
This section shall not apply to any holder—
(1) who has purchased the debt instrument at a premium, or
(2) which is a life insurance company to which section 811(b) applies.
(c) Definition and special rule
(1) Purchase defined
For purposes of this section, the term "purchase" means—
(A) any acquisition of a debt instrument, where
(B) the basis of the debt instrument is not determined in whole or in part by reference to the adjusted basis of such debt instrument in the hands of the person from whom acquired.
(2) Basis adjustment
The basis of any debt instrument in the hands of the holder thereof shall be increased by the amount included in his gross income pursuant to this section.
(Added
Editorial Notes
Amendments
2018—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2)(D), (E).
Subsecs. (b) to (d).
1997—Subsec. (a)(6)(C).
1986—Subsec. (a)(6), (7).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by section 401(c)(1)(B), (F) of
Amendment by section 401(c)(3)(A) of
Effective Date of 1997 Amendment
Effective Date of 1986 Amendment
Amendment by
Effective Date
Section applicable to taxable years ending after July 18, 1984, but not applicable to any obligation issued on or before Dec. 31, 1984, which is not a capital asset in the hands of the taxpayer, and subsec. (a)(6) of this section not applicable to any purchase on or before July 18, 1984, see section 44 of
Change in Method of Accounting
"(A) such change shall be treated as initiated by the taxpayer,
"(B) such change shall be treated as made with the consent of the Secretary of the Treasury, and
"(C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over the 4-taxable year period beginning with such first taxable year."
§1273. Determination of amount of original issue discount
(a) General rule
For purposes of this subpart—
(1) In general
The term "original issue discount" means the excess (if any) of—
(A) the stated redemption price at maturity, over
(B) the issue price.
(2) Stated redemption price at maturity
The term "stated redemption price at maturity" means the amount fixed by the last modification of the purchase agreement and includes interest and other amounts payable at that time (other than any interest based on a fixed rate, and payable unconditionally at fixed periodic intervals of 1 year or less during the entire term of the debt instrument).
(3) ¼ of 1 percent de minimis rule
If the original issue discount determined under paragraph (1) is less than—
(A) ¼ of 1 percent of the stated redemption price at maturity, multiplied by
(B) the number of complete years to maturity,
then the original issue discount shall be treated as zero.
(b) Issue price
For purposes of this subpart—
(1) Publicly offered debt instruments not issued for property
In the case of any issue of debt instruments—
(A) publicly offered, and
(B) not issued for property,
the issue price is the initial offering price to the public (excluding bond houses and brokers) at which price a substantial amount of such debt instruments was sold.
(2) Other debt instruments not issued for property
In the case of any issue of debt instruments not issued for property and not publicly offered, the issue price of each such instrument is the price paid by the first buyer of such debt instrument.
(3) Debt instruments issued for property where there is public trading
In the case of a debt instrument which is issued for property and which—
(A) is part of an issue a portion of which is traded on an established securities market, or
(B)(i) is issued for stock or securities which are traded on an established securities market, or
(ii) to the extent provided in regulations, is issued for property (other than stock or securities) of a kind regularly traded on an established market,
the issue price of such debt instrument shall be the fair market value of such property.
(4) Other cases
Except in any case—
(A) to which paragraph (1), (2), or (3) of this subsection applies, or
(B) to which section 1274 applies,
the issue price of a debt instrument which is issued for property shall be the stated redemption price at maturity.
(5) Property
In applying this subsection, the term "property" includes services and the right to use property, but such term does not include money.
(c) Special rules for applying subsection (b)
For purposes of subsection (b)—
(1) Initial offering price; price paid by the first buyer
The terms "initial offering price" and "price paid by the first buyer" include the aggregate payments made by the purchaser under the purchase agreement, including modifications thereof.
(2) Treatment of investment units
In the case of any debt instrument and an option, security, or other property issued together as an investment unit—
(A) the issue price for such unit shall be determined in accordance with the rules of this subsection and subsection (b) as if it were a debt instrument,
(B) the issue price determined for such unit shall be allocated to each element of such unit on the basis of the relationship of the fair market value of such element to the fair market value of all elements in such unit, and
(C) the issue price of any debt instrument included in such unit shall be the portion of the issue price of the unit allocated to the debt instrument under subparagraph (B).
(Added
Editorial Notes
Amendments
1986—Subsec. (b)(3)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
Effective Date
Section applicable to taxable years ending after July 18, 1984, except as otherwise provided, see section 44 of
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101–1147 and 1171–1177] or title XVIII [§§1800–1899A] of
§1274. Determination of issue price in the case of certain debt instruments issued for property
(a) In general
In the case of any debt instrument to which this section applies, for purposes of this subpart, the issue price shall be—
(1) where there is adequate stated interest, the stated principal amount, or
(2) in any other case, the imputed principal amount.
(b) Imputed principal amount
For purposes of this section—
(1) In general
Except as provided in paragraph (3), the imputed principal amount of any debt instrument shall be equal to the sum of the present values of all payments due under such debt instrument.
(2) Determination of present value
For purposes of paragraph (1), the present value of a payment shall be determined in the manner provided by regulations prescribed by the Secretary—
(A) as of the date of the sale or exchange, and
(B) by using a discount rate equal to the applicable Federal rate, compounded semiannually.
(3) Fair market value rule in potentially abusive situations
(A) In general
In the case of any potentially abusive situation, the imputed principal amount of any debt instrument received in exchange for property shall be the fair market value of such property adjusted to take into account other consideration involved in the transaction.
(B) Potentially abusive situation defined
For purposes of subparagraph (A), the term "potentially abusive situation" means—
(i) a tax shelter (as defined in section 6662(d)(2)(C)(ii)), and
(ii) any other situation which, by reason of—
(I) recent sales transactions,
(II) nonrecourse financing,
(III) financing with a term in excess of the economic life of the property, or
(IV) other circumstances,
is of a type which the Secretary specifies by regulations as having potential for tax avoidance.
(c) Debt instruments to which section applies
(1) In general
Except as otherwise provided in this subsection, this section shall apply to any debt instrument given in consideration for the sale or exchange of property if—
(A) the stated redemption price at maturity for such debt instrument exceeds—
(i) where there is adequate stated interest, the stated principal amount, or
(ii) in any other case, the imputed principal amount of such debt instrument determined under subsection (b), and
(B) some or all of the payments due under such debt instrument are due more than 6 months after the date of such sale or exchange.
(2) Adequate stated interest
For purposes of this section, there is adequate stated interest with respect to any debt instrument if the stated principal amount for such debt instrument is less than or equal to the imputed principal amount of such debt instrument determined under subsection (b).
(3) Exceptions
This section shall not apply to—
(A) Sales for $1,000,000 or less of farms by individuals or small businesses
(i) In general
Any debt instrument arising from the sale or exchange of a farm (within the meaning of section 6420(c)(2))—
(I) by an individual, estate, or testamentary trust,
(II) by a corporation which as of the date of the sale or exchange is a small business corporation (as defined in section 1244(c)(3)), or
(III) by a partnership which as of the date of the sale or exchange meets requirements similar to those of section 1244(c)(3).
(ii) $1,000,000 limitation
Clause (i) shall apply only if it can be determined at the time of the sale or exchange that the sales price cannot exceed $1,000,000. For purposes of the preceding sentence, all sales and exchanges which are part of the same transaction (or a series of related transactions) shall be treated as 1 sale or exchange.
(B) Sales of principal residences
Any debt instrument arising from the sale or exchange by an individual of his principal residence (within the meaning of section 121).
(C) Sales involving total payments of $250,000 or less
(i) In general
Any debt instrument arising from the sale or exchange of property if the sum of the following amounts does not exceed $250,000:
(I) the aggregate amount of the payments due under such debt instrument and all other debt instruments received as consideration for the sale or exchange, and
(II) the aggregate amount of any other consideration to be received for the sale or exchange.
(ii) Consideration other than debt instrument taken into account at fair market value
For purposes of clause (i), any consideration (other than a debt instrument) shall be taken into account at its fair market value.
(iii) Aggregation of transactions
For purposes of this subparagraph, all sales and exchanges which are part of the same transaction (or a series of related transactions) shall be treated as 1 sale or exchange.
(D) Debt instruments which are publicly traded or issued for publicly traded property
Any debt instrument to which section 1273(b)(3) applies.
(E) Certain sales of patents
In the case of any transfer described in section 1235(a) (relating to sale or exchange of patents), any amount contingent on the productivity, use, or disposition of the property transferred.
(F) Sales or exchanges to which section 483(e) applies
Any debt instrument to the extent section 483(e) (relating to certain land transfers between related persons) applies to such instrument.
(4) Exception for assumptions
If any person—
(A) in connection with the sale or exchange of property, assumes any debt instrument, or
(B) acquires any property subject to any debt instrument,
in determining whether this section or section 483 applies to such debt instrument, such assumption (or such acquisition) shall not be taken into account unless the terms and conditions of such debt instrument are modified (or the nature of the transaction is changed) in connection with the assumption (or acquisition).
(d) Determination of applicable Federal rate
For purposes of this section—
(1) Applicable Federal rate
(A) In general
| In the case of a debt instrument with a term of: | The applicable Federal rate is: |
|---|---|
| Not over 3 years | The Federal short-term rate. |
| Over 3 years but not over 9 years | The Federal mid-term rate. |
| Over 9 years | The Federal long-term rate. |
(B) Determination of rates
During each calendar month, the Secretary shall determine the Federal short-term rate, mid-term rate, and long-term rate which shall apply during the following calendar month.
(C) Federal rate for any calendar month
For purposes of this paragraph—
(i) Federal short-term rate
The Federal short-term rate shall be the rate determined by the Secretary based on the average market yield (during any 1-month period selected by the Secretary and ending in the calendar month in which the determination is made) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 years or less.
(ii) Federal mid-term and long-term rates
The Federal mid-term and long-term rate shall be determined in accordance with the principles of clause (i).
(D) Lower rate permitted in certain cases
The Secretary may by regulations permit a rate to be used with respect to any debt instrument which is lower than the applicable Federal rate if the taxpayer establishes to the satisfaction of the Secretary that such lower rate is based on the same principles as the applicable Federal rate and is appropriate for the term of such instrument.
(2) Lowest 3-month rate applicable to any sale or exchange
(A) In general
In the case of any sale or exchange, the applicable Federal rate shall be the lowest 3-month rate.
(B) Lowest 3-month rate
For purposes of subparagraph (A), the term "lowest 3-month rate" means the lowest of the applicable Federal rates in effect for any month in the 3-calendar-month period ending with the 1st calendar month in which there is a binding contract in writing for such sale or exchange.
(3) Term of debt instrument
In determining the term of a debt instrument for purposes of this subsection, under regulations prescribed by the Secretary, there shall be taken into account options to renew or extend.
(e) 110 Percent rate where sale-leaseback involved
(1) In general
In the case of any debt instrument to which this subsection applies, the discount rate used under subsection (b)(2)(B) or section 483(b) shall be 110 percent of the applicable Federal rate, compounded semiannually.
(2) Lower discount rates shall not apply
Section 1274A shall not apply to any debt instrument to which this subsection applies.
(3) Debt instruments to which this subsection applies
This subsection shall apply to any debt instrument given in consideration for the sale or exchange of any property if, pursuant to a plan, the transferor or any related person leases a portion of such property after such sale or exchange.
(Added
Editorial Notes
Amendments
2018—Subsec. (b)(3)(B)(i).
1997—Subsec. (c)(3)(B).
1996—Subsec. (b)(3)(B)(i).
1989—Subsec. (b)(3)(B)(i).
1986—Subsec. (c)(3)(A).
1985—Subsec. (b)(2)(B).
Subsec. (c)(1)(A)(ii).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4).
Subsec. (d)(1)(B) to (D).
Subsec. (d)(2).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1985 Amendment
"(1)
"(2)
Effective Date
Section applicable to taxable years ending after July 18, 1984, and applicable to sales or exchanges after Dec. 31, 1984, but not applicable to any sale or exchange pursuant to a written contract which was binding on Mar. 1, 1984, and at all times thereafter before the sale or exchange, see section 44 of
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101–1147 and 1171–1177] or title XVIII [§§1800–1899A] of
Transitional Rule for Purposes of Imputed Interest Rules
Provisions respecting treatment of debt instruments received in exchange for property, relating to special rules for sales after Dec. 31, 1984, and before July 1, 1985, general rule for assumptions of loans, exception for assumptions of loans made on or before Oct. 15, 1984, and exception for assumptions of loans with respect to certain property, see section 44(b)(4)–(7) of
§1274A. Special rules for certain transactions where stated principal amount does not exceed $2,800,000
(a) Lower discount rate
In the case of any qualified debt instrument, the discount rate used for purposes of sections 483 and 1274 shall not exceed 9 percent, compounded semiannually.
(b) Qualified debt instrument defined
For purposes of this section, the term "qualified debt instrument" means any debt instrument given in consideration for the sale or exchange of property (other than new section 38 property within the meaning of section 48(b), as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) if the stated principal amount of such instrument does not exceed $2,800,000.
(c) Election to use cash method where stated principal amount does not exceed $2,000,000
(1) In general
In the case of any cash method debt instrument—
(A) section 1274 shall not apply, and
(B) interest on such debt instrument shall be taken into account by both the borrower and the lender under the cash receipts and disbursements method of accounting.
(2) Cash method debt instrument
For purposes of paragraph (1), the term "cash method debt instrument" means any qualified debt instrument if—
(A) the stated principal amount does not exceed $2,000,000,
(B) the lender does not use an accrual method of accounting and is not a dealer with respect to the property sold or exchanged,
(C) section 1274 would have applied to such instrument but for an election under this subsection, and
(D) an election under this subsection is jointly made with respect to such debt instrument by the borrower and lender.
(3) Successors bound by election
(A) In general
Except as provided in subparagraph (B), paragraph (1) shall apply to any successor to the borrower or lender with respect to a cash method debt instrument.
(B) Exception where lender transfers debt instrument to accrual method taxpayer
If the lender (or any successor) transfers any cash method debt instrument to a taxpayer who uses an accrual method of accounting, this paragraph shall not apply with respect to such instrument for periods after such transfer.
(4) Fair market value rule in potentially abusive situations
In the case of any cash method debt instrument, section 483 shall be applied as if it included provisions similar to the provisions of section 1274(b)(3).
(d) Other special rules
(1) Aggregation rules
For purposes of this section—
(A) all sales or exchanges which are part of the same transaction (or a series of related transactions) shall be treated as 1 sale or exchange, and
(B) all debt instruments arising from the same transaction (or a series of related transactions) shall be treated as 1 debt instrument.
(2) Adjustment for inflation
In the case of any debt instrument arising out of a sale or exchange during any calendar year after 1989, each dollar amount contained in the preceding provisions of this section shall be increased by an amount equal to—
(A) such amount, multiplied by
(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting "calendar year 1988" for "calendar year 2016" in subparagraph (A)(ii) thereof.
Any increase under the preceding sentence shall be rounded to the nearest multiple of $100 (or, if such increase is a multiple of $50, such increase shall be increased to the nearest multiple of $100).
(e) Regulations
The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including—
(1) regulations coordinating the provisions of this section with other provisions of this title,
(2) regulations necessary to prevent the avoidance of tax through the abuse of the provisions of subsection (c), and
(3) regulations relating to the treatment of transfers of cash method debt instruments.
(Added
Inflation Adjusted Items for Certain Years
For inflation adjustment of certain items in this section, see Revenue Rulings listed in a table below and Revenue Procedures listed in a table under
Editorial Notes
References in Text
The date of the enactment of the Revenue Reconciliation Act of 1990, referred to in subsec. (b), is the date of enactment of
Amendments
2017—Subsec. (d)(2).
"(A)
"(B)
"(i) the CPI for the preceding calendar year exceeds
"(ii) the CPI for calendar year 1988.
For purposes of the preceding sentence, the CPI for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on September 30 of such calendar year."
1996—Subsec. (c)(1)(B).
1990—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date
Section applicable to sales and exchanges after June 30, 1985, in taxable years ending after such date, see section 105(a)(1) of
Savings Provision
For provisions that nothing in amendment by
Inflation Adjusted Items for Certain Years
Per Revenue Procedure 2018–57, after 2018, a separate Revenue Ruling relating to inflation-adjusted amounts under this section will not be published. Starting with 2019, see the table of Revenue Procedures set out under
2018—Revenue Ruling 2018–11.
2017—Revenue Ruling 2016–30.
2016—Revenue Ruling 2015–24.
2015—Revenue Ruling 2014–30.
2014—Revenue Ruling 2013–23.
2013—Revenue Ruling 2012–33.
2012—Revenue Ruling 2011–27.
2011—Revenue Ruling 2010–30.
2010—Revenue Ruling 2010–2.
2009—Revenue Ruling 2008–52.
2008—Revenue Ruling 2008–3.
2007—Revenue Ruling 2007–4.
2006—Revenue Ruling 2005–76.
2005—Revenue Ruling 2004–107.
2004—Revenue Ruling 2003–119.
2003—Revenue Ruling 2002–79.
2002—Revenue Ruling 2001–65.
2001—Revenue Ruling 2000–55.
2000—Revenue Ruling 99–50.
1999—Revenue Ruling 98–58.
1998—Revenue Ruling 97–56.
1997—Revenue Ruling 96–63.
1996—Revenue Ruling 96–4.
§1275. Other definitions and special rules
(a) Definitions
For purposes of this subpart—
(1) Debt instrument
(A) In general
Except as provided in subparagraph (B), the term "debt instrument" means a bond, debenture, note, or certificate or other evidence of indebtedness.
(B) Exception for certain annuity contracts
The term "debt instrument" shall not include any annuity contract to which section 72 applies and which—
(i) depends (in whole or in substantial part) on the life expectancy of 1 or more individuals, or
(ii) is issued by an insurance company subject to tax under subchapter L (or by an entity described in section 501(c) and exempt from tax under section 501(a) which would be subject to tax under subchapter L were it not so exempt)—
(I) in a transaction in which there is no consideration other than cash or another annuity contract meeting the requirements of this clause,
(II) pursuant to the exercise of an election under an insurance contract by a beneficiary thereof on the death of the insured party under such contract, or
(III) in a transaction involving a qualified pension or employee benefit plan.
(2) Issue date
(A) Publicly offered debt instruments
In the case of any debt instrument which is publicly offered, the term "date of original issue" means the date on which the issue was first issued to the public.
(B) Issues not publicly offered and not issued for property
In the case of any debt instrument to which section 1273(b)(2) applies, the term "date of original issue" means the date on which the debt instrument was sold by the issuer.
(C) Other debt instruments
In the case of any debt instrument not described in subparagraph (A) or (B), the term "date of original issue" means the date on which the debt instrument was issued in a sale or exchange.
(3) Tax-exempt obligation
The term "tax-exempt obligation" means any obligation if—
(A) the interest on such obligation is not includible in gross income under section 103, or
(B) the interest on such obligation is exempt from tax (without regard to the identity of the holder) under any other provision of law.
(4) Treatment of obligations distributed by corporations
Any debt obligation of a corporation distributed by such corporation with respect to its stock shall be treated as if it had been issued by such corporation for property.
(b) Treatment of borrower in the case of certain loans for personal use
(1) Sections 1274 and 483 not to apply
In the case of the obligor under any debt instrument given in consideration for the sale or exchange of property, sections 1274 and 483 shall not apply if such property is personal use property.
(2) Original issue discount deducted on cash basis in certain cases
In the case of any debt instrument, if—
(A) such instrument—
(i) is incurred in connection with the acquisition or carrying of personal use property, and
(ii) has original issue discount (determined after the application of paragraph (1)), and
(B) the obligor under such instrument uses the cash receipts and disbursements method of accounting,
notwithstanding section 163(e), the original issue discount on such instrument shall be deductible only when paid.
(3) Personal use property
For purposes of this subsection, the term "personal use property" means any property substantially all of the use of which by the taxpayer is not in connection with a trade or business of the taxpayer or an activity described in section 212. The determination of whether property is described in the preceding sentence shall be made as of the time of issuance of the debt instrument.
(c) Information requirements
(1) Information required to be set forth on instrument
(A) In general
In the case of any debt instrument having original issue discount, the Secretary may by regulations require that—
(i) the amount of the original issue discount, and
(ii) the issue date,
be set forth on such instrument.
(B) Special rule for instruments not publicly offered
In the case of any issue of debt instruments not publicly offered, the regulations prescribed under subparagraph (A) shall not require the information to be set forth on the debt instrument before any disposition of such instrument by the first buyer.
(2) Information required to be submitted to Secretary
In the case of any issue of publicly offered debt instruments having original issue discount, the issuer shall (at such time and in such manner as the Secretary shall by regulation prescribe) furnish the Secretary the following information:
(A) The amount of the original issue discount.
(B) The issue date.
(C) Such other information with respect to the issue as the Secretary may by regulations require.
For purposes of the preceding sentence, any person who makes a public offering of stripped bonds (or stripped coupons) shall be treated as the issuer of a publicly offered debt instrument having original issue discount.
(3) Exceptions
This subsection shall not apply to any obligation referred to in section 1272(a)(2) (relating to exceptions from current inclusion of original issue discount).
(4) Cross reference
For civil penalty for failure to meet requirements of this subsection, see section 6706.
(d) Regulation authority
The Secretary may prescribe regulations providing that where, by reason of varying rates of interest, put or call options, indefinite maturities, contingent payments, assumptions of debt instruments, or other circumstances, the tax treatment under this subpart (or section 163(e)) does not carry out the purposes of this subpart (or section 163(e)), such treatment shall be modified to the extent appropriate to carry out the purposes of this subpart (or section 163(e)).
(Added and amended
Editorial Notes
Amendments
2000—Subsec. (a)(1)(B)(ii).
1990—Subsec. (a)(4), (5).
1988—Subsec. (a)(4)(B)(ii)(I).
1986—Subsec. (a)(4), (5).
1984—Subsec. (a)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date
Section applicable to taxable years ending after July 18, 1984, but subsec. (c) of this section effective on the day 30 days after July 18, 1984, see section 44 of
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1101–1147 and 1171–1177] or title XVIII [§§1800–1899A] of