Amended 2018
- 2018 Pub. L. 115-141 Pub. L. 115–141, § 401(c)(1)(A)(i), redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to special rule for certain obligations with respect to which original issue discount not currently includible.
Final rules 4
(a) General rule For purposes of this title—
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(1) Retirement Amounts received by the holder on retirement of any debt instrument shall be considered as amounts received in exchange therefor.
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(2) Ordinary income on sale or exchange where intention to call before maturity
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(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)),
Amended 1988, 2018
- 2018 Pub. L. 115-141 Pub. L. 115–141, § 401(c)(1)(D), substituted “section 1272(a)(7)” for “subsection (a)(7) or (b)(4) of section 1272”.
- 1988 Pub. L. 100-647 Pub. L. 100–647 substituted “subsection (a)(7)” for “subsection (a)(6)”.
shall be treated as ordinary income.
(B) Exceptions This paragraph shall not apply to—
Amended 2018
- 2018 Pub. L. 115-141 Pub. L. 115–141, § 401(c)(1)(A)(ii), struck out “(and paragraph (2) of subsection (c))” after “This paragraph” in introductory provisions.
(i) any tax-exempt obligation, or
(ii) any holder who has purchased the debt instrument at a premium.
(3) Certain short-term Government obligations
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(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.
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(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.
Amended 1986
- 1986 Pub. L. 99-514 Pub. L. 99–514, § 1803(a)(3), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “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 is—
“(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.”
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(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—
Amended 1986
- 1986 Pub. L. 99-514 Pub. L. 99–514, § 1803(a)(2)(B), inserted “except as provided in subparagraph (E),”.
(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—
Amended 1986
- 1986 Pub. L. 99-514 Pub. L. 99–514, § 1803(a)(2)(A), added subpar. (E).
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(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
Amended 1986
- 1986 Pub. L. 99-514 Pub. L. 99–514, § 1803(a)(1)(A), added par. (4).
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(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—
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(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
Amended 1997
- 1997 Pub. L. 105-34 Pub. L. 105–34 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “This section shall not apply to—
“(1) Natural persons.—Any obligation issued by a natural person.
“(2) Obligations issued before July 2, 1982, by certain issuers.—Any obligation issued before July 2, 1982, by an issuer which—
“(A) is not a corporation, and
“(B) is not a government or political subdivision thereof.”
(1) In general This section shall not apply to any obligation issued by a natural person before June 9, 1997.
Amended 2018
- 2018 Pub. L. 115-141 Pub. L. 115–141, § 401(c)(1)(E), amended par. (1) generally. Prior to amendment, text read as follows: “This section shall not apply to—
“(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.”
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(2) Termination Paragraph (1) shall not apply to any obligation purchased (within the meaning of section 1272(d)(1)) [OLRC note: See References in Text note below.] 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.
Amended 2014, 2018
- 2018 Pub. L. 115-141 Pub. L. 115–141, § 401(c)(1)(A)(i), redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to special rule for certain obligations with respect to which original issue discount not currently includible.
- 2014 Pub. L. 113-295 Pub. L. 113–295 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to transition rules, including special rules for certain obligations issued before Jan. 1, 1955, and for certain obligations with respect to which original issue discount was not currently includible.