26 U.S.C. § 163: Interest

(a) General rule There shall be allowed as a deduction all interest paid or accrued within the taxable year on indebtedness.

Cases: Golder v. Commissioner, 604 F.2d 34 (9th Cir. 1979)

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(b) Installment purchases where interest charge is not separately stated

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(1) General rule If personal property or educational services are purchased under a contract—

“If personal property or educational services are purchased under a contract—” Opening words

Textual readingALL OF= payments treated as including 6 percent interest

(A) which provides that payment of part or all of the purchase price is to be made in installments, and

(B) in which carrying charges are separately stated but the interest charge cannot be ascertained,

then the payments made during the taxable year under the contract shall be treated for purposes of this section as if they included interest equal to 6 percent of the average unpaid balance under the contract during the taxable year. For purposes of the preceding sentence, the average unpaid balance is the sum of the unpaid balance outstanding on the first day of each month beginning during the taxable year, divided by 12. For purposes of this paragraph, the term “educational services” means any service (including lodging) which is purchased from an educational organization described in section 170(b)(1)(A)(ii) and which is provided for a student of such organization.

Amended 1964, 1976

1976 Pub. L. 94-455 Pub. L. 94–455, § 1901(b)(8)(C), substituted “organization described in section 170(b)(1)(A)(ii) and which is provided for a student of such organization” for “institution (as defined in section 151(e)(4)) and which is provided for a student of such institution”.
1964 Pub. L. 88-272 Pub. L. 88–272 included the purchase of educational services, and defined “educational services”.

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(2) Limitation In the case of any contract to which paragraph (1) applies, the amount treated as interest for any taxable year shall not exceed the aggregate carrying charges which are properly attributable to such taxable year.

(c) Redeemable ground rents For purposes of this subtitle, any annual or periodic rental under a redeemable ground rent (excluding amounts in redemption thereof) shall be treated as interest on an indebtedness secured by a mortgage.

Amended 1963

1963 Pub. L. 88-9 Pub. L. 88–9, § 1(a), (c), added subsec. (c), redesignated former subsec. (c) as (d) and added par. (5).

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(d) Limitation on investment interest

§ 1.163(d)-1 Time and manner for making elections under the Omnibus Budget Reconciliation Act of 1993 and the Jobs and Growth Tax Relief Reconciliation Act of 2003.

Amended 1963, 1969, 1971, 1976, 1986, 1988, 2014

2014 Pub. L. 113-295 Pub. L. 113–295, § 221(a)(25)(A)(i), struck out par. (6) which related to phase-in of disallowance.
1988 Pub. L. 100-647 Pub. L. 100–647, § 1005(c)(3), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “The amount of interest disallowed under this subsection for any such taxable year shall be equal to the sum of—
“(i) the applicable percentage of the amount which (without regard to this paragraph) is not allowed as a deduction under this subsection for the taxable year to the extent such amount does not exceed the ceiling amount,
“(ii) the amount which (without regard to this paragraph) is not allowed as a deduction under this subsection in excess of the ceiling amount, plus
“(iii) the amount of any carryforward to such taxable year under paragraph (2) with respect to which a deduction was disallowed under this subsection for a preceding taxable year.
For purposes of this subparagraph, the amount under clause (i) or (ii) shall be computed without regard to the amount described in clause (iii).”
1986 Pub. L. 99-514 Pub. L. 99–514, § 511(a), substituted “Limitation on investment interest” for “Limitation on interest on investment indebtedness” in heading, and amended text generally, revising and restating as pars. (1) to (6) provisions of former pars. (1) to (7).
1976 Pub. L. 94-455 Pub. L. 94–455, §§ 209(a)(4), 1906(b)(13)(A), redesignated par. (7) as (6) and struck out in provision following subpar. (B) “or his delegate” after “Secretary”. Former par. (6) redesignated (5).
1976 Pub. L. 94-455 Pub. L. 94–455, § 209(a)(6), added par. (7). Former par. (7) redesignated (6).
1971 Pub. L. 92-178 Pub. L. 92–178, § 304(a)(2)(B), added par. (7).
1969 Pub. L. 91-172 Pub. L. 91–172 added subsec. (d). Former subsec. (d) redesignated (e).
1963 Pub. L. 88-9 Pub. L. 88–9, § 1(a), (c), added subsec. (c), redesignated former subsec. (c) as (d) and added par. (5).

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(1) In general In the case of a taxpayer other than a corporation, the amount allowed as a deduction under this chapter for investment interest for any taxable year shall not exceed the net investment income of the taxpayer for the taxable year.

Amended 1971, 1976

1976 Pub. L. 94-455 Pub. L. 94–455, § 209(a)(1), among other changes, substituted in subpar. (A) “$10,000” for “$25,000” and “$5,000” for “$12,500”, struck out subpar. (C) relating to the excess of net long-term capital gain over short-term capital loss and subpar. (D) relating to the excess of investment interest over amounts in subpar. (A), and in provisions following lettered paragraphs substituted “$10,000” for “$25,000” and struck out provisions relating to the determination of the amount referred to in subpar. (C).
1971 Pub. L. 92-178 Pub. L. 92–178, § 304(b)(2), inserted “the amount (if any) by which the deductions allowable under this section (determined without regard to this subsection) and sections 162, 164(a)(1) or (2), or 212 attributable to property of the taxpayer subject to a net lease exceeds the rental income produced by such property for the property year, plus” after “plus”.

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(2) Carryforward of disallowed interest The amount not allowed as a deduction for any taxable year by reason of paragraph (1) shall be treated as investment interest paid or accrued by the taxpayer in the succeeding taxable year.

Amended 1976

1976 Pub. L. 94-455 Pub. L. 94–455, § 209(a)(1), among other changes, struck out provisions relating to the limitation on the amount of interest allowable by this par. and to reduction of disallowed investment interest for capital gain deduction purposes.

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(3) Investment interest For purposes of this subsection—

Amended 1976, 1984

1984 Pub. L. 98-369 Pub. L. 98–369, § 56(b), designated existing provisions as cl. (i) and added cl. (ii).
1976 Pub. L. 94-455 Pub. L. 94–455, § 209(a)(3), substituted “limitation in paragraph (1)” for “limitations in paragraphs (1) and (2)(A)”.

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(A) In general The term “investment interest” means any interest allowable as a deduction under this chapter (determined without regard to paragraph (1)) which is paid or accrued on indebtedness properly allocable to property held for investment.

Textual readingALL OF= investment interest

“any interest allowable as a deduction under this chapter (determined without regard to paragraph (1)) which is paid or accrued on indebtedness properly allocable to property held for investment.”

Amended 1976, 1988

1988 Pub. L. 100-647 Pub. L. 100–647, § 1005(c)(1), substituted “properly allocable to” for “incurred or continued to purchase or carry”.
1976 Pub. L. 94-455 Pub. L. 94–455, § 209(a)(2), inserted provision relating to determination of the amount of net investment income where taxpayer has investment interest for taxable year to which this subsection applies.

(B) Exceptions The term “investment interest” shall not include—

Amended 1976

1976 Pub. L. 94-455 Pub. L. 94–455, §§ 205(c)(3), 1901(b)(3)(K), substituted “1250, and 1254” for “and 1250”, and “ordinary income” for “gain from the sale or exchange of property which is neither a capital asset nor property described in section 1231”. Section 205(c)(3) of Pub. L. 94–455, which directed the amendment of subsec. (d)(3)(A)(iii), was executed by amending subsec. (d)(3)(B)(iii) to reflect the probable intent of Congress.

(i) any qualified residence interest (as defined in subsection (h)(3)), or

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(ii) any interest which is taken into account under section 469 in computing income or loss from a passive activity of the taxpayer.

(C) Personal property used in short sale For purposes of this paragraph, the term “interest” includes any amount allowable as a deduction in connection with personal property used in a short sale.

Amended 1971

1971 Pub. L. 92-178 Pub. L. 92–178, § 304(d), inserted reference to section 162.

(4) Net investment income For purposes of this subsection—

Amended 1982, 1987, 2018

2018 Pub. L. 115-141 Pub. L. 115–141, § 401(b)(12), struck out subpar. (E). Text read as follows: “Investment income of the taxpayer for any taxable year shall be reduced by the amount of the passive activity loss to which section 469(a) does not apply for such taxable year by reason of section 469(m). The preceding sentence shall not apply to any portion of such passive activity loss which is attributable to a rental real estate activity with respect to which the taxpayer actively participates (within the meaning of section 469(i)(6)) during such taxable year.”
1987 Pub. L. 100-203 Pub. L. 100–203, § 10212(b), substituted “section 469(m)” for “section 469(l)”.
1982 Pub. L. 97-354 Pub. L. 97–354 redesignated subpar. (D) as (B). Former subpars. (B) and (C), relating to partnerships and shareholders of electing small business corporations, respectively, were struck out.

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(A) In general The term “net investment income” means the excess of—

(i) investment income, over

Amended 1971

1971 Pub. L. 92-178 Pub. L. 92–178, § 304(a)(2)(A), inserted “of the lessor” after “deductions” and “(other than rents and reimbursed amounts with respect to such property)” after “section 162”.

(ii) investment expenses.

(B) Investment income The term “investment income” means the sum of—

Amended 1976, 1988, 1993, 2003

2003 Pub. L. 108-27 Pub. L. 108–27 inserted at end “Such term shall include qualified dividend income (as defined in section 1(h)(11)(B)) only to the extent the taxpayer elects to treat such income as investment income for purposes of this subsection.”
1993 Pub. L. 103-66 Pub. L. 103–66, § 13206(d)(1), amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: “The term ‘investment income’ means the sum of—
“(i) gross income (other than gain taken into account under clause (ii)) from property held for investment, and
“(ii) any net gain attributable to the disposition of property held for investment.”
1988 Pub. L. 100-647 Pub. L. 100–647, § 1005(c)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “The term ‘investment income’ means the sum of—
“(i) gross income (other than gain described in clause (ii)) from property held for investment, and
“(ii) any net gain attributable to the disposition of property held for investment,
but only to the extent such amounts are not derived from the conduct of a trade or business.”
1976 Pub. L. 94-455 Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.

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(i) gross income from property held for investment (other than any gain taken into account under clause (ii)(I)),

(ii) the excess (if any) of—

(I) the net gain attributable to the disposition of property held for investment, over

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(II) the net capital gain determined by only taking into account gains and losses from dispositions of property held for investment, plus

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(iii) so much of the net capital gain referred to in clause (ii)(II) (or, if lesser, the net gain referred to in clause (ii)(I)) as the taxpayer elects to take into account under this clause.

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Such term shall include qualified dividend income (as defined in section 1(h)(11)(B)) only to the extent the taxpayer elects to treat such income as investment income for purposes of this subsection.

(C) Investment expenses The term “investment expenses” means the deductions allowed under this chapter (other than for interest) which are directly connected with the production of investment income.

Amended 1976

1976 Pub. L. 94-455 Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.

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(D) Income and expenses from passive activities Investment income and investment expenses shall not include any income or expenses taken into account under section 469 in computing income or loss from a passive activity.

(5) Property held for investment For purposes of this subsection—

Amended 1976

1976 Pub. L. 94-455 Pub. L. 94–455, § 209(a)(4), (5), redesignated par. (6) as (5) and inserted provision relating to the application of this paragraph after Dec. 31, 1975, on an allocation basis rather than a specific item basis. Former par. (5), relating to capital gains treatment of investment interest, was struck out.
1976 Pub. L. 94-455 Pub. L. 94–455, § 1901(b)(3)(K), directed the amendment of par. (5) by substituting “ordinary income” for “gain from the sale or exchange of property which is neither a capital asset nor property described in section 1231”, such par. (5) having been struck out by Pub. L. 94–455, § 209(a)(4).

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(A) In general The term “property held for investment” shall include—

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(i) any property which produces income of a type described in section 469(e)(1), and

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(ii) any interest held by a taxpayer in an activity involving the conduct of a trade or business—

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(I) which is not a passive activity, and

(II) with respect to which the taxpayer does not materially participate.

(B) Investment expenses In the case of property described in subparagraph (A)(i), expenses shall be allocated to such property in the same manner as under section 469.

(C) Terms For purposes of this paragraph, the terms “activity”, “passive activity”, and “materially participate” have the meanings given such terms by section 469.

(e) Original issue discount

Amended 1969, 1982

1982 Pub. L. 97-248 Pub. L. 97–248, § 231(b), added subsec. (e) relating to original issue discount. Former subsec. (e), setting forth cross references, redesignated (f).
1982 Pub. L. 97-248 Pub. L. 97–248, § 231(b), redesignated former subsec. (e), setting forth cross references, as (f).
1969 Pub. L. 91-172 Pub. L. 91–172 added subsec. (d). Former subsec. (d) redesignated (e).

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(1) In general The portion of the original issue discount with respect to any debt instrument which is allowable as a deduction to the issuer for any taxable year shall be equal to the aggregate daily portions of the original issue discount for days during such taxable year.

Amended 1984, 2018

2018 Pub. L. 115-141 Pub. L. 115–141, § 401(c)(1)(C), substituted “The portion of the original issue discount with respect to any debt instrument which is” for “In the case of any debt instrument issued after July 1, 1982, the portion of the original issue discount with respect to such debt instrument which is”.
1984 Pub. L. 98-369 Pub. L. 98–369, § 42(a)(3), substituted “debt instrument” for “bond” in two places and struck out “by an issuer (other than a natural person)” before “, the portion of the original issue”.

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(2) Definitions and special rules For purposes of this subsection—

Amended 1984

1984 Pub. L. 98-369 Pub. L. 98–369, § 42(a)(3), substituted provisions relating to debt instruments for provisions relating to bonds.

(A) Debt instrument The term “debt instrument” has the meaning given such term by section 1275(a)(1).

(B) Daily portions The daily portion of the original issue discount for any day shall be determined under section 1272(a) (without regard to paragraph (7) thereof and without regard to section 1273(a)(3)).

Amended 1988

1988 Pub. L. 100-647 Pub. L. 100–647, § 1006(u)(1), substituted “paragraph (7)” for “paragraph (6)”.

(C) Short-term obligations In the case of an obligor of a short-term obligation (as defined in section 1283(a)(1)(A)) who uses the cash receipts and disbursements method of accounting, the original issue discount (and any other interest payable) on such obligation shall be deductible only when paid.

Amended 1986

1986 Pub. L. 99-514 Pub. L. 99–514, § 1803(a)(4), added subpar. (C).

(4) Exception This subsection shall not apply to any debt instrument described in section 1272(a)(2)(D) (relating to loans between natural persons).

Amended 1984, 2018

2018 Pub. L. 115-141 Pub. L. 115–141, § 401(c)(3)(B), amended par. (4) generally. Prior to amendment, text read as follows: “This subsection shall not apply to any debt instrument described in—
“(A) subparagraph (D) of section 1272(a)(2) (relating to obligations issued by natural persons before March 2, 1984), and
“(B) subparagraph (E) of section 1272(a)(2) (relating to loans between natural persons).”
1984 Pub. L. 98-369 Pub. L. 98–369, § 128(c), redesignated par. (3), relating to exceptions, as (4).
1984 Pub. L. 98-369 Pub. L. 98–369, § 42(a)(3), added par. (4) relating to cross references.

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(5) Special rules for original issue discount on certain high yield obligations

Amended 1986, 1989

1989 Pub. L. 101-239 Pub. L. 101–239, § 7202(a), added par. (5) and redesignated former par. (5) as (6).
1986 Pub. L. 99-514 Pub. L. 99–514, § 1810(e)(1)(B), redesignated par. (4), relating to cross references, as (5).

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(A) In general In the case of an applicable high yield discount obligation issued by a corporation—

Amended 1990

1990 Pub. L. 101-508 Pub. L. 101–508, § 11701(b)(1), amended last sentence generally. Prior to amendment, last sentence read as follows: “For purposes of clause (ii), rules similar to the rules of subsection (i)(3)(B) shall apply in determining the time when the original issue discount is paid.”

(i) no deduction shall be allowed under this chapter for the disqualified portion of the original issue discount on such obligation, and

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(ii) the remainder of such original issue discount shall not be allowable as a deduction until paid.

For purposes of this paragraph, rules similar to the rules of subsection (i)(3)(B) shall apply in determining the amount of the original issue discount and when the original issue discount is paid.

(B) Disqualified portion treated as stock distribution for purposes of dividend received deduction

(i) In general Solely for purposes of sections 243, 245, 246, and 246A, the dividend equivalent portion of any amount includible in gross income of a corporation under section 1272(a) in respect of an applicable high yield discount obligation shall be treated as a dividend received by such corporation from the corporation issuing such obligation.

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(ii) Dividend equivalent portion For purposes of clause (i), the dividend equivalent portion of any amount includible in gross income under section 1272(a) in respect of an applicable high yield discount obligation is the portion of the amount so includible—

(I) which is attributable to the disqualified portion of the original issue discount on such obligation, and

(II) which would have been treated as a dividend if it had been a distribution made by the issuing corporation with respect to stock in such corporation.

(C) Disqualified portion

(i) In general For purposes of this paragraph, the disqualified portion of the original issue discount on any applicable high yield discount obligation is the lesser of—

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(I) the amount of such original issue discount, or

(II) the portion of the total return on such obligation which bears the same ratio to such total return as the disqualified yield on such obligation bears to the yield to maturity on such obligation.

(ii) Definitions For purposes of clause (i), the term “disqualified yield” means the excess of the yield to maturity on the obligation over the sum referred to in subsection (i)(1)(B) plus 1 percentage point, and the term “total return” is the amount which would have been the original issue discount on the obligation if interest described in the parenthetical in section 1273(a)(2) were included in the stated redemption price at maturity.

Amended 2018

2018 Pub. L. 115-141 Pub. L. 115–141, § 401(a)(48), inserted “in” before “subsection (i)(1)(B)”.

(D) Exception for S corporations This paragraph shall not apply to any obligation issued by any corporation for any period for which such corporation is an S corporation.

(E) Effect on earnings and profits This paragraph shall not apply for purposes of determining earnings and profits; except that, for purposes of determining the dividend equivalent portion of any amount includible in gross income under section 1272(a) in respect of an applicable high yield discount obligation, no reduction shall be made for any amount attributable to the disqualified portion of any original issue discount on such obligation.

(F) Suspension of application of paragraph

Amended 2009

2009 Pub. L. 111-5 Pub. L. 111–5, § 1232(a), added subpar. (F) and redesignated former subpar. (F) as (G).

(i) Temporary suspension This paragraph shall not apply to any applicable high yield discount obligation issued during the period beginning on September 1, 2008, and ending on December 31, 2009, in exchange (including an exchange resulting from a modification of the debt instrument) for an obligation which is not an applicable high yield discount obligation and the issuer (or obligor) of which is the same as the issuer (or obligor) of such applicable high yield discount obligation. The preceding sentence shall not apply to any obligation the interest on which is interest described in section 871(h)(4) (without regard to subparagraph (D) thereof) or to any obligation issued to a related person (within the meaning of section 108(e)(4)).

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(ii) Successive application Any obligation to which clause (i) applies shall not be treated as an applicable high yield discount obligation for purposes of applying this subparagraph to any other obligation issued in exchange for such obligation.

(iii) Secretarial authority to suspend application The Secretary may apply this paragraph with respect to debt instruments issued in periods following the period described in clause (i) if the Secretary determines that such application is appropriate in light of distressed conditions in the debt capital markets.

(G) Cross reference For definition of applicable high yield discount obligation, see subsection (i).

Amended 2009

2009 Pub. L. 111-5 Pub. L. 111–5, § 1232(a), added subpar. (F) and redesignated former subpar. (F) as (G).

(6) Cross references For provision relating to deduction of original issue discount on tax-exempt obligation, see section 1288.

For special rules in the case of the borrower under certain loans for personal use, see section 1275(b).

Amended 1989

1989 Pub. L. 101-239 Pub. L. 101–239, § 7202(a), added par. (5) and redesignated former par. (5) as (6).

(f) Denial of deduction for interest on certain obligations not in registered form

Amended 1982

1982 Pub. L. 97-248 Pub. L. 97–248, § 310(b)(2), added subsec. (f) relating to the requirement that obligations be in registered form to be tax-exempt. Former subsec. (f), setting forth cross references, redesignated (g).

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(1) In general Nothing in subsection (a) or in any other provision of law shall be construed to provide a deduction for interest on any registration-required obligation unless such obligation is in registered form.

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(2) Registration-required obligation For purposes of this section—

Amended 1984, 2010

2010 Pub. L. 111-147 Pub. L. 111–147, § 502(a)(1), redesignated subpar. (C) as (B).
1984 Pub. L. 98-369 Pub. L. 98–369, § 127(f), redesignated existing provision as subcl. (I), and in subcl. (I) as so redesignated, inserted reference to subpar. (A) and substituted “or” for “and”, and added subcl. (II).

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(A) In general The term “registration-required obligation” means any obligation (including any obligation issued by a governmental entity) other than an obligation which—

Amended 2010

2010 Pub. L. 111-147 Pub. L. 111–147, § 502(a)(2)(B), inserted “or” at end of cl. (ii), substituted period for “, or” in cl. (iii), and struck out cl. (iv), which read as follows: “is described in subparagraph (B).”

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(i) is issued by a natural person,

(ii) is not of a type offered to the public, or

Amended 2010

2010 Pub. L. 111-147 Pub. L. 111–147, § 502(a)(2)(B), inserted “or” at end of cl. (ii), substituted period for “, or” in cl. (iii), and struck out cl. (iv), which read as follows: “is described in subparagraph (B).”

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(iii) has a maturity (at issue) of not more than 1 year.

Amended 2010

2010 Pub. L. 111-147 Pub. L. 111–147, § 502(a)(2)(B), inserted “or” at end of cl. (ii), substituted period for “, or” in cl. (iii), and struck out cl. (iv), which read as follows: “is described in subparagraph (B).”

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(B) Authority to include other obligations Clauses (ii) and (iii) of subparagraph (A) shall not apply to any obligation if—

Amended 2010

2010 Pub. L. 111-147 Pub. L. 111–147, § 502(a)(1), (2)(C)(i), redesignated subpar. (C) as (B), struck out “, and subparagraph (B),” after “subparagraph (A)” in introductory provisions, and struck out former subpar. (B) which related to certain obligations not included as registration-required obligations.

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(i) such obligation is of a type which the Secretary has determined by regulations to be used frequently in avoiding Federal taxes, and

Amended 2010

2010 Pub. L. 111-147 Pub. L. 111–147, § 502(a)(2)(C)(ii), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “in the case of—
“(I) subparagraph (A), such obligation is of a type which the Secretary has determined by regulations to be used frequently in avoiding Federal taxes, or
“(II) subparagraph (B), such obligation is of a type specified by the Secretary in regulations, and”.

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(ii) such obligation is issued after the date on which the regulations referred to in clause (i) take effect.

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(3) Book entries permitted, etc. For purposes of this subsection, rules similar to the rules of section 149(a)(3) shall apply, except that a dematerialized book entry system or other book entry system specified by the Secretary shall be treated as a book entry system described in such section.

Amended 1986, 2010

2010 Pub. L. 111-147 Pub. L. 111–147, § 502(c), inserted before period at end “, except that a dematerialized book entry system or other book entry system specified by the Secretary shall be treated as a book entry system described in such section”.
1986 Pub. L. 99-514 Pub. L. 99–514, § 1301(j)(3), substituted “section 149(a)(3)” for “section 103(j)(3)”.

(g) Reduction of deduction where section 25 credit taken The amount of the deduction under this section for interest paid or accrued during any taxable year on indebtedness with respect to which a mortgage credit certificate has been issued under section 25 shall be reduced by the amount of the credit allowable with respect to such interest under section 25 (determined without regard to section 26).

Amended 1982, 1984

1984 Pub. L. 98-369 Pub. L. 98–369, § 612(c), added subsec. (g) and redesignated former subsec. (g) as (h).
1982 Pub. L. 97-248 Pub. L. 97–248, § 310(b)(2), redesignated former subsec. (f), setting forth cross references, as (g).

(h) Disallowance of deduction for personal interest

Amended 1984, 1986, 1988

1988 Pub. L. 100-647 Pub. L. 100–647, § 2004(b)(1), redesignated par. (6) as (5).
1988 Pub. L. 100-647 Pub. L. 100–647, § 1005(c)(9), substituted “but for this paragraph” for “but for this subsection”.
1986 Pub. L. 99-514 Pub. L. 99–514, § 511(b), added subsec. (h). Former subsec. (h) redesignated (i).
1984 Pub. L. 98-369 Pub. L. 98–369, § 612(c), added subsec. (g) and redesignated former subsec. (g) as (h).

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(1) In general In the case of a taxpayer other than a corporation, no deduction shall be allowed under this chapter for personal interest paid or accrued during the taxable year.

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(2) Personal interest For purposes of this subsection, the term “personal interest” means any interest allowable as a deduction under this chapter other than—

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(A) interest paid or accrued on indebtedness properly allocable to a trade or business (other than the trade or business of performing services as an employee),

Amended 1988

1988 Pub. L. 100-647 Pub. L. 100–647, § 1005(c)(4), substituted “properly allocable to” for “incurred or continued in connection with the conduct of”.

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(B) any investment interest (within the meaning of subsection (d)),

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(C) any interest which is taken into account under section 469 in computing income or loss from a passive activity of the taxpayer,

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(D) any qualified residence interest (within the meaning of paragraph (3)),

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(E) any interest payable under section 6601 on any unpaid portion of the tax imposed by section 2001 for the period during which an extension of time for payment of such tax is in effect under section 6163, and

Amended 1988, 1997

1997 Pub. L. 105-34 Pub. L. 105–34, § 503(b)(2)(B), struck out “or 6166 or under section 6166A (as in effect before its repeal by the Economic Recovery Tax Act of 1981)” after “section 6163”.
1988 Pub. L. 100-647 Pub. L. 100–647, § 1005(c)(12), inserted “or under section 6166A (as in effect before its repeal by the Economic Recovery Tax Act of 1981)” before period at end.

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(F) any interest allowable as a deduction under section 221 (relating to interest on educational loans).

Amended 1998

1998 Pub. L. 105-277 Pub. L. 105–277 added subpar. (F).

(3) Qualified residence interest For purposes of this subsection—

Amended 1987

1987 Pub. L. 100-203 Pub. L. 100–203, § 10102(a), amended par. (3) generally. Prior to amendment (see 1988 Amendment note above), par. (3) read as follows: “For purposes of this subsection—
“(A) In general.—The term ‘qualified residence interest’ means interest which is paid or accrued during the taxable year on indebtedness which is secured by any property which (at the time such interest is paid or accrued) is a qualified residence of the taxpayer.
“(B) Limitation on amount of interest.—The term ‘qualified residence interest’ shall not include any interest paid or accrued on indebtedness secured by any qualified residence which is allocable to that portion of the principal amount of such indebtedness which, when added to the outstanding aggregate principal amount of all other indebtedness previously incurred and secured by such qualified residence, exceeds the lesser of—
“(i) the fair market value of such qualified residence, or
“(ii) the sum of—
“(I) the taxpayer’s basis in such qualified residence (adjusted only by the cost of any improvements to such residence), plus
“(II) the aggregate amount of qualified indebtedness of the taxpayer with respect to such qualified residence.
“(C) Cost not less than balance of indebtedness incurred on or before august 16, 1986.—
“(i) In general.—The amount under subparagraph (B)(ii)(I) at any time after August 16, 1986, shall not be less than the outstanding principal amount (as of such time) of indebtedness—
“(I) which was incurred on or before August 16, 1986, and which was secured by the qualified residence on August 16, 1986, or
“(II) which is secured by the qualified residence and was incurred after August 16, 1986, to refinance indebtedness described in subclause (I) (or refinanced indebtedness meeting the requirements of this subclause) to the extent (immediately after the refinancing) the principal amount of the indebtedness resulting from the refinancing does not exceed the principal amount of the refinanced indebtedness (immediately before the refinancing).
“(ii) Limitation on period of refinancing.—Subclause (II) of clause (i) shall not apply to any indebtedness after—
“(I) the expiration of the term of the indebtedness described in clause (i)(I), or
“(II) if the principal of the indebtedness described in clause (i)(I) is not amortized over its term, the expiration of the term of the 1st refinancing of such indebtedness (or if earlier, the date which is 30 years after the date of such refinancing).
“(D) Time for determination.—Except as provided in regulations, any determination under subparagraph (B) shall be made as of the time the indebtedness is incurred.”

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(A) In general The term “qualified residence interest” means any interest which is paid or accrued during the taxable year on—

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(i) acquisition indebtedness with respect to any qualified residence of the taxpayer, or

(ii) home equity indebtedness with respect to any qualified residence of the taxpayer.

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For purposes of the preceding sentence, the determination of whether any property is a qualified residence of the taxpayer shall be made as of the time the interest is accrued.

(B) Acquisition indebtedness

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(i) In general The term “acquisition indebtedness” means any indebtedness which—

(I) is incurred in acquiring, constructing, or substantially improving any qualified residence of the taxpayer, and

(II) is secured by such residence.

Such term also includes any indebtedness secured by such residence resulting from the refinancing of indebtedness meeting the requirements of the preceding sentence (or this sentence); but only to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness.

(ii) $1,000,000 limitation The aggregate amount treated as acquisition indebtedness for any period shall not exceed $1,000,000 ($500,000 in the case of a married individual filing a separate return).

Cited by 6

(C) Home equity indebtedness

Amended 1988

1988 Pub. L. 100-647 Pub. L. 100–647, § 1005(c)(5), effective as if enacted immediately before enactment of Pub. L. 100–203 (see 1987 Amendment note below), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “The amount under subparagraph (B)(ii)(I) at any time after August 16, 1986, shall not be less than the outstanding aggregate principal amount (as of such time) of indebtedness which was incurred on or before August 16, 1986, and which was secured by the qualified residence on August 16, 1986.”

(i) In general The term “home equity indebtedness” means any indebtedness (other than acquisition indebtedness) secured by a qualified residence to the extent the aggregate amount of such indebtedness does not exceed—

(I) the fair market value of such qualified residence, reduced by

(II) the amount of acquisition indebtedness with respect to such residence.

(ii) Limitation The aggregate amount treated as home equity indebtedness for any period shall not exceed $100,000 ($50,000 in the case of a separate return by a married individual).

(D) Treatment of indebtedness incurred on or before October 13, 1987

(i) In general In the case of any pre-October 13, 1987, indebtedness—

(I) such indebtedness shall be treated as acquisition indebtedness, and

(II) the limitation of subparagraph (B)(ii) shall not apply.

(ii) Reduction in $1,000,000 limitation The limitation of subparagraph (B)(ii) shall be reduced (but not below zero) by the aggregate amount of outstanding pre-October 13, 1987, indebtedness.

(iii) Pre-October 13, 1987, indebtedness The term “pre-October 13, 1987, indebtedness” means—

Textual readingANY OF= pre-October 13, 1987, indebtedness

(I) any indebtedness which was incurred on or before October 13, 1987, and which was secured by a qualified residence on October 13, 1987, and at all times thereafter before the interest is paid or accrued, or

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(II) any indebtedness which is secured by the qualified residence and was incurred after October 13, 1987, to refinance indebtedness described in subclause (I) (or refinanced indebtedness meeting the requirements of this subclause) to the extent (immediately after the refinancing) the principal amount of the indebtedness resulting from the refinancing does not exceed the principal amount of the refinanced indebtedness (immediately before the refinancing).

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(iv) Limitation on period of refinancing Subclause (II) of clause (iii) shall not apply to any indebtedness after—

(I) the expiration of the term of the indebtedness described in clause (iii)(I), or

(II) if the principal of the indebtedness described in clause (iii)(I) is not amortized over its term, the expiration of the term of the 1st refinancing of such indebtedness (or if earlier, the date which is 30 years after the date of such 1st refinancing).

(E) Mortgage insurance premiums treated as interest

Amended 2006

2006 Pub. L. 109-432 Pub. L. 109–432, § 419(a), added subpar. (E).

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(i) In general Premiums paid or accrued for qualified mortgage insurance by a taxpayer during the taxable year in connection with acquisition indebtedness with respect to a qualified residence of the taxpayer shall be treated for purposes of this section as interest which is qualified residence interest.

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(ii) Phaseout The amount otherwise treated as interest under clause (i) shall be reduced (but not below zero) by 10 percent of such amount for each $1,000 ($500 in the case of a married individual filing a separate return) (or fraction thereof) that the taxpayer’s adjusted gross income for the taxable year exceeds $100,000 ($50,000 in the case of a married individual filing a separate return).

(iii) Limitation Clause (i) shall not apply with respect to any mortgage insurance contracts issued before January 1, 2007.

(iv) Termination Clause (i) shall not apply to amounts—

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(I) paid or accrued after December 31, 2021, or

Amended 2007, 2010, 2013, 2014, 2015, 2018, 2019, 2020

2020 Pub. L. 116-260 Pub. L. 116–260 substituted “December 31, 2021” for “December 31, 2020”.
2019 Pub. L. 116-94 Pub. L. 116–94 substituted “December 31, 2020” for “December 31, 2017”.
2018 Pub. L. 115-123 Pub. L. 115–123 substituted “December 31, 2017” for “December 31, 2016”.
2015 Pub. L. 114-113 Pub. L. 114–113 substituted “December 31, 2016” for “December 31, 2014”.
2014 Pub. L. 113-295 Pub. L. 113–295, § 104(a), substituted “December 31, 2014” for “December 31, 2013”.
2013 Pub. L. 112-240 Pub. L. 112–240, § 204(a), substituted “December 31, 2013” for “December 31, 2011”.
2010 Pub. L. 111-312 Pub. L. 111–312 substituted “December 31, 2011” for “December 31, 2010”.
2007 Pub. L. 110-142 Pub. L. 110–142 substituted “December 31, 2010” for “December 31, 2007”.

(II) properly allocable to any period after such date.

(F) Special rules for taxable years beginning after 2017

Amended 2017, 2025

2025 Pub. L. 119-21 Pub. L. 119–21, § 70108(a)(3), substituted “beginning after 2017” for “2018 through 2025” in heading.
2025 Pub. L. 119-21 Pub. L. 119–21, § 70108(a)(2), redesignated cls. (iii) and (iv) as (ii) and (iii), respectively, and struck out former cl. (ii). Prior to amendment, text of cl. (ii) read as follows: “In the case of taxable years beginning after December 31, 2025, the limitation under subparagraph (B)(ii) shall be applied to the aggregate amount of indebtedness of the taxpayer described in subparagraph (B)(i) without regard to the taxable year in which the indebtedness was incurred.”
2017 Pub. L. 115-97 Pub. L. 115–97, § 11043(a), added subpar. (F).

(i) In general In the case of taxable years beginning after December 31, 2017—

Amended 2025

2025 Pub. L. 119-21 Pub. L. 119–21, § 70108(a)(1)(A), struck out “, and before January 1, 2026” after “December 31, 2017” in introductory provisions.

(I) Disallowance of home equity indebtedness interest Subparagraph (A)(ii) shall not apply.

(II) Limitation on acquisition indebtedness Subparagraph (B)(ii) shall be applied by substituting “$750,000 ($375,000” for “$1,000,000 ($500,000”.

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(III) Mortgage insurance premiums treated as interest Clause (iv) of subparagraph (E) shall not apply.

Amended 2025

2025 Pub. L. 119-21 Pub. L. 119–21, § 70108(a)(1)(B)–(D), added subcl. (III), redesignated former subcls. (III) and (IV) as (IV) and (V), respectively, and substituted “subclause (IV)” for “subclause (III)” in subcl. (V).

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(IV) Treatment of indebtedness incurred on or before December 15, 2017 Subclause (II) shall not apply to any indebtedness incurred on or before December 15, 2017, and, in applying such subclause to any indebtedness incurred after such date, the limitation under such subclause shall be reduced (but not below zero) by the amount of any indebtedness incurred on or before December 15, 2017, which is treated as acquisition indebtedness for purposes of this subsection for the taxable year.

Amended 2025

2025 Pub. L. 119-21 Pub. L. 119–21, § 70108(a)(1)(B)–(D), added subcl. (III), redesignated former subcls. (III) and (IV) as (IV) and (V), respectively, and substituted “subclause (IV)” for “subclause (III)” in subcl. (V).

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(V) Binding contract exception In the case of a taxpayer who enters into a written binding contract before December 15, 2017, to close on the purchase of a principal residence before January 1, 2018, and who purchases such residence before April 1, 2018, subclause (IV) shall be applied by substituting “April 1, 2018” for “December 15, 2017”.

Amended 2025

2025 Pub. L. 119-21 Pub. L. 119–21, § 70108(a)(1)(B)–(D), added subcl. (III), redesignated former subcls. (III) and (IV) as (IV) and (V), respectively, and substituted “subclause (IV)” for “subclause (III)” in subcl. (V).

(ii) Treatment of refinancings of indebtedness

Amended 2025

2025 Pub. L. 119-21 Pub. L. 119–21, § 70108(a)(2), redesignated cls. (iii) and (iv) as (ii) and (iii), respectively, and struck out former cl. (ii). Prior to amendment, text of cl. (ii) read as follows: “In the case of taxable years beginning after December 31, 2025, the limitation under subparagraph (B)(ii) shall be applied to the aggregate amount of indebtedness of the taxpayer described in subparagraph (B)(i) without regard to the taxable year in which the indebtedness was incurred.”

(I) In general In the case of any indebtedness which is incurred to refinance indebtedness, such refinanced indebtedness shall be treated for purposes of clause (i)(III) as incurred on the date that the original indebtedness was incurred to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness.

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(II) Limitation on period of refinancing Subclause (I) shall not apply to any indebtedness after the expiration of the term of the original indebtedness or, if the principal of such original indebtedness is not amortized over its term, the expiration of the term of the 1st refinancing of such indebtedness (or if earlier, the date which is 30 years after the date of such 1st refinancing).

(iii) Coordination with exclusion of income from discharge of indebtedness Section 108(h)(2) shall be applied without regard to this subparagraph.

Amended 2025

2025 Pub. L. 119-21 Pub. L. 119–21, § 70108(a)(2), redesignated cls. (iii) and (iv) as (ii) and (iii), respectively, and struck out former cl. (ii). Prior to amendment, text of cl. (ii) read as follows: “In the case of taxable years beginning after December 31, 2025, the limitation under subparagraph (B)(ii) shall be applied to the aggregate amount of indebtedness of the taxpayer described in subparagraph (B)(i) without regard to the taxable year in which the indebtedness was incurred.”

(4) Special rules for taxable years 2025 through 2028 relating to qualified passenger vehicle loan interest

Amended 1987, 1988, 2006, 2014, 2025

2025 Pub. L. 119-21 Pub. L. 119–21, § 70203(a), added par. (4) and redesignated former par. (4) as (5).
2014 Pub. L. 113-295 Pub. L. 113–295, § 220(h), substituted “Department of Veterans Affairs or the Rural Housing Service” for “Veterans Administration or the Rural Housing Administration”.
2006 Pub. L. 109-432 Pub. L. 109–432, § 419(b), added subpars. (E) and (F).
1988 Pub. L. 100-647 Pub. L. 100–647, § 1005(c)(6)(A), effective as if enacted immediately before enactment of Pub. L. 100–203 (redesignating par. (5) as (4), see 1987 Amendment note below), amended heading by substituting “Other definitions and special rules—For purposes of this subsection—” for “Other definitions and special rules”.
1987 Pub. L. 100-203 Pub. L. 100–203, § 10102(b), redesignated par. (5) as (4) and struck out former par. (4) which defined “qualified indebtedness” for purposes of this subsection.

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(A) In general In the case of taxable years beginning after December 31, 2024, and before January 1, 2029, for purposes of this subsection the term “personal interest” shall not include qualified passenger vehicle loan interest.

Amended 1988, 1997

1997 Pub. L. 105-34 Pub. L. 105–34, § 312(d)(1), substituted “section 121” for “section 1034”.
1988 Pub. L. 100-647 Pub. L. 100–647, § 1005(c)(6)(B)(i), (7), effective as if enacted immediately before enactment of Pub. L. 100–203 (redesignating par. (5) as (4), see 1987 Amendment note below), amended subpar. (A) by striking out “For purposes of this subsection—” after “Qualified residence” in introductory provisions, “used or” after “Residence not” in cl. (iii) heading, and “or use” after “does not rent” in cl. (iii) text.

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(B) Qualified passenger vehicle loan interest defined

Amended 1988

1988 Pub. L. 100-647 Pub. L. 100–647, § 1005(c)(6)(B)(ii), effective as if enacted immediately before enactment of Pub. L. 100–203 (redesignating par. (5) as (4), see 1987 Amendment note below), amended subpar. (B) by substituting “Any” for “For purposes of this paragraph, any”.

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(i) In general For purposes of this paragraph, the term “qualified passenger vehicle loan interest” means any interest which is paid or accrued during the taxable year on indebtedness incurred by the taxpayer after December 31, 2024, for the purchase of, and that is secured by a first lien on, an applicable passenger vehicle for personal use.

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(ii) Exceptions Such term shall not include any amount paid or incurred on any of the following:

(I) A loan to finance fleet sales.

(II) A loan incurred for the purchase of a commercial vehicle that is not used for personal purposes.

(III) Any lease financing.

(IV) A loan to finance the purchase of a vehicle with a salvage title.

(V) A loan to finance the purchase of a vehicle intended to be used for scrap or parts.

(iii) VIN requirement Interest shall not be treated as qualified passenger vehicle loan interest under this paragraph unless the taxpayer includes the vehicle identification number of the applicable passenger vehicle described in clause (i) on the return of tax for the taxable year.

(C) Limitations

Amended 1988

1988 Pub. L. 100-647 Pub. L. 100–647, § 1005(c)(8), effective as if enacted immediately before enactment of Pub. L. 100–203 (redesignating par. (5) as (4), see 1987 Amendment note below), par. (4) added subpars. (C) and (D).

(i) Dollar limit The amount of interest taken into account by a taxpayer under subparagraph (B) for any taxable year shall not exceed $10,000.

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(ii) Limitation based on modified adjusted gross income

(I) In general The amount which is otherwise allowable as a deduction under subsection (a) as qualified passenger vehicle loan interest (determined without regard to this clause and after the application of clause (i)) shall be reduced (but not below zero) by $200 for each $1,000 (or portion thereof) by which the modified adjusted gross income of the taxpayer for the taxable year exceeds $100,000 ($200,000 in the case of a joint return).

(II) Modified adjusted gross income For purposes of this clause, the term “modified adjusted gross income” means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.

(D) Applicable passenger vehicle The term “applicable passenger vehicle” means any vehicle—

Amended 1988

1988 Pub. L. 100-647 Pub. L. 100–647, § 1005(c)(8), effective as if enacted immediately before enactment of Pub. L. 100–203 (redesignating par. (5) as (4), see 1987 Amendment note below), par. (4) added subpars. (C) and (D).

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(i) the original use of which commences with the taxpayer,

(ii) which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails),

(iii) which has at least 2 wheels,

(iv) which is a car, minivan, van, sport utility vehicle, pickup truck, or motorcycle,

(v) which is treated as a motor vehicle for purposes of title II of the Clean Air Act, and

(vi) which has a gross vehicle weight rating of less than 14,000 pounds.

Such term shall not include any vehicle the final assembly of which did not occur within the United States.

(E) Other definitions and special rules For purposes of this paragraph—

Amended 2006

2006 Pub. L. 109-432 Pub. L. 109–432, § 419(b), added subpars. (E) and (F).

(i) Final assembly For purposes of subparagraph (D), the term “final assembly” means the process by which a manufacturer produces a vehicle at, or through the use of, a plant, factory, or other place from which the vehicle is delivered to a dealer with all component parts necessary for the mechanical operation of the vehicle included with the vehicle, whether or not the component parts are permanently installed in or on the vehicle.

Amended 2013

2013 Pub. L. 112-240 Pub. L. 112–240, § 204(b), substituted “Department of Veterans Affairs” for “Veterans Administration” and “Rural Housing Service” for “Rural Housing Administration”.

(ii) Treatment of refinancing Indebtedness described in subparagraph (B) shall include indebtedness that results from refinancing any indebtedness described in such subparagraph, and that is secured by a first lien on the applicable passenger vehicle with respect to which the refinanced indebtedness was incurred, but only to the extent the amount of such resulting indebtedness does not exceed the amount of such refinanced indebtedness.

(iii) Related parties Indebtedness described in subparagraph (B) shall not include any indebtedness owed to a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the taxpayer.

(5) Other definitions and special rules For purposes of this subsection—

Amended 1987, 1988, 2014, 2025

2025 Pub. L. 119-21 Pub. L. 119–21, § 70203(a), added par. (4) and redesignated former par. (4) as (5).
2014 Pub. L. 113-295 Pub. L. 113–295, § 221(a)(25)(A)(ii), struck out par. (5). Text read as follows: “In the case of any taxable year beginning in calendar years 1987 through 1990, the amount of interest with respect to which a deduction is disallowed under this subsection shall be equal to the applicable percentage (within the meaning of subsection (d)(6)(B)) of the amount which (but for this paragraph) would have been so disallowed.”
1988 Pub. L. 100-647 Pub. L. 100–647, § 2004(b)(1), redesignated par. (6) as (5).
1987 Pub. L. 100-203 Pub. L. 100–203, § 10102(b), redesignated par. (5) as (4) and struck out former par. (4) which defined “qualified indebtedness” for purposes of this subsection.

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(A) Qualified residence

(i) In general The term “qualified residence” means—

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(I) the principal residence (within the meaning of section 121) of the taxpayer, and

(II) 1 other residence of the taxpayer which is selected by the taxpayer for purposes of this subsection for the taxable year and which is used by the taxpayer as a residence (within the meaning of section 280A(d)(1)).

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(ii) Married individuals filing separate returns If a married couple does not file a joint return for the taxable year—

(I) such couple shall be treated as 1 taxpayer for purposes of clause (i), and

(II) each individual shall be entitled to take into account 1 residence unless both individuals consent in writing to 1 individual taking into account the principal residence and 1 other residence.

(iii) Residence not rented For purposes of clause (i)(II), notwithstanding section 280A(d)(1), if the taxpayer does not rent a dwelling unit at any time during a taxable year, such unit may be treated as a residence for such taxable year.

(B) Special rule for cooperative housing corporations Any indebtedness secured by stock held by the taxpayer as a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as so defined) shall be treated as secured by the house or apartment which the taxpayer is entitled to occupy as such a tenant-stockholder. If stock described in the preceding sentence may not be used to secure indebtedness, indebtedness shall be treated as so secured if the taxpayer establishes to the satisfaction of the Secretary that such indebtedness was incurred to acquire such stock.

(C) Unenforceable security interests Indebtedness shall not fail to be treated as secured by any property solely because, under any applicable State or local homestead or other debtor protection law in effect on August 16, 1986, the security interest is ineffective or the enforceability of the security interest is restricted.

(D) Special rules for estates and trusts For purposes of determining whether any interest paid or accrued by an estate or trust is qualified residence interest, any residence held by such estate or trust shall be treated as a qualified residence of such estate or trust if such estate or trust establishes that such residence is a qualified residence of a beneficiary who has a present interest in such estate or trust or an interest in the residuary of such estate or trust.

(E) Qualified mortgage insurance The term “qualified mortgage insurance” means—

(i) mortgage insurance provided by the Department of Veterans Affairs, the Federal Housing Administration, or the Rural Housing Service, and

(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subparagraph).

(F) Special rules for prepaid qualified mortgage insurance Any amount paid by the taxpayer for qualified mortgage insurance that is properly allocable to any mortgage the payment of which extends to periods that are after the close of the taxable year in which such amount is paid shall be chargeable to capital account and shall be treated as paid in such periods to which so allocated. No deduction shall be allowed for the unamortized balance of such account if such mortgage is satisfied before the end of its term. The preceding sentences shall not apply to amounts paid for qualified mortgage insurance provided by the Department of Veterans Affairs or the Rural Housing Service.

(i) Applicable high yield discount obligation

Amended 1989

1989 Pub. L. 101-239 Pub. L. 101–239, § 7202(b), added subsec. (i). Former subsec. (i) redesignated (j).

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(1) In general For purposes of this section, the term “applicable high yield discount obligation” means any debt instrument if—

Amended 2009

2009 Pub. L. 111-5 Pub. L. 111–5, § 1232(b), in concluding provisions, inserted “(i)” before “permit a rate” and “, or (ii) permit, on a temporary basis, a rate to be used with respect to any debt instrument which is higher than the applicable Federal rate if the Secretary determines that such rate is appropriate in light of distressed conditions in the debt capital markets” before period at end.

(A) the maturity date of such instrument is more than 5 years from the date of issue,

(B) the yield to maturity on such instrument equals or exceeds the sum of—

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(i) the applicable Federal rate in effect under section 1274(d) for the calendar month in which the obligation is issued, plus

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(ii) 5 percentage points, and

(C) such instrument has significant original issue discount.

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For purposes of subparagraph (B)(i), the Secretary may by regulation (i) permit a rate to be used with respect to any debt instrument which is higher than the applicable Federal rate if the taxpayer establishes to the satisfaction of the Secretary that such higher rate is based on the same principles as the applicable Federal rate and is appropriate for the term of the instrument, or (ii) permit, on a temporary basis, a rate to be used with respect to any debt instrument which is higher than the applicable Federal rate if the Secretary determines that such rate is appropriate in light of distressed conditions in the debt capital markets.

(2) Significant original issue discount For purposes of paragraph (1)(C), a debt instrument shall be treated as having significant original issue discount if—

Amended 1986, 1988

1988 Pub. L. 100-647 Pub. L. 100–647, § 1009(b)(6), made technical correction to directory language of Pub. L. 99–514, § 902(e)(1), see 1986 Amendment note below.
1986 Pub. L. 99-514 Pub. L. 99–514, § 902(e)(1), as amended by Pub. L. 100–647, § 1009(b)(6), substituted “section 265(a)(2)” for “section 265(2)”.
1986 Pub. L. 99-514 Pub. L. 99–514, § 511(b), redesignated former subsec. (h) as (i).

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(A) the aggregate amount which would be includible in gross income with respect to such instrument for periods before the close of any accrual period (as defined in section 1272(a)(5)) ending after the date 5 years after the date of issue, exceeds—

(B) the sum of—

(i) the aggregate amount of interest to be paid under the instrument before the close of such accrual period, and

(ii) the product of the issue price of such instrument (as defined in sections 1273(b) and 1274(a)) and its yield to maturity.

(3) Special rules For purposes of determining whether a debt instrument is an applicable high yield discount obligation—

Amended 1990

1990 Pub. L. 101-508 Pub. L. 101–508, § 11701(b)(2)(B), inserted sentence at end.

(A) any payment under the instrument shall be assumed to be made on the last day permitted under the instrument, and

(B) any payment to be made in the form of another obligation of the issuer (or a related person within the meaning of section 453(f)(1)) shall be assumed to be made when such obligation is required to be paid in cash or in property other than such obligation.

Amended 1990

1990 Pub. L. 101-508 Pub. L. 101–508, § 11701(b)(2)(A), struck out “(or stock)” after “obligation” wherever appearing.

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Except for purposes of paragraph (1)(B), any reference to an obligation in subparagraph (B) of this paragraph shall be treated as including a reference to stock.

(4) Debt instrument For purposes of this subsection, the term “debt instrument” means any instrument which is a debt instrument as defined in section 1275(a).

(5) Regulations The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this subsection and subsection (e)(5), including—

(A) regulations providing for modifications to the provisions of this subsection and subsection (e)(5) in the case of varying rates of interest, put or call options, indefinite maturities, contingent payments, assumptions of debt instruments, conversion rights, or other circumstances where such modifications are appropriate to carry out the purposes of this subsection and subsection (e)(5), and

(B) regulations to prevent avoidance of the purposes of this subsection and subsection (e)(5) through the use of issuers other than C corporations, agreements to borrow amounts due under the debt instrument, or other arrangements.

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(j) Limitation on business interest

§ 1.163(j)-0 Table of contents.§ 1.163(j)-1 Definitions.§ 1.163(j)-2 Deduction for business interest expense limited.§ 1.163(j)-3 Relationship of the section 163(j) limitation to other provisions affecting interest.§ 1.163(j)-4 General rules applicable to C corporations (including REITs, RICs, and members of consolidated groups) and tax-exempt corporations.§ 1.163(j)-5 General rules governing disallowed business interest expense carryforwards for C corporations.§ 1.163(j)-6 Application of the section 163(j) limitation to partnerships and subchapter S corporations.§ 1.163(j)-7 Application of the section 163(j) limitation to foreign corporations and United States shareholders.§ 1.163(j)-9 Elections for excepted trades or businesses; safe harbor for certain REITs.§ 1.163(j)-10 Allocation of interest expense, interest income, and other items of expense and gross income to an excepted trade or business.§ 1.163(j)-11 Transition rules.Prop. § 1.163(j)-2 Proposed 2020 · Deduction for business interest expense limited.Prop. § 1.163(j)-8 Proposed 2020 · Application of the section 163(j) limitation to foreign persons with effectively connected income.Prop. § 1.163(j)-10 Proposed 2020 · Prop. § 1.163(j)-7 Proposed 2026 · Application of the section 163(j) limitation to foreign corporations and United States shareholders.

Amended 1989, 1993, 2017

2017 Pub. L. 115-97 Pub. L. 115–97, § 13301(a), amended subsec. (j) generally. Prior to amendment, subsec. (j) related to a limitation on deduction for interest on certain indebtedness of a corporation.
1993 Pub. L. 103-66 Pub. L. 103–66, § 13228(c)(2), substituted “for interest on certain indebtedness” for “for certain interest paid by corporation to related person” in heading.
1989 Pub. L. 101-239 Pub. L. 101–239, § 7210(a), added subsec. (j). Former subsec. (j) redesignated (k).
1989 Pub. L. 101-239 Pub. L. 101–239, § 7202(b), redesignated subsec. (i) as (j).

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(1) In general The amount allowed as a deduction under this chapter for any taxable year for business interest shall not exceed the sum of—

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(A) the business interest income of such taxpayer for such taxable year,

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(B) 30 percent of the adjusted taxable income of such taxpayer for such taxable year, plus

Amended 1996

1996 Pub. L. 104-188 Pub. L. 104–188, § 1704(f)(2)(A), inserted before period at end “(and clause (ii) of paragraph (2)(A) shall not apply for purposes of applying this subsection to the amount so treated)”.

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(C) the floor plan financing interest of such taxpayer for such taxable year.

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The amount determined under subparagraph (B) shall not be less than zero.

(2) Carryforward of disallowed business interest The amount of any business interest not allowed as a deduction for any taxable year by reason of paragraph (1) shall be treated as business interest paid or accrued in the succeeding taxable year.

Amended 1990, 1997

1997 Pub. L. 105-34 Pub. L. 105–34, § 1604(g)(1), substituted “clause (ii)” for “clause (i)” in introductory provisions.
1990 Pub. L. 101-508 Pub. L. 101–508, § 11701(c)(2), substituted “or on any other day” for “and on such other days”.
1990 Pub. L. 101-508 Pub. L. 101–508, § 11701(c)(1), substituted “reduced (but not below zero) by such” for “less such” in introductory provisions.

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(3) Exemption for certain small businesses In the case of any taxpayer (other than a tax shelter prohibited from using the cash receipts and disbursements method of accounting under section 448(a)(3)) which meets the gross receipts test of section 448(c) for any taxable year, paragraph (1) shall not apply to such taxpayer for such taxable year. In the case of any taxpayer which is not a corporation or a partnership, the gross receipts test of section 448(c) shall be applied in the same manner as if such taxpayer were a corporation or partnership.

Amended 1993, 1999

1999 Pub. L. 106-170 Pub. L. 106–170 added subpar. (C).
1993 Pub. L. 103-66 Pub. L. 103–66, § 13228(a), amended heading and text of par. (3) generally. Prior to amendment, text read as follows: “For purposes of this subsection—
“(A) In general.—Except as provided in subparagraph (B), the term ‘disqualified interest’ means any interest paid or accrued by the taxpayer (directly or indirectly) to a related person if no tax is imposed by this subtitle with respect to such interest.
“(B) Exception for certain existing indebtedness.—The term ‘disqualified interest’ does not include any interest paid or accrued under indebtedness with a fixed term—
“(i) which was issued on or before July 10, 1989, or
“(ii) which was issued after such date pursuant to a written binding contract in effect on such date and all times thereafter before such indebtedness was issued.”

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(4) Application to partnerships, etc.

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(A) In general In the case of any partnership—

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(i) this subsection shall be applied at the partnership level and any deduction for business interest shall be taken into account in determining the non-separately stated taxable income or loss of the partnership, and

(ii) the adjusted taxable income of each partner of such partnership—

(I) shall be determined without regard to such partner’s distributive share of any items of income, gain, deduction, or loss of such partnership, and

(II) shall be increased by such partner’s distributive share of such partnership’s excess taxable income.

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For purposes of clause (ii)(II), a partner’s distributive share of partnership excess taxable income shall be determined in the same manner as the partner’s distributive share of nonseparately stated taxable income or loss of the partnership.

(B) Special rules for carryforwards

(i) In general The amount of any business interest not allowed as a deduction to a partnership for any taxable year by reason of paragraph (1) for any taxable year—

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(I) shall not be treated under paragraph (2) as business interest paid or accrued by the partnership in the succeeding taxable year, and

(II) shall, subject to clause (ii), be treated as excess business interest which is allocated to each partner in the same manner as the non-separately stated taxable income or loss of the partnership.

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(ii) Treatment of excess business interest allocated to partners If a partner is allocated any excess business interest from a partnership under clause (i) for any taxable year—

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(I) such excess business interest shall be treated as business interest paid or accrued by the partner in the next succeeding taxable year in which the partner is allocated excess taxable income from such partnership, but only to the extent of such excess taxable income, and

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(II) any portion of such excess business interest remaining after the application of subclause (I) shall, subject to the limitations of subclause (I), be treated as business interest paid or accrued in succeeding taxable years.

For purposes of applying this paragraph, excess taxable income allocated to a partner from a partnership for any taxable year shall not be taken into account under paragraph (1)(A) with respect to any business interest other than excess business interest from the partnership until all such excess business interest for such taxable year and all preceding taxable years has been treated as paid or accrued under clause (ii).

(iii) Basis adjustments

(I) In general The adjusted basis of a partner in a partnership interest shall be reduced (but not below zero) by the amount of excess business interest allocated to the partner under clause (i)(II).

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(II) Special rule for dispositions If a partner disposes of a partnership interest, the adjusted basis of the partner in the partnership interest shall be increased immediately before the disposition by the amount of the excess (if any) of the amount of the basis reduction under subclause (I) over the portion of any excess business interest allocated to the partner under clause (i)(II) which has previously been treated under clause (ii) as business interest paid or accrued by the partner. The preceding sentence shall also apply to transfers of the partnership interest (including by reason of death) in a transaction in which gain is not recognized in whole or in part. No deduction shall be allowed to the transferor or transferee under this chapter for any excess business interest resulting in a basis increase under this subclause.

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(C) Excess taxable income The term “excess taxable income” means, with respect to any partnership, the amount which bears the same ratio to the partnership’s adjusted taxable income as—

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(i) the excess (if any) of—

(I) the amount determined for the partnership under paragraph (1)(B), over

(II) the amount (if any) by which the business interest of the partnership, reduced by the floor plan financing interest, exceeds the business interest income of the partnership, bears to

(ii) the amount determined for the partnership under paragraph (1)(B).

(D) Application to S corporations Rules similar to the rules of subparagraphs (A) and (C) shall apply with respect to any S corporation and its shareholders.

(5) Business interest For purposes of this subsection, the term “business interest” means any interest paid or accrued on indebtedness properly allocable to a trade or business. Such term shall not include investment interest (within the meaning of subsection (d)). Such term shall not include any interest which is capitalized under section 263(g) or 263A(f).

Amended 1993, 2025

2025 Pub. L. 119-21 Pub. L. 119–21, § 70341(b), inserted at end “Such term shall not include any interest which is capitalized under section 263(g) or 263A(f).”
1993 Pub. L. 103-66 Pub. L. 103–66, § 13228(c)(1), struck out “to a related person” after “by the taxpayer” in introductory provisions.

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(6) Business interest income For purposes of this subsection, the term “business interest income” means the amount of interest includible in the gross income of the taxpayer for the taxable year which is properly allocable to a trade or business. Such term shall not include investment income (within the meaning of subsection (d)).

Amended 1993, 1996, 2005

2005 Pub. L. 109-135 Pub. L. 109–135 added subcl. (III) and redesignated former subcl. (III) as (IV).
1996 Pub. L. 104-188 Pub. L. 104–188, § 1703(n)(4), which directed that cl. (ii) be amended by substituting “which is” for “which is a”, could not be executed, because “which is a” does not appear.
1993 Pub. L. 103-66 Pub. L. 103–66, § 13228(b), added subpars. (D) and (E).

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(7) Trade or business For purposes of this subsection—

Amended 1996

1996 Pub. L. 104-188 Pub. L. 104–188, § 1704(f)(2)(B), added par. (7) and redesignated former par. (7) as (8).

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(A) In general The term “trade or business” shall not include—

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(i) the trade or business of performing services as an employee,

(ii) any electing real property trade or business,

(iii) any electing farming business, or

(iv) the trade or business of the furnishing or sale of—

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(I) electrical energy, water, or sewage disposal services,

(II) gas or steam through a local distribution system, or

(III) transportation of gas or steam by pipeline,

if the rates for such furnishing or sale, as the case may be, have been established or approved by a State or political subdivision thereof, by any agency or instrumentality of the United States, by a public service or public utility commission or other similar body of any State or political subdivision thereof, or by the governing or ratemaking body of an electric cooperative.

(B) Electing real property trade or business For purposes of this paragraph, the term “electing real property trade or business” means any trade or business which is described in section 469(c)(7)(C) and which makes an election under this subparagraph. Any such election shall be made at such time and in such manner as the Secretary shall prescribe, and, once made, shall be irrevocable.

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(C) Electing farming business For purposes of this paragraph, the term “electing farming business” means—

“Any such election shall be made at such time and in such manner as the Secretary shall prescribe” Closing words

Textual readingANY OF= electing farming business

(i) a farming business (as defined in section 263A(e)(4)) which makes an election under this subparagraph, or

(ii) any trade or business of a specified agricultural or horticultural cooperative (as defined in section 199A(g)(2)) [OLRC note: See References in Text note below.] with respect to which the cooperative makes an election under this subparagraph.

Any such election shall be made at such time and in such manner as the Secretary shall prescribe, and, once made, shall be irrevocable.

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(8) Adjusted taxable income For purposes of this subsection, the term “adjusted taxable income” means the taxable income of the taxpayer—

Amended 1996, 2006

2006 Pub. L. 109-222 Pub. L. 109–222, § 501(a), added par. (8). Former par. (8) redesignated (9).
1996 Pub. L. 104-188 Pub. L. 104–188, § 1704(f)(2)(B), added par. (7) and redesignated former par. (7) as (8).

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(A) computed without regard to—

(i) any item of income, gain, deduction, or loss which is not properly allocable to a trade or business,

(ii) any business interest or business interest income,

(iii) the amount of any net operating loss deduction under section 172,

(iv) the amount of any deduction allowed under section 199A,

(v) any deduction allowable for depreciation, amortization, or depletion, and

Amended 2025

2025 Pub. L. 119-21 Pub. L. 119–21, § 70303(a), struck out “in the case of taxable years beginning before January 1, 2022,” before “any deduction”.

(vi) the amounts included in gross income under sections 951(a), 951A(a), and 78 (and the portion of the deductions allowed under sections 245A(a) (by reason of section 964(e)(4)) and 250(a)(1)(B) by reason of such inclusions), and

Amended 2025

2025 Pub. L. 119-21 Pub. L. 119–21, § 70342(a), added cl. (vi).

(B) computed with such other adjustments as provided by the Secretary.

(9) Floor plan financing interest defined For purposes of this subsection—

Amended 2006

2006 Pub. L. 109-222 Pub. L. 109–222 redesignated par. (8) as (9) and added subpar. (D).

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(A) In general The term “floor plan financing interest” means interest paid or accrued on floor plan financing indebtedness.

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(B) Floor plan financing indebtedness The term “floor plan financing indebtedness” means indebtedness—

“indebtedness—” Opening words

Textual readingALL OF= floor plan financing indebtedness

(i) used to finance the acquisition of motor vehicles held for sale or lease, and

(ii) secured by the inventory so acquired.

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(C) Motor vehicle The term “motor vehicle” means a motor vehicle that is any of the following:

Amended 2025

2025 Pub. L. 119-21 Pub. L. 119–21, § 70303(b), inserted concluding provisions.

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(i) Any self-propelled vehicle designed for transporting persons or property on a public street, highway, or road.

(ii) A boat.

(iii) Farm machinery or equipment.

Such term shall also include any trailer or camper which is designed to provide temporary living quarters for recreational, camping, or seasonal use and is designed to be towed by, or affixed to, a motor vehicle.

(10) Coordination with interest capitalization provisions

Amended 2020, 2025

2025 Pub. L. 119-21 Pub. L. 119–21, § 70341(a), (c), added pars. (10) and (11) and successively redesignated former pars. (10) and (11) as (12) and (13), respectively.
2020 Pub. L. 116-136 Pub. L. 116–136 added par. (10) and redesignated former par. (10) as (11).

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(A) In general In applying this subsection—

(i) the limitation under paragraph (1) shall apply to business interest without regard to whether the taxpayer would otherwise deduct such business interest or capitalize such business interest under an interest capitalization provision, and

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(ii) any reference in this subsection to a deduction for business interest shall be treated as including a reference to the capitalization of business interest.

(B) Amount allowed applied first to capitalized interest The amount allowed after taking into account the limitation described in paragraph (1)—

(i) shall be applied first to the aggregate amount of business interest which would otherwise be capitalized, and

(ii) the remainder (if any) shall be applied to the aggregate amount of business interest which would be deducted.

(C) Treatment of disallowed interest carried forward No portion of any business interest carried forward under paragraph (2) from any taxable year to any succeeding taxable year shall, for purposes of this title (including any interest capitalization provision which previously applied to such portion) be treated as interest to which an interest capitalization provision applies.

(D) Interest capitalization provision For purposes of this section, the term “interest capitalization provision” means any provision of this subtitle under which interest—

“any provision of this subtitle under which interest—” Opening words

Textual readingANY OF= an interest capitalization provision

(i) is required to be charged to capital account, or

(ii) may be deducted or charged to capital account.

(11) Regulatory authority The Secretary shall issue such regulations or guidance as may be necessary or appropriate to carry out the purposes of this subsection, including regulations or guidance to determine which business interest is taken into account under this subsection and section 59A(c)(3).

Amended 2020, 2025

2025 Pub. L. 119-21 Pub. L. 119–21, § 70341(a), (c), added pars. (10) and (11) and successively redesignated former pars. (10) and (11) as (12) and (13), respectively.
2020 Pub. L. 116-136 Pub. L. 116–136 added par. (10) and redesignated former par. (10) as (11).

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(12) Special rule for taxable years beginning in 2019 and 2020

Amended 2025

2025 Pub. L. 119-21 Pub. L. 119–21, § 70341(a), (c), added pars. (10) and (11) and successively redesignated former pars. (10) and (11) as (12) and (13), respectively.

(A) In general

(i) In general Except as provided in clause (ii) or (iii), in the case of any taxable year beginning in 2019 or 2020, paragraph (1)(B) shall be applied by substituting “50 percent” for “30 percent”.

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(ii) Special rule for partnerships In the case of a partnership—

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(I) clause (i) shall not apply to any taxable year beginning in 2019, but

(II) unless a partner elects not to have this subclause apply, in the case of any excess business interest of the partnership for any taxable year beginning in 2019 which is allocated to the partner under paragraph (4)(B)(i)(II)—

(aa) 50 percent of such excess business interest shall be treated as business interest which, notwithstanding paragraph (4)(B)(ii), is paid or accrued by the partner in the partner’s first taxable year beginning in 2020 and which is not subject to the limits of paragraph (1), and

(bb) 50 percent of such excess business interest shall be subject to the limitations of paragraph (4)(B)(ii) in the same manner as any other excess business interest so allocated.

(iii) Election out A taxpayer may elect, at such time and in such manner as the Secretary may prescribe, not to have clause (i) apply to any taxable year. Such an election, once made, may be revoked only with the consent of the Secretary. In the case of a partnership, any such election shall be made by the partnership and may be made only for taxable years beginning in 2020.

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(B) Election to use 2019 adjusted taxable income for taxable years beginning in 2020

(i) In general Subject to clause (ii), in the case of any taxable year beginning in 2020, the taxpayer may elect to apply this subsection by substituting the adjusted taxable income of the taxpayer for the last taxable year beginning in 2019 for the adjusted taxable income for such taxable year. In the case of a partnership, any such election shall be made by the partnership.

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(ii) Special rule for short taxable years If an election is made under clause (i) for a taxable year which is a short taxable year, the adjusted taxable income for the taxpayer’s last taxable year beginning in 2019 which is substituted under clause (i) shall be equal to the amount which bears the same ratio to such adjusted taxable income determined without regard to this clause as the number of months in the short taxable year bears to 12 [OLRC note: So in original. Probably should be followed by a period.]

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(13) Cross references

Amended 2025

2025 Pub. L. 119-21 Pub. L. 119–21, § 70341(a), (c), added pars. (10) and (11) and successively redesignated former pars. (10) and (11) as (12) and (13), respectively.

(A) For requirement that an electing real property trade or business use the alternative depreciation system, see section 168(g)(1)(F).

(B) For requirement that an electing farming business use the alternative depreciation system, see section 168(g)(1)(G).

(k) Section 6166 interest No deduction shall be allowed under this section for any interest payable under section 6601 on any unpaid portion of the tax imposed by section 2001 for the period during which an extension of time for payment of such tax is in effect under section 6166.

Amended 1989, 1997

1997 Pub. L. 105-34 Pub. L. 105–34, § 503(b)(2)(A), added subsec. (k). Former subsec. (k) redesignated (l).
1989 Pub. L. 101-239 Pub. L. 101–239, § 7210(a), redesignated subsec. (j) as (k).

(l) Disallowance of deduction on certain debt instruments of corporations

Amended 1997

1997 Pub. L. 105-34 Pub. L. 105–34, § 1005(a), added subsec. (l). Former subsec. (l) redesignated (m).
1997 Pub. L. 105-34 Pub. L. 105–34, § 503(b)(2)(A), redesignated subsec. (k) as (l).

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(1) In general No deduction shall be allowed under this chapter for any interest paid or accrued on a disqualified debt instrument.

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(2) Disqualified debt instrument For purposes of this subsection, the term “disqualified debt instrument” means any indebtedness of a corporation which is payable in equity of the issuer or a related party or equity held by the issuer (or any related party) in any other person.

Amended 2004

2004 Pub. L. 108-357 Pub. L. 108–357, § 845(a), inserted “or equity held by the issuer (or any related party) in any other person” after “or a related party”.

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(3) Special rules for amounts payable in equity For purposes of paragraph (2), indebtedness shall be treated as payable in equity of the issuer or any other person only if—

Textual readingANY OF= indebtedness treated as payable in equity

(A) a substantial amount of the principal or interest is required to be paid or converted, or at the option of the issuer or a related party is payable in, or convertible into, such equity,

“Substantial” implies facts and circumstances. No regulation cites this provision (eCFR, Oct 19, 2026)

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(B) a substantial amount of the principal or interest is required to be determined, or at the option of the issuer or a related party is determined, by reference to the value of such equity, or

“Substantial” implies facts and circumstances. No regulation cites this provision (eCFR, Oct 19, 2026)

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(C) the indebtedness is part of an arrangement which is reasonably expected to result in a transaction described in subparagraph (A) or (B).

“Reasonably” implies facts and circumstances. No regulation cites this provision (eCFR, Oct 19, 2026)

For purposes of this paragraph, principal or interest shall be treated as required to be so paid, converted, or determined if it may be required at the option of the holder or a related party and there is a substantial certainty the option will be exercised.

Amended 2004

2004 Pub. L. 108-357 Pub. L. 108–357, § 845(d), substituted “or any other person” for “or a related party” in introductory provisions.

(4) Capitalization allowed with respect to equity of persons other than issuer and related parties If the disqualified debt instrument of a corporation is payable in equity held by the issuer (or any related party) in any other person (other than a related party), the basis of such equity shall be increased by the amount not allowed as a deduction by reason of paragraph (1) with respect to the instrument.

Amended 2004

2004 Pub. L. 108-357 Pub. L. 108–357, § 845(b), (c), added pars. (4) and (5) and redesignated former pars. (4) and (5) as (6) and (7), respectively.

(5) Exception for certain instruments issued by dealers in securities For purposes of this subsection, the term “disqualified debt instrument” does not include indebtedness issued by a dealer in securities (or a related party) which is payable in, or by reference to, equity (other than equity of the issuer or a related party) held by such dealer in its capacity as a dealer in securities. For purposes of this paragraph, the term “dealer in securities” has the meaning given such term by section 475.

Amended 2004

2004 Pub. L. 108-357 Pub. L. 108–357, § 845(b), (c), added pars. (4) and (5) and redesignated former pars. (4) and (5) as (6) and (7), respectively.

(6) Related party For purposes of this subsection, a person is a related party with respect to another person if such person bears a relationship to such other person described in section 267(b) or 707(b).

Amended 2004

2004 Pub. L. 108-357 Pub. L. 108–357, § 845(b), (c), added pars. (4) and (5) and redesignated former pars. (4) and (5) as (6) and (7), respectively.

(7) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection, including regulations preventing avoidance of this subsection through the use of an issuer other than a corporation.

Amended 2004

2004 Pub. L. 108-357 Pub. L. 108–357, § 845(b), (c), added pars. (4) and (5) and redesignated former pars. (4) and (5) as (6) and (7), respectively.

(m) Interest on unpaid taxes attributable to nondisclosed reportable transactions No deduction shall be allowed under this chapter for any interest paid or accrued under section 6601 on any underpayment of tax which is attributable to the portion of any reportable transaction understatement (as defined in section 6662A(b)) with respect to which the requirement of section 6664(d)(2)(A) 1 is not met.

Amended 1997, 2004

2004 Pub. L. 108-357 Pub. L. 108–357, § 838(a), added subsec. (m) and redesignated former subsec. (m) as (n).
1997 Pub. L. 105-34 Pub. L. 105–34, § 1005(a), redesignated subsec. (l) as (m).

(n) Cross references

Amended 2004

2004 Pub. L. 108-357 Pub. L. 108–357, § 838(a), added subsec. (m) and redesignated former subsec. (m) as (n).

(1) For disallowance of certain amounts paid in connection with insurance, endowment, or annuity contracts, see section 264.

(2) For disallowance of deduction for interest relating to tax-exempt income, see section 265(a)(2).

(3) For disallowance of deduction for carrying charges chargeable to capital account, see section 266.

(4) For disallowance of interest with respect to transactions between related taxpayers, see section 267.

(5) For treatment of redeemable ground rents and real property held subject to liabilities under redeemable ground rents, see section 1055.