26 U.S.C. § 1037 | Certain exchanges of United States obligations

(a)

General rule

When so provided by regulations promulgated by the Secretary in connection with the issue of obligations of the United States, no gain or loss shall be recognized on the surrender to the United States of obligations of the United States issued under chapter 31 of title 31 in exchange solely for other obligations issued under such chapter.

(b)

Application of original issue discount rules

(1)

Exchanges involving obligations issued at a discount

1 See References in Text note below.

In any case in which gain has been realized but not recognized because of the provisions of subsection (a) (or so much of section 1031(b) as relates to subsection (a) of this section), to the extent such gain is later recognized by reason of a disposition or redemption of an obligation received in an exchange subject to such provisions, the first sentence of section 1271(c)(2)  shall apply to such gain as though the obligation disposed of or redeemed were the obligation surrendered to the Government in the exchange rather than the obligation actually disposed of or redeemed. For purposes of this paragraph and subpart A of part V of subchapter P, if the obligation surrendered in the exchange is a nontransferable obligation described in subsection (a) or (c) of section 454—

(A)

the aggregate amount considered, with respect to the obligation surrendered, as ordinary income shall not exceed the difference between the issue price and the stated redemption price which applies at the time of the exchange, and

(B)

the issue price of the obligation received in the exchange shall be considered to be the stated redemption price of the obligation surrendered in the exchange, increased by the amount of other consideration (if any) paid to the United States as a part of the exchange.

(2)

Exchanges of transferable obligations issued at not less than par

In any case in which subsection (a) (or so much of section 1031(b) or (c) as relates to subsection (a) of this section) has applied to the exchange of a transferable obligation which was issued at not less than par for another transferable obligation, the issue price of the obligation received from the Government in the exchange shall be considered for purposes of applying subpart A of part V of subchapter P to be the same as the issue price of the obligation surrendered to the Government in the exchange, increased by the amount of other consideration (if any) paid to the United States as a part of the exchange.

(c)

Cross references

(1)

For rules relating to the recognition of gain or loss in a case where subsection (a) would apply except for the fact that the exchange was not made solely for other obligations of the United States, see subsections (b) and (c) of section 1031.

(2)

For rules relating to the basis of obligations of the United States acquired in an exchange for other obligations described in subsection (a), see subsection (d) of section 1031.

Pub. L. 86–346, title II, § 201(a)Sept. 22, 195973 Stat. 622 Pub. L. 94–455, title XIX, § 1901(a)(130)Oct. 4, 197690 Stat. 1786 Pub. L. 97–452, § 2(c)(3)Jan. 12, 198396 Stat. 2478 Pub. L. 98–369, div. A, title I, § 42(a)(11)July 18, 198498 Stat. 557(Added , , ; amended , (b)(3)(I), , , 1793; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 115–141, div. U, title IV, § 401(c)(1)(A)(i)Mar. 23, 2018132 Stat. 1205Section 1271(c), referred to in subsec. (b)(1), was repealed and section 1271(d) redesignated section 1271(c) by , , .

Amendments

Pub. L. 98–369, § 42(a)(11)(A)Subsec. (b)(1). , (B), substituted “section 1271(c)(2)” for “section 1232(a)(2)(B)”, and “subpart A of part V of subchapter P” for “section 1232”.

Pub. L. 98–369, § 42(a)(11)(B)Subsec. (b)(2). , substituted “subpart A of part V of subchapter P” for “section 1232”.

Pub. L. 97–4521983—Subsec. (a). substituted “chapter 31 of title 31” and “chapter” for “the Second Liberty Bond Act” and “Act”, respectively.

Pub. L. 94–4551976—Subsec. (b)(1). substituted in introductory provisions “section 1232(a)(2)(B)” for “section 1232(a)(2)(A)” and in subpar. (A) “ordinary income” for “gain from the sale or exchange of property which is not a capital asset”.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–369July 18, 1984section 44 of Pub. L. 98–369 section 1271 of this titleAmendment by applicable to taxable years ending after , see , set out as an Effective Date note under .

Effective Date of 1976 Amendment

Pub. L. 94–455Dec. 31, 1976section 1901(d) of Pub. L. 94–455 section 2 of this titleAmendment by effective for taxable years beginning after , see , set out as a note under .

Effective Date

Pub. L. 86–346, title II, § 203Sept. 22, 195973 Stat. 624

section 1031 of this titleSept. 22, 1959“The amendments made by this title [enacting this section and amending and section 742a of former Title 31, Money and Finance] shall be effective for taxable years ending after the date of enactment of this Act [].”

, , , provided that: