26 U.S.C. § 1275 | Other definitions and special rules

(a)

Definitions

For purposes of this subpart—

(1)

Debt instrument

(A)

In general

Except as provided in subparagraph (B), the term “debt instrument” means a bond, debenture, note, or certificate or other evidence of indebtedness.

(B)

Exception for certain annuity contracts

The term “debt instrument” shall not include any annuity contract to which section 72 applies and which—

(i)

depends (in whole or in substantial part) on the life expectancy of 1 or more individuals, or

(ii)

is issued by an insurance company subject to tax under subchapter L (or by an entity described in section 501(c) and exempt from tax under section 501(a) which would be subject to tax under subchapter L were it not so exempt)—

(I)

in a transaction in which there is no consideration other than cash or another annuity contract meeting the requirements of this clause,

(II)

pursuant to the exercise of an election under an insurance contract by a beneficiary thereof on the death of the insured party under such contract, or

(III)

in a transaction involving a qualified pension or employee benefit plan.

(2)

Issue date

(A)

Publicly offered debt instruments

In the case of any debt instrument which is publicly offered, the term “date of original issue” means the date on which the issue was first issued to the public.

(B)

Issues not publicly offered and not issued for property

In the case of any debt instrument to which section 1273(b)(2) applies, the term “date of original issue” means the date on which the debt instrument was sold by the issuer.

(C)

Other debt instruments

In the case of any debt instrument not described in subparagraph (A) or (B), the term “date of original issue” means the date on which the debt instrument was issued in a sale or exchange.

(3)

Tax-exempt obligation

The term “tax-exempt obligation” means any obligation if—

(A)

the interest on such obligation is not includible in gross income under section 103, or

(B)

the interest on such obligation is exempt from tax (without regard to the identity of the holder) under any other provision of law.

(4)

Treatment of obligations distributed by corporations

Any debt obligation of a corporation distributed by such corporation with respect to its stock shall be treated as if it had been issued by such corporation for property.

(b)

Treatment of borrower in the case of certain loans for personal use

(1)

Sections 1274 and 483 not to apply

In the case of the obligor under any debt instrument given in consideration for the sale or exchange of property, sections 1274 and 483 shall not apply if such property is personal use property.

(2)

Original issue discount deducted on cash basis in certain cases

In the case of any debt instrument, if—

(A)

such instrument—

(i)

is incurred in connection with the acquisition or carrying of personal use property, and

(ii)

has original issue discount (determined after the application of paragraph (1)), and

(B)

the obligor under such instrument uses the cash receipts and disbursements method of accounting,

notwithstanding section 163(e), the original issue discount on such instrument shall be deductible only when paid.

(3)

Personal use property

For purposes of this subsection, the term “personal use property” means any property substantially all of the use of which by the taxpayer is not in connection with a trade or business of the taxpayer or an activity described in section 212. The determination of whether property is described in the preceding sentence shall be made as of the time of issuance of the debt instrument.

(c)

Information requirements

(1)

Information required to be set forth on instrument

(A)

In general

In the case of any debt instrument having original issue discount, the Secretary may by regulations require that—

(i)

the amount of the original issue discount, and

(ii)

the issue date,

be set forth on such instrument.

(B)

Special rule for instruments not publicly offered

In the case of any issue of debt instruments not publicly offered, the regulations prescribed under subparagraph (A) shall not require the information to be set forth on the debt instrument before any disposition of such instrument by the first buyer.

(2)

Information required to be submitted to Secretary

In the case of any issue of publicly offered debt instruments having original issue discount, the issuer shall (at such time and in such manner as the Secretary shall by regulation prescribe) furnish the Secretary the following information:

(A)

The amount of the original issue discount.

(B)

The issue date.

(C)

Such other information with respect to the issue as the Secretary may by regulations require.

For purposes of the preceding sentence, any person who makes a public offering of stripped bonds (or stripped coupons) shall be treated as the issuer of a publicly offered debt instrument having original issue discount.

(3)

Exceptions

This subsection shall not apply to any obligation referred to in section 1272(a)(2) (relating to exceptions from current inclusion of original issue discount).

(4)

Cross reference

For civil penalty for failure to meet requirements of this subsection, see section 6706.

(d)

Regulation authority

The Secretary may prescribe regulations providing that where, by reason of varying rates of interest, put or call options, indefinite maturities, contingent payments, assumptions of debt instruments, or other circumstances, the tax treatment under this subpart (or section 163(e)) does not carry out the purposes of this subpart (or section 163(e)), such treatment shall be modified to the extent appropriate to carry out the purposes of this subpart (or section 163(e)).

Pub. L. 98–369, div. A, title IJuly 18, 198498 Stat. 540 Pub. L. 99–514, title XVIII, § 1804(f)(2)(A)Oct. 22, 1986100 Stat. 2805 Pub. L. 100–647, title I, § 1006(u)(4)Nov. 10, 1988102 Stat. 3427 Pub. L. 101–508, title XI, § 11325(a)(2)Nov. 5, 1990104 Stat. 1388–466 Pub. L. 106–554, § 1(a)(7) [title III, § 318(c)(1)]Dec. 21, 2000114 Stat. 2763(Added and amended , §§ 41(a), 61(c)(2), , , 581; , , ; , , ; , , ; , , , 2763A–645.)

Editorial Notes

Amendments

Pub. L. 106–5542000—Subsec. (a)(1)(B)(ii). , in introductory provisions, substituted “subchapter L (or by an entity described in section 501(c) and exempt from tax under section 501(a) which would be subject to tax under subchapter L were it not so exempt)” for “subchapter L”.

Pub. L. 101–5081990—Subsec. (a)(4), (5). redesignated par. (5) as (4) and struck out former par. (4) which related to a special rule for determination of issue price in case of exchange of debt instruments in reorganization.

Pub. L. 100–6471988—Subsec. (a)(4)(B)(ii)(I). substituted “subsection (a)(7)” for “subsection (a)(6)”.

Pub. L. 99–5141986—Subsec. (a)(4), (5). redesignated par. (4), relating to treatment of obligations distributed to corporations, as (5), and substituted “by corporations” for “to corporations” in heading.

Pub. L. 98–369, § 61(c)(2)1984—Subsec. (a)(4). , added par. (4) relating to treatment of obligations distributed to corporations.

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–554, § 1(a)(7) [title III, § 318(c)(2)]Dec. 21, 2000114 Stat. 2763

Pub. L. 98–369, div. A“The amendment made by this subsection [amending this section] shall take effect as if included in the amendments made by section 41 of the Tax Reform Act of 1984 [].”

, , , 2763A–645, provided that:

Effective Date of 1990 Amendment

Pub. L. 101–508Oct. 1, 1990section 11325(c) of Pub. L. 101–508 section 108 of this titleAmendment by applicable, with certain exceptions, to debt instruments issued and stock transferred after , in satisfaction of any indebtedness, see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–647 Pub. L. 99–514 section 1019(a) of Pub. L. 100–647 section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see , set out as a note under .

Effective Date of 1986 Amendment

Pub. L. 99–514 Pub. L. 98–369, div. A section 1881 of Pub. L. 99–514 section 48 of this titleAmendment by effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, , to which such amendment relates, see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–369Mar. 15, 1984section 61(e)(3) of Pub. L. 98–369 section 312 of this titleAmendment by applicable with respect to distributions declared , in taxable years ending after that date, see , set out as a note under .

Effective Date

July 18, 1984July 18, 1984section 44 of Pub. L. 98–369 section 1271 of this titleSection applicable to taxable years ending after , but subsec. (c) of this section effective on the day 30 days after , see , set out as a note under .

Plan Amendments Not Required Until January 1, 1989

Pub. L. 99–514Jan. 1, 1989section 1140 of Pub. L. 99–514 section 401 of this titleFor provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after , see , as amended, set out as a note under .