Requirement of reporting
Interest defined
General rule
Exceptions
Payments by United States nominees, etc., of United States person
Persons described in this paragraph
Amounts described in this paragraph
Statements to be furnished to persons with respect to whom information is required
In general
Time and form of statement
Definitions and special rules
Person
The term “person” includes any governmental unit and any agency or instrumentality thereof and any international organization and any agency or instrumentality thereof.
Obligation
The term “obligation” includes bonds, debentures, notes, certificates, and other evidences of indebtedness.
Payments by governmental units
In the case of payments made by any governmental unit or any agency or instrumentality thereof, the officer or employee having control of the payment of interest (or the person appropriately designated for purposes of this section) shall make the returns and statements required by this section.
Financial institutions, brokers, etc., collecting interest may be substituted for payor
Interest on certain obligations may be treated on a transactional basis
In general
Separate returns and statements
If subparagraph (A) applies to interest on any obligation, the return under subsection (a) and the statement furnished under subsection (c) with respect to such transaction may be made separately, but any such statement shall be furnished to the payee at such time as the Secretary may prescribe by regulations but not later than January 31 of the next calendar year.
Statement to payee required in case of transactions involving $10 or more
In the case of any transaction to which this paragraph applies which involves the payment of $10 or more of interest, a statement of the transaction may be provided to the payee of such interest in lieu of the statement required under subsection (c). Such statement shall be provided during January of the year following the year in which such payment is made.
Treatment of original issue discount
In general
Original issue discount
For purposes of this paragraph, the term “original issue discount” has the meaning given to such term by section 1273(a).
Interests in REMIC’s and certain other debt instruments
In general
For purposes of subsection (a), the term “interest” includes amounts includible in gross income with respect to regular interests in REMIC’s (and such amounts shall be treated as paid when includible in gross income under section 860B(b)).
Reporting to corporations, etc.
Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph and any other debt instrument to which section 1272(a)(6) applies, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i).
Additional information
Except as otherwise provided in regulations, any return or statement required to be filed or furnished under this section with respect to interest income described in subparagraph (A) and interest on any other debt instrument to which section 1272(a)(6) applies shall also provide information setting forth the adjusted issue price of the interest to which the return or statement relates at the beginning of each accrual period with respect to which interest income is required to be reported on such return or statement and information necessary to compute accrual of market discount.
Regulatory authority
The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.
Reporting of credit on clean renewable energy bonds
In general
Reporting to corporations, etc.
Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A), subsection (b)(4) shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i) of such subsection.
Regulatory authority
The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.
Reporting of credit on qualified tax credit bonds
In general
11For purposes of subsection (a), the term “interest” includes amounts includible in gross income under section 54A and such amounts shall be treated as paid on the credit allowance date (as defined in section 54A(e)(1)).
Reporting to corporations, etc.
Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i).
Regulatory authority
The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.
Pub. L. 87–834, § 19(c)76 Stat. 1055Pub. L. 91–172, title IV, § 413(c)83 Stat. 611Pub. L. 94–455, title XIX90 Stat. 1793Pub. L. 97–248, title III96 Stat. 587Pub. L. 97–424, title V, § 547(b)(4)96 Stat. 2200Pub. L. 98–67, title I97 Stat. 369Pub. L. 98–369, div. A, title I, § 42(a)(14)98 Stat. 557Pub. L. 99–514, title VI, § 674100 Stat. 2319Pub. L. 100–647, title I, § 1006(t)(24)102 Stat. 3426Pub. L. 104–168, title XII, § 1201(a)(6)110 Stat. 1469Pub. L. 109–58, title XIII, § 1303(b)119 Stat. 996Pub. L. 109–135, title I, § 101(b)(2)119 Stat. 2593Pub. L. 109–222, title V, § 502(a)120 Stat. 354Pub. L. 110–234, title XV, § 15316(b)122 Stat. 1511Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 115–141, div. U, title IV, § 401(d)(6)(B)(vi)132 Stat. 1211(Added , , ; amended , (d), , , 612; , §§ 1901(b)(6)(A), 1906(b)(13)(A), , , 1834; , §§ 303(b), 308(a), 309(a), , , 591; , , ; , §§ 102(a), (e), 108(a), , , 370, 383; , title IV, § 474(r)(29)(J), , , 845; , title XII, § 1214(c)(4), title XV, § 1501(c)(5), title XVIII, § 1803(a)(14)(C), , , 2543, 2737, 2797; , (v), , , 3427; , , ; , , ; , , ; , (b), , ; , , ; , title XV, § 15316(b), , , 2273; , , .)
Editorial Notes
References in Text
act Aug. 22, 1940, ch. 68654 Stat. 789section 80a–51 of Title 15The Investment Company Act of 1940, referred to in subsec. (b)(4)(J), is title I of , , which is classified generally to subchapter I (§ 80a–1 et seq.) of chapter 2D of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see and Tables.
Pub. L. 115–97, title I, § 13404(a)131 Stat. 2138Section 54, referred to in subsec. (d)(8)(A), was repealed by , , .
Pub. L. 115–97, title I, § 13404(a)131 Stat. 2138Section 54A, referred to in subsec (d)(9)(A), was repealed by , , .
Codification
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .
Amendments
Pub. L. 115–141ll2018—Subsec. (d)(8)(A). struck out “or 1400N()(6)” after “section 54(g)” and “or 1400N()(2)(D), as the case may be” after “section 54(b)(4)”.
Pub. L. 110–246, § 15316(b)2008—Subsec. (d)(9). , added par. (9).
Pub. L. 109–222, § 502(a)2006—Subsec. (b)(2)(B). , redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “interest on any obligation if such interest is exempt from tax under section 103(a) or if such interest is exempt from tax (without regard to the identity of the holder) under any other provision of this title,”.
Pub. L. 109–222Subsec. (b)(2)(C). redesignated subpar. (D) as (C) and substituted “subparagraph (B)” for “subparagraph (C)”.
Pub. L. 109–222, § 502(a)Subsec. (b)(2)(D). , redesignated subpar. (D) as (C).
Pub. L. 109–582005—Subsec. (d)(8). added par. (8).
Pub. L. 109–135llSubsec. (d)(8)(A). inserted “or 1400N()(6)” after “section 54(g)” and “or 1400N()(2)(D), as the case may be” after “section 54(b)(4)”.
Pub. L. 104–1681996—Subsec. (c)(1)(A). substituted “name, address, and phone number of the information contact” for “name and address”.
Pub. L. 100–647, § 1006(v)1988—Subsec. (d)(7)(A). , inserted parenthetical phrase relating to amounts treated as paid when includible in gross income under section 860B(b).
Pub. L. 100–647, § 1006(t)(24)Subsec. (d)(7)(C). , substituted “the adjusted issue price” for “the issue price”.
Pub. L. 99–514, § 1803(a)(14)(C)1986—Subsec. (b)(5)(B)(iii). , substituted “section 1273(a)” for “section 1232(b)(1)”.
Pub. L. 99–514, § 1214(c)(4)Subsec. (b)(5)(B)(iv). , added cl. (iv).
Pub. L. 99–514, § 1501(c)(5)Subsec. (c). , in amending subsec. (c) generally, substituted “information is required” for “information is furnished” in subsection heading and, in text, substituted references to persons required to make a return for former references to persons making a return and struck out provisions that no statement was required if the aggregate amount of payments to the person shown on the return was less than $10.
Pub. L. 99–514, § 674Subsec. (d)(7). , added par. (7).
Pub. L. 98–369, § 474(r)(29)(J)1984—Subsec. (b)(2)(E). , struck out subpar. (E) which related to amounts on which the person making payments was required to deduct and withhold a tax under section 1451 (relating to tax-free covenant bonds), or would have been so required but for section 1451(d) (relating to benefit of personal exemptions).
Pub. L. 98–369, § 42(a)(14)(A)Subsec. (d)(6)(A). , substituted “section 1272” for “section 1232A” in two places.
Pub. L. 98–369, § 42(a)(14)(B)Subsec. (d)(6)(B). , substituted “section 1273(a)” for “section 1232(b)(1)”.
Pub. L. 98–67, § 102(e)(1)1983—Subsec. (a). , struck out par. (3) which related to persons required under subchapter B of chapter 24 to withhold tax on the payment of interest and, in provisions following par. (2), substituted “and the name and address of the person to whom paid” for “, tax deducted and withheld, and the name and address of the person to whom paid or from whom withheld”.
Pub. L. 97–424Subsec. (b)(2)(B). substituted “this title” for “law”.
Pub. L. 98–67, § 102(e)(2)Subsec. (b)(2)(C). , amended subpar. (C) generally, substituting in cl. (i) “person described in paragraph (4), or” for “person referred to in paragraph (2) of section 3452(c) (other than subparagraphs (J) and (K) thereof), or” and in cl. (ii) “described in paragraph (5),” for “described in section 3454(a)(2)(D) or (E),”.
Pub. L. 98–67, § 102(e)(2)(B)Subsec. (b)(4), (5). , added pars. (4) and (5).
Pub. L. 98–67, § 102(e)(3)Subsec. (c)(1)(C). , struck out subpar. (C) which related to aggregate amount of tax deducted and withheld with respect to the person under subchapter B of chapter 24.
Pub. L. 98–67, § 108(a)Subsec. (c)(2). , amended par. (2) generally, inserting provision allowing the written statement to be furnished either in person or in a separate mailing by first-class mail and authorizing the Secretary to prescribe by regulation the form that the written statement must take.
Pub. L. 98–67, § 102(a)Pub. L. 97–248Subsec. (e). , repealed amendments made by . See 1982 Amendment note below.
Pub. L. 97–248, § 309(a)section 1232(a)(3) of this title1982—Subsec. (a). , redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively, in par. (2) as so redesignated inserted “(as so defined)” after “payments of interest”, substituted par. (3) for former par. (1)(C) which described corporations with evidence of outstanding indebtedness in registered form for which during any calendar year there was at least $10 of original issue discount includible in the gross income of a holder under without regard to subpar. (B) thereof, substituted “of such payments, tax deducted and withheld, and the name and address of the person to whom paid or from whom withheld” for “of such payments and such aggregate amount includible in the gross income of any holder and the name and address of the person to whom paid or such holder” in provisions following par. (3), formerly following par. (1)(C), and struck out former par. (2), which directed persons making aggregate interest payments of less than $10 to another person during any calendar year to report such payments and the recipients when required by the Secretary, and former par. (3), which required all corporations making payments of any amount of interest other than as defined in subsec. (b) to report such payments and the recipients when required by the Secretary.
Pub. L. 97–248, § 309(a)Subsec. (b). , substituted “subsection (a)” for “subsections (a)(1) and (2)” in provisions preceding subpar. (A), in subpar. (A) substituted “any obligation (i) issued in registered form, or (ii) of a type offered to the public, other than any obligation with a maturity (at issue) of not more than 1 year which is held by a corporation” for “evidences of indebtedness (including bonds, debentures, notes, and certificates) issued by a corporation in registered form, and, to the extent provided in regulations prescribed by the Secretary, interest on other evidences of indebtedness issued by a corporation of a type offered by corporations to the public” in subpar. (C) inserted “industrial loan association or bank” to list of payors of interest, in subpar. (E) substituted “brokers (as defined in section 6045(c))” for “stockbrokers and dealers in securities”, added subpars. (F) and (G), in par. (2) substituted “subsection (a)” for “subsections (a)(1) and (2)” in provisions preceding subpar. (A), added subpar. (A), redesignated former subpar. (A) as (B), in subpar. (B) as so redesignated inserted reference to exemption under any provision of law, added subpar. (C), redesignated former subpar. (B) as (D), in subpar. (D) as so redesignated substituted provisions that the subpar. operates except to the extent otherwise provided in regulations or in subpar. (C) for provisions that the subpar. operates to the extent provided in regulations, added cls. (i) and (ii), designated existing provisions as cls. (iii) to (v), in cl. (iii) as so designated inserted specification of not being engaged in trade or business in the United States, in cl. (iv) as so designated inserted specification of exemption under subchapter A of chapter 3, redesignated former subpar. (C) as (E), and added par. (3).
Pub. L. 97–248, § 309(a)Subsec. (c). , substituted “subsection (a)” for “subsection (a)(1)” wherever appearing, designated provision before former par. (1) as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, added subpar. (C), designated first sentence after former par. (2) as par. (2), designated second sentence after former par. (2) as par. (3), in par. (3) as so designated inserted “with respect to payments of interest to any person” after “No statement”, struck out “, or the aggregate amount includible in the gross income of,” after “payments to”, and substituted “paragraph (1) or (2)” for “subparagraph (A), (B), or (C)” after “with respect to”.
Pub. L. 97–248, § 309(a)Subsec. (d). , added subsec. (d).
Pub. L. 97–248Pub. L. 98–67, title I97 Stat. 369Pub. L. 97–248Subsec. (e). , §§ 303(b), 308(a), provided that, applicable to payments of interest, dividends, and patronage dividends paid or credited after , a new subsec. (e) is added. Section 102(a), (b) of , , , repealed subtitle A (§§ 301–308) of title III of as of the close of , and provided that the Internal Revenue Code of 1954 [now 1986] [this title] shall be applied and administered (subject to certain exceptions) as if such subtitle A (and the amendments made by such subtitle A) had not been enacted.
Pub. L. 94–455, § 1906(b)(13)(A)1976—Subsec. (a). , struck out “or his delegate” after “Secretary” wherever appearing.
Pub. L. 94–455Subsec. (b)(1), (2)(A), (B). , §§ 1901(b)(6)(A), 1906(b)(13)(A), substituted “section 103(a)” for “section 103(a)(1) or (3)”, and struck out “or his delegate” after “Secretary” wherever appearing.
Pub. L. 91–172, § 413(c)1969—Subsec. (a)(1)(C). , added subpar. (C).
Pub. L. 91–172, § 413(d)Subsec. (c). , further qualified requirement to furnish statement by reference to aggregate amount includible in gross income.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of Title 7Amendment of this section and repeal of by effective , the date of enactment of , except as otherwise provided, see , set out as an Effective Date note under , Agriculture.
Pub. L. 110–234, title XV, § 15316(d)122 Stat. 1512Pub. L. 110–246, § 4(a)122 Stat. 1664
Effective Date of 2006 Amendment
Pub. L. 109–222, title V, § 502(c)120 Stat. 354
Effective Date of 2005 Amendment
Pub. L. 109–135, title I, § 101(c)119 Stat. 2593
In general .—
Carrybacks .—
Pub. L. 109–58, title XIII, § 1303(e)119 Stat. 997Pub. L. 109–135, title IV, § 402(c)(2)119 Stat. 2610
In general .—
Subsection (c) .—
Effective Date of 1996 Amendment
Pub. L. 104–168section 1201(b) of Pub. L. 104–168section 6041 of this titleAmendment by applicable to statements required to be furnished after (determined without regard to any extension), see , set out as a note under .
Effective Date of 1988 Amendment
Pub. L. 100–647Pub. L. 99–514section 1019(a) of Pub. L. 100–647section 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
section 674 of Pub. L. 99–514section 675(a) of Pub. L. 99–514section 860A of this titleAmendment by effective , see , as amended, set out as an Effective Date note under .
section 1214(c)(4) of Pub. L. 99–514section 1214(d) of Pub. L. 99–514section 861 of this titleAmendment by applicable to payments made in taxable year of payor beginning after , except as otherwise provided, see , as amended, set out as a note under .
section 1501(c)(5) of Pub. L. 99–514section 1501(e) of Pub. L. 99–514section 6721 of this titleAmendment by applicable to returns the due date for which (determined without regard to extensions) is after , see , set out as an Effective Date note under .
section 1803(a)(14)(C) of Pub. L. 99–514Pub. L. 98–369, div. Asection 1881 of Pub. L. 99–514section 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
section 42(a)(14) of Pub. L. 98–369section 44 of Pub. L. 98–369section 1271 of this titleAmendment by applicable to taxable years ending after , see , set out as an Effective Date note under .
section 474(r)(29)(J) of Pub. L. 98–369section 475(b) of Pub. L. 98–369section 33 of this titleAmendment by not applicable with respect to obligations issued before , see , set out as a note under .
Effective Date of 1983 Amendment
Pub. L. 98–67section 110(b) of Pub. L. 98–67section 31 of this titleAmendment by section 102(a), (e) of effective as of close of , see , set out as a note under .
section 108(a) of Pub. L. 98–67section 110(a) of Pub. L. 98–67section 31 of this titleAmendment by applicable with respect to payments made after , see , set out as a note under .
Effective Date of 1982 Amendment
Pub. L. 97–248, title III, § 309(c)96 Stat. 595
Effective Date of 1969 Amendment
Pub. L. 91–172, title IV, § 413(e)83 Stat. 612
Effective Date
section 6044(b) of this titlesection 19(h) of Pub. L. 87–834section 6042 of this titleSection applicable to payments of dividends and interest made on or after , and to payments of amounts described in made on or after , with respect to patronage occurring on or after the first day of the first taxable year of the cooperative beginning on or after , see , set out as an Effective Date of 1962 Amendment note under .
Savings Provision
Pub. L. 115–141section 401(d)(6)(C) of Pub. L. 115–141section 1400L of this titleFor provisions that amendment made by not apply, in the case of certain repeals, to various types of wages, bonds, property, or other items before specific dates, see , set out as a note under former .
Pub. L. 115–141section 401(e) of Pub. L. 115–141section 23 of this titleFor provisions that nothing in amendment by be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to , for purposes of determining liability for tax for periods ending after , see , set out as a note under .
Pub. L. 99–514Applicability of Certain Amendments by in Relation to Treaty Obligations of United States
section 1214(c)(4) of Pub. L. 99–514Pub. L. 100–647Pub. L. 99–514Pub. L. 100–647section 861 of this titleFor nonapplication of amendment by to the extent application of such amendment would be contrary to any treaty obligation of the United States in effect on , with provision that for such purposes any amendment by title I of be treated as if it had been included in the provision of to which such amendment relates, see section 1012(aa)(3), (4) of , set out as a note under .
Plan Amendments Not Required Until January 1, 1989
Pub. L. 99–514section 1140 of Pub. L. 99–514section 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 .