26 USC 1272 - Current inclusion in income of original issue discount

U.S Code last checked for updates: Nov 26, 2024

§ 1272.

Current inclusion in income of original issue discount

(a)

Original issue discount included in income on basis of constant interest rate

(1)

General rule

(2)

Exceptions

Paragraph (1) shall not apply to—

(A)

Tax-exempt obligations

(B)

United States savings bonds

(C)

Short-term obligations

(D)

Loans between natural persons

(i)

In general

Any loan made by a natural person to another natural person if—

(I)

such loan is not made in the course of a trade or business of the lender, and

(II)

the amount of such loan (when increased by the outstanding amount of prior loans by such natural person to such other natural person) does not exceed $10,000.

(ii)

Clause (i) not to apply where tax avoidance a principal purpose

(iii)

Treatment of husband and wife

(3)

Determination of daily portions

(A)

the product of—

(i)

the adjusted issue price of the debt instrument at the beginning of such accrual period, and

(ii)

the yield to maturity (determined on the basis of compounding at the close of each accrual period and properly adjusted for the length of the accrual period), over

(B)

the sum of the amounts payable as interest on such debt instrument during such accrual period.

(4)

Adjusted issue price

For purposes of this subsection, the adjusted issue price of any debt instrument at the beginning of any accrual period is the sum of—

(A)

the issue price of such debt instrument, plus

(B)

the adjustments under this subsection to such issue price for all periods before the first day of such accrual period.

(5)

Accrual period

(6)

Determination of daily portions where principal subject to acceleration

(A)

In general

In the case of any debt instrument to which this paragraph applies, the daily portion of the original issue discount shall be determined by allocating to each day in any accrual period its ratable portion of the excess (if any) of—

(i)

the sum of (I) the present value determined under subparagraph (B) of all remaining payments under the debt instrument as of the close of such period, and (II) the payments during the accrual period of amounts included in the stated redemption price of the debt instrument, over

(ii)

the adjusted issue price of such debt instrument at the beginning of such period.

(B)

Determination of present value

For purposes of subparagraph (A), the present value shall be determined on the basis of—

(i)

the original yield to maturity (determined on the basis of compounding at the close of each accrual period and properly adjusted for the length of the accrual period),

(ii)

events which have occurred before the close of the accrual period, and

(iii)

a prepayment assumption determined in the manner prescribed by regulations.

(C)

Debt instruments to which paragraph applies

This paragraph applies to—

(i)

any regular interest in a REMIC or qualified mortgage held by a REMIC,

(ii)

any other debt instrument if payments under such debt instrument may be accelerated by reason of prepayments of other obligations securing such debt instrument (or, to the extent provided in regulations, by reason of other events), or

(iii)

any pool of debt instruments the yield on which may be affected by reason of prepayments (or to the extent provided in regulations, by reason of other events).

To the extent provided in regulations prescribed by the Secretary, in the case of a small business engaged in the trade or business of selling tangible personal property at retail, clause (iii) shall not apply to debt instruments incurred in the ordinary course of such trade or business while held by such business.

(7)

Reduction where subsequent holder pays acquisition premium

(A)

Reduction

(B)

Determination of fraction

For purposes of subparagraph (A), the fraction determined under this subparagraph is a fraction—

(i)

the numerator of which is the excess (if any) of—

(I)

the cost of such debt instrument incurred by the purchaser, over

(II)

the issue price of such debt instrument, increased by the portion of original issue discount previously includible in the gross income of any holder (computed without regard to this paragraph), and

(ii)

the denominator of which is the sum of the daily portions for such debt instrument for all days after the date of such purchase and ending on the stated maturity date (computed without regard to this paragraph).

(b)

Exceptions

This section shall not apply to any holder—

(1)

who has purchased the debt instrument at a premium, or

(2)

which is a life insurance company to which section 811(b) applies.

(c)

Definition and special rule

(1)

Purchase defined

For purposes of this section, the term “purchase” means—

(A)

any acquisition of a debt instrument, where

(B)

the basis of the debt instrument is not determined in whole or in part by reference to the adjusted basis of such debt instrument in the hands of the person from whom acquired.

(2)

Basis adjustment

(Added Pub. L. 98–369, div. A, title I, § 41(a), July 18, 1984, 98 Stat. 533; amended Pub. L. 99–514, title VI, § 672, Oct. 22, 1986, 100 Stat. 2318; Pub. L. 105–34, title X, § 1004(a), Aug. 5, 1997, 111 Stat. 911; Pub. L. 115–141, div. U, title IV, § 401(c)(1)(B), (F), (3)(A), Mar. 23, 2018, 132 Stat. 1205, 1206.)

cite as: 26 USC 1272