Section 1274: Determination of issue price in the case of certain debt instruments issued for property
Internal Revenue Code
Table of Contents
This Code Section:
§1274. Determination of issue price in the case of certain debt instruments issued for property
(a) In general
In the case of any debt instrument to which this section applies, for purposes of this subpart, the issue price shall be—
(1) In general
Except as provided in paragraph (3), the imputed principal amount of any debt instrument shall be equal to the sum of the present values of all payments due under such debt instrument.
(2) Determination of present value
For purposes of paragraph (1), the present value of a payment shall be determined in the manner provided by regulations prescribed by the Secretary—
(A) In general
In the case of any potentially abusive situation, the imputed principal amount of any debt instrument received in exchange for property shall be the fair market value of such property adjusted to take into account other consideration involved in the transaction.
(B) Potentially abusive situation defined
For purposes of subparagraph (A), the term "potentially abusive situation" means—
(IV) other circumstances,
is of a type which the Secretary specifies by regulations as having potential for tax avoidance.
(1) In general
Except as otherwise provided in this subsection, this section shall apply to any debt instrument given in consideration for the sale or exchange of property if—
(ii) in any other case, the imputed principal amount of such debt instrument determined under subsection (b), and
(B) some or all of the payments due under such debt instrument are due more than 6 months after the date of such sale or exchange.
(2) Adequate stated interest
For purposes of this section, there is adequate stated interest with respect to any debt instrument if the stated principal amount for such debt instrument is less than or equal to the imputed principal amount of such debt instrument determined under subsection (b).
(i) In general
Any debt instrument arising from the sale or exchange of a farm (within the meaning of section 6420(c)(2))—
(II) by a corporation which as of the date of the sale or exchange is a small business corporation (as defined in section 1244(c)(3)), or
(III) by a partnership which as of the date of the sale or exchange meets requirements similar to those of section 1244(c)(3).
(ii) $1,000,000 limitation
Clause (i) shall apply only if it can be determined at the time of the sale or exchange that the sales price cannot exceed $1,000,000. For purposes of the preceding sentence, all sales and exchanges which are part of the same transaction (or a series of related transactions) shall be treated as 1 sale or exchange.
(B) Sales of principal residences
Any debt instrument arising from the sale or exchange by an individual of his principal residence (within the meaning of section 121).
(i) In general
Any debt instrument arising from the sale or exchange of property if the sum of the following amounts does not exceed $250,000:
(I) the aggregate amount of the payments due under such debt instrument and all other debt instruments received as consideration for the sale or exchange, and
(ii) Consideration other than debt instrument taken into account at fair market value
For purposes of clause (i), any consideration (other than a debt instrument) shall be taken into account at its fair market value.
(iii) Aggregation of transactions
For purposes of this subparagraph, all sales and exchanges which are part of the same transaction (or a series of related transactions) shall be treated as 1 sale or exchange.
(D) Debt instruments which are publicly traded or issued for publicly traded property
Any debt instrument to which section 1273(b)(3) applies.
(E) Certain sales of patents
In the case of any transfer described in section 1235(a) (relating to sale or exchange of patents), any amount contingent on the productivity, use, or disposition of the property transferred.
(F) Sales or exchanges to which section 483(e) applies
Any debt instrument to the extent section 483(e) (relating to certain land transfers between related persons) applies to such instrument.
(B) acquires any property subject to any debt instrument,
in determining whether this section or section 483 applies to such debt instrument, such assumption (or such acquisition) shall not be taken into account unless the terms and conditions of such debt instrument are modified (or the nature of the transaction is changed) in connection with the assumption (or acquisition).
(A) In general
| In the case of a
with a term of:
|The applicable Federal
|Not over 3 years||The Federal short-term rate.|
|Over 3 years but not over 9 years||The Federal mid-term rate.|
|Over 9 years||The Federal long-term rate.|
(B) Determination of rates
During each calendar month, the Secretary shall determine the Federal short-term rate, mid-term rate, and long-term rate which shall apply during the following calendar month.
(i) Federal short-term rate
The Federal short-term rate shall be the rate determined by the Secretary based on the average market yield (during any 1-month period selected by the Secretary and ending in the calendar month in which the determination is made) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 years or less.
(ii) Federal mid-term and long-term rates
The Federal mid-term and long-term rate shall be determined in accordance with the principles of clause (i).
(D) Lower rate permitted in certain cases
The Secretary may by regulations permit a rate to be used with respect to any debt instrument which is lower than the applicable Federal rate if the taxpayer establishes to the satisfaction of the Secretary that such lower rate is based on the same principles as the applicable Federal rate and is appropriate for the term of such instrument.
(A) In general
In the case of any sale or exchange, the applicable Federal rate shall be the lowest 3-month rate.
(B) Lowest 3-month rate
For purposes of subparagraph (A), the term "lowest 3-month rate" means the lowest of the applicable Federal rates in effect for any month in the 3-calendar-month period ending with the 1st calendar month in which there is a binding contract in writing for such sale or exchange.
(3) Term of debt instrument
In determining the term of a debt instrument for purposes of this subsection, under regulations prescribed by the Secretary, there shall be taken into account options to renew or extend.
(1) In general
In the case of any debt instrument to which this subsection applies, the discount rate used under subsection (b)(2)(B) or section 483(b) shall be 110 percent of the applicable Federal rate, compounded semiannually.
(2) Lower discount rates shall not apply
Section 1274A shall not apply to any debt instrument to which this subsection applies.
(3) Debt instruments to which this subsection applies
This subsection shall apply to any debt instrument given in consideration for the sale or exchange of any property if, pursuant to a plan, the transferor or any related person leases a portion of such property after such sale or exchange.
Subsec. (d)(1)(B) to (D).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Effective Date of 1989 Amendment
Effective Date of 1986 Amendment
Effective Date of 1985 Amendment
Section applicable to taxable years ending after July 18, 1984, and applicable to sales or exchanges after Dec. 31, 1984, but not applicable to any sale or exchange pursuant to a written contract which was binding on Mar. 1, 1984, and at all times thereafter before the sale or exchange, see section 44 of
Plan Amendments Not Required Until January 1, 1989
For 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
Transitional Rule for Purposes of Imputed Interest Rules
Provisions respecting treatment of debt instruments received in exchange for property, relating to special rules for sales after Dec. 31, 1984, and before July 1, 1985, general rule for assumptions of loans, exception for assumptions of loans made on or before Oct. 15, 1984, and exception for assumptions of loans with respect to certain property, see section 44(b)(4)–(7) of