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26 U.S.C. § 4701Tax on issuer of registration-required obligation not in registered form

submitted 44 years ago by Pub. L. 97-248 to r/title-26-INTERNAL-REVENUE-CODE · 248 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section imposes a tax on a person who issues a registration-required obligation that is not in registered form. The tax is based on the obligation’s principal amount and the number of calendar years, or parts of years, until maturity.

(a) Imposition of tax In the case of any person who issues a registration-required obligation which is not in registered form, there is imposed on such person on the issuance of such obligation a tax in an amount equal to the product of— (1) 1 percent of the principal amount of such obligation, multiplied by (2) the number of calendar years (or portions of it) during the period beginning on the date of issuance of such obligation and ending on the date of maturity. (b) Definitions For purposes of this section— (1) Registration-required obligation (A) In general The term “registration-required obligation” has the same meaning as when used in section 163(f), except that such term must not include any obligation which— (i) is required to be registered under section 149(a), or (ii) is described in subparagraph (B). (B) Certain obligations not included An obligation is described in this subparagraph if— (i) there are arrangements reasonably designed to ensure that such obligation will be sold (or resold in connection with the original issue) only to a person who is not a United States person, (ii) interest on such obligation is payable only outside the United States and its possessions, and (iii) on the face of such obligation there is a statement that any United States person who holds such obligation will be subject to limitations under the United States income tax laws. (2) Registered form The term “registered form” has the same meaning as when used in section 163(f).
the actual law source: uscode.house.gov ↗public domain
(a) Imposition of tax

In the case of any person who issues a registration-required obligation which is not in registered form, there is hereby imposed on such person on the issuance of such obligation a tax in an amount equal to the product of—

(1)

1 percent of the principal amount of such obligation, multiplied by

(2)

the number of calendar years (or portions thereof) during the period beginning on the date of issuance of such obligation and ending on the date of maturity.

(b) Definitions

For purposes of this section—

(1) Registration-required obligation
(A) In general

The term “registration-required obligation” has the same meaning as when used in section 163(f), except that such term shall not include any obligation which—

(i)

is required to be registered under section 149(a), or

(ii)

is described in subparagraph (B).

(B) Certain obligations not included

An obligation is described in this subparagraph if—

(i)

there are arrangements reasonably designed to ensure that such obligation will be sold (or resold in connection with the original issue) only to a person who is not a United States person,

(ii)

interest on such obligation is payable only outside the United States and its possessions, and

(iii)

on the face of such obligation there is a statement that any United States person who holds such obligation will be subject to limitations under the United States income tax laws.

(2) Registered form

The term “registered form” has the same meaning as when used in section 163(f).

Source credit: (Added Pub. L. 97–248, title III, § 310(b)(4)(A), Sept. 3, 1982, 96 Stat. 598; amended Pub. L. 99–514, title XIII, § 1301(j)(5), Oct. 22, 1986, 100 Stat. 2657; Pub. L. 111–147, title V, § 502(e), Mar. 18, 2010, 124 Stat. 108.)

history & why it existsrecord from the source credit
  • 1982Enacted · Pub. L. 97-248 · 96 Stat. 598
  • 1986Amended · Pub. L. 99-514 · 100 Stat. 2657
  • 2010Amended · Pub. L. 111-147 · 124 Stat. 108

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-248 on 1982-09-03.

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