§ 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—
(b)
Imputed principal amount
For purposes of this section—
(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—
(3)
Fair market value rule in potentially abusive situations
(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.
(c)
Debt instruments to which section applies
(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—
(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).
(3)
Exceptions
This section shall not apply to—
(A)
Sales for $1,000,000 or less of farms by individuals or small businesses
(i)
In general
Any debt instrument arising from the sale or exchange of a farm (within the meaning of section
6420
(c)(2))—
(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).
(C)
Sales involving total payments of $250,000 or less
(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:
(4)
Exception for assumptions
If any person—
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).
(d)
Determination of applicable Federal rate
For purposes of this section—
(1)
Applicable Federal rate
(A)
In general
In the case of adebt instrumentwith a term of: | The applicable Federalrate is: |
---|---|
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.
(C)
Federal rate for any calendar month
For purposes of this paragraph—
(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.
(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.
(2)
Lowest 3-month rate applicable to any sale or exchange
(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.
(e)
110 Percent rate where sale-leaseback involved
(2)
Lower discount rates shall not apply
Section
1274A shall not apply to any debt instrument to which this subsection applies.
[1] See References in Text note below.