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ARTICLE · 29 JANUARY 2013

IRS Issues Final And Temporary Regulations For OID And Bond Premiums

The IRS has issued final and temporary regulations under sections 171 and 1275 (T.D. 9609) related to original issue discount on bond premium carryforwards and certain debt instruments known as Treasury inflation-protect securities.

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The IRS has issued final and temporary regulations under sections 171 and 1275 (T.D. 9609) related to original issue discount (OID) on bond premium carryforwards and certain debt instruments known as Treasury inflation-protect securities (TIPS).

TIPS – Treasury issues TIPS, which are debt instruments that provide for the principal to be adjusted for inflation or deflation related to the U.S. dollar. Generally, a positive "inflation adjustment" to the principal amount of TIPS gives rise to OID, and a negative "deflation adjustment" reduces interest that is includible related to a TIPS.

TIPS generally bear a fixed rate of interest that is payable based on a principal amount that is indexed to the consumer price index. Treas. Reg. Sec. 1.1275-7 provides that one of two methods will apply to a debt instrument, which constitutes an inflation-indexed debt instrument: (i) the coupon method under Treas. Reg. Sec. 1.1275-7(d) or (ii) the discount method under Treas. Reg.

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