[Federal Register Volume 62, Number 3 (Monday, January 6, 1997)]
[Rules and Regulations]
[Pages 615-621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33398]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8709]
RIN 1545-AU44


Inflation-Indexed Debt Instruments

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Temporary and final regulations.

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SUMMARY: This document contains temporary regulations relating to the 
federal income tax treatment of inflation-indexed debt instruments, 
including Treasury Inflation-Indexed Securities. The text of the 
temporary regulations also serves as the text of the proposed 
regulations set forth in the notice of proposed rulemaking on this 
subject in the Proposed Rules section of this issue of the Federal 
Register. This document also contains amendments to final regulations 
to reflect the addition of the temporary regulations. The regulations 
in this document provide needed guidance to holders and issuers of 
inflation-indexed debt instruments.

EFFECTIVE DATE: The regulations are effective January 6, 1997.

FOR FURTHER INFORMATION CONTACT: Jeffrey W. Maddrey, (202) 622-3940, or 
William E. Blanchard, (202) 622-3950 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

Background

    The Department of the Treasury published final rules describing the 
terms and conditions of new debt instruments that it plans to issue. 
The payments on these debt instruments (Treasury Inflation-Indexed 
Securities) will be indexed for inflation and deflation.
    On June 14, 1996, the IRS published final regulations in the 
Federal Register relating to certain debt instruments that provide for 
contingent payments (61 FR 30133). The preamble to the final 
regulations indicates that the noncontingent bond method described in 
Sec. 1.1275-4(b) might be inappropriate for the Treasury Inflation-
Indexed Securities. On October 15, 1996, the IRS published Notice 96-51 
(1996-42 I.R.B. 6), which announced the IRS's intention to issue 
temporary and proposed regulations that would provide guidance on the 
federal income tax treatment of the Treasury Inflation-Indexed 
Securities and other debt instruments with similar terms. This document 
contains the temporary regulations described in Notice 96-51.

Explanation of Provisions

A. In General

    The temporary regulations provide rules for the treatment of 
certain debt instruments that are indexed for inflation and deflation, 
including Treasury Inflation-Indexed Securities. The temporary 
regulations generally require holders and issuers of inflation-indexed 
debt instruments to account for interest and original issue discount 
(OID) using constant yield principles. In addition, the temporary 
regulations generally require holders and issuers of inflation-indexed 
debt instruments to account for inflation and deflation by making 
current adjustments to their OID accruals.

B. Applicability

    The temporary regulations apply to inflation-indexed debt 
instruments. In general, an inflation-indexed debt instrument is a debt 
instrument that (1) Is issued for cash, (2) is indexed for inflation 
and deflation (as described

[[Page 616]]

below), and (3) is not otherwise a contingent payment debt instrument. 
The temporary regulations do not apply, however, to certain debt 
instruments, such as debt instruments issued by qualified state tuition 
programs.

C. Indexing Methodology

    A debt instrument is considered indexed for inflation and deflation 
if the payments on the instrument are indexed by reference to the 
change in value of a general price or wage index over the term of the 
instrument. Specifically, the amount of each payment on an inflation-
indexed debt instrument must equal the product of (1) The amount of the 
payment that would be payable on the instrument (determined as if there 
were no inflation or deflation over the term of the instrument) and (2) 
the ratio of the value of the reference index for the payment date to 
the value of the reference index for the issue date.
    The reference index for a debt instrument is the mechanism for 
measuring inflation and deflation over the term of the instrument. This 
mechanism associates the value of a single qualified inflation index 
for a particular month with a specified day of a succeeding month. For 
example, under the terms of the Treasury Inflation-Indexed Securities, 
the reference index for the first day of a month is the value of a 
qualified inflation index for the third preceding month. The reference 
index must be reset once a month to the current value of a qualified 
inflation index. Between reset dates, the value of the reference index 
is determined through straight-line interpolation.
    A qualified inflation index is a general price or wage index that 
is updated and published at least monthly by an agency of the United 
States Government. A general price or wage index is an index that 
measures price or wage changes in the economy as a whole. An index is 
not general if it only measures price or wage changes in a particular 
segment of the economy. For example, the non-seasonally adjusted U.S. 
City Average All Items Consumer Price Index for All Urban Consumers 
(CPI-U), which is published by the Bureau of Labor Statistics of the 
Department of Labor, is a qualified inflation index because it measures 
general price changes in the economy. By contrast, the gasoline price 
component of the CPI-U is not a qualified inflation index because it 
only measures price changes in a particular segment of the economy.

D. Coupon Bond Method

    The temporary regulations provide a simplified method of accounting 
for qualified stated interest and inflation adjustments on certain 
inflation-indexed debt instruments (the coupon bond method). To qualify 
for the coupon bond method, an inflation-indexed debt instrument must 
satisfy two conditions. First, there must be no more than a de minimis 
difference between the debt instrument's issue price and its principal 
amount for the issue date. Second, all stated interest on the debt 
instrument must be qualified stated interest. Because Treasury 
Inflation-Indexed Securities that are not stripped into principal and 
interest components satisfy both of these conditions, the coupon bond 
method applies to these securities.
    If an inflation-indexed debt instrument qualifies for the coupon 
bond method, the stated interest payable on the debt instrument is 
taken into account under the taxpayer's regular method of accounting. 
Any increase in the inflation-adjusted principal amount is treated as 
OID for the period in which the increase occurs. Any decrease in the 
inflation-adjusted principal amount is taken into account under the 
rules for deflation adjustments described below.
    For example, if a taxpayer holds a Treasury Inflation-Indexed 
Security for an entire calendar year and the taxpayer uses the cash 
receipts and disbursements method of accounting (cash method), the 
taxpayer generally includes in income the interest payments received on 
the security during the year. In addition, the taxpayer includes in 
income an amount of OID measured by subtracting the inflation-adjusted 
principal amount of the security at the beginning of the year from the 
inflation-adjusted principal amount of the security at the end of the 
year. If the taxpayer uses an accrual method of accounting rather than 
the cash method, the taxpayer includes in income the qualified stated 
interest that accrued on the debt instrument during the year and an 
amount of OID measured by subtracting the inflation-adjusted principal 
amount of the security at the beginning of the year from the inflation-
adjusted principal amount of the security at the end of the year.

E. Discount Bond Method

    If an inflation-indexed debt instrument does not qualify for the 
coupon bond method (for example, because it is issued at a discount), 
the instrument is subject to the discount bond method. In general, the 
discount bond method requires holders and issuers to make current 
adjustments to their OID accruals to account for inflation and 
deflation.
    Under the discount bond method, a taxpayer determines the amount of 
OID allocable to an accrual period by using steps similar to those 
provided in Sec. 1.1272-1(b)(1). First, the taxpayer determines the 
yield to maturity of the debt instrument as if there were no inflation 
or deflation over the term of the instrument. Second, the taxpayer 
determines the length of the accrual periods to be used to allocate OID 
over the term of the debt instrument, provided no accrual period is 
longer than one month. Third, the taxpayer determines the percentage 
change in the value of the reference index during the accrual period by 
comparing the value at the beginning of the period to the value at the 
end of the period. Fourth, the taxpayer determines the OID allocable to 
the accrual period by using a formula that takes into account both the 
yield of the debt instrument and the percentage change in the value of 
the reference index during the period. Fifth, the taxpayer allocates to 
each day in the accrual period a ratable portion of the OID for the 
accrual period (the daily portions). If the daily portions for an 
accrual period are positive amounts, these amounts are taken into 
account under section 163(e) by an issuer and under section 1272 by a 
holder. If the daily portions for an accrual period are negative 
amounts, these amounts are taken into account under the rules for 
deflation adjustments described below.
    Under Notice 96-51, the discount bond method would have allowed 
qualified stated interest. The temporary regulations, however, provide 
that no interest payments on an inflation-indexed debt instrument 
subject to the discount bond method are qualified stated interest. The 
Treasury and the IRS believe that this change simplifies the taxation 
of an inflation-indexed debt instrument subject to the discount bond 
method.

F. Deflation Adjustments

    The temporary regulations treat deflation adjustments in a manner 
consistent with the treatment of net negative adjustments on contingent 
payment debt instruments under Sec. 1.1275-4(b)(6)(iii). If a holder 
has a deflation adjustment for a taxable year, the deflation adjustment 
first reduces the amount of interest otherwise includible in income 
with respect to the debt instrument for the taxable year. If the amount 
of the deflation adjustment exceeds the interest otherwise includible 
in income for the taxable

[[Page 617]]

year, the holder treats the excess as an ordinary loss in the taxable 
year. However, the amount treated as an ordinary loss is limited to the 
amount by which the holder's total interest inclusions on the debt 
instrument in prior taxable years exceed the total amount treated by 
the holder as an ordinary loss on the debt instrument in prior taxable 
years. If the deflation adjustment exceeds the interest otherwise 
includible in income by the holder with respect to the debt instrument 
for the taxable year and the amount treated as an ordinary loss for the 
taxable year, the excess is carried forward to offset interest income 
on the debt instrument in subsequent taxable years. Similar rules apply 
to determine an issuer's interest deductions and income for the debt 
instrument.

G. Minimum Guarantee

    Certain inflation-indexed debt instruments may provide for an 
additional payment at maturity (a minimum guarantee payment) if the 
total amount of inflation-adjusted principal paid on the debt 
instrument is less than the instrument's stated principal amount. Under 
both the coupon bond method and the discount bond method, a minimum 
guarantee payment is ignored until the payment is made. If a minimum 
guarantee payment is made, the payment is treated as interest on the 
date it is paid.
    In general, the temporary regulations only allow a debt instrument 
that is indexed by reference to the CPI-U to provide for a minimum 
guarantee payment. The Treasury and the IRS believe that there is only 
a small possibility that the total amount of principal paid on a debt 
instrument indexed to the CPI-U will be less than the instrument's 
stated principal amount. In this case, it is appropriate to ignore the 
minimum guarantee payment until it is paid.

H. Principal Amount for the Issue Date

    For purposes of the temporary regulations, if an inflation-indexed 
debt instrument is issued with pre-issuance accrued interest, the 
principal amount of the instrument for the issue date includes an 
adjustment for inflation or deflation. This adjustment is measured by 
the change in the value of the reference index between the date on 
which interest starts to accrue (the dated date in the case of a 
Treasury Inflation-Indexed Security) and the issue date. The stated 
principal amount of a debt instrument under the regulations, however, 
is not adjusted for inflation or deflation between the date on which 
interest starts to accrue and the issue date. Therefore, the stated 
principal amount of the debt instrument is the same regardless of 
whether interest accrues on the instrument from the issue date or from 
an earlier date. The stated principal amount of a Treasury Inflation-
Indexed Security is the par amount of the security, as defined in the 
final rules published by the Treasury Department describing the terms 
and conditions of Treasury Inflation-Indexed Securities.
    When there is a difference between the stated principal amount of 
an inflation-indexed debt instrument and its principal amount for the 
issue date, the instrument's principal amount for the issue date 
generally is used for purposes of applying the rules in the temporary 
regulations to the instrument. For example, the debt instrument's 
principal amount for the issue date is used to determine whether the 
instrument qualifies for the coupon bond method. The temporary 
regulations require the use of a debt instrument's stated principal 
amount rather than its principal amount for the issue date to measure 
the amount of a minimum guarantee payment.

I. Strips

    Treasury Inflation-Indexed Securities are eligible for the 
Department of the Treasury's Separate Trading of Registered Interest 
and Principal of Securities (STRIPS) program. Under this program, the 
interest and principal components of a Treasury Inflation-Indexed 
Security may be transferred as separate instruments (stripped bonds and 
coupons). In general, section 1286 treats the holder of a stripped bond 
(or coupon) as if the holder purchased a newly issued debt instrument 
that has OID. The temporary regulations provide that the holder of a 
component of a Treasury Inflation-Indexed Security that is stripped 
under the Treasury STRIPS program must use the discount bond method to 
account for the OID on the component.

J. Information Reporting

    The temporary regulations do not provide any new information 
reporting rules for inflation-indexed debt instruments. The OID and any 
qualified stated interest on an inflation-indexed debt instrument 
should be reported on Form 1099-OID. The IRS plans to issue guidance 
for the reporting of OID on Treasury Inflation-Indexed Securities that 
are stripped under the STRIPS program.

K. Effective Date

    The temporary regulations apply to an inflation-indexed debt 
instrument issued on or after January 6, 1997.

Special Analyses

    It has been determined that this Treasury decision is not a 
significant regulatory action as defined in EO 12866. Therefore, a 
regulatory assessment is not required. It also has been determined that 
section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) 
does not apply to these regulations and, because the regulations do not 
impose a collection of information on small entities, the Regulatory 
Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to 
section 7805(f) of the Internal Revenue Code, these temporary 
regulations will be submitted to the Chief Counsel for Advocacy of the 
Small Business Administration for comment on their impact on small 
business.

Drafting Information

    The principal author of the regulations is Jeffrey W. Maddrey, 
Office of Assistant Chief Counsel (Financial Institutions and 
Products). However, other personnel from the IRS and Treasury 
Department participated in their development.

List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

Adoption of Amendments to the Regulations

    Accordingly, 26 CFR part 1 is amended as follows:

PART 1--INCOME TAXES

    Paragraph 1. The authority citation for part 1 is amended by adding 
two entries in numerical order to read as follows:

    Authority: 26 U.S.C. 7805 * * *
    Section 1.1275-7T also issued under 26 U.S.C. 1275(d). * * *
    Section 1.1286-2T also issued under 26 U.S.C. 1286(f). * * *

    Par. 2. Section 1.1271-0 is amended by--
    1. Revising the second sentence of paragraph (a);
    2. Revising the introductory text of paragraph (b); and
    3. Adding entries for Sec. 1.1275-7T in paragraph (b).
    The revisions and additions read as follows:


Sec. 1.1271-0   Original issue discount; effective date; table of 
contents.

    (a) * * * Taxpayers, however, may rely on these sections (as 
contained in

[[Page 618]]

26 CFR part 1 revised April 1, 1996) for debt instruments issued after 
December 21, 1992, and before April 4, 1994.
    (b) Table of contents. This section lists captioned paragraphs 
contained in Secs. 1.1271-1 through 1.1275-7T.
* * * * *

Sec. 1.1275-7T  Inflation-indexed debt instruments (temporary).

(a) Overview.
(b) Applicability.
    (1) In general.
    (2) Exceptions.
(c) Definitions.
    (1) Inflation-indexed debt instrument.
    (2) Reference index.
    (3) Qualified inflation index.
    (4) Inflation-adjusted principal amount.
    (5) Minimum guarantee payment.
(d) Coupon bond method.
    (1) In general.
    (2) Applicability.
    (3) Qualified stated interest.
    (4) Inflation adjustments.
    (5) Example.
(e) Discount bond method.
    (1) In general.
    (2) No qualified stated interest.
    (3) OID.
    (4) Example.
(f) Special rules.
    (1) Deflation adjustments.
    (2) Adjusted basis.
    (3) Subsequent holders.
    (4) Minimum guarantee.
    (5) Temporary unavailability of a qualified inflation index.
(g) Reopenings.
(h) Effective date.
* * * * *


Sec. 1.1275.4   [Amended]

    Par. 3. Section 1.1275-4 is amended by--
    1. Removing the word ``or'' from the end of paragraph (a)(2)(vi);
    2. Redesignating paragraph (a)(2)(vii) as paragraph (a)(2)(viii); 
and
    3. Adding a new paragraph (a)(2)(vii).
    The addition reads as follows:


Sec. 1.1275-4   Contingent payment debt instruments.

    (a) * * *
    (2) * * *
    (vii) An inflation-indexed debt instrument (as defined in 
Sec. 1.1275-7T); or
* * * * *
    Par. 4. Section 1.1275-7T is added to read as follows:


Sec. 1.1275-7T   Inflation-indexed debt instruments (temporary).

    (a) Overview. This section provides rules for the federal income 
tax treatment of an inflation-indexed debt instrument. If a debt 
instrument is an inflation-indexed debt instrument, one of two methods 
will apply to the instrument: the coupon bond method (as described in 
paragraph (d) of this section) or the discount bond method (as 
described in paragraph (e) of this section). Both methods determine the 
amount of OID that is taken into account each year by a holder or an 
issuer of an inflation-indexed debt instrument.
    (b) Applicability--(1) In general. Except as provided in paragraph 
(b)(2) of this section, this section applies to an inflation-indexed 
debt instrument as defined in paragraph (c)(1) of this section. For 
example, this section applies to Treasury Inflation-Indexed Securities.
    (2) Exceptions. This section does not apply to an inflation-indexed 
debt instrument that is also--
    (i) A debt instrument (other than a tax-exempt obligation) 
described in section 1272(a)(2) (for example, U.S. savings bonds, 
certain loans between natural persons, and short-term taxable 
obligations); or
    (ii) A debt instrument subject to section 529 (certain debt 
instruments issued by qualified state tuition programs).
    (c) Definitions. The following definitions apply for purposes of 
this section:
    (1) Inflation-indexed debt instrument. An inflation-indexed debt 
instrument is a debt instrument that satisfies the following 
conditions:
    (i) Issued for cash. The debt instrument is issued for U.S. dollars 
and all payments on the instrument are denominated in U.S. dollars.
    (ii) Indexed for inflation and deflation. Except for a minimum 
guarantee payment (as defined in paragraph (c)(5) of this section), 
each payment on the debt instrument is indexed for inflation and 
deflation. A payment is indexed for inflation and deflation if the 
amount of the payment is equal to--
    (A) The amount that would be payable if there were no inflation or 
deflation over the term of the debt instrument, multiplied by
    (B) A ratio, the numerator of which is the value of the reference 
index for the date of the payment and the denominator of which is the 
value of the reference index for the issue date.
    (iii) No other contingencies. No payment on the debt instrument is 
subject to a contingency other than the inflation contingency or the 
contingencies described in this paragraph (c)(1)(iii). A debt 
instrument may provide for--
    (A) A minimum guarantee payment as defined in paragraph (c)(5) of 
this section; or
    (B) Payments under one or more alternate payment schedules if the 
payments under each payment schedule are indexed for inflation and 
deflation and a payment schedule for the debt instrument can be 
determined under Sec. 1.1272-1(c). (For purposes of this section, the 
rules of Sec. 1.1272-1(c) are applied to the debt instrument by 
assuming that no inflation or deflation will occur over the term of the 
instrument.)
    (2) Reference index. The reference index is an index used to 
measure inflation and deflation over the term of a debt instrument. To 
qualify as a reference index, an index must satisfy the following 
conditions:
    (i) The value of the index is reset once a month to a current value 
of a single qualified inflation index (as defined in paragraph (c)(3) 
of this section). For this purpose, a value of a qualified inflation 
index is current if the value has been updated and published within the 
preceding six month period.
    (ii) The reset occurs on the same day of each month (the reset 
date).
    (iii) The value of the index for any date between reset dates is 
determined through straight-line interpolation.
    (3) Qualified inflation index. A qualified inflation index is a 
general price or wage index that is updated and published at least 
monthly by an agency of the United States Government (for example, the 
non-seasonally adjusted U.S. City Average All Items Consumer Price 
Index for All Urban Consumers (CPI-U), which is published by the Bureau 
of Labor Statistics of the Department of Labor).
    (4) Inflation-adjusted principal amount. For any date, the 
inflation-adjusted principal amount of an inflation-indexed debt 
instrument is an amount equal to--
    (i) The outstanding principal amount of the debt instrument 
(determined as if there were no inflation or deflation over the term of 
the instrument), multiplied by
    (ii) A ratio, the numerator of which is the value of the reference 
index for the date and the denominator of which is the value of the 
reference index for the issue date.
    (5) Minimum guarantee payment. In general, a minimum guarantee 
payment is an additional payment made at maturity on a debt instrument 
if the total amount of inflation-adjusted principal paid on the 
instrument is less than the instrument's stated principal amount. The 
amount of the additional payment must be no more than the excess, if 
any, of the debt instrument's stated principal amount over the total 
amount of inflation-adjusted principal paid on the instrument. An 
additional payment is not a minimum guarantee

[[Page 619]]

payment unless the qualified inflation index used to determine the 
reference index is either the CPI-U or an index designated for this 
purpose by the Commissioner in the Federal Register or the Internal 
Revenue Bulletin (see Sec. 601.601(d)(2)(ii) of this chapter). See 
paragraph (f)(4) of this section for the treatment of a minimum 
guarantee payment.
    (d) Coupon bond method--(1) In general. This paragraph (d) 
describes the method (coupon bond method) to be used to account for 
qualified stated interest and inflation adjustments (OID) on an 
inflation-indexed debt instrument described in paragraph (d)(2) of this 
section.
    (2) Applicability. The coupon bond method applies to an inflation-
indexed debt instrument that satisfies the following conditions:
    (i) Issued at par. The debt instrument is issued at par. A debt 
instrument is issued at par if the difference between its issue price 
and principal amount for the issue date is less than the de minimis 
amount. For this purpose, the de minimis amount is determined using the 
principles of Sec. 1.1273-1(d).
    (ii) All stated interest is qualified stated interest. All stated 
interest on the debt instrument is qualified stated interest. For 
purposes of this paragraph (d), stated interest is qualified stated 
interest if the interest is unconditionally payable in cash, or is 
constructively received under section 451, at least annually at a 
single fixed rate. Stated interest is payable at a single fixed rate if 
the amount of each interest payment is determined by multiplying the 
inflation adjusted principal amount for the payment date by the single 
fixed rate.
    (3) Qualified stated interest. Under the coupon bond method, 
qualified stated interest is taken into account under the taxpayer's 
regular method of accounting. The amount of accrued but unpaid 
qualified stated interest as of any date is determined by using the 
principles of Sec. 1.446-3(e)(2)(ii) (relating to notional principal 
contracts). For example, if the interval between interest payment dates 
spans two taxable years, a taxpayer using an accrual method of 
accounting determines the amount of accrued qualified stated interest 
for the first taxable year by reference to the inflation-adjusted 
principal amount at the end of the first taxable year.
    (4) Inflation adjustments--(i) Current accrual. Under the coupon 
bond method, an inflation adjustment is taken into account for each 
taxable year in which the debt instrument is outstanding.
    (ii) Amount of inflation adjustment. For any relevant period (such 
as the taxable year or the portion of the taxable year during which a 
taxpayer holds an inflation-indexed debt instrument), the amount of the 
inflation adjustment is equal to--
    (A) The sum of the inflation-adjusted principal amount at the end 
of the period and the principal payments made during the period, minus
    (B) The inflation-adjusted principal amount at the beginning of the 
period.
    (iii) Positive inflation adjustments. A positive inflation 
adjustment is OID.
    (iv) Negative inflation adjustments. A negative inflation 
adjustment is a deflation adjustment that is taken into account under 
the rules of paragraph (f)(1) of this section.
    (5) Example. The following example illustrates the coupon bond 
method:

    Example. (i) Facts. On October 15, 1997, X purchases at original 
issue, for $100,000, a debt instrument that is indexed for inflation 
and deflation. The debt instrument matures on October 15, 1999, has 
a stated principal amount of $100,000, and has a stated interest 
rate of 5 percent, compounded semiannually. The debt instrument 
provides that the principal amount is indexed to the CPI-U. Interest 
is payable on April 15 and October 15 of each year. The amount of 
each interest payment is determined by multiplying the inflation-
adjusted principal amount for each interest payment date by the 
stated interest rate, adjusted for the length of the accrual period. 
The debt instrument provides for a single payment of the inflation-
adjusted principal amount at maturity. In addition, the debt 
instrument provides for an additional payment at maturity equal to 
the excess, if any, of $100,000 over the inflation-adjusted 
principal amount at maturity. X uses the cash receipts and 
disbursements method of accounting and the calendar year as its 
taxable year.
    (ii) Indexing methodology. The debt instrument provides that the 
inflation-adjusted principal amount for any day is determined by 
multiplying the principal amount of the instrument for the issue 
date by a ratio, the numerator of which is the value of the 
reference index for the day the inflation-adjusted principal amount 
is to be determined and the denominator of which is the value of the 
reference index for the issue date. The value of the reference index 
for the first day of a month is the value of the CPI-U for the third 
preceding month. The value of the reference index for any day other 
than the first day of a month is determined based on a straight-line 
interpolation between the value of the reference index for the first 
day of the month and the value of the reference index for the first 
day of the next month.
    (iii) Inflation-indexed debt instrument subject to the coupon 
bond method. Under paragraph (c)(1) of this section, the debt 
instrument is an inflation-indexed debt instrument. Because there is 
no difference between the debt instrument's issue price ($100,000) 
and its principal amount for the issue date ($100,000) and because 
all stated interest is qualified stated interest, the coupon bond 
method applies to the instrument.
    (iv) Reference index values. Assume the following table lists 
the relevant reference index values for 1997 through 1999:

------------------------------------------------------------------------
                                                               Reference
                             Date                                index  
                                                                 value  
------------------------------------------------------------------------
Oct. 15, 1997................................................       100 
Jan. 1, 1998.................................................       101 
Apr. 15, 1998................................................       103 
Oct. 15, 1998................................................       105 
Jan. 1, 1999.................................................        99 
------------------------------------------------------------------------

    (v) Treatment of X in 1997. X does not receive any payments of 
interest on the debt instrument in 1997. Therefore, X has no 
qualified stated interest income for 1997. X, however, must take 
into account the inflation adjustment for 1997. The inflation-
adjusted principal amount for January 1, 1998, is $101,000 ($100,000 
 x  101/100). Therefore, the inflation adjustment for 1997 is 
$1,000, the inflation-adjusted principal amount for January 1, 1998 
($101,000) minus the principal amount for the issue date ($100,000). 
X includes the $1,000 inflation adjustment in income as OID in 1997.
    (vi) Treatment of X in 1998. In 1998, X receives two payments of 
interest: On April 15, 1998, X receives a payment of $2,575 
($100,000  x  103/100  x  .05/2), and on October 15, 1998, X 
receives a payment of $2,625 ($100,000  x  105/100  x  .05/2). 
Therefore, X's qualified stated interest income for 1998 is $5,200 
($2,575 + $2,625). X also must take into account the inflation 
adjustment for 1998. The inflation-adjusted principal amount for 
January 1, 1999, is $99,000 ($100,000  x  99/100). Therefore, the 
inflation adjustment for 1998 is negative $2,000, the inflation-
adjusted principal amount for January 1, 1999 ($99,000) minus the 
inflation-adjusted principal amount for January 1, 1998 ($101,000). 
Because the amount of the inflation adjustment is negative, it is a 
deflation adjustment. Under paragraph (f)(1)(i) of this section, X 
uses this $2,000 deflation adjustment to reduce the interest 
otherwise includible in income by X with respect to the debt 
instrument in 1998. Therefore, X includes $3,200 in income for 1998, 
the qualified stated interest income for 1998 ($5,200) minus the 
deflation adjustment ($2,000).

    (e) Discount bond method--(1) In general. This paragraph (e) 
describes the method (discount bond method) to be used to account for 
OID on an inflation-indexed debt instrument that does not qualify for 
the coupon bond method.
    (2) No qualified stated interest. Under the discount bond method, 
no interest on an inflation-indexed debt instrument is qualified stated 
interest.
    (3) OID. Under the discount bond method, the amount of OID that 
accrues on an inflation-indexed debt instrument is determined as 
follows:

[[Page 620]]

    (i) Step one: Determine the debt instrument's yield to maturity. 
The yield of the debt instrument is determined under the rules of 
Sec. 1.1272-1(b)(1)(i). In calculating the yield under those rules for 
purposes of this paragraph (e)(3)(i), the payment schedule of the debt 
instrument is determined as if there were no inflation or deflation 
over the term of the instrument.
    (ii) Step two: Determine the accrual periods. The accrual periods 
are determined under the rules of Sec. 1.1272-1(b)(1)(ii). However, no 
accrual period can be longer than 1 month.
    (iii) Step three: Determine the percentage change in the reference 
index during the accrual period. The percentage change in the reference 
index during the accrual period is equal to--
    (A) The ratio of the value of the reference index at the end of the 
period to the value of the reference index at the beginning of the 
period,
    (B) Minus one.
    (iv) Step four: Determine the OID allocable to each accrual period. 
The OID allocable to an accrual period (n) is determined by using the 
following formula:

OID(n) = AIP(n)  x  [r + inf(n) + (r  x  inf(n))]

in which,

r = yield of the debt instrument as determined under paragraph 
(e)(3)(i) of this section (adjusted for the length of the accrual 
period);
inf(n) = percentage change in the value of the reference index for 
period (n) as determined under paragraph (e)(3)(iii) of this section; 
and
AIP(n) = adjusted issue price at the beginning of period (n).

    (v) Step five: Determine the daily portions of OID. The daily 
portions of OID are determined and taken into account under the rules 
of Sec. 1.1272-1(b)(1)(iv). If the daily portions determined under this 
paragraph (e)(3)(v) are negative amounts, however, these amounts 
(deflation adjustments) are taken into account under the rules for 
deflation adjustments described in paragraph (f)(1) of this section.
    (4) Example. The following example illustrates the discount bond 
method:

    Example. (i) Facts. On November 15, 1997, X purchases at 
original issue, for $91,403, a zero-coupon debt instrument that is 
indexed for inflation and deflation. The principal amount of the 
debt instrument for the issue date is $100,000. The debt instrument 
provides for a single payment on November 15, 2000. The amount of 
the payment will be determined by multiplying $100,000 by a 
fraction, the numerator of which is the CPI-U for September 2000, 
and the denominator of which is the CPI-U for September 1997. The 
debt instrument also provides that in no event will the payment on 
November 15, 2000, be less than $100,000. X uses the cash receipts 
and disbursements method of accounting and the calendar year as its 
taxable year.
    (ii) Inflation-indexed debt instrument. Under paragraph (c)(1) 
of this section, the instrument is an inflation-indexed debt 
instrument. The debt instrument's principal amount for the issue 
date ($100,000) exceeds its issue price ($91,403) by $8,597, which 
is more than the de minimis amount for the debt instrument ($750). 
Therefore, the coupon bond method does not apply to the debt 
instrument. As a result, the discount bond method applies to the 
debt instrument.
    (iii) Yield and accrual period. Assume X chooses monthly accrual 
periods ending on the 15th day of each month. The yield of the debt 
instrument is determined as if there were no inflation or deflation 
over the term of the instrument. Therefore, based on the issue price 
of $91,403 and an assumed payment at maturity of $100,000, the yield 
of the debt instrument is 3 percent, compounded monthly.
    (iv) Percentage change in reference index. Assume that the CPI-U 
for September 1997 is 160; for October 1997 is 161.2; and for 
November 1997 is 161.7. The value of the reference index for 
November 15, 1997, is 160, the value of the CPI-U for September 
1997. Similarly, the value of the reference index for December 15, 
1997, is 161.2, and for January 15, 1998, is 161.7. The percentage 
change in the reference index from November 15, 1997, to December 
15, 1997, (inf1) is 0.0075 (161.2/160-1); the percentage change 
in the reference index from December 15, 1997, to January 15, 1998, 
(inf2) is 0.0031 (161.7/161.2-1).
    (v) Treatment of X in 1997. For the accrual period ending on 
December 15, 1997, r is .0025 (.03/12), inf1 is .0075, and the 
product of r and inf1 is .00001875. Under paragraph (e)(3) of 
this section, the amount of OID allocable to the accrual period 
ending on December 15, 1997, is $916. This amount is determined by 
multiplying the issue price of the debt instrument ($91,403) by 
.01001875 (the sum of r, inf1, and the product of r and 
inf1). The adjusted issue price of the debt instrument on 
December 15, 1997, is $92,319 ($91,403+$916). For the accrual period 
ending on January 15, 1998, r is .0025 (.03/12), inf2 is .0031, 
and the product of r and inf2 is .00000775. Under paragraph 
(e)(3) of this section, the amount of OID allocable to the accrual 
period ending on January 15, 1998, is $518. This amount is 
determined by multiplying the adjusted issue price of the debt 
instrument ($92,319) by .00560775 (the sum of r, inf2, and the 
product of r and inf2). Because the accrual period ending on 
January 15, 1998, spans two taxable years, only $259 of this amount 
($518/30 days x 15 days) is allocable to 1997. Therefore, X includes 
$1,175 of OID in income for 1997 ($916+$259).

    (f) Special rules. The following rules apply to an inflation-
indexed debt instrument:
    (1) Deflation adjustments--(i) Holder. A deflation adjustment 
reduces the amount of interest otherwise includible in income by a 
holder with respect to the debt instrument for the taxable year. For 
purposes of this paragraph (f)(1)(i), interest includes OID, qualified 
stated interest, and market discount. If the amount of the deflation 
adjustment exceeds the interest otherwise includible in income by the 
holder with respect to the debt instrument for the taxable year, the 
excess is treated as an ordinary loss by the holder for the taxable 
year. However, the amount treated as an ordinary loss is limited to the 
amount by which the holder's total interest inclusions on the debt 
instrument in prior taxable years exceed the total amount treated by 
the holder as an ordinary loss on the debt instrument in prior taxable 
years. If the deflation adjustment exceeds the interest otherwise 
includible in income by the holder with respect to the debt instrument 
for the taxable year and the amount treated as an ordinary loss for the 
taxable year, this excess is carried forward to reduce the amount of 
interest otherwise includible in income by the holder with respect to 
the debt instrument for subsequent taxable years.
    (ii) Issuer. A deflation adjustment reduces the interest otherwise 
deductible by the issuer with respect to the debt instrument for the 
taxable year. For purposes of this paragraph (f)(1)(ii), interest 
includes OID and qualified stated interest. If the amount of the 
deflation adjustment exceeds the interest otherwise deductible by the 
issuer with respect to the debt instrument for the taxable year, the 
excess is treated as ordinary income by the issuer for the taxable 
year. However, the amount treated as ordinary income is limited to the 
amount by which the issuer's total interest deductions on the debt 
instrument in prior taxable years exceed the total amount treated by 
the issuer as ordinary income on the debt instrument in prior taxable 
years. If the deflation adjustment exceeds the interest otherwise 
deductible by the issuer with respect to the debt instrument for the 
taxable year and the amount treated as ordinary income for the taxable 
year, this excess is carried forward to reduce the interest otherwise 
deductible by the issuer with respect to the debt instrument for 
subsequent taxable years. If there is any excess remaining upon the 
retirement of the debt instrument, the issuer takes the excess amount 
into account as ordinary income.
    (2) Adjusted basis. A holder's adjusted basis in an inflation-
indexed debt instrument is determined under Sec. 1.1272-1(g). However, 
a holder's adjusted basis in the debt instrument is decreased by the 
amount of any

[[Page 621]]

deflation adjustment the holder takes into account to reduce the amount 
of interest otherwise includible in income or treats as an ordinary 
loss with respect to the instrument during the taxable year. The 
decrease occurs when the deflation adjustment is taken into account 
under paragraph (f)(1) of this section.
    (3) Subsequent holders. A holder determines the amount of 
acquisition premium or market discount on an inflation-indexed debt 
instrument by reference to the adjusted issue price of the instrument 
on the date the holder acquires the instrument. A holder determines the 
amount of bond premium on an inflation-indexed debt instrument by 
assuming that the amount payable at maturity on the instrument is equal 
to the instrument's inflation-adjusted principal amount for the day the 
holder acquires the instrument. Any premium or market discount is taken 
into account over the remaining term of the debt instrument as if there 
were no further inflation or deflation. See section 171 for additional 
rules relating to the amortization of bond premium and sections 1276 
through 1278 for additional rules relating to market discount.
    (4) Minimum guarantee. Under both the coupon bond method and the 
discount bond method, a minimum guarantee payment is ignored until the 
payment is made. If there is a minimum guarantee payment, the payment 
is treated as interest on the date it is paid.
    (5) Temporary unavailability of a qualified inflation index. 
Notwithstanding any other rule of this section, an inflation-indexed 
debt instrument may provide for a substitute value of the qualified 
inflation index if and when the publication of the value of the 
qualified inflation index is temporarily delayed. The substitute value 
may be determined by the issuer under any reasonable method. For 
example, if the CPI-U is not reported for a particular month, the debt 
instrument may provide that a substitute value may be determined by 
increasing the last reported value by the average monthly percentage 
increase in the qualified inflation index over the preceding twelve 
months. The use of a substitute value does not result in a reissuance 
of the debt instrument.
    (g) Reopenings. For purposes of Sec. 1.1275-2(d)(2), a reopening of 
Treasury Inflation-Indexed Securities is a qualified reopening if--
    (1) The terms of the securities issued in the reopening are the 
same as the terms of the original securities; and
    (2) The reopening occurs not more than one year after the original 
securities were first issued to the public.
    (h) Effective date. This section applies to an inflation-indexed 
debt instrument issued on or after January 6, 1997.
    Par. 5. Section 1.1286-2T is added to read as follows:


Sec. 1.1286-2T  Stripped inflation-indexed debt instruments 
(temporary).

    Stripped inflation-indexed debt instruments. If a Treasury 
Inflation-Indexed Security is stripped under the Department of the 
Treasury's Separate Trading of Registered Interest and Principal of 
Securities (STRIPS) program, the holders of the principal and coupon 
components must use the discount bond method (as described in 
Sec. 1.1275-7T(e)) to account for the original issue discount on the 
components.
Margaret Milner Richardson,
Commissioner of Internal Revenue.

    Approved: December 6, 1996.
Donald C. Lubick,
Acting Assistant Secretary of the Treasury.
[FR Doc. 96-33398 Filed 12-31-96; 12:57 pm]
BILLING CODE 4830-01-U