§75 — Title 26 Internal Revenue Code | U.S. Code

Summary

Dealers who buy and sell municipal bonds as part of their business cannot use a tax timing trick on bond premium. Normally, premium on tax-exempt bonds is not deductible. To match that rule, a dealer must reduce either the cost of securities sold or the bond's basis by the premium amount, depending on how the dealer keeps inventory. This raises the dealer's taxable profit when the bond is sold. The rule applies to bonds whose interest is tax-free, but it skips bonds the dealer sells within 30 days of buying them and bonds that mature or can be called more than 5 years after purchase.

Title 26, §75

Internal Revenue Code — Source: USLM XML via OLRC

(a)In computing the gross income of a taxpayer who holds during the taxable year a municipal bond (as defined in subsection (b)(1)) primarily for sale to customers in the ordinary course of his trade or business—

(1)if the gross income of the taxpayer from such trade or business is computed by the use of inventories and his inventories are valued on any basis other than cost, the cost of securities sold (as defined in subsection (b)(2)) during such year shall be reduced by an amount equal to the amortizable bond premium which would be disallowed as a deduction for such year by section 171(a)(2) (relating to deduction for amortizable bond premium) if the definition in section 171(d) of the term “bond” did not exclude such municipal bond; or

(2)if the gross income of the taxpayer from such trade or business is computed without the use of inventories, or by use of inventories valued at cost, and the municipal bond is sold or otherwise disposed of during such year, the adjusted basis (computed without regard to this paragraph) of the municipal bond shall be reduced by the amount of the adjustment which would be required under section 1016(a)(5) (relating to adjustment to basis for amortizable bond premium) if the definition in section 171(d) of the term “bond” did not exclude such municipal bond.

(b)For purposes of subsection (a)—

(1)The term “municipal bond” means any obligation issued by a government or political subdivision thereof if the interest on such obligation is excludable from gross income; but such term does not include such an obligation if—

(A)(i)it is sold or otherwise disposed of by the taxpayer within 30 days after the date of its acquisition by him, or

(ii)its earliest maturity or call date is a date more than 5 years from the date on which it was acquired by the taxpayer; and

(B)when it is sold or otherwise disposed of by the taxpayer—

(i)in the case of a sale, the amount realized, or

(ii)in the case of any other disposition, its fair market value at the time of such disposition,

(2)The term “cost of securities sold” means the amount ascertained by subtracting the inventory value of the closing inventory of a taxable year from the sum of—

(A)the inventory value of the opening inventory for such year, and

(B)the cost of securities and other property purchased during such year which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1958—Subsec. (a). Pub. L. 85–866, § 2(a)(2), (3), struck out “short-term” each place it appeared, and inserted sentence to provide that no reduction to cost of securities sold during taxable year shall be made in respect of subsec. (b)(1)(A)(ii) obligations held at close of year, and to permit reduction in cost of securities sold in taxable year sold if obligation is municipal bond. Subsec. (b)(1). Pub. L. 85–866, § 2(a)(1), substituted “municipal bond” for “short-term municipal bond”, designated former subpars. (A) and (B) as (A)(i) and (ii), respectively, and added subpar. (B).

Statutory Notes and Related Subsidiaries

Effective Date

of 1958 Amendment Pub. L. 85–866, § 2(c), Sept. 2, 1958, 72 Stat. 1607, provided that: “The

Amendments

made by subsections (a) and (b) [amending this section and section 1016 of this title] shall apply with respect to taxable years ending after December 31, 1957, but only with respect to obligations acquired after such date.”

§75 Dealers in Tax-exempt Securities

Summary

Title 26, §75

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata