Title 26, Internal Revenue CodeRelease 119-110

§860B Taxation of Holders of Regular Interests

Title 26 › Subtitle A — Income Taxes › CHAPTER 1 — NORMAL TAXES AND SURTAXES › Subchapter M — Regulated Investment Companies and Real Estate Investment Trusts › PART IV — REAL ESTATE MORTGAGE INVESTMENT CONDUITS › § 860B

Last updated Sep 22, 2026|Official source

Summary

Regular interests in a REMIC that are not already treated as debt must be treated as debt for tax purposes. Income from these interests must be reported using the accrual method. If you sell one of these interests, part of the gain is treated as ordinary income. That ordinary part is the amount, if any, by which what you would have reported if the interest’s yield were 110 percent of the applicable Federal rate at the start of your holding period exceeds what you actually reported. Special rules about original issue discount appear elsewhere in the tax code.

Full Legal Text

Title 26, §860B

Internal Revenue Code, Source: USLM XML via OLRC

(a)General rule
In determining the tax under this chapter of any holder of a regular interest in a REMIC, such interest (if not otherwise a debt instrument) shall be treated as a debt instrument.
(b)Holders must use accrual method
The amounts includible in gross income with respect to any regular interest in a REMIC shall be determined under the accrual method of accounting.
(c)Portion of gain treated as ordinary income
Gain on the disposition of a regular interest shall be treated as ordinary income to the extent such gain does not exceed the excess (if any) of— (1)
(2)the amount actually includible in gross income with respect to such interest by the taxpayer.
(d)Cross reference
For special rules in determining inclusion of original issue discount on regular interests, see section 1272(a)(6).

Reference

Citations & Metadata

Citation

26 U.S.C. § 860B

Title 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110