Home > Data > Subtitle D > Chapter 39 > Sec. 4701
Required Obligation Not In Registered Form
Last Updated: January 8, 2012
(a) Imposition of tax
In the case of any person who issues a registration-required
obligation which is not in registered form, there is hereby imposed
on such person on the issuance of such obligation a tax in an
amount equal to the product of -
(1) 1 percent of the principal amount of such obligation,
multiplied by
(2) the number of calendar years (or portions thereof) during
the period beginning on the date of issuance of such obligation
and ending on the date of maturity.
(b) Definitions
For purposes of this section -
(1) Registration-required obligation
The term "registration-required obligation" has the same
meaning as when used in section 163(f), except that such term
shall not include any obligation required to be registered under
section 149(a).
(2) Registered form
The term "registered form" has the same meaning as when used in
section 163(f).
-SOURCE
(Added Pub. L. 97-248, title III, Sec. 310(b)(4)(A), Sept. 3, 1982,
96 Stat. 598; amended Pub. L. 99-514, title XIII, Sec. 1301(j)(5),
Oct. 22, 1986, 100 Stat. 2657; Pub. L. 111-147, title V, Sec.
502(e), Mar. 18, 2010, 124 Stat. 108.)
-MISC1
AMENDMENTS
1986 - Subsec. (b)(1). Pub. L. 99-514 substituted "section
149(a)" for "section 103(j)".
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111-147 applicable to obligations issued
after the date which is 2 years after Mar. 18, 2010, see section
502(f) of Pub. L. 111-147, set out as a note under section 149 of
this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-514 applicable to bonds issued after Aug.
15, 1986, except as otherwise provided, see sections 1311 to 1318
of Pub. L. 99-514, set out as an Effective Date; Transitional Rules
note under section 141 of this title.
EFFECTIVE DATE
Section applicable to obligations issued after Dec. 31, 1982,
with an exception for certain warrants, see section 310(d)(1), (3)
of Pub. L. 97-248, set out as an Effective Date of 1982 Amendment
note under section 103 of this title.
-STATAMEND
AMENDMENT OF SUBSECTION (B)(1)
Pub. L. 111-147, title V, Sec. 502(e), (f), Mar. 18, 2010, 124
Stat. 108, provided that, applicable to obligations issued after
the date which is 2 years after Mar. 18, 2010, subsection (b)(1) of
this section is amended to read as follows:
(1) Registration-required obligation
(A) In general
The term "registration-required obligation" has the same
meaning as when used in section 163(f), except that such term
shall not include any obligation which -
(i) is required to be registered under section 149(a), or
(ii) is described in subparagraph (B).
(B) Certain obligations not included
An obligation is described in this subparagraph if -
(i) there are arrangements reasonably designed to ensure
that such obligation will be sold (or resold in connection
with the original issue) only to a person who is not a United
States person,
(ii) interest on such obligation is payable only outside
the United States and its possessions, and
(iii) on the face of such obligation there is a statement
that any United States person who holds such obligation will
be subject to limitations under the United States income tax
laws.