Form 8281 - Information Return For Publicly Offered Original Issue Discount Instruments Page 3

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Form 8281 (Rev. 9-2014)
Page
General Instructions
2. Instruments on which OID is de minimis, as defined in
section 1273(a)(3) and Regulations section 1.1273-1(d).
Section references are to the Internal Revenue Code unless
3. Tax-exempt obligations (interest on them is not taxable).
otherwise noted.
4. Short-term obligations (those that mature in 1 year or less
Future Developments
from their issue date).
5. Certificates of deposit (CDs) issued by banks or other
For the latest information about developments related to Form
financial institutions.
8281, such as legislation enacted after this form and
instructions were published, go to
6. CDs that are sold by brokers or other middlemen.
Purpose of Form
7. A public offering of stripped bonds or stripped coupons,
including instruments issued under the Department of the
If you are the issuer of publicly offered debt instruments having
Treasury’s STRIPS program and instruments that constitute
original issue discount (OID), file Form 8281 to provide the
ownership interests in U.S. Treasury securities.
information required by section 1275(c). The reporting
When To File
requirements of section 1275(c) were designed to facilitate the
IRS’s collection and publication of the OID information needed
File two Forms 8281 and any attachments within 30 days after
by brokers and middlemen in order for them to provide
the date of issuance of an OID debt instrument or, if registered
information returns to holders of OID debt instruments. Since
with the SEC after the date of issuance, within 30 days after the
1984, the IRS has compiled the OID information reported by the
date the OID debt instrument is registered with the SEC. File a
issuer on Form 8281 and made that information available to the
separate Form 8281 for each issue.
public in the OID tables, which can be found at
by clicking the link under Recent
Definitions
Developments.
Original issue discount means the excess of the stated
Use and Availability of Information on This
redemption price at maturity over the issue price.
Form
Stated redemption price at maturity means the sum of all
payments provided by the debt instrument other than qualified
For each year a debt instrument is outstanding, the following
stated interest payments. Generally, qualified stated interest is
information reported on Form 8281 will be published in the OID
stated interest unconditionally payable in cash at least annually
tables, which can be found at by clicking
at a single fixed rate.
the link under Recent Developments.
Issue price, in the case of publicly offered instruments not
1. The issuer’s name.
issued for property, means the first price at which a substantial
2. The CUSIP number.
amount of such instruments was sold to the public (excluding
3. The issue date.
bond houses and brokers).
4. The maturity date.
For more information about OID instruments and the OID
reporting requirements, see Pub. 1212, Guide to Original Issue
5. The issue price.
Discount (OID) Instruments.
6. The annual stated interest rate.
Penalty
7. The yield to maturity.
An issuer who fails to timely file Form 8281 will be subject to a
8. The daily OID per $1,000 of maturity value for each accrual
penalty of 1% of the aggregate issue price of the debt
period.
instruments, unless such failure is due to reasonable cause and
9. The OID per $1,000 of maturity value for each calendar
not to willful neglect. The maximum penalty with respect to any
year.
issue is $50,000.
10. The total OID as of the beginning of the calendar year.
Specific Instructions
Who Must File
Part I. Issuer Information
An issuer of a publicly offered debt instrument (obligation)
having OID, such as a bond, debenture, or note, must file Form
For serial obligations, complete boxes 1 through 3 and attach a
8281. Publicly offered debt instruments also may include:
list showing the information for boxes 4 through 15 for each
obligation within the series. For all other obligations, complete
1. Serial obligations.
all boxes.
2. Debt instruments issued in exchange for other debt
To revise a form, write “Revised” across the top of this form
instruments or for stock.
and staple a copy of the previously filed form to this form.
3. A debt instrument sold together with options or warrants
Complete all boxes on this form.
(an investment unit).
Boxes 3a-3f. Enter the name, address, and telephone number
4. Sinking fund instruments.
of an official or representative of the issuing company who has
5. Convertible instruments.
personal knowledge of this offering and who can be contacted if
additional information is needed.
An obligation registered with the Securities and Exchange
Commission (SEC) is a publicly offered debt instrument. An
Part II. Debt Instrument Information
obligation exempt from SEC registration may be publicly
Box 4. Enter the Committee on Uniform Security Identification
offered. See Regulations section 1.1275-1(h).
Procedures (CUSIP) number assigned to the instruments.
Exceptions. Do not file this form for the following:
Box 5a. Enter the date the issue was first sold to the public at
1. Regular interests of a real estate mortgage investment
the issue price.
conduit (REMIC) or collateralized debt obligations (CDOs).
Box 5b. Enter the date the issue was registered with the SEC
REMICs and issuers of CDOs must file Form 8811, Information
for OID debt instruments not registered at the time of issuance.
Return for Real Estate Mortgage Investment Conduits (REMICs)
and Issuers of Collateralized Debt Obligations.

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