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Form 8281 (Rev. 10-2010)

Page

2. Instruments on which OID is de minimis, as defined in

General Instructions

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 from their issue date).

Purpose of Form

5. Certificates of deposit (CDs) issued by banks or other

If you are the issuer of publicly offered debt instruments

financial institutions.

having original issue discount (OID), file Form 8281 to

provide the information required by section 1275(c). The

6. CDs that are sold by brokers or other middlemen.

reporting requirements of section 1275(c) were designed to

7. A public offering of stripped bonds or stripped coupons,

facilitate the IRS’s collection and publication of the OID

including instruments issued under the Department of the

information needed by brokers and middlemen in order for

Treasury’s STRIPS program and instruments that constitute

them to provide information returns to holders of OID debt

ownership interests in U.S. Treasury securities.

instruments. Since 1984, the IRS has compiled the OID

information reported by the issuer on Form 8281 and made

When To File

that information available to the public in the OID tables to

Publication 1212.

File two Forms 8281 and any attachments within 30 days

after the date of issuance of an OID debt instrument. File a

Use and Availability of Information on This Form

separate Form 8281 for each issue.

For each year a debt instrument is outstanding, the following

Definitions

information reported on Form 8281 will be published in the

OID tables to Publication 1212, which is available at

Original issue discount means the excess of the stated

redemption price at maturity over the issue price.

1. The issuer’s name.

Stated redemption price at maturity means the sum of all

payments provided by the debt instrument other than

2. The CUSIP number.

qualified stated interest payments. Generally, qualified stated

3. The issue date.

interest is stated interest unconditionally payable in cash at

least annually at a single fixed rate.

4. The maturity date.

Issue price, in the case of publicly offered instruments not

5. The issue price.

issued for property, means the first price at which a

substantial amount of such instruments was sold to the

6. The annual stated interest rate.

public (excluding bond houses and brokers).

7. The yield to maturity.

For more information about OID instruments and the OID

8. The daily OID per $1,000 of maturity value for each

reporting requirements, see Pub. 1212, Guide to Original

accrual period.

Issue Discount (OID) Instruments.

9. The OID per $1,000 of maturity value for each calendar

Penalty

year.

An issuer who fails to timely file Form 8281 will be subject to

10. The total OID as of the beginning of the calendar year.

a penalty of 1% of the aggregate issue price of the debt

instruments, unless such failure is due to reasonable cause

Who Must File

and not to willful neglect. The maximum penalty with respect

to any issue is $50,000.

An issuer of a publicly offered debt instrument (obligation)

having OID, such as a bond, debenture, or note, must file

Specific Instructions

Form 8281. Publicly offered debt instruments also may

include:

Part I. Issuer Information

1. Serial obligations.

For serial obligations, complete boxes 1 through 3 and

2. Debt instruments issued in exchange for other debt

attach a list showing the information for boxes 4 through 15

instruments or for stock.

for each obligation within the series. For all other obligations,

3. A debt instrument sold together with options or warrants

complete all boxes.

(an investment unit).

To revise a form, write “Revised” across the top of this form

4. Sinking fund instruments.

and staple a copy of the previously filed form to this form.

Complete all boxes on this form.

5. Convertible instruments.

Boxes 3a-3f. Enter the name, address, and telephone number

An obligation registered with the Securities and Exchange

of an official or representative of the issuing company who has

Commission (SEC) is a publicly offered debt instrument. An

personal knowledge of this offering and who can be contacted

obligation exempt from SEC registration may be publicly

if additional information is needed.

offered. See Regulations section 1.1275-1(h).

Exceptions. Do not file this form for the following:

Part II. Debt Instrument Information

1. Regular interests of a real estate mortgage investment

Box 4. Enter the Committee on Uniform Security

conduit (REMIC) or collateralized debt obligations (CDOs).

Identification Procedures (CUSIP) number assigned to the

REMICs and issuers of CDOs must file Form 8811,

instruments.

Information Return for Real Estate Mortgage Investment

Conduits (REMICs) and Issuers of Collateralized Debt

Box 5. Enter the date the issue was first sold to the public at

Obligations.

the issue price.

Form 8281 - Information Return For Publicly Offered Original Issue Discount Instruments Page 2

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