Eligibility
Obligations must have arrangements ensuring sale only to non-U.S. persons, pay interest outside the U.S., and include specific tax limitation statements on the face of the obligation.
Frequently Asked Questions
Who is eligible for the Exclusion for Foreign-Targeted Obligations?
Obligations must have arrangements ensuring sale only to non-U.S. persons, pay interest outside the U.S., and include specific tax limitation statements on the face of the obligation.
How does the Exclusion for Foreign-Targeted Obligations work?
Issuers can avoid the 1% excise tax on non-registered obligations by structuring debt to be sold only to non-U.S. persons with interest payable outside the U.S.
What law authorizes the Exclusion for Foreign-Targeted Obligations?
The Exclusion for Foreign-Targeted Obligations is authorized under IRC §4701 of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §4701
Source: Internal Revenue Code, Title 26, United States Code
§ 4701. Tax on issuer of registration-required obligation not in registered form(a) Imposition of taxIn 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) DefinitionsFor purposes of this section—(1) Registration-required obligation(A) In generalThe 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 includedAn 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.
(2) Registered formThe term “registered form” has the same meaning as when used in section 163(f).
(Added Pub. L. 97–248, title III, § 310(b)(4)(A), Sept. 3, 1982, 96 Stat. 598; amended Pub. L. 99–514, title XIII, § 1301(j)(5), Oct. 22, 1986, 100 Stat. 2657; Pub. L. 111–147, title V, § 502(e), Mar. 18, 2010, 124 Stat. 108.)
Editorial Notes
Amendments2010—Subsec. (b)(1). Pub. L. 111–147 amended par. (1) generally. Prior to amendment, text read as follows: “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).”
1986—Subsec. (b)(1). Pub. L. 99–514 substituted “section 149(a)” for “section 103(j)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment 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 AmendmentAmendment 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.
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