Publication 1212 - Introductory Material

Table of Contents

Future Developments

For the latest information about developments related to Pub. 1212, such as legislation enacted after it was published, go to www.irs.gov/pub1212.

Photographs of Missing Children

The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child.

Introduction

This publication has two purposes. Its primary purpose is to help brokers and other middlemen identify publicly offered original issue discount (OID) debt instruments they may hold as nominees for the true owners, so they can file Forms 1099-OID or Forms 1099-INT as required. The other purpose of the publication is to help owners of publicly offered OID debt instruments determine how much OID to report on their income tax returns.

The list of publicly offered OID debt instruments (OID list) is on the IRS website. The original issue discount tables, Sections I-A through III-F, are only available on the IRS website at www.irs.gov/pub1212 by clicking the link under Recent Developments. The tables are posted to the website in late November or early December of each year. The information on these lists come from the issuers of the debt instruments and from financial publications and is updated annually. (However, see Debt Instruments Not on the OID List, later.)

Brokers and other middlemen can rely on this list to determine, for information reporting purposes, whether a debt instrument was issued at a discount and the OID to be reported on information returns. However, because the information in the list has generally not been verified by the IRS as correct, the following tax matters are subject to change upon examination by the IRS.

  • The OID reported by owners of a debt instrument on their income tax returns.

  • The issuer's classification of an instrument as debt for federal income tax purposes.

Instructions for issuers of OID debt instruments.   In general, issuers of publicly offered OID debt instruments must, within 30 days after the issue date, report information about the instruments to the IRS on Form 8281, Information Return for Publicly Offered Original Issue Discount Instruments. See the form instructions for more information.

Issuers should report errors in and omissions from the list in writing at the following address:

 
IRS OID Publication Project 
SE:W:CAR:MP:T  
1111 Constitution Ave. NW, IR-6526 
Washington, D.C. 20224

REMIC and CDO information reporting requirements.   Brokers and other middlemen must follow special information reporting requirements for real estate mortgage investment conduits (REMIC) regular, and collateralized debt obligations (CDO) interests. The rules are explained in Publication 938, Real Estate Mortgage Investment Conduits (REMICs) Reporting Information (And Other Collateralized Debt Obligations (CDOs)).

  Holders of interests in REMICs and CDOs should see chapter 1 of Publication 550 for information on REMICs and CDOs.

Comments and suggestions.   We welcome your comments about this publication and your suggestions for future editions.

  You can write to us at the following address:

IRS Tax Forms and Publications 
SE:W:CAR:MP:T:I 
1111 Constitution Ave. NW, IR-6526 
Washington, D.C. 20224

  We respond to many letters by telephone. Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence.

  You can email us at taxforms@irs.gov. Please put “Publications Comment” on the subject line. You can also send us comments from www.irs.gov/formspubs/, select “Comment on Tax Forms and Publications” under “Information about.”

  Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products.

Ordering forms and publications.   Visit www.irs.gov/formspubs/ to download forms and publications, call 1-800-829-3676, or write to the address below and receive a response within 10 days after your request is received.

Internal Revenue Service 
1201 N. Mitsubishi Motorway 
Bloomington, IL 61705-6613

Tax questions.   If you have a tax question, check the information available on IRS.gov or call 1-800-829-1040. We cannot answer tax questions sent to either of the above addresses.

Useful Items - You may want to see:

Publication

  • 515 Withholding of Tax on Nonresident Aliens and Foreign Entities

  • 550 Investment Income and Expenses

  • 938 Real Estate Mortgage Investment Conduits (REMICs) Reporting Information (And Other Collateralized Debt Obligations (CDOs)).

Form (and Instructions)

  • 1096 Annual Summary and Transmittal of U.S. Information Returns

  • 1099-B Proceeds From Broker and Barter Exchange Transactions

  • 1099-INT Interest Income

  • 1099-OID Original Issue Discount

  • 8949 Sales and Other Dispositions of Capital Assets

  • Schedule B (Form 1040A or 1040) Interest and Ordinary Dividends

  • Schedule D (Form 1040) Capital Gains and Losses

  • W-8 Instructions for the Requester of Forms W-8BEN, W-8ECI, W-8EXP, and W-8IMY

See How To Get Tax Help near the end of this publication for information about getting publications and forms.

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