---
kind: "section"
citation: "26 U.S.C. § 1281"
title: "26"
title_heading: "Internal Revenue Code"
number: "1281"
heading: "Current inclusion in income of discount on certain short-term obligations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/26/1281"
units:
  - "Subtitle A — Income Taxes"
  - "Chapter 1 — Normal Taxes and Surtaxes"
  - "Subchapter P — Capital Gains and Losses"
  - "Part V — Special Rules for Bonds and Other Debt Instruments"
  - "Subpart C — Discount on Short-Term Obligations"
---

# §1281. Current inclusion in income of discount on certain short-term obligations

- (a) **General rule—** In the case of any [short-term obligation](/usc/26/1283.md?p=a-1-A) to which this section applies, for purposes of this title—
  - (1) there shall be included in the gross income of the holder an amount equal to the sum of the daily portions of the [acquisition discount](/usc/26/1283.md?p=a-2) for each day during the taxable year on which such holder held such obligation, and
  - (2) any [interest](/usc/26/856.md?p=f-1) payable on the obligation (other than [interest](/usc/26/856.md?p=f-1) taken into account in determining the amount of the [acquisition discount](/usc/26/1283.md?p=a-2)) shall be included in gross income as it accrues.
- (b) **Short-term obligations to which section applies—**
  - (1) **In general—** This section shall apply to any [short-term obligation](/usc/26/1283.md?p=a-1-A) which—
    - (A) is held by a [taxpayer](/usc/26/1313.md?p=b) using an accrual method of accounting,
    - (B) is held primarily for sale to customers in the ordinary course of the [taxpayer](/usc/26/1313.md?p=b)’s [trade or business](/usc/26/1402.md?p=c),
    - (C) is held by a bank (as defined in [section 581](/usc/26/581.md)),
    - (D) is held by a [regulated investment company](/usc/26/851.md?p=a) or a common trust [fund](/usc/26/851.md?p=g-2),
    - (E) is identified by the [taxpayer](/usc/26/1313.md?p=b) under [section 1256(e)(2)](/usc/26/1256.md?p=e-2) as being part of a [hedging transaction](/usc/26/1221.md?p=b-2-A), or
    - (F) is a stripped [bond](/usc/26/150.md?p=a-1) or stripped coupon held by the person who stripped the [bond](/usc/26/150.md?p=a-1) or coupon (or by any other person whose basis is determined by reference to the basis in the hands of such person).
  - (2) **Treatment of obligations held by pass-thru entities—**
    - (A) **In general—** This section shall apply also to—
      - (i) any [short-term obligation](/usc/26/1283.md?p=a-1-A) which is held by a pass-thru entity which is formed or availed of for purposes of avoiding the provisions of this section, and
      - (ii) any [short-term obligation](/usc/26/1283.md?p=a-1-A) which is acquired by a pass-thru entity (not described in [clause (i)](#b-2-A-i)) during the required accrual period.
    - (B) **Required accrual period—** For purposes of [subparagraph (A)](#b-2-A), the term “required accrual period” means the period—
      - (i) which begins with the first taxable year for which the ownership test of [subparagraph (C)](#b-2-C) is met with respect to the pass-thru entity (or a predecessor), and
      - (ii) which ends with the first taxable year after the taxable year referred to in [clause (i)](#b-2-B-i) for which the ownership test of [subparagraph (C)](#b-2-C) is not met and with respect to which the Secretary consents to the termination of the required accrual period.
    - (C) **Ownership test—** The ownership test of this subparagraph is met for any taxable year if, on at least 90 days during the taxable year, 20 percent or more of the [value](/usc/26/851.md?p=c-4) of the [interests](/usc/26/856.md?p=f-1) in the pass-thru entity are held by persons described in [paragraph (1)](#b-1) or by other pass-thru entities to which [subparagraph (A)](#b-2-A) applies.
    - (D) **Pass-thru entity—** The term “pass-thru entity” means any [partnership](/usc/26/761.md?p=a), [S corporation](/usc/26/1361.md?p=a-1), trust, or other pass-thru entity.
- (c) **Cross reference—** For special rules limiting the application of this section to [original issue discount](/usc/26/1278.md?p=a-5) in the case of nongovernmental obligations, see [section 1283(c)](/usc/26/1283.md?p=c).

## Source credit

(Added Pub. L. 98–369, div. A, title I, § 41(a), July 18, 1984, 98 Stat. 548; amended Pub. L. 99–514, title XVIII, § 1803(a)(7), (8)(A), Oct. 22, 1986, 100 Stat. 2793, 2794.)

## Notes

### Editorial Notes

### Amendments

1986—Subsec. (a). Pub. L. 99–514, § 1803(a)(8), amended subsec. (a) generally, designating existing provisions as par. (1) and adding par. (2).

Subsec. (b)(1)(F). Pub. L. 99–514, § 1803(a)(7), added subpar. (F).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1986 Amendment

Amendment by section 1803(a)(7) of Pub. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98–369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99–514, set out as a note under section 48 of this title.

Section 1803(a)(8)(A) of Pub. L. 99–514, as amended by Pub. L. 100–647, title I, § 1018(c)(1), Nov. 10, 1988, 102 Stat. 3578, provided that the amendment made by section 1803(a)(8)(A) of Pub. L. 99–514 is effective with respect to obligations acquired after Dec. 31, 1985.

### Effective Date

Section applicable to taxable years ending after July 18, 1984, and applicable to obligations acquired after that date, with certain elections available, see section 44 of Pub. L. 98–369, set out as a note under section 1271 of this title.

### Plan Amendments Not Required Until January 1, 1989

For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of this title.