U.S Code last checked for updates: May 27, 2024
§ 453A.
Special rules for nondealers
(a)
General rule
In the case of an installment obligation to which this section applies—
(1)
interest shall be paid on the deferred tax liability with respect to such obligation in the manner provided under subsection (c), and
(2)
the pledging rules under subsection (d) shall apply.
(b)
Installment obligations to which section applies
(1)
In general
(2)
Special rule for interest payments
For purposes of subsection (a)(1), this section shall apply to an obligation described in paragraph (1) arising during a taxable year only if—
(A)
such obligation is outstanding as of the close of such taxable year, and
(B)
the face amount of all such obligations held by the taxpayer which arose during, and are outstanding as of the close of, such taxable year exceeds $5,000,000.
Except as provided in regulations, all persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of this paragraph and subsection (c)(4).
(3)
Exception for personal use and farm property
An installment obligation shall not be treated as described in paragraph (1) if it arises from the disposition—
(A)
by an individual of personal use property (within the meaning of section 1275(b)(3)), or
(B)
of any property used or produced in the trade or business of farming (within the meaning of section 2032A(e)(4) or (5)).
(4)
Special rule for timeshares and residential lots
(5)
Sales price
(c)
Interest on deferred tax liability
(1)
In general
(2)
Computation of interest
For purposes of paragraph (1), the interest for any taxable year shall be an amount equal to the product of—
(A)
the applicable percentage of the deferred tax liability with respect to such obligation, multiplied by
(B)
the underpayment rate in effect under section 6621(a)(2) for the month with or within which the taxable year ends.
(3)
Deferred tax liability
For purposes of this section, the term “deferred tax liability” means, with respect to any taxable year, the product of—
(A)
the amount of gain with respect to an obligation which has not been recognized as of the close of such taxable year, multiplied by
(B)
the maximum rate of tax in effect under section 1 or 11, whichever is appropriate, for such taxable year.
For purposes of applying the preceding sentence with respect to so much of the gain which, when recognized, will be treated as long-term capital gain, the maximum rate on net capital gain under section 1(h) shall be taken into account.
(4)
Applicable percentage
For purposes of this subsection, the term “applicable percentage” means, with respect to obligations arising in any taxable year, the percentage determined by dividing—
(A)
the portion of the aggregate face amount of such obligations outstanding as of the close of such taxable year in excess of $5,000,000, by
(B)
the aggregate face amount of such obligations outstanding as of the close of such taxable year.
(5)
Treatment as interest
(6)
Regulations
(d)
Pledges, etc., of installment obligations
(1)
In general
For purposes of section 453, if any indebtedness (hereinafter in this subsection referred to as “secured indebtedness”) is secured by an installment obligation to which this section applies, the net proceeds of the secured indebtedness shall be treated as a payment received on such installment obligation as of the later of—
(A)
the time the indebtedness becomes secured indebtedness, or
(B)
the time the proceeds of such indebtedness are received by the taxpayer.
(2)
Limitation based on total contract price
The amount treated as received under paragraph (1) by reason of any secured indebtedness shall not exceed the excess (if any) of—
(A)
the total contract price, over
(B)
any portion of the total contract price received under the contract before the later of the times referred to in subparagraph (A) or (B) of paragraph (1) (including amounts previously treated as received under paragraph (1) but not including amounts not taken into account by reason of paragraph (3)).
(3)
Later payments treated as receipt of tax paid amounts
(4)
Secured indebtedness
(e)
Regulations
The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section, including regulations—
(1)
disallowing the use of the installment method in whole or in part for transactions in which the rules of this section otherwise would be avoided through the use of related persons, pass-thru entities, or intermediaries, and
(2)
providing that the sale of an interest in a partnership or other pass-thru entity will be treated as a sale of the proportionate share of the assets of the partnership or other entity.
(Added Pub. L. 96–471, § 2(a), Oct. 19, 1980, 94 Stat. 2251; amended Pub. L. 99–514, title VIII, § 812(b), Oct. 22, 1986, 100 Stat. 2371; Pub. L. 100–203, title X, § 10202(c)[(1)], Dec. 22, 1987, 101 Stat. 1330–390; Pub. L. 100–647, title I, § 1008(g)(2), title II, § 2004(d)(2), (7), (8), title V, § 5076(a), (b)(1), Nov. 10, 1988, 102 Stat. 3442, 3599, 3600, 3682; Pub. L. 101–239, title VII, §§ 7812(c)(2), 7815(g), 7821(a)(1)–(3), (4)(B), Dec. 19, 1989, 103 Stat. 2412, 2420, 2423, 2424; Pub. L. 103–66, title XIII, § 13201(b)(4), Aug. 10, 1993, 107 Stat. 459; Pub. L. 106–170, title V, § 536(b), Dec. 17, 1999, 113 Stat. 1936; Pub. L. 115–97, title I, § 13001(b)(2)(C), Dec. 22, 2017, 131 Stat. 2096.)
cite as: 26 USC 453A