Section 24271(h) - Income from Discharge of Indebtedness(1) Sale and Purchase by Corporation of its Bonds. (A) If bonds are issued by a corporation at their face value, the corporation realizes no gain or loss. If the corporation purchases any of such bonds at a price in excess of the issuing price or face value, the excess of the purchase price over the issuing price or face value is a deductible expense of the income year. If, however, the corporation purchases any of such bonds at a price less than the issuing price or face value, the excess of the issuing price or face value over the purchase price is income for the income year.(B) If subsequent to December 31, 1927, in the case of taxpayers subject to Chapter 2 or December 31, 1936, in the case of taxpayers subject to Chapter 3, bonds are issued by a corporation at a premium, the net amount of such premium is income which should be prorated or amortized over the life of the bonds. If the corporation purchases any of such bonds at a price in excess of the issuing price minus any amount of premium already returned as income, the excess of the purchase price over the issuing price minus any amount of premium already returned as income (or over the face value plus any amount of premium not yet returned as income) is a deductible expense for the income year. If, however, the corporation purchases any of such bonds at a price less than the issuing price minus any amount of premium already returned as income, the excess of the issuing price, minus any amount of premium already returned as income (or of the face value plus any amount of premium not yet returned as income), over the purchase price is income for the income year.(C) If bonds are issued by a corporation at a discount, the net amount of such discount is deductible and should be prorated or amortized over the life of the bonds. If the corporation purchases any of such bonds at a price in excess of the issuing price plus any amount of discount already deducted, the excess of the purchase price over the issuing price plus any amount of discount already deducted (or over the face value minus any amount of discount not yet deducted) is a deductible expense for the income year. If, however, the corporation purchases any of such bonds at a price less than the issuing price plus any amount of discount already deducted, the excess of the issuing price, plus any amount of discount already deducted (or of the face value minus any amount of discount not yet deducted), over the purchase price is income for the income year.(D) If bonds were issued by a corporation prior to January 1, 1928, in the case of taxpayers subject to Chapter 2, or January 1, 1937 in the case of taxpayers subject to Chapter 3, at a premium, the net amount of such premium was income for the year in which the bonds were issued and should not be prorated or amortized over the life of the bonds. If the corporation purchases any of such bonds at a price in excess of the face value of the bonds, the excess of the purchase price over the face value is a deductible expense for the income year. If, however, the corporation purchases any of such bonds at a price less than the face value, the excess of the face value over the purchase price is income for the income year.Cal. Code Regs. Tit. 18, § 24271(h)
1. Repealer of subsections (1), (2) and (4), and renumbering of subsection (3) to subsection (1) filed 9-3-82; effective thirtieth day thereafter (Register 82, No. 37).[FN*]
This regulation is substantially the same as Section 26 CFR 1.61-12. Note: Authority cited and Reference: Section 26422, Revenue and Taxation Code.
1. Repealer of subsections (1), (2) and (4), and renumbering of subsection (3) to subsection (1) filed 9-3-82; effective thirtieth day thereafter (Register 82, No. 37).