[Code of Federal Regulations]
[Title 26, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.103-4]
[Page 353]
TITLE 26--INTERNAL REVENUE
CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY
(CONTINUED)
PART 1--INCOME TAXES--Table of Contents
Sec. 1.103-4 Interest upon United States obligations.
(a) Issued before March 1, 1941. (1) Interest upon obligations of
the United States issued on or before September 1, 1917, is exempt from
tax. In the case of obligations issued by the United States after
September 1, 1917, and in the case of obligations of a corporation
organized under act of Congress, if such corporation is an
instrumentality of the United States, the interest is exempt from tax
only if and to the extent provided in the acts authorizing the issue
thereof, as amended and supplemented.
(2) Interest on Treasury bonds issued before March 1, 1941, is
exempt from Federal income taxes except surtaxes imposed upon the income
or profits of individuals, associations, or corporations. However,
interest on an aggregate of not exceeding $5,000 principal amount of
such bonds is also exempt from surtaxes. Interest in excess of the
interest on an aggregate of not exceeding $5,000 principal amount of
such bonds is subject to surtax and must be included in gross income.
(3) Interest credited to postal savings accounts upon moneys
deposited before March 1, 1941, in postal savings banks is wholly exempt
from income tax.
(b) Issued on or after March 1, 1941. (1) Under the provisions of
sections 4 and 5 of the Public Debt Act of 1941 (31 U.S.C. 742a),
interest upon obligations issued on or after March 1, 1941, by the
United States, or any agency or instrumentality thereof, shall not have
any exemption, as such, from Federal income tax except in respect of any
such obligations which the Federal Maritime Board and Maritime
Administration (formerly United States Maritime Commission) or the
Federal Housing Administration has, before March 1, 1941, contracted to
issue at a future date. The interest on such obligations so contracted
to be issued shall bear such tax-exemption privileges as were at the
time of such contract provided in the law authorizing their issuance.
For the purposes hereof, under section 4(a) of the Public Debt Act of
1941, a Territory and a possession of the United States (or any
political subdivisions thereof), and the District of Columbia, and any
agency or instrumentality of any one or more of the foregoing, shall not
be considered as an agency or instrumentality of the United States.
(2) In the case of obligations issued as the result of a refunding
operation, as, for example, where a corporation exchanges bonds for
previously issued bonds, the refunding obligations are deemed, for the
purposes of this section, to have been issued at the time of the
exchange rather than at the time the original bonds were issued.