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INTEREST PAID ON SAVINGS BONDS
AND OTHER UNITED STATES OBLIGATIONS
IN GENERAL
Interest on United States obligations issued on or after
March 1, 1941,
and obligations issued by any agency or instrumentality
of the United
States after that date, is fully taxable. Reg. Section
1.61-7(b)(3). A
cash-basis taxpayer who owns United States savings bonds
issued at a
discount, however, has an election under the provisions
of Code Section
454 as to when to report the interest. See Section
9.4(b).
The interest generally is taxed to the owner of the
bond. However, in the
case of co-owners, it is generally taxed to the co-owner
who bought the
bond. Thus, if one taxpayer uses his funds to buy a bond
that is owned by
co-owners, that taxpayer must pay tax on the interest.
This is true even
if the other co-owner redeems the bond and keeps all the
proceeds.
COMPLIANCE TIP: Under these circumstances, the other
co-owner will
receive a Form 1099-INT at the time of redemption. The
other co-owner
is a nominee, and must provide the co-owner who is taxed
with another
Form 1099-INT showing the amount of interest from the
bond that is
taxable.
If co-owners each contribute part of the bond's purchase
price, the
interest is generally taxable to the co-owners in
proportion to the amount
each paid. For spouses in community states that hold
bonds as community
property, rather than as separate property, one-half of
the interest is
considered received by each, and each generally must
report one-half the
interest. However, community property exempt from
federal tax generally
(e.g., municipal bond interest) keeps its exempt status
for both spouses.
IRS Publication 555, Community Property. Community
property is discussed
in Ch. 757.
Generally, interest earned from United States government
obligations is
exempt from state, but not federal, income taxation. The
Ninth Circuit has
held, however, that with respect to the Territory of
Guam, interest on
bonds of the United States is subject to the territorial
income tax
because the Guam tax was enacted by the United States
Congress rather than
the local authority. Gumataotao v. Director of
Department of Revenue and
Taxation, No. 99-15997 (9th Cir. Jan. 1, 2001).

    
 
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