total return
(5) Special rules for original issue discount on certain high yield obligations (A) In general In the case of an applicable high yield discount obligation issued by a corporation— (i) no deduction shall be allowed under this chapter for the disqualified portion of the original issue discount on such obligation, and (ii) the remainder of such original issue discount shall not be allowable as a deduction until paid. For purposes of this paragraph, rules similar to the rules of subsection (i)(3)(B) shall apply in determining the amount of the original issue discount and when the original issue discount is paid. (B) Disqualified portion treated as stock distribution for purposes of dividend received deduction (i) In general Solely for purposes of sections 243, 245, 246, and 246A, the dividend equivalent portion of any amount includible in gross income of a corporation under section 1272(a) in respect of an applicable high yield discount obligation shall be treated as a dividend received by such corporation from the corporation issuing such obligation. (ii) Dividend equivalent portion For purposes of clause (i), the dividend equivalent portion of any amount includible in gross income under section 1272(a) in respect of an applicable high yield discount obligation is the portion of the amount so includible— (I) which is attributable to the disqualified portion of the original issue discount on such obligation, and (II) which would have been treated as a dividend if it had been a distribution made by the issuing corporation with respect to stock in such corporation. (C) Disqualified portion (i) In general For purposes of this paragraph, the disqualified portion of the original issue discount on any applicable high yield discount obligation is the lesser of— (I) the amount of such original issue discount, or (II) the portion of the total return on such obligation which bears the same ratio to such total return as the disqualified yield on such obligation bears to the yield to maturity on such obligation. (ii) Definitions For purposes of clause (i), the term “disqualified yield” means the excess of the yield to maturity on the obligation over the sum referred to in subsection (i)(1)(B) plus 1 percentage point, and the term “total return” is the amount which would have been the original issue discount on the obligation if interest described in the parenthetical in section 1273(a)(2) were included in the stated redemption price at maturity. (D) Exception for S corporations This paragraph shall not apply to any obligation issued by any corporation for any period for which such corporation is an S corporation. (E) Effect on earnings and profits This paragraph shall not apply for purposes of determining earnings and profits; except that, for purposes of determining the dividend equivalent portion of any amount includible in gross income under section 1272(a) in respect of an applicable high yield discount obligation, no reduction shall be made for any amount attributable to the disqualified portion of any original issue discount on such obligation. (F) Suspension of application of paragraph (i) Temporary suspension This paragraph shall not apply to any applicable high yield discount obligation issued during the period beginning on September 1, 2008 , and ending on December 31, 2009 , in exchange (including an exchange resulting from a modification of the debt instrument) for an obligation which is not an applicable high yield discount obligation and the issuer (or obligor) of which is the same as the issuer (or obligor) of such applicable high yield discount obligation. The preceding sentence shall not apply to any obligation the interest on which is interest described in section 871(h)(4) (without regard to subparagraph (D) thereof) or to any obligation issued to a related person (within the meaning of section 108(e)(4)). (ii) Successive application Any obligation to which clause (i) applies shall not be treated as an applicable high yield discount obligation for purposes of applying this subparagraph to any other obligation issued in exchange for such obligation. (iii) Secretarial authority to suspend application The Secretary may apply this paragraph with respect to debt instruments issued in periods following the period described in clause (i) if the Secretary determines that such application is appropriate in light of distressed conditions in the debt capital markets. (G) Cross reference For definition of applicable high yield discount obligation, see subsection (i).