Treasury Regulations · 26 CFR
§ 1.382-12. Determination of adjusted Federal long-term rate.
Regulation text, no changes From the eCFR, current as of October 15, 2026. The eCFR is an authoritative but unofficial editorial compilation of the Code of Federal Regulations; the official text is the annual CFR on govinfo. Compare it with this section on ecfr.gov (external site) or the official annual CFR on govinfo (external site).
Regulation under 26 U.S.C. § 382
Cite as 26 CFR § 1.382-12
At a glance
Read from the text and its source citation. Not part of the regulation.
- Status
- In the current eCFR
- Issued
- April 26, 2016 by T.D. 9763
- Issued under
- 26 U.S.C. § 382
- Length
- 300 words · about 1 min to read
- Cross-references
- cites 3 Code sections and 0 regulations; cited by 1
¶(a) In general. The long-term tax-exempt rate for an ownership change is the highest of the adjusted Federal long-term rates in effect for any month in the 3-calendar-month period ending with the calendar month in which the change date occurs. For purposes of the previous sentence, the adjusted Federal long-term rate is the Federal long-term rate determined under section 1274(d) (without regard to paragraphs (2) and (3) thereof), adjusted for differences between rates on long-term taxable and tax-exempt obligations. The Secretary calculates the adjusted Federal long-term rate as provided in paragraph (b) of this section. The Internal Revenue Service publishes the long-term tax-exempt rate and the adjusted Federal long-term rate for each month in the Internal Revenue Bulletin (see § 601.601(d)(2)(ii) of this chapter).
¶(b) Adjusted Federal long-term rate. The adjusted Federal long-term rate for a calendar month is the product of the Federal long-term rate determined under section 1274(d) for that month, based on annual compounding, multiplied by the adjustment factor described in paragraph (c) of this section.
¶(c) Adjustment factor. The adjustment factor is a percentage equal to—
¶(1) The excess of 100 percent, over
¶(d) Effective/applicability date. The rules of this section apply to the determination of the long-term tax-exempt rate and the adjusted Federal long-term rate beginning with the rates determined during August 2016 that apply during September 2016.
[T.D. 9763, 81 FR 24483, Apr. 26, 2016]
Cross-references
Computed from the citations in the text of 26 CFR.
Code sections it cites
- § 1274 Determination of issue price in the case of certain debt instruments issued for property
- § 1 Tax imposed
- § 1411 Imposition of tax
Cited by 1 other regulation
Amendment history
From the source citation at the end of the section, newest first. T.D. is a Treasury decision; FR is the Federal Register.
- Issued by T.D. 9763 (81 FR 24483)
Where it sits in 26 CFR
- Subchapter A Income tax
- Part 1 Income taxes
- Carryovers
Nearby sections
- § 1.382-8 Controlled groups.
- § 1.382-9 Special rules under section 382 for corporations under the jurisdiction of a court in a title 11 or similar case.
- § 1.382-10 Special rules for determining time and manner of acquisition of an interest in a loss corporation.
- § 1.382-11 Reporting requirements.
- § 1.382-12 Determination of adjusted Federal long-term rate.
- § 1.383-0 Effective date.
- § 1.383-1 Special limitations on certain capital losses and excess credits.
- § 1.385-1 General provisions.
- § 1.385-3 Certain distributions of debt instruments and similar transactions.