Exhibit 8.1

June 4, 2018

Bank of America Corporation

Bank of America Corporate Center

100 North Tryon Street

Charlotte, North Carolina 28255

Ladies and Gentlemen:

As United States tax counsel to Bank of America Corporation (the “Issuer”) in connection with the registration statement (the “Registration Statement”) filed with the Securities and Exchange Commission (the “Commission”) on May 1, 2015 (File No. 333-202354), we hereby confirm to you that the discussion set forth under the heading “U.S. Federal Income Tax Considerations” in the prospectus forming a part of the Registration Statement is our opinion and the discussion set forth under the heading “U.S. Federal Income Tax Considerations” in the prospectus supplement dated September 11, 2017 and filed with the Commission pursuant to Rule 424(b) under the Securities Act of 1933 on the same date relating to the Medium-Term Notes, Series M (the “Securities”), is our opinion, in each case subject to the qualifications and limitations set forth therein. For the avoidance of doubt, solely for the purposes of this opinion, each reference to “Morrison & Foerster LLP” in each of the aforementioned tax discussions should be read as a reference to “Sidley Austin LLP.”

We hereby consent to the filing of this opinion as an exhibit to the Registration Statement. If a prospectus supplement, product supplement or pricing supplement relating to the offer and sale of any particular Securities is prepared and filed by the Issuer with the Commission on a future date and such prospectus supplement, product supplement or pricing supplement contains our opinion and a reference to us, this consent shall apply to our opinion and the reference to us. In giving such consent, we do not thereby admit that we are in the category of persons whose consent is required under Section 7 of the Securities Act of 1933.

Sidley Austin (NY) LLP is a Delaware limited liability partnership doing business as Sidley Austin LLP and practicing in affiliation with other Sidley Austin partnerships.