Public Law 119-73 (01/23/2026)

26 U.S.C. § 1379

Transitional rules on enactment

(a)

Old elections

Any election made under section 1372(a) (as in effect before the enactment of the Subchapter S Revision Act of 1982) shall be treated as an election made under section 1362.

(b)

References to prior law included

Any references in this title to a provision of this subchapter shall, to the extent not inconsistent with the purposes of this subchapter, include a reference to the corresponding provision as in effect before the enactment of the Subchapter S Revision Act of 1982.

(c)

Distributions of undistributed taxable income

If a corporation was an electing small business corporation for the last preenactment year, subsections (f) and (d) of section 1375 (as in effect before the enactment of the Subchapter S Revision Act of 1982) shall continue to apply with respect to distributions of undistributed taxable income for any taxable year beginning before .

(d)

Carryforwards

If a corporation was an electing small business corporation for the last preenactment year and is an S corporation for the 1st postenactment year, any carryforward to the 1st post­enactment year which arose in a taxable year for which the corporation was an electing small business corporation shall be treated as arising in the 1st postenactment year.

(e)

Preenactment and postenactment years defined

For purposes of this subsection—
(1)

Last preenactment year

The term “last preenactment year” means the last taxable year of a corporation which begins before .

(2)

1st postenactment year

The term “1st postenactment year” means the 1st taxable year of a corporation which begins after .

Pub. L. 97–354, § 296 Stat. 1686Pub. L. 98–369, div. A, title VII, § 721(n)98 Stat. 969(Added , , ; amended , , .)

Editorial Notes

References in Text

Pub. L. 97–354The enactment of the Subchapter S Revision Act of 1982, referred to in subsecs. (a) to (c), is the enactment of , which was approved .

Prior Provisions

Pub. L. 91–172, title V, § 531(a)83 Stat. 654Pub. L. 93–406, title II, § 2001(b)88 Stat. 952Pub. L. 97–34, title III, § 312(c)(6)95 Stat. 284Pub. L. 97–248, title II, § 238(c)96 Stat. 513section 2 of Pub. L. 97–354A prior section 1379, added , , ; amended , , ; , , ; , , , related to certain qualified pension, etc., plans, prior to the general revision of this subchapter by .

Amendments

Pub. L. 98–3691984—Subsec. (b). struck out “In applying this subchapter to any taxable year beginning after ,” and substituted “Any references in this title to a provision” for “any reference in this subchapter to another provision”.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–369Pub. L. 97–354section 721(y)(1) of Pub. L. 98–369section 1361 of this titleAmendment by effective as if included in Subchapter S Revision Act of 1982, , see , set out as a note under .

Effective Date

Pub. L. 97–354section 1361 of this titleSection applicable to taxable years beginning after , except that this section as in effect before , to remain in effect for years beginning before , see section 6(a), (b)(1) of , set out as a note under .

Coordination of Repeals of Certain Sections

section 713(d)(8) of Pub. L. 98–369section 404 of this titleSubsec. (b) of this section as in effect on day before , inapplicable to any section 401(j) plan, see , set out as a note under .