26 U.S.C. § 441 | Period for computation of taxable income

(a)

Computation of taxable income

Taxable income shall be computed on the basis of the taxpayer’s taxable year.

(b)

Taxable year

For purposes of this subtitle, the term “taxable year” means—

(1)

the taxpayer’s annual accounting period, if it is a calendar year or a fiscal year;

(2)

the calendar year, if subsection (g) applies;

(3)

the period for which the return is made, if a return is made for a period of less than 12 months; or

(4)

in the case of a DISC filing a return for a period of at least 12 months, the period determined under subsection (h).

(c)

Annual accounting period

For purposes of this subtitle, the term “annual accounting period” means the annual period on the basis of which the taxpayer regularly computes his income in keeping his books.

(d)

Calendar year

For purposes of this subtitle, the term “calendar year” means a period of 12 months ending on December 31.

(e)

Fiscal year

For purposes of this subtitle, the term “fiscal year” means a period of 12 months ending on the last day of any month other than December. In the case of any taxpayer who has made the election provided by subsection (f) the term means the annual period (varying from 52 to 53 weeks) so elected.

(f)

Election of year consisting of 52–53 weeks

(1)

General rule

A taxpayer who, in keeping his books, regularly computes his income on the basis of an annual period which varies from 52 to 53 weeks and ends always on the same day of the week and ends always—

(A)

on whatever date such same day of the week last occurs in a calendar month, or

(B)

on whatever date such same day of the week falls which is nearest to the last day of a calendar month,

may (in accordance with the regulations prescribed under paragraph (3)) elect to compute his taxable income for purposes of this subtitle on the basis of such annual period. This paragraph shall apply to taxable years ending after the date of the enactment of this title.

(2)

Special rules for 52–53-week year

(A)

Effective dates

In any case in which the effective date or the applicability of any provision of this title is expressed in terms of taxable years beginning, including, or ending with reference to a specified date which is the first or last day of a month, a taxable year described in paragraph (1) shall (except for purposes of the computation under section 15) be treated—

(i)

as beginning with the first day of the calendar month beginning nearest to the first day of such taxable year, or

(ii)

as ending with the last day of the calendar month ending nearest to the last day of such taxable year,

as the case may be.

(B)

Change in accounting period

In the case of a change from or to a taxable year described in paragraph (1)—

(i)

if such change results in a short period (within the meaning of section 443) of 359 days or more, or of less than 7 days, section 443(b) (relating to alternative tax computation) shall not apply;

(ii)

if such change results in a short period of less than 7 days, such short period shall, for purposes of this subtitle, be added to and deemed a part of the following taxable year; and

(iii)

if such change results in a short period to which subsection (b) of section 443 applies, the taxable income for such short period shall be placed on an annual basis for purposes of such subsection by multiplying the gross income for such short period (minus the deductions allowed by this chapter for the short period, but only the adjusted amount of the deductions for personal exemptions as described in section 443(c)) by 365, by dividing the result by the number of days in the short period, and the tax shall be the same part of the tax computed on the annual basis as the number of days in the short period is of 365 days.

(3)

Special rule for partnerships, S corporations, and personal service corporations

The Secretary may by regulation provide terms and conditions for the application of this subsection to a partnership, S corporation, or personal service corporation (within the meaning of section 441(i)(2)).

(4)

Regulations

The Secretary shall prescribe such regulations as he deems necessary for the application of this subsection.

(g)

No books kept; no accounting period

Except as provided in section 443 (relating to returns for periods of less than 12 months), the taxpayer’s taxable year shall be the calendar year if—

(1)

the taxpayer keeps no books;

(2)

the taxpayer does not have an annual accounting period; or

(3)

the taxpayer has an annual accounting period, but such period does not qualify as a fiscal year.

(h)

Taxable year of DISC’s

(1)

In general

For purposes of this subtitle, the taxable year of any DISC shall be the taxable year of that shareholder (or group of shareholders with the same 12-month taxable year) who has the highest percentage of voting power.

(2)

Special rule where more than one shareholder (or group) has highest percentage

If 2 or more shareholders (or groups) have the highest percentage of voting power under paragraph (1), the taxable year of the DISC shall be the same 12-month period as that of any such shareholder (or group).

(3)

Subsequent changes of ownership

The Secretary shall prescribe regulations under which paragraphs (1) and (2) shall apply to a change of ownership of a corporation after the taxable year of the corporation has been determined under paragraph (1) or (2) only if such change is a substantial change of ownership.

(4)

Voting power determined

For purposes of this subsection, voting power shall be determined on the basis of total combined voting power of all classes of stock of the corporation entitled to vote.

(i)

Taxable year of personal service corporations

(1)

In general

For purposes of this subtitle, the taxable year of any personal service corporation shall be the calendar year unless the corporation establishes, to the satisfaction of the Secretary, a business purpose for having a different period for its taxable year. For purposes of this paragraph, any deferral of income to shareholders shall not be treated as a business purpose.

(2)

Personal service corporation

For purposes of this subsection, the term “personal service corporation” has the meaning given such term by section 269A(b)(1), except that section 269A(b)(2) shall be applied—

(A)

by substituting “any” for “more than 10 percent”, and

(B)

by substituting “any” for “50 percent or more in value” in section 318(a)(2)(C).

A corporation shall not be treated as a personal service corporation unless more than 10 percent of the stock (by value) in such corporation is held by employee-owners (within the meaning of section 269A(b)(2), as modified by the preceding sentence). If a corporation is a member of an affiliated group filing a consolidated return, all members of such group shall be taken into account in determining whether such corporation is a personal service corporation.

Aug. 16, 1954, ch. 736 68A Stat. 148 Pub. L. 88–272, title II, § 235(c)(3)Feb. 26, 196478 Stat. 127 Pub. L. 94–455, title XIX, § 1906(b)(13)(A)Oct. 4, 197690 Stat. 1834 Pub. L. 95–30, title I, § 102(b)(5)May 23, 197791 Stat. 137 Pub. L. 98–369, div. A, title IV, § 474(b)(2)July 18, 198498 Stat. 830 Pub. L. 99–514, title I, § 104(b)(6)Oct. 22, 1986100 Stat. 2105 Pub. L. 100–647, title I, § 1008(e)(4)Nov. 10, 1988102 Stat. 3440 Pub. L. 110–172, § 11(g)(7)Dec. 29, 2007121 Stat. 2490(, ; , , ; , , ; , , ; , title VIII, § 803, , , 1000; , title VIII, § 806(c)(1), (d), , , 2364; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 110–172, § 11(g)(7)(A)2007—Subsec. (b)(4). , struck out “FSC or” before “DISC filing”.

Pub. L. 110–172, § 11(g)(7)(B)Subsec. (h). , struck out “FSC’s and” before “DISC’s” in heading and “FSC or” before “DISC” in pars. (1) and (2).

Pub. L. 100–6471988—Subsec. (i)(2). inserted at end “A corporation shall not be treated as a personal service corporation unless more than 10 percent of the stock (by value) in such corporation is held by employee-owners (within the meaning of section 269A(b)(2), as modified by the preceding sentence). If a corporation is a member of an affiliated group filing a consolidated return, all members of such group shall be taken into account in determining whether such corporation is a personal service corporation.”

Pub. L. 99–514, § 104(b)(6)1986—Subsec. (f)(2)(B)(iii). , struck out “and by adding the zero bracket amount,” after “in the short period,”.

Pub. L. 99–514, § 806(d)Subsec. (f)(3), (4). , added par. (3) and redesignated former par. (3) as (4).

Pub. L. 99–514, § 806(c)(1)Subsec. (i). , added subsec. (i).

Pub. L. 98–369, § 803(a)1984—Subsec. (b)(4). , added par. (4).

Pub. L. 98–369, § 474(b)(2)Subsec. (f)(2)(A). , substituted “section 15” for “section 21” in provisions preceding cl. (i).

Pub. L. 98–369, § 803(b)Subsec. (h). , added subsec. (h).

Pub. L. 95–301977—Subsec. (f)(2)(B)(iii). substituted “multiplying the gross income for such short period (minus the deductions allowed by this chapter for the short period, but only the adjusted amount of the deductions for personal exemptions as described in section 443(c)) by 365, by dividing the result by the number of days in the short period, and by adding the zero bracket amount” for “multiplying such income by 365 and dividing the result by the number of days in the short period”.

Pub. L. 94–4551976—Subsec. (f)(3). struck out “or his delegate” after “Secretary”.

Pub. L. 88–2721964—Subsec. (f)(2)(A). inserted “, including,” before “or ending with reference to”.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Pub. L. 100–647 Pub. L. 99–514 section 1019(a) of Pub. L. 100–647 section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see , set out as a note under .

Effective Date of 1986 Amendment

section 104(b)(6) of Pub. L. 99–514Dec. 31, 1986section 151(a) of Pub. L. 99–514 section 1 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Pub. L. 99–514Dec. 31, 1986section 806(e) of Pub. L. 99–514 section 1378 of this titleAmendment by section 806(c)(1), (d) of applicable to taxable years beginning after , with special provisions applicable to taxpayers who are required to change their accounting periods, see , set out as a note under .

Effective Date of 1984 Amendment

section 474(b)(2) of Pub. L. 98–369Dec. 31, 1983section 475(a) of Pub. L. 98–369 section 21 of this titleAmendment by applicable to taxable years beginning after , and to carrybacks from such years, see , set out as a note under .

section 803 of Pub. L. 98–369Dec. 31, 1984section 805(a)(4) of Pub. L. 98–369 section 245 of this titleAmendment by applicable to taxable years beginning after , see , as amended, set out as a note under .

Effective Date of 1977 Amendment

Pub. L. 95–30Dec. 31, 1976section 106(a) of Pub. L. 95–30 section 1 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Effective Date of 1964 Amendment

Pub. L. 88–272Dec. 31, 1963section 235(d) of Pub. L. 88–272 section 269 of this titleAmendment by applicable to taxable years ending after , see , set out as a note under .

Section 806 of Pub. L. 99–514Construction of

section 806 of Pub. L. 99–514 section 1008(e)(9) of Pub. L. 100–647 section 1378 of this titleNothing in or in any legislative history relating thereto to be construed as requiring the Secretary of the Treasury or his delegate to permit an automatic change of a taxable year, see , set out as a note under .