US Code

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

26 U.S.C. § 58

Denial of certain losses

(a)

Denial of farm loss

(1)

In general

For purposes of computing the amount of the alternative minimum taxable income for any taxable year of a taxpayer other than a corporation—
(A)

Disallowance of farm loss

No loss of the taxpayer for such taxable year from any tax shelter farm activity shall be allowed.

(B)

Deduction in succeeding taxable year

Any loss from a tax shelter farm activity disallowed under subparagraph (A) shall be treated as a deduction allocable to such activity in the 1st succeeding taxable year.

(2)

Tax shelter farm activity

For purposes of this subsection, the term “tax shelter farm activity” means—
(A)
any farming syndicate as defined in section 461(k), and
(B)
any other activity consisting of farming which is a passive activity (within the meaning of section 469(c)).
(3)

Determination of loss

In determining the amount of the loss from any tax shelter farm activity, the adjustments of sections 56 and 57 shall apply.

(b)

Disallowance of passive activity loss

In computing the alternative minimum taxable income of the taxpayer for any taxable year, section 469 shall apply, except that in applying section 469—
(1)
the adjustments of sections 56 and 57 shall apply, and
(2)
in lieu of applying section 469(j)(7), the passive activity loss of a taxpayer shall be computed without regard to qualified housing interest (as defined in section 56(e)).
(c)

Special rules

For purposes of this section—
(1)

Special rule for insolvent taxpayers

(A)

In general

The amount of losses to which subsection (a) or (b) applies shall be reduced by the amount (if any) by which the taxpayer is insolvent as of the close of the taxable year.

(B)

Insolvent

For purposes of this paragraph, the term “insolvent” means the excess of liabilities over the fair market value of assets.

(2)

Loss allowed for year of disposition of farm shelter activity

If the taxpayer disposes of his entire interest in any tax shelter farm activity during any taxable year, the amount of the loss attributable to such activity (determined after carryovers under subsection (a)(1)(B)) shall (to the extent otherwise allowable) be allowed for such taxable year in computing alternative minimum taxable income and not treated as a loss from a tax shelter farm activity.

Pub. L. 99–514, title VII, § 701(a)100 Stat. 2335Pub. L. 100–203, title X, § 10212(b)101 Stat. 1330–406Pub. L. 100–647, title I, § 1007(d)102 Stat. 3432Pub. L. 113–295, div. A, title II, § 221(a)(58)(E)128 Stat. 4047Pub. L. 115–97, title I, § 12001(b)(9)131 Stat. 2093Pub. L. 115–141, div. U, title IV, § 401(a)(30)132 Stat. 1185(Added , , ; amended , , ; , , ; , (60)(B), , , 4048; , , ; , , .)

Editorial Notes

Prior Provisions

Pub. L. 91–172, title III, § 301(a)83 Stat. 583Pub. L. 92–178, title III, § 308(a)85 Stat. 524Pub. L. 94–455, title III, § 301(d)90 Stat. 1553Pub. L. 95–600, title IV92 Stat. 2875Pub. L. 96–222, title I, § 107(a)(1)(C)94 Stat. 222Pub. L. 97–248, title II, § 201(c)(1)96 Stat. 417Pub. L. 97–448, title III, § 306(a)(1)(A)(i)96 Stat. 2400Pub. L. 97–35496 Stat. 1688Pub. L. 97–448, title I, § 102(b)(2)96 Stat. 2369Pub. L. 98–369, div. A, title VII, § 711(a)(2)98 Stat. 942Pub. L. 99–514, title XVIII, § 1875(a)100 Stat. 2894Pub. L. 99–514, § 701(a)A prior section 58, added , , ; amended , , ; , title XIX, §§ 1901(b)(40), 1906(b)(13)(A), , , 1803, 1834; , §§ 421(c), 423(a), title VII, § 701(b)(2), , , 2877, 2898; , , ; , § 201(d)(3), formerly § 201(c)(3), , , 419, renumbered § 201(d)(3), , , ; , §§ 3(c), 5(a)(16), , , 1693; , , ; , (3)(B), , ; , , , related to rules for application of minimum tax for tax preferences, prior to the general revision of this part by .

Amendments

Pub. L. 115–1412018—Subsec. (a)(2)(A). substituted “461(k)” for “461(j)”.

Pub. L. 115–972017—Subsec. (a)(3), (4). redesignated par. (4) as (3) and struck out former par. (3). Prior to amendment, text of par. (3) read as follows: “For purposes of paragraph (1), a personal service corporation (within the meaning of section 469(j)(2)) shall be treated as a taxpayer other than a corporation.”

Pub. L. 113–295, § 221(a)(58)(E)2014—Subsec. (a)(2)(A). , substituted “section 461(j)” for “section 464(c)”.

Pub. L. 113–295, § 221(a)(60)(B)Subsec. (b). , inserted “and” at end of par. (1), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “the provisions of section 469(m) (relating to phase-in of disallowance) shall not apply, and”.

Pub. L. 100–647, § 1007(d)(1)1988—Subsec. (a)(2). , struck out “(as modified by section 461(i)(4)(A))” after “section 464(c)” in subpar. (A) and substituted “section 469(c)” for “section 469(d), without regard to paragraph (1)(B) thereof” in subpar. (B).

Pub. L. 100–647, § 1007(d)(2)Subsec. (a)(3). , substituted “469(j)(2)” for “469(g)(1)(C)”.

Pub. L. 100–647, § 1007(d)(3)Subsec. (a)(4). , added par. (4).

Pub. L. 100–647, § 1007(d)(4)Subsec. (b). , added pars. (1) to (3) and struck out former pars. (1) to (3) which read as follows:

“(1) the adjustments of section 56 shall apply,

“(2) any deduction to the extent such deduction is an item of tax preference under section 57(a) shall not be taken into account, and

“(3) the provisions of section 469(m) (relating to phase-in of disallowance) shall not apply.”

Pub. L. 100–203l1987—Subsec. (b)(3). substituted “section 469(m)” for “section 469()”.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–97section 12001(c) of Pub. L. 115–97section 11 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Effective Date of 2014 Amendment

Pub. L. 113–295section 221(b) of Pub. L. 113–295section 1 of this titleAmendment by effective , subject to a savings provision, see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–647Pub. L. 99–514section 1019(a) of Pub. L. 100–647section 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 1987 Amendment

Section 10212(c) of Pub. L. 100–203

section 501 of Pub. L. 99–514section 501(c) of Pub. L. 99–514section 469 of this title“The amendments made by this section [amending this section and sections 163 and 469 of this title] shall take effect as if included in the amendments made by section 501 of the Tax Reform Act of 1986 [, see , set out as an Effective Date note under ].”
provided that:

Effective Date

section 701(f) of Pub. L. 99–514section 55 of this titleSection applicable to taxable years beginning after , with certain exceptions and qualifications, see , set out as a note under .

Applicability of 1986 Repeal

Pub. L. 101–239, title VII, § 7811(d)(1)(B)103 Stat. 2408

Pub. L. 99–514“The repeal of section 58(h) of the Internal Revenue Code of 1954 by the Tax Reform Act of 1986 [] shall be effective only with respect to items of tax preference arising in taxable years beginning after .”
, , , provided that:

Pub. L. 99–514Applicability of Certain Amendments by in Relation to Treaty Obligations of United States

section 701(a) of Pub. L. 99–514Pub. L. 100–647Pub. L. 99–514Pub. L. 100–647section 861 of this titleFor applicability of amendment by [enacting this section] notwithstanding any treaty obligation of the United States in effect on , with provision that for such purposes any amendment by title I of be treated as if it had been included in the provision of to which such amendment relates, see section 1012(aa)(2), (4) of , set out as a note under .