Person
The term “person” shall be construed to mean an+d include an individual, a trust, estate, partnership, association, company or corporation.
Partnership and partner
The term “partnership” includes a syndicate, group, pool, joint venture, or other unincorporated organization, through or by means of which any business, financial operation, or venture is carried on, and which is not, within the meaning of this title, a trust or estate or a corporation; and the term “partner” includes a member in such a syndicate, group, pool, joint venture, or organization.
Corporation
The term “corporation” includes associations, joint-stock companies, and insurance companies.
Domestic
The term “domestic” when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations.
Foreign
The term “foreign” when applied to a corporation or partnership means a corporation or partnership which is not domestic.
Fiduciary
The term “fiduciary” means a guardian, trustee, executor, administrator, receiver, conservator, or any person acting in any fiduciary capacity for any person.
Stock
The term “stock” includes shares in an association, joint-stock company, or insurance company.
Shareholder
The term “shareholder” includes a member in an association, joint-stock company, or insurance company.
United States
The term “United States” when used in a geographical sense includes only the States and the District of Columbia.
State
The term “State” shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.
Secretary of the Treasury and Secretary
Secretary of the Treasury
The term “Secretary of the Treasury” means the Secretary of the Treasury, personally, and shall not include any delegate of his.
Secretary
The term “Secretary” means the Secretary of the Treasury or his delegate.
Delegate
In general
Performance of certain functions in Guam or American Samoa
The term “delegate,” in relation to the performance of functions in Guam or American Samoa with respect to the taxes imposed by chapters 1, 2, and 21, also includes any officer or employee of any other department or agency of the United States, or of any possession thereof, duly authorized by the Secretary (directly, or indirectly by one or more redelegations of authority) to perform such functions.
Commissioner
The term “Commissioner” means the Commissioner of Internal Revenue.
Taxpayer
The term “taxpayer” means any person subject to any internal revenue tax.
Military or naval forces and armed forces of the United States
The term “military or naval forces of the United States” and the term “Armed Forces of the United States” each includes all regular and reserve components of the uniformed services which are subject to the jurisdiction of the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, and each term also includes the Coast Guard. The members of such forces include commissioned officers and personnel below the grade of commissioned officers in such forces.
Withholding agent
The term “withholding agent” means any person required to deduct and withhold any tax under the provisions of section 1441, 1442, 1443, or 1461.
Husband and wife
As used in section 2516, if the husband and wife therein referred to are divorced, wherever appropriate to the meaning of such section, the term “wife” shall be read “former wife” and the term “husband” shall be read “former husband”; and, if the payments described in such section are made by or on behalf of the wife or former wife to the husband or former husband instead of vice versa, wherever appropriate to the meaning of such section, the term “husband” shall be read “wife” and the term “wife” shall be read “husband.”
International organization
22 U.S.C. 288–288fThe term “international organization” means a public international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act ().
Domestic building and loan association
Employee
For the purpose of applying the provisions of section 79 with respect to group-term life insurance purchased for employees, for the purpose of applying the provisions of sections 104, 105, and 106 with respect to accident and health insurance or accident and health plans, and for the purpose of applying the provisions of subtitle A with respect to contributions to or under a stock bonus, pension, profit-sharing, or annuity plan, and with respect to distributions under such a plan, or by a trust forming part of such a plan, and for purposes of applying section 125 with respect to cafeteria plans, the term “employee” shall include a full-time life insurance salesman who is considered an employee for the purpose of chapter 21.
Levy
The term “levy” includes the power of distraint and seizure by any means.
Attorney General
The term “Attorney General” means the Attorney General of the United States.
Taxable year
The term “taxable year” means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which the taxable income is computed under subtitle A. “Taxable year” means, in the case of a return made for a fractional part of a year under the provisions of subtitle A or under regulations prescribed by the Secretary, the period for which such return is made.
Fiscal year
The term “fiscal year” means an accounting period of 12 months ending on the last day of any month other than December.
Paid or incurred, paid or accrued
The terms “paid or incurred” and “paid or accrued” shall be construed according to the method of accounting upon the basis of which the taxable income is computed under subtitle A.
Trade or business
The term “trade or business” includes the performance of the functions of a public office.
Tax Court
The term “Tax Court” means the United States Tax Court.
Other terms
Any term used in this subtitle with respect to the application of, or in connection with, the provisions of any other subtitle of this title shall have the same meaning as in such provisions.
Internal Revenue Code
The term “Internal Revenue Code of 1986” means this title, and the term “Internal Revenue Code of 1939” means the Internal Revenue Code enacted , as amended.
United States person
Foreign estate or trust
Foreign estate
The term “foreign estate” means an estate the income of which, from sources without the United States which is not effectively connected with the conduct of a trade or business within the United States, is not includible in gross income under subtitle A.
Foreign trust
The term “foreign trust” means any trust other than a trust described in subparagraph (E) of paragraph (30).
Cooperative bank
Regulated public utility
Pub. L. 98–369, div. A, title IV, § 4112(b)(11)98 Stat. 792 Repealed. , , ]
Enrolled actuary
The term “enrolled actuary” means a person who is enrolled by the Joint Board for the Enrollment of Actuaries established under subtitle C of the title III of the Employee Retirement Income Security Act of 1974.
Tax return preparer
In general
The term “tax return preparer” means any person who prepares for compensation, or who employs one or more persons to prepare for compensation, any return of tax imposed by this title or any claim for refund of tax imposed by this title. For purposes of the preceding sentence, the preparation of a substantial portion of a return or claim for refund shall be treated as if it were the preparation of such return or claim for refund.
Exceptions
Individual retirement plan
Joint return
The term “joint return” means a single return made jointly under section 6013 by a husband and wife.
Persons residing outside United States
Indian tribal government
In general
The term “Indian tribal government” means the governing body of any tribe, band, community, village, or group of Indians, or (if applicable) Alaska Natives, which is determined by the Secretary, after consultation with the Secretary of the Interior, to exercise governmental functions.
Special rule for Alaska Natives
No determination under subparagraph (A) with respect to Alaska Natives shall grant or defer any status or powers other than those enumerated in section 7871. Nothing in the Indian Tribal Governmental Tax Status Act of 1982, or in the amendments made thereby, shall validate or invalidate any claim by Alaska Natives of sovereign authority over lands or people.
TIN
The term “TIN” means the identifying number assigned to a person under section 6109.
Substituted basis property
Transferred basis property
The term “transferred basis property” means property having a basis determined under any provision of subtitle A (or under any corresponding provision of prior income tax law) providing that the basis shall be determined in whole or in part by reference to the basis in the hands of the donor, grantor, or other transferor.
Exchanged basis property
The term “exchanged basis property” means property having a basis determined under any provision of subtitle A (or under any corresponding provision of prior income tax law) providing that the basis shall be determined in whole or in part by reference to other property held at any time by the person for whom the basis is to be determined.
Nonrecognition transaction
The term “nonrecognition transaction” means any disposition of property in a transaction in which gain or loss is not recognized in whole or in part for purposes of subtitle A.
Determination of whether there is a collective bargaining agreement
In determining whether there is a collective bargaining agreement between employee representatives and 1 or more employers, the term “employee representatives” shall not include any organization more than one-half of the members of which are employees who are owners, officers, or executives of the employer. An agreement shall not be treated as a collective bargaining agreement unless it is a bona fide agreement between bona fide employee representatives and 1 or more employers.
Pub. L. 111–312, title III, § 301(a)124 Stat. 3300 Repealed. , , ]
Off-highway vehicles
Off-highway transportation vehicles
In general
A vehicle shall not be treated as a highway vehicle if such vehicle is specially designed for the primary function of transporting a particular type of load other than over the public highway and because of this special design such vehicle’s capability to transport a load over the public highway is substantially limited or impaired.
Determination of vehicle’s design
For purposes of clause (i), a vehicle’s design is determined solely on the basis of its physical characteristics.
Determination of substantial limitation or impairment
For purposes of clause (i), in determining whether substantial limitation or impairment exists, account may be taken of factors such as the size of the vehicle, whether such vehicle is subject to the licensing, safety, and other requirements applicable to highway vehicles, and whether such vehicle can transport a load at a sustained speed of at least 25 miles per hour. It is immaterial that a vehicle can transport a greater load off the public highway than such vehicle is permitted to transport over the public highway.
Nontransportation trailers and semitrailers
A trailer or semitrailer shall not be treated as a highway vehicle if it is specially designed to function only as an enclosed stationary shelter for the carrying on of an off-highway function at an off-highway site.
Qualified blood collector organization
Termination of United States citizenship
In general
An individual shall not cease to be treated as a United States citizen before the date on which the individual’s citizenship is treated as relinquished under section 877A(g)(4).
Dual citizens
Under regulations prescribed by the Secretary, subparagraph (A) shall not apply to an individual who became at birth a citizen of the United States and a citizen of another country.
Prohibited foreign entity
In general
Definition
The term “prohibited foreign entity” means a specified foreign entity or a foreign-influenced entity.
Determination
In general
Subject to subclause (II), for any taxable year, the determination as to whether an entity is a specified foreign entity or foreign-influenced entity shall be made as of the last day of such taxable year.
Initial taxable year
For purposes of the first taxable year beginning after the date of enactment of this paragraph, the determination as to whether an entity is a specified foreign entity described in clauses (i) through (iv) of subparagraph (B) shall be made as of the first day of such taxable year.
Specified foreign entity
Foreign-controlled entity
Foreign-influenced entity
In general
Effective control
In general
General rule
Subject to subclause (II), for purposes of clause (i)(II), the term “effective control” means 1 or more agreements or arrangements similar to those described in subclauses (II) and (III) which provide 1 or more contractual counterparties of a taxpayer with specific authority over key aspects of the production of eligible components, energy generation in a qualified facility, or energy storage which are not included in the measures of control through authority, ownership, or debt held which are described in clause (i)(I).
Guidance
The Secretary shall issue such guidance as is necessary to carry out the purposes of this clause, including the establishment of rules to prevent entities from evading, circumventing, or abusing the application of the restrictions described subparagraph (C) and subclauses (II) and (III) of this clause through a contract, agreement, or other arrangement.
Application of rules prior to issuance of guidance
Licensing and other agreements
In general
Exception
In general
Item (aa) shall not apply in the case of a bona fide purchase or sale of intellectual property.
Bona fide purchase or sale
For purposes of item (aa), any purchase or sale of intellectual property where the agreement provides that ownership of the intellectual property reverts to the contractual counterparty after a period of time shall not be considered a bona-fide purchase or sale.
Persons related to the taxpayer
For purposes of subclauses (I), (II), and (III), the term “taxpayer” shall include any person related to the taxpayer.
Contractual counterparty
For purposes of this clause, the term “contractual counterparty” means an entity with which the taxpayer has entered into a contract, agreement, or other arrangement.
Guidance
Not later than , the Secretary shall issue such guidance as is necessary to carry out the purposes of this subparagraph, including establishment of rules to prevent entities from evading, circumventing, or abusing the application of the restrictions against impermissible technology licensing arrangements with specified foreign entities, such as through temporary transfers of intellectual property, retention by a specified foreign entity of a reversionary interest in transferred intellectual property, or otherwise.
Publicly traded entities
In general
Nonapplication of certain foreign-controlled entity rules
Nonapplication of certain foreign-influenced entity rules
Exclusion of exchanges or markets in covered nations
Additional foreign-controlled entity requirements for publicly traded companies
Additional foreign-influenced entity requirements for publicly traded companies
Covered officer
Determination of control
Determination of ownership
For purposes of this paragraph, section 318(a)(2) shall apply for purposes of determining ownership of stock in a corporation. Similar principles shall apply for purposes of determining ownership of interests in any other entity.
Other definitions
Applicable critical mineral
The term “applicable critical mineral” has the same meaning given such term under section 45X(c)(6).
Covered nation
section 4872(f)(2) of title 10The term “covered nation” has the same meaning given such term under , United States Code.
Eligible component
The term “eligible component” has the same meaning given such term under section 45X(c)(1).
Energy storage technology
The term “energy storage technology” has the same meaning given such term under section 48E(c)(2).
Qualified facility
Related
The term “related” shall have the same meaning given such term under sections 267(b) and 707(b).
Beginning of construction
For purposes of applying any provision under this paragraph, the beginning of construction with respect to any property shall be determined pursuant to rules similar to the rules under Internal Revenue Service Notice 2013–29 and Internal Revenue Service Notice 2018-59 (as well as any subsequently issued guidance clarifying, modifying, or updating either such Notice), as in effect on .
Regulations and guidance
The Secretary may prescribe such regulations and guidance as may be necessary or appropriate to carry out the provisions of this paragraph, including rules to prevent the circumvention of any rules or restrictions with respect to prohibited foreign entities.
Material assistance from a prohibited foreign entity
In general
Threshold percentage for qualified facilities and energy storage technology
Threshold percentage for eligible components
In general
Adjusted threshold percentage for applicable critical minerals
Material assistance cost ratio
Qualified facilities and energy storage technology
Eligible components
Safe harbor tables
In general
Safe harbors prior to issuance
Exception
Certification requirement
Existing contract
Anti-circumvention rules
Other definitions
Eligible component
Energy storage technology
The term “energy storage technology” has the same meaning given such term under section 48E(c)(2).
Manufactured product
Qualified facility
Determination of ownership; beginning of construction
Rules similar to the rules under subparagraphs (H) and (J) of paragraph (51) shall apply for purposes of this paragraph.
Regulations and guidance
Definition of resident alien and nonresident alien
In general
Resident alien
Lawfully admitted for permanent residence
Such individual is a lawful permanent resident of the United States at any time during such calendar year.
Substantial presence test
Such individual meets the substantial presence test of paragraph (3).
First year election
Such individual makes the election provided in paragraph (4).
Nonresident alien
An individual is a nonresident alien if such individual is neither a citizen of the United States nor a resident of the United States (within the meaning of subparagraph (A)).
Special rules for first and last year of residency
First year of residency
In general
If an alien individual is a resident of the United States under paragraph (1)(A) with respect to any calendar year, but was not a resident of the United States at any time during the preceding calendar year, such alien individual shall be treated as a resident of the United States only for the portion of such calendar year which begins on the residency starting date.
Residency starting date for individuals lawfully admitted for permanent residence
In the case of an individual who is a lawfully permanent resident of the United States at any time during the calendar year, but does not meet the substantial presence test of paragraph (3), the residency starting date shall be the first day in such calendar year on which he was present in the United States while a lawful permanent resident of the United States.
Residency starting date for individuals meeting substantial presence test
In the case of an individual who meets the substantial presence test of paragraph (3) with respect to any calendar year, the residency starting date shall be the first day during such calendar year on which the individual is present in the United States.
Residency starting date for individuals making first year election
In the case of an individual who makes the election provided by paragraph (4) with respect to any calendar year, the residency starting date shall be the 1st day during such calendar year on which the individual is treated as a resident of the United States under that paragraph.
Last year of residency
Certain nominal presence disregarded
In general
For purposes of subparagraphs (A)(iii) and (B), an individual shall not be treated as present in the United States during any period for which the individual establishes that he has a closer connection to a foreign country than to the United States.
Not more than 10 days disregarded
Clause (i) shall not apply to more than 10 days on which the individual is present in the United States.
Substantial presence test
In general
In the case of days in: | The applicable multiplier is: |
|---|---|
Current year | 1 |
1st preceding year | ⅓ |
2nd preceding year | ⅙ |
Exception where individual is present in the United States during less than one-half of current year and closer connection to foreign country is established
Subparagraph (B) not to apply in certain cases
Exception for exempt individuals or for certain medical conditions
First-year election
Exempt individual defined
In general
Foreign government-related individual
Teacher or trainee
Student
Special rules for teachers, trainees, and students
Limitation on teachers and trainees
An individual shall not be treated as an exempt individual by reason of clause (ii) of subparagraph (A) for the current year if, for any 2 calendar years during the preceding 6 calendar years, such person was an exempt person under clause (ii) or (iii) of subparagraph (A). In the case of an individual all of whose compensation is described in section 872(b)(3), the preceding sentence shall be applied by substituting “4 calendar years” for “2 calendar years”.
Limitation on students
For any calendar year after the 5th calendar year for which an individual was an exempt individual under clause (ii) or (iii) of subparagraph (A), such individual shall not be treated as an exempt individual by reason of clause (iii) of subparagraph (A), unless such individual establishes to the satisfaction of the Secretary that such individual does not intend to permanently reside in the United States and that such individual meets the requirements of subparagraph (D)(ii).
Lawful permanent resident
Presence in the United States
In general
Except as provided in subparagraph (B), (C), or (D), an individual shall be treated as present in the United States on any day if such individual is physically present in the United States at any time during such day.
Commuters from Canada or Mexico
If an individual regularly commutes to employment (or self-employment) in the United States from a place of residence in Canada or Mexico, such individual shall not be treated as present in the United States on any day during which he so commutes.
Transit between 2 foreign points
If an individual, who is in transit between 2 points outside the United States, is physically present in the United States for less than 24 hours, such individual shall not be treated as present in the United States on any day during such transit.
Crew members temporarily present
An individual who is temporarily present in the United States on any day as a regular member of the crew of a foreign vessel engaged in transportation between the United States and a foreign country or a possession of the United States shall not be treated as present in the United States on such day unless such individual otherwise engages in any trade or business in the United States on such day.
Annual statements
The Secretary may prescribe regulations under which an individual who (but for subparagraph (B) or (D) of paragraph (3)) would meet the substantial presence test of paragraph (3) is required to submit an annual statement setting forth the basis on which such individual claims the benefits of subparagraph (B) or (D) of paragraph (3), as the case may be.
Taxable year
In general
For purposes of this title, an alien individual who has not established a taxable year for any prior period shall be treated as having a taxable year which is the calendar year.
Fiscal year taxpayer
Coordination with section 877
Regulations
The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection.
Includes and including
The terms “includes” and “including” when used in a definition contained in this title shall not be deemed to exclude other things otherwise within the meaning of the term defined.
Commonwealth of Puerto Rico
Where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, references in this title to possessions of the United States shall be treated as also referring to the Commonwealth of Puerto Rico.
Treatment of certain contracts for providing services, etc.
In general
Other arrangements
An arrangement (including a partnership or other pass-thru entity) which is not described in paragraph (1) shall be treated as a lease if such arrangement is properly treated as a lease, taking into account all relevant factors including factors similar to those set forth in paragraph (1).
Special rules for contracts or arrangements involving solid waste disposal, energy, and clean water facilities
In general
Qualified solid waste disposal facility
For purposes of subparagraph (A), the term “qualified solid waste disposal facility” means any facility if such facility provides solid waste disposal services for residents of part or all of 1 or more governmental units and substantially all of the solid waste processed at such facility is collected from the general public.
Cogeneration facility
For purposes of subparagraph (A), the term “cogeneration facility” means a facility which uses the same energy source for the sequential generation of electrical or mechanical power in combination with steam, heat, or other forms of useful energy.
Alternative energy facility
For purposes of subparagraph (A), the term “alternative energy facility” means a facility for producing electrical or thermal energy if the primary energy source for the facility is not oil, natural gas, coal, or nuclear power.
Water treatment works facility
For purposes of subparagraph (A), the term “water treatment works facility” means any treatment works within the meaning of section 212(2) of the Federal Water Pollution Control Act.
Storage facility
For purposes of subparagraph (A), the term “storage facility” means a facility which uses energy storage technology within the meaning of section 48(c)(6).
Paragraph (3) not to apply in certain cases
In general
Special rules for application of subparagraph (A) with respect to certain rights and allocations under the contract
Special rules for application of subparagraph (A) in the case of certain events
Temporary shut-downs, etc.
For purposes of clause (ii) of subparagraph (A), there shall not be taken into account any temporary shut-down of the facility for repairs, maintenance, or capital improvements, or any financial burden caused by the bankruptcy or similar financial difficulty of the service provider.
Reduced costs
For purposes of clause (iii) of subparagraph (A), there shall not be taken into account any significant financial benefit merely because payments by the service recipient under the contract or arrangement are decreased by reason of increased production or efficiency or the recovery of energy or other products.
Exception for certain low-income housing
Regulations
The Secretary may prescribe such regulations as may be necessary or appropriate to carry out the provisions of this subsection.
Use of related persons or pass-thru entities
Clarification of fair market value in the case of nonrecourse indebtedness
For purposes of subtitle A, in determining the amount of gain or loss (or deemed gain or loss) with respect to any property, the fair market value of such property shall be treated as being not less than the amount of any nonrecourse indebtedness to which such property is subject.
Motor vehicle operating leases
In general
Qualified motor vehicle operating agreement defined
In general
The term “qualified motor vehicle operating agreement” means any agreement with respect to a motor vehicle (including a trailer) which meets the requirements of subparagraphs (B), (C), and (D) of this paragraph.
Minimum liability of lessor
Certification by lessee; notice of tax ownership
Lessor must have no knowledge that certification is false
An agreement meets the requirements of this subparagraph if the lessor does not know that the certification described in subparagraph (C)(i) is false.
Terminal rental adjustment clause defined
In general
For purposes of this subsection, the term “terminal rental adjustment clause” means a provision of an agreement which permits or requires the rental price to be adjusted upward or downward by reference to the amount realized by the lessor under the agreement upon sale or other disposition of such property.
Special rule for lessee dealers
The term “terminal rental adjustment clause” also includes a provision of an agreement which requires a lessee who is a dealer in motor vehicles to purchase the motor vehicle for a predetermined price and then resell such vehicle where such provision achieves substantially the same results as a provision described in subparagraph (A).
Taxable mortgage pools
Treated as separate corporations
A taxable mortgage pool shall be treated as a separate corporation which may not be treated as an includible corporation with any other corporation for purposes of section 1501.
Taxable mortgage pool defined
In general
Portion of entities treated as pools
Any portion of an entity which meets the definition of subparagraph (A) shall be treated as a taxable mortgage pool.
Exception for domestic building and loan
Nothing in this subsection shall be construed to treat any domestic building and loan association (or portion thereof) as a taxable mortgage pool.
Treatment of certain equity interests
To the extent provided in regulations, equity interest of varying classes which correspond to maturity classes of debt shall be treated as debt for purposes of this subsection.
Treatment of certain REIT’s
Tax treatment of Federal Thrift Savings Fund
In general
Nondiscrimination requirements
Notwithstanding any other provision of law, the Thrift Savings Fund is not subject to the nondiscrimination requirements applicable to arrangements described in section 401(k) or to matching contributions (as described in section 401(m)), so long as it meets the requirements of this section.
Coordination with Social Security Act
section 3121(a) of this titleParagraph (1) shall not be construed to provide that any amount of the employee’s or Member’s basic pay which is contributed to the Thrift Savings Fund shall not be included in the term “wages” for the purposes of section 209 of the Social Security Act or .
Definitions
For purposes of this subsection, the terms “Member”, “employee”, and “Thrift Savings Fund” shall have the same respective meanings as when used in subchapter III of chapter 84 of title 5, United States Code.
Coordination with other provisions of law
No provision of law not contained in this title shall apply for purposes of determining the treatment under this title of the Thrift Savings Fund or any contribution to, or distribution from, such Fund.
Treatment of certain amounts paid to charity
Regulations relating to conduit arrangements
The Secretary may prescribe regulations recharacterizing any multiple-party financing transaction as a transaction directly among any 2 or more of such parties where the Secretary determines that such recharacterization is appropriate to prevent avoidance of any tax imposed by this title.
Designation of contract markets
Any designation by the Commodity Futures Trading Commission of a contract market which could not have been made under the law in effect on the day before the date of the enactment of the Commodity Futures Modernization Act of 2000 shall apply for purposes of this title except to the extent provided in regulations prescribed by the Secretary.
Convention or association of churches
For purposes of this title, any organization which is otherwise a convention or association of churches shall not fail to so qualify merely because the membership of such organization includes individuals as well as churches or because individuals have voting rights in such organization.
Clarification of economic substance doctrine
Application of doctrine
Special rule where taxpayer relies on profit potential
In general
The potential for profit of a transaction shall be taken into account in determining whether the requirements of subparagraphs (A) and (B) of paragraph (1) are met with respect to the transaction only if the present value of the reasonably expected pre-tax profit from the transaction is substantial in relation to the present value of the expected net tax benefits that would be allowed if the transaction were respected.
Treatment of fees and foreign taxes
Fees and other transaction expenses shall be taken into account as expenses in determining pre-tax profit under subparagraph (A). The Secretary shall issue regulations requiring foreign taxes to be treated as expenses in determining pre-tax profit in appropriate cases.
State and local tax benefits
For purposes of paragraph (1), any State or local income tax effect which is related to a Federal income tax effect shall be treated in the same manner as a Federal income tax effect.
Financial accounting benefits
For purposes of paragraph (1)(B), achieving a financial accounting benefit shall not be taken into account as a purpose for entering into a transaction if the origin of such financial accounting benefit is a reduction of Federal income tax.
Definitions and special rules
Economic substance doctrine
The term “economic substance doctrine” means the common law doctrine under which tax benefits under subtitle A with respect to a transaction are not allowable if the transaction does not have economic substance or lacks a business purpose.
Exception for personal transactions of individuals
In the case of an individual, paragraph (1) shall apply only to transactions entered into in connection with a trade or business or an activity engaged in for the production of income.
Determination of application of doctrine not affected
The determination of whether the economic substance doctrine is relevant to a transaction shall be made in the same manner as if this subsection had never been enacted.
Transaction
The term “transaction” includes a series of transactions.
Cross references
Other definitions
For other definitions, see the following sections of Title 1 of the United States Code:
Effect of cross references
For effect of cross references in this title, see section 7806(a).
Aug. 16, 1954, ch. 736 68A Stat. 911 Pub. L. 86–70, § 22(g)73 Stat. 146 Pub. L. 86–624, § 18(i)74 Stat. 416 Pub. L. 86–778, title I, § 103(t)74 Stat. 941 Pub. L. 87–83476 Stat. 982 Pub. L. 87–870, § 5(a)76 Stat. 1161 Pub. L. 88–272, title II78 Stat. 36 Pub. L. 89–368, title I, § 102(b)(5)80 Stat. 64 Pub. L. 89–809, title I, § 103l80 Stat. 1554 Pub. L. 90–364, title I, § 103(e)(6)82 Stat. 264 Pub. L. 91–172, title IV, § 432(c)83 Stat. 622 Pub. L. 92–606, § 1(f)(4)86 Stat. 1497 Pub. L. 93–406, title III, § 304388 Stat. 1003 Pub. L. 94–455, title XII, § 1203(a)90 Stat. 1688 Pub. L. 95–600, title I, § 157(k)(2)92 Stat. 2809 Pub. L. 97–34, title VII, § 725(c)(4)95 Stat. 346 Pub. L. 97–248, title II, § 201(d)(10)96 Stat. 421 Pub. L. 97–448, title III, § 306(a)(1)(A)(i)96 Stat. 2400 Pub. L. 97–449, § 5(e)96 Stat. 2442 Pub. L. 97–473, title II, § 20396 Stat. 2611 Pub. L. 98–67, title I97 Stat. 369 Pub. L. 98–216, § 3(c)(2)98 Stat. 6 Pub. L. 98–369, div. A, title I98 Stat. 518 Pub. L. 98–443, § 9(q)98 Stat. 1708 Pub. L. 99–514, title II, § 201(c)l100 Stat. 2138 Pub. L. 100–202, § 101(m) [title VI, § 624(a)]101 Stat. 1329–390 Pub. L. 100–647, § 1(c)102 Stat. 3342 Pub. L. 101–194, title VI, § 602103 Stat. 1762 Pub. L. 101–508, title XI104 Stat. 1388–519 Pub. L. 102–90, title III, § 314(e)105 Stat. 470 Pub. L. 102–318, title V, § 521(b)(43)106 Stat. 313 Pub. L. 103–66, title XIII, § 13238107 Stat. 508 Pub. L. 103–296, title III, § 320(a)(3)108 Stat. 1535 Pub. L. 104–88, title III, § 304(e)109 Stat. 944 Pub. L. 104–188, title I110 Stat. 1790 Pub. L. 105–34, title XI111 Stat. 986 Pub. L. 106–554, § 1(a)(7) [title IV, § 401(i)]114 Stat. 2763 Pub. L. 107–16, title V, § 542(e)(3)115 Stat. 85 Pub. L. 108–311, title II, § 207(24)118 Stat. 1178 Pub. L. 108–357, title VIII118 Stat. 1570 Pub. L. 109–135, title IV, § 403(v)(2)119 Stat. 2628 Pub. L. 109–280, title XII120 Stat. 1071 Pub. L. 110–28, title VIII, § 8246(a)(1)121 Stat. 200 Pub. L. 110–245, title III, § 301(c)(1)122 Stat. 1646 Pub. L. 111–152, title I, § 1409(a)124 Stat. 1067 Pub. L. 111–312, title III, § 301(a)124 Stat. 3300 Pub. L. 113–295, div. A, title II, § 221(a)(119)128 Stat. 4055 Pub. L. 115–97, title I131 Stat. 2090 Pub. L. 115–141, div. U, title IV, § 401(a)(331)132 Stat. 1200 Pub. L. 117–169, title I, § 13102(n)136 Stat. 1920 Pub. L. 117–286, § 4(c)(33)136 Stat. 4358 Pub. L. 119–21, title VII, § 70512(c)139 Stat. 253 (, ; , (h), , ; , (j), , ; , , ; , §§ 6(c), 7(h), , , 988; , , ; , §§ 204(a)(3), 234(b)(3), , , 114; , , ; ()(1), , ; , , ; , (d), title IX, § 960(j), , , 623, 735; , , ; , , ; , title XIX, § 1906(a)(57), (b)(13)(A), (c)(3), , , 1832, 1834, 1835; , title VII, § 701(cc)(2), , , 2923; , , ; , formerly § 201(c)(10), title III, §§ 307(a)(17), 308(a), 336(a), , , 590, 591, 628, renumbered § 201(d)(10) and amended , (b)(3), , , 2406; , , ; , , ; , §§ 102(a), 104(d)(1), , , 379; , , ; , §§ 31(e), 43(a)(1), 53(c), 75(c), 138(a), title IV, §§ 412(b)(11), 422(d)(3), 474(r)(29)(K), 491(d)(53), title V, § 526(c)(1), , , 558, 567, 595, 672, 792, 798, 845, 852, 874; , , ; , (d)(14), title VI, §§ 671(b)(3), 673, title XI, §§ 1137, 1147(a), 1166(a), title XVIII, §§ 1802(a)(9)(C), 1810()(1)–(5)(A), 1842(d), 1899A(63), (64), , , 2142, 2317, 2319, 2486, 2493, 2511, 2790, 2830–2832, 2853, 2962; , , , 1329–429; , title I, §§ 1001(d)(2)(D), 1002(a)(2), 1006(t)(12), (25)(A), 1011A(m)(1), 1011B(e), 1018(g)(3), , , 3351, 3352, 3422, 3426, 3483, 3489, 3583; , , ; , §§ 11704(a)(34), 11812(b)(13), , , 1388–536; , , ; , , ; , , ; , , ; , , ; , §§ 1402(b)(3), 1621(b)(8), (9), 1907(a)(1), (2), , , 1867, 1916; , §§ 1151(a), 1174(b), title XVI, § 1601(i)(3)(A), , , 989, 1093; , , , 2763A–650; , , ; , , ; , §§ 804(b), 835(b)(10), (11), 852(a), , , 1594, 1609; , , ; , §§ 1207(f), 1222, , , 1089; , , ; , (2)(B), (C), , ; , , ; , , ; , , ; , §§ 11051(b)(4), 13304(a)(2)(F), , , 2125; , (332), (b)(54), (55), , , 1205; , , ; , , ; , , .)
Editorial Notes
References in Text
section 5316 of Title 42Part A and part B of title I of the Housing Act of 1949, referred to in subsec. (a)(19)(C)(vi), which were classified generally to part A (§ 1450 et seq.) and part B (§ 1469 et seq.) of subchapter II of chapter 8A of Title 42, The Public Health and Welfare, were omitted from the Code pursuant to , which terminated authority to make new loans and grants under title I of that Act after .
section 3303 of Title 42section 5316 of Title 42Section 103 of the Demonstration Cities and Metropolitan Development Act of 1966, referred to in subsec. (a)(19)(C)(vi), which was classified to , The Public Health and Welfare, was omitted from the Code pursuant to , which terminated authority to make new loans and grants under title I (§ 101 et seq.) of that Act after .
act Feb. 10, 1939, ch. 2 53 Stat. 1 Pub. L. 99–514, § 2100 Stat. 2095 section 1 of this titleThe Internal Revenue Code of 1939, referred to in subsec. (a)(29), is , . Prior to the enactment of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], the 1939 Code was classified to former Title 26, Internal Revenue Code. The Internal Revenue Code of 1954 was redesignated The Internal Revenue Code of 1986 by , , . For table of comparisons of the 1939 Code to the 1986 Code, see Table I preceding .
Pub. L. 93–40688 Stat. 829 section 1001 of Title 29The Employee Retirement Income Security Act of 1974, referred to in subsec. (a)(35), is , , . Subtitle C of title III of the Employee Retirement Income Security Act of 1974 is classified to subtitle C (§ 1241 et seq.) of subchapter II of chapter 18 of Title 29, Labor, and amended subsec. (a)(35) of this section. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 97–47396 Stat. 2607 section 1 of this titleThe Indian Tribal Governmental Tax Status Act of 1982, referred to in subsec. (a)(40)(B), is title II of , , , which is classified principally to subchapter C (§ 7871) of chapter 80 of this title. For complete classification of this Act to the Code, see Short Title of 1983 Amendments note set out under and Tables.
Pub. L. 119–21The date of enactment of this paragraph, referred to in subsec. (a)(51)(A)(ii)(II), (D)(ii)(III)(aa)(GG), (52)(D)(iii)(IV), is the date of enactment of , which was approved .
Section 2(d)(2)(B) of Public Law 117–78section 2(d)(2)(B) of Pub. L. 117–78135 Stat. 1527 section 6901 of Title 22, referred to in subsec. (a)(51)(B)(iii), is , , , which is set out in a note under , Foreign Relations and Intercourse.
section 78k–1 of Title 15Section 11A of the Securities Exchange Act of 1934, referred to in subsec. (a)(51)(E)(i)(I)(bb), is classified to , Commerce and Trade.
Rule 13d-3 of the Securities Exchange Act of 1934, referred to in subsec. (a)(51)(E)(iii)(I)(bb), (cc), is set out as section 240.13d–3 of title 17, Code of Federal Regulations.
section 1101(a)(15) of Title 8Section 101(15) of the Immigration and Nationality Act, referred to in subsec. (b)(5)(C)(i), (D)(i), probably means section 101(a)(15) of that Act, which is classified to , Aliens and Nationality.
section 1292(2) of Title 33Section 212(2) of the Federal Water Pollution Control Act, referred to in subsec. (e)(3)(E), is classified to , Navigation and Navigable Waters.
Pub. L. 101–508The date of the enactment of the Revenue Reconciliation Act of 1990, referred to in subsec. (e)(5)(B), is the date of enactment of , which was approved .
section 409 of Title 42Section 209 of the Social Security Act, referred to in subsec. (j)(3), is classified to , The Public Health and Welfare.
Pub. L. 106–554The date of the enactment of the Commodity Futures Modernization Act of 2000, referred to in subsec. (m), is the date of enactment of , which was approved .
Codification
Pub. L. 109–280Sections 1207(f) and 1222 of , which directed the amendment of section 7701 without specifying the act to be amended, were executed to this section, which is section 7701 of the Internal Revenue Code of 1986, to reflect the probable intent of Congress. See 2006 Amendment notes below.
Amendments
Pub. L. 119–212025—Subsec. (a)(51), (52). added pars. (51) and (52).
Pub. L. 117–169, § 13102(n)(1)(A)2022—Subsec. (e)(3)(A)(i)(IV). , added subcl. (IV).
Pub. L. 117–169, § 13102(n)(1)(B)Subsec. (e)(3)(F). , added subpar. (F).
Pub. L. 117–169, § 13102(n)(2)Subsec. (e)(4)(A). , substituted “water treatment works facility, or storage facility” for “or water treatment works facility” in introductory provisions.
Pub. L. 117–286section 13143(b) of title 5Subsec. (k). substituted “, United States Code,” for “section 501(b) of the Ethics in Government Act of 1978,”.
Pub. L. 115–141, § 401(b)(54)2018—Subsec. (a)(19)(A). , struck out “either (i) is an insured institution within the meaning of section 401(a) of the National Housing Act (12 U.S.C., sec. 1724(a)), or (ii)” after “which”.
Pub. L. 115–141, § 401(b)(55)Subsec. (a)(32)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “either—
“(i) is an insured institution within the meaning of section 401(a) of the National Housing Act (12 U.S.C., sec. 1724(a)), or
“(ii) is subject by law to supervision and examination by State or Federal authority having supervision over such institutions, and”.
Pub. L. 115–141, § 401(a)(331)Subsec. (a)(36)(B). , substituted “shall not be a” for “shall not be an” in introductory provisions.
Pub. L. 115–141, § 401(a)(332)Subsec. (e)(5)(B). , substituted “Reconciliation” for “Reconcilation”.
Pub. L. 115–97, § 11051(b)(4)2017—Subsec. (a)(17). , substituted “section 2516” for “sections 682 and 2516” and substituted “such section” for “such sections” wherever appearing.
Pub. L. 115–97, § 13304(a)(2)(F)lSubsec. (b)(5)(A)(iv). , amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: “a professional athlete who is temporarily in the United States to compete in a charitable sports event described in section 274()(1)(B).”
Pub. L. 113–2952014—Subsec. (a)(20). substituted “chapter 21.” for “chapter 21, or in the case of services performed before , who would be considered an employee if his services were performed during 1951.”
Pub. L. 111–312Pub. L. 107–16, § 542(e)(3)2010—Subsec. (a)(47). amended subsec. (a) to read as if amendment by , had never been enacted.
oPub. L. 111–152ooSubsecs. (), (p). added subsec. () and redesignated former subsec. () as (p).
Pub. L. 110–245, § 301(c)(1)2008—Subsec. (a)(50). , added par. (50).
Pub. L. 110–245, § 301(c)(2)(B)Subsec. (b)(6). , inserted concluding provisions.
Pub. L. 110–245, § 301(c)(2)(C)ooSubsecs. (n) to (p). , redesignated subsecs. () and (p) as (n) and (), respectively, and struck out former subsec. (n) which related to special rules for determining when an individual is no longer a United States citizen or long-term resident.
Pub. L. 110–28, § 8246(a)(1)(A)2007—Subsec. (a)(36). , which directed the striking out of “income” in heading, was executed by substituting “Tax” for “Income tax” to reflect the probable intent of Congress.
Pub. L. 110–28, § 8246(a)(1)(A), struck out “income” before “tax return preparer” in subpar. (A) and in introductory provisions of subpar. (B).
Pub. L. 110–28, § 8246(a)(1)(B)Subsec. (a)(36)(A). , substituted “this title” for “subtitle A” in two places.
Pub. L. 109–280, § 1207(f)2006—Subsec. (a)(49). , added par. (49). See Codification note above.
oPub. L. 109–280, § 1222ooSubsecs. (), (p). , added subsec. () and redesignated former subsec. () as (p). See Codification note above.
Pub. L. 109–1352005—Subsec. (n). reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “An individual who would (but for this subsection) cease to be treated as a citizen or resident of the United States shall continue to be treated as a citizen or resident of the United States, as the case may be, until such individual—
“(1) gives notice of an expatriating act or termination of residency (with the requisite intent to relinquish citizenship or terminate residency) to the Secretary of State or the Secretary of Homeland Security, and
“(2) provides a statement in accordance with section 6039G.”
Pub. L. 108–3112004—Subsec. (a)(17). substituted “682” for “152(b)(4), 682,”.
Pub. L. 108–357, § 835(b)(10)Subsec. (a)(19)(C)(xi). , struck out “and any regular interest in a FASIT,” after “residual interest in a REMIC,” and struck out “or FASIT” after “entire interest in the REMIC” and after “such REMIC” in two places.
Pub. L. 108–357, § 852(a)Subsec. (a)(48). , added par. (48).
Pub. L. 108–357, § 835(b)(11)Subsec. (i)(2)(A). , struck out “or a FASIT” after “other than a REMIC” in introductory provisions.
oPub. L. 108–357, § 804(b)oSubsecs. (n), (). , added subsec. (n) and redesignated former subsec. (n) as ().
Pub. L. 107–16, § 542(e)(3)2001—Subsec. (a)(47). , added par. (47) which defined the term “executor”.
Pub. L. 106–5542000—Subsecs. (m), (n). added subsec. (m) and redesignated former subsec. (m) as (n).
Pub. L. 105–34, § 1151(a)1997—Subsec. (a)(4). , inserted before period at end “unless, in the case of a partnership, the Secretary provides otherwise by regulations”.
Pub. L. 105–34, § 1601(i)(3)(A)Subsec. (a)(30)(E)(ii). , substituted “persons” for “fiduciaries”.
Pub. L. 105–34, § 1174(b)(2)Subsec. (b)(7)(A). , substituted “, (C), or (D)” for “or (C)”.
Pub. L. 105–34, § 1174(b)(1)Subsec. (b)(7)(D). , added subpar. (D).
Pub. L. 104–188, § 1621(b)(8)1996—Subsec. (a)(19)(C)(xi). , amended cl. (xi) generally. Prior to amendment, cl. (xi) read as follows: “any regular or residual interest in a REMIC, but only in the proportion which the assets of such REMIC consist of property described in any of the preceding clauses of this subparagraph; except that if 95 percent or more of the assets of such REMIC are assets described in clauses (i) through (x), the entire interest in the REMIC shall qualify.”
Pub. L. 104–188, § 1402(b)(3)Subsec. (a)(20). , struck out “, for the purpose of applying the provisions of section 101(b) with respect to employees’ death benefits” after “health plans”.
Pub. L. 104–188, § 1907(a)(1)Subsec. (a)(30)(C) to (E). , struck out “and” at end of subpar. (C), added subpars. (D) and (E), and struck out former subpar. (D) which read as follows: “any estate or trust (other than a foreign estate or foreign trust, within the meaning of section 7701(a)(31)).”
Pub. L. 104–188, § 1907(a)(2)Subsec. (a)(31). , reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The terms ‘foreign estate’ and ‘foreign trust’ mean an estate or trust, as the case may be, the income of which, from sources without the United States which is not effectively connected with the conduct of a trade or business within the United States, is not includible in gross income under subtitle A.”
Pub. L. 104–188, § 1621(b)(9)Subsec. (i)(2)(A). , inserted “or a FASIT” after “a REMIC” in introductory provisions.
Pub. L. 104–88, § 304(e)(1)1995—Subsec. (a)(33)(B). , substituted “Federal Energy Regulatory Commission” for “Federal Power Commission”.
Pub. L. 104–88, § 304(e)(2)Subsec. (a)(33)(C)(i). , substituted “Surface Transportation Board” for “Interstate Commerce Commission”.
Pub. L. 104–88, § 304(e)(3)Subsec. (a)(33)(C)(ii). , substituted “Federal Energy Regulatory Commission” for “Interstate Commerce Commission”.
Pub. L. 104–88, § 304(e)(4)Subsec. (a)(33)(F). , substituted “a water carrier subject to jurisdiction under subchapter II of chapter 135 of title 49” for “common carrier by water, subject to the jurisdiction of the Interstate Commerce Commission under subchapter III of chapter 105 of title 49, or subject to the jurisdiction of the Federal Maritime Board under the Intercoastal Shipping Act, 1933”.
Pub. L. 104–88, § 304(e)(5)Subsec. (a)(33)(G). , substituted “rail carrier subject to part A of subtitle IV” for “railroad corporation subject to subchapter I of chapter 105”.
Pub. L. 104–88, § 304(e)(6)Subsec. (a)(33)(H). , substituted “part A of subtitle IV” for “subchapter I of chapter 105”.
Pub. L. 103–2961994—Subsec. (b)(5)(C)(i), (D)(i)(II). substituted “(J) or (Q)” for “(J)”.
lPub. L. 103–66ll1993—Subsecs. (), (m). added subsec. () and redesignated former subsec. () as (m).
Pub. L. 102–3181992—Subsec. (j)(1)(C). substituted “402(e)(3)” for “402(a)(8)”.
Pub. L. 102–901991—Subsec. (k). amended last sentence generally. Prior to amendment, last sentence read as follows: “For purposes of this subsection, a Representative in, or a Delegate or Resident Commissioner to, the Congress shall be treated as an officer or employee of the Federal Government and a Senator or officer (except the Vice President) or employee of the Senate shall not be treated as an officer or employee of the Federal Government.”
Pub. L. 101–508, § 11812(b)(13)1990—Subsec. (e)(5)(B). , inserted before period at end “(as in effect on the day before the date of the enactment of the Revenue Reconcilation [sic] Act of 1990)”.
Pub. L. 101–508, § 11704(a)(34)Subsec. (j)(1)(C). , substituted “(C) subject to section 401(k)(4)(B) and any dollar limitation on the application of section 402(a)(8),” for “(C) subject to, section 401(k)(4)(B), and any dollar limitation on the application of section 402(a)(8),”.
lPub. L. 101–194l1989—Subsecs. (k), (). added subsec. (k) and redesignated former subsec. (k) as ().
Pub. L. 100–647, § 1006(t)(25)(A)1988—Subsec. (a)(19). , inserted at end “For purposes of determining whether any interest in a REMIC qualifies under clause (xi), any regular interest in another REMIC held by such REMIC shall be treated as a loan described in a preceding clause under principles similar to the principles of clause (xi); except that, if such REMIC’s are part of a tiered structure, they shall be treated as 1 REMIC for purposes of clause (xi).”
Pub. L. 100–647, § 1006(t)(12)Subsec. (a)(19)(C)(xi). , substituted “are assets described” for “are loans described”.
Pub. L. 100–647, § 1011B(e)Subsec. (a)(20). , substituted “and 106” for “106, and 125” and inserted “and for purposes of applying section 125 with respect to cafeteria plans,” before “the term”.
Pub. L. 100–647, § 1(c)Subsec. (a)(29). , substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
Pub. L. 100–647, § 1018(g)(3)lSubsec. (b)(5)(A)(iv). , substituted “section 274()(1)(B)” for “section 274(k)(2)”.
Pub. L. 100–647, § 1001(d)(2)(D)Subsec. (b)(5)(D)(i)(I). , substituted “subparagraph (F) or (M)” for “subparagraph (F)”.
Pub. L. 100–647, § 1002(a)(2)Pub. L. 99–514, § 201(d)(14)(B)Subsec. (e)(5). , made technical correction to language of , see 1986 Amendment note below.
Pub. L. 100–647, § 1011A(m)(1)Pub. L. 100–202Subsec. (j)(1)(C). , inserted “, section 401(k)(4)(B),” after “the provisions of paragraph (2)” in subpar. (C), as it read before amendment by . See Effective Date of 1988 Amendment note below.
Pub. L. 100–202, § 101(m) [title VI, § 624(a)(1)]section 1011A(m)(1) of Pub. L. 100–647Pub. L. 99–5141987—Subsec. (j)(1)(C). , which directed that “the provisions of paragraph (2) and” after “subject to” be struck out, was executed by striking out “the provisions of paragraph (2)” after “subject to” in view of the amendment by which was effective as if it had been included in . See 1988 Amendment note above.
Pub. L. 100–202, § 101(m) [title VI, § 624(a)(2)]Subsec. (j)(2). , added par. (2) and struck out former par. (2) which read as follows: “Paragraph (1)(C) shall not apply to the Thrift Savings Fund unless the Fund meets the antidiscrimination requirements (other than any requirement relating to coverage) applicable to arrangements described in section 401(k) and to matching contributions. Rules similar to the rules of sections 401(k)(8) and 401(m)(8) (relating to no disqualification if excess contributions distributed) shall apply for purposes of the preceding sentence.”
Pub. L. 99–514, § 1842(d)1986—Subsec. (a)(17). , inserted reference to section 2516.
Pub. L. 99–514, § 671(b)(3)Subsec. (a)(19)(C)(xi). , added cl. (xi).
Pub. L. 99–514, § 1166(a)Subsec. (a)(20). , inserted reference to section 125.
Pub. L. 99–514, § 1137Subsec. (a)(46). , inserted last sentence.
Pub. L. 99–514, § 1810lSubsec. (b)(1)(A). ()(2), substituted “the requirements of clause (i), (ii), or (iii)” for “the requirements of clause (i) or (ii)” in introductory provisions and added cl. (iii).
Pub. L. 99–514, § 1810lSubsec. (b)(2)(A)(iv). ()(3), added cl. (iv).
Pub. L. 99–514, § 1810lSubsec. (b)(4). ()(4), added par. (4). Former par. (4) redesignated (5).
Pub. L. 99–514, § 1810lSubsec. (b)(5). ()(4), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Pub. L. 99–514, § 1810llPub. L. 99–514Subsec. (b)(5)(A)(iv). ()(5)(A), which directed that cl. (iv) be added to subpar. (4)(A), was executed by adding cl. (iv) to subpar. (5)(A) to reflect the probable intent of Congress and the intervening redesignation of par. (4) as (5) by section 1810()(4) of .
Pub. L. 99–514, § 1810lSubsec. (b)(5)(E)(i). ()(1), inserted last sentence.
Pub. L. 99–514, § 1899A(63), substituted “preceding” for “preceeding”.
Pub. L. 99–514, § 1810lSubsec. (b)(6) to (11). ()(4), redesignated pars. (5) to (10) as pars. (6) to (11), respectively.
Pub. L. 99–514, § 201(d)(14)(A)Subsec. (e)(4)(A). , substituted “section 168(h)” for “section 168(j)”.
Pub. L. 99–514, § 1802(a)(9)(C), inserted at end “For purposes of this paragraph, the term ‘related entity’ has the same meaning as when used in section 168(j).”
Pub. L. 99–514, § 201(d)(14)(B)Pub. L. 100–647, § 1002(a)(2)Subsec. (e)(5). , as amended by , substituted “property described in clause (i), (ii), (iii), or (iv) of section 1250(a)(1)(B) (relating to low-income housing)” for “low-income housing (within the meaning of section 168(c)(2)(F))”.
Pub. L. 99–514, § 1899A(64), substituted “section 168(c)(2)(F))” for “section 168(C)(2)(F))”.
Pub. L. 99–514, § 201(c)Subsec. (h). , added subsec. (h). Former subsec. (h), relating to cross references, was successively redesignated as (i), (j), and (k).
Pub. L. 99–514, § 673Subsec. (i). , added subsec. (i). Former subsec. (i), relating to cross references, as previously redesignated, was successively redesignated as (j) and (k).
Pub. L. 99–514, § 1147(a)Subsec. (j). , added subsec. (j). Former subsec. (j), relating to cross references, as previously redesignated, was redesignated as (k).
Pub. L. 99–514Subsec. (k). , §§ 201(c), 673, 1147(a), successively redesignated subsec. (h), relating to cross references, as subsecs. (i), (j), and (k).
Pub. L. 98–369, § 474(r)(29)(K)1984—Subsec. (a)(16). , struck out “1451,” after “1443”.
Pub. L. 98–369, § 422(d)(3)Subsec. (a)(17). , struck out reference to sections 71 and 215.
Pub. L. 98–443Subsec. (a)(33)(E). substituted “Secretary of Transportation” for “Civil Aeronautics Board”.
Pub. L. 98–216Subsec. (a)(33)(G). substituted “subchapter I of chapter 105 of title 49” for “part I of the Interstate Commerce Act”.
Pub. L. 98–369, § 412(b)(11)Subsec. (a)(34). , repealed par. (34) which defined estimated income tax in the case of an individual or a corporation as the estimated tax defined in section 6015(d) or 6154(c), respectively.
Pub. L. 98–369, § 491(d)(53)Subsec. (a)(37)(C). , struck out subpar. (C) which included a retirement bond described in section 409 within the term “individual plan”.
Pub. L. 98–369, § 43(a)(1)Subsec. (a)(42) to (45). , added pars. (42) to (45).
Pub. L. 98–369, § 526(c)(1)Subsec. (a)(46). , added par. (46).
Pub. L. 98–369, § 138(a)Subsec. (b). , added subsec. (b). Former subsec. (b), relating to includes and including, redesignated (c).
Pub. L. 98–369, § 138(a)Subsec. (c). , redesignated former subsec. (b), relating to includes and including, as (c). Former subsec. (c), relating to Commonwealth of Puerto Rico, redesignated (d).
Pub. L. 98–369, § 138(a)Subsec. (d). , redesignated former subsec. (c), relating to Commonwealth of Puerto Rico, as (d). Former subsec. (d), relating to cross references, redesignated (e).
Pub. L. 98–369, § 31(e)Subsec. (e). , added subsec. (e). Former subsec. (e), relating to cross references, redesignated (f).
Pub. L. 98–369, § 138(a), redesignated former subsec. (d), relating to cross references, as (e).
Pub. L. 98–369, § 53(c)Subsec. (f). , added subsec. (f). Former subsec. (f), relating to cross references, redesignated (g).
Pub. L. 98–369, § 31(e), redesignated former subsec. (e), relating to cross references, as (f).
Pub. L. 98–369, § 75(c)Subsec. (g). , added subsec. (g). Former subsec. (g), relating to cross references, redesignated (h).
Pub. L. 98–369, § 53(c), redesignated former subsec. (f), relating to cross references, as (g).
Pub. L. 98–369, § 75(c)Subsec. (h). , redesignated former subsec. (g), relating to cross references, as (h).
Pub. L. 98–67, § 102(a)Pub. L. 97–2481983—Subsec. (a)(16). , repealed amendments made by . See 1982 Amendment note below.
Pub. L. 97–449, § 5(e)(1)Subsec. (a)(33)(F). , substituted “subchapter III of chapter 105 of title 49” for “part III of the Interstate Commerce Act”.
Pub. L. 97–449, § 5(e)(2)Subsec. (a)(33)(H). , substituted “subchapter I of chapter 105 of title 49” for “part I of the Interstate Commerce Act”.
Pub. L. 97–448, § 306(b)(3)Pub. L. 97–248, § 336(a)Subsec. (a)(38), (39). , redesignated par. (38), as added by , relating to persons residing outside the United States, as (39).
Pub. L. 97–473Subsec. (a)(40). added par. (40).
Pub. L. 98–67, § 104(d)(1)Subsec. (a)(41). , added par. (41).
Pub. L. 97–248Pub. L. 98–67, title I97 Stat. 369 Pub. L. 97–2481982—Subsec. (a)(16). , §§ 307(a)(17), 308(a), provided that, applicable to payments of interest, dividends, and patronage dividends paid or credited after , par. (16) is amended by substituting “1461 or 3451” for “or 1461”. Section 102(a), (b) of , , , repealed subtitle A (§§ 301–308) of title III of as of the close of , and provided that the Internal Revenue Code of 1954 [now 1986] [this title] shall be applied and administered (subject to certain exceptions) as if such subtitle A (and the amendments made by such subtitle A) had not been enacted.
Pub. L. 97–248, § 201(d)(10)Subsec. (a)(38). , formerly § 201(c)(10), added par. (38) relating to joint return.
Pub. L. 97–248, § 336(a), added par. (38) relating to persons residing outside the United States.
Pub. L. 97–341981—Subsec. (a)(34)(A). substituted “section 6015(d)” for “section 6015(c)”.
Pub. L. 95–600, § 701(cc)(2)1978—Subsec. (a)(36)(B)(iii). , substituted “prepares as a fiduciary a return or claim for refund for any person, or” for “prepares a return or claim for refund for any trust or estate with respect to which he is a fiduciary, or”.
Pub. L. 95–600, § 157(k)(2)Subsec. (a)(37). , added par. (37).
Pub. L. 94–455, § 1906(c)(3)1976—Subsec. (a)(4). , struck out “or Territory” after “any State”.
Pub. L. 94–455, § 1906(a)(57)(A)Subsec. (a)(11). , substituted definitions of “Secretary of the Treasury” and “Secretary” for “Secretary.—The term ‘Secretary’ means the Secretary of the Treasury”.
Pub. L. 94–455, § 1906(a)(57)(B)Subsec. (a)(12)(A). , substituted definition of “or his delegate” for definition of “Secretary of his delegate”.
Pub. L. 94–455, § 1906(b)(13)(A)Subsec. (a)(19), (23), (33). , struck out “or his delegate” after “Secretary” wherever appearing.
Pub. L. 94–455, § 1203(a)Subsec. (a)(36). , added par. (36).
Pub. L. 93–4061974—Subsec. (a)(35). added par. (35).
Pub. L. 92–6061972—Subsec. (a)(12)(B). inserted reference to chapter 1.
Pub. L. 91–172, § 432(c)1969—Subsec. (a)(19)(A). reenacted subpar. (A) without change.
Pub. L. 91–172, § 432(c)Subsec. (a)(19)(B). , struck out reference to subpar. (C).
Pub. L. 91–172, § 432(c)Subsec. (a)(19)(C). , substituted 60 percent for 90 percent in text preceding cl. (i), reenacted cl. (i) without change, in cl. (ii), excluded obligations the interest on which was excludible from gross income under section 103, expanded provisions of former cl. (iii) and transferred them to cl. (v), reenacted cl. (iv) without change, redesignated former cls. (v) and (vi) as cls. (viii) and (x) and added cls. (iii), (vi), (vii) and (ix), and text following cl. (x).
Pub. L. 91–172, § 432(c)Subsec. (a)(19)(D) to (F). , struck out subpars. (D) to (F) and text following subpar. (F) which had further qualified the assets.
Pub. L. 91–172, § 960(j)Subsec. (a)(27). , substituted “United States Tax Court” for “Tax Court of the United States”.
Pub. L. 91–172, § 432(d)Subsec. (a)(32). , struck out references to subpars. (D), (E) and (F) and struck out “determined with the application of the second, third, and fourth sentences of paragraph (19).” in subpar. (B) and, in text following subpar. (B), struck out provisions relating to the deduction allowable for a reasonable addition to the reserve for bad debts.
Pub. L. 90–3641968—Subsec. (a)(34)(B). substituted “section 6154(c)” for “section 6016(b)”.
Pub. L. 89–8091966—Subsec. (a)(31). substituted “, from sources without the United States which is not effectively connected with the conduct of a trade or business within the United States,” for “from sources without the United States”.
Pub. L. 89–368 added par. (34).
Pub. L. 88–2721964—Subsec. (a)(20). inserted “For the purpose of applying the provisions of section 79 with respect to group-term life insurance purchased for employees”.
Pub. L. 88–272Subsec. (a)(33). added par. (33).
Pub. L. 87–834, § 6(c)1962—Subsec. (a)(19). , amended par. (19) generally. Prior to such amendment, subsection read as follows: “The term ‘domestic building and loan association’ means a domestic building and loan association, a domestic savings and loan association, and a Federal savings and loan association, substantially all the business of which is confined to making loans to members.”
Pub. L. 87–834, § 7(h)Subsec. (a)(30), (31). , added pars. (30), (31).
Pub. L. 87–870Subsec. (a)(32). added par. (32).
Pub. L. 86–624, § 18(i)1960—Subsec. (a)(9), (10). , (j), struck out reference to the Territory of Hawaii.
Pub. L. 86–778Subsec. (a)(12). designated existing provisions as par. (A) and added par. (B).
Pub. L. 86–70, § 22(g)1959—Subsec. (a)(9). , substituted “the Territory of Hawaii” for “the Territories of Alaska and Hawaii”.
Pub. L. 86–70, § 22(h)Subsec. (a)(10). , substituted “Territory of Hawaii” for “Territories”.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Pub. L. 119–21lPub. L. 119–21section 45 of this titleAmendment by applicable to taxable years beginning after , see section 70512()(1) of , set out in a note under .
Effective Date of 2022 Amendment
Pub. L. 117–169section 13102(q)(2) of Pub. L. 117–169section 45 of this titleAmendment by applicable to property placed in service after , see , set out in a note under .
Effective Date of 2017 Amendment
section 11051(b)(4) of Pub. L. 115–97section 71(b)(2) of this titlesection 11051 of Pub. L. 115–97section 11051(c) of Pub. L. 115–97section 61 of this titleAmendment by applicable to any divorce or separation instrument (as defined in former as in effect before ) executed after , and to such instruments executed on or before , and modified after , if the modification expressly provides that the amendment made by applies to such modification, see , set out as a note under .
section 13304(a)(2)(F) of Pub. L. 115–97section 13304(e)(1) of Pub. L. 115–97section 274 of this titleAmendment by applicable to amounts incurred or paid 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 2010 Amendment
Pub. L. 111–312section 301(e) of Pub. L. 111–312section 121 of this titleAmendment by applicable to estates of decedents dying, and transfers made after , except as otherwise provided, see , set out as an Effective and Termination Dates of 2010 Amendment note under .
Pub. L. 111–152section 1409(e)(1) of Pub. L. 111–152section 6662 of this titleAmendment by applicable to transactions entered into after , see , set out as a note under .
Effective Date of 2008 Amendment
Pub. L. 110–245section 301(g)(1) of Pub. L. 110–245section 2801 of this titleAmendment by applicable to any individual whose expatriation date is on or after , see , set out as an Effective Date note under .
Effective Date of 2007 Amendment
Pub. L. 110–28section 8246(c) of Pub. L. 110–28section 6060 of this titleAmendment by applicable to returns prepared after , see , set out as a note under .
Effective Date of 2006 Amendment
section 1207(f) of Pub. L. 109–280section 1207(g)(1) of Pub. L. 109–280section 4041 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 2005 Amendment
Pub. L. 109–135Pub. L. 108–357section 403(nn) of Pub. L. 109–135section 26 of this titleAmendment by effective as if included in the provision of the American Jobs Creation Act of 2004, , to which such amendment relates, see , set out as a note under .
Effective Date of 2004 Amendments
section 804(b) of Pub. L. 108–357section 804(f) of Pub. L. 108–357section 877 of this titleAmendment by applicable to individuals who expatriate after , see , set out as a note under .
Pub. L. 108–357section 835(c) of Pub. L. 108–357section 56 of this titleAmendment by section 835(b)(10), (11) of effective , with exception for any FASIT in existence on , to the extent that regular interests issued by the FASIT before such date continue to remain outstanding in accordance with the original terms of issuance, see , set out as a note under .
Pub. L. 108–357, title VIII, § 852(c)118 Stat. 1609
In general .—
Fuel taxes .—
Pub. L. 108–311section 208 of Pub. L. 108–311section 2 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under
Effective Date of 2001 Amendment
Pub. L. 107–16section 542(f)(1) of Pub. L. 107–16section 121 of this titleAmendment by applicable to estates of decedents dying after , see , set out as a note under .
Effective Date of 1997 Amendment
Pub. L. 105–34, title XI, § 1151(b)111 Stat. 986
Pub. L. 105–34, title XI, § 1174(c)111 Stat. 989
In general .—
Presence .—
section 1601(i)(3)(A) of Pub. L. 105–34Pub. L. 104–188section 1601(j) of Pub. L. 105–34section 23 of this titleAmendment by effective as if included in the provisions of the Small Business Job Protection Act of 1996, , to which it relates, see , set out as a note under .
Effective Date of 1996 Amendments
Pub. L. 105–34, title XVI, § 1601(i)(4)111 Stat. 1093
section 1402(b)(3) of Pub. L. 104–188section 1402(c) of Pub. L. 104–188section 101 of this titleAmendment by applicable with respect to decedents dying after , see , set out as a note under .
Pub. L. 104–188section 1621(d) of Pub. L. 104–188section 26 of this titleAmendment by section 1621(b)(8), (9) of effective , see , set out as a note under .
Pub. L. 104–188, title I, § 1907(a)(3)110 Stat. 1916 Pub. L. 105–34, title XI, § 1161(a)111 Stat. 987
Pub. L. 105–34, title XI, § 1161(b)111 Stat. 987
Effective Date of 1995 Amendment
Pub. L. 104–88section 2 of Pub. L. 104–88section 1301 of Title 49Amendment by effective , see , set out as an Effective Date note under , Transportation.
Effective Date of 1994 Amendment
Pub. L. 103–296section 320(c) of Pub. L. 103–296section 871 of this titleAmendment by effective with calendar quarter following , see , set out as a note under .
Effective Date of 1992 Amendment
Pub. L. 102–318section 521(e) of Pub. L. 102–318section 402 of this titleAmendment by applicable to distributions after , see , set out as a note under .
Effective Date of 1991 Amendment
Pub. L. 102–90section 314(g)(1) of Pub. L. 102–90section 4725 of Title 2Amendment by effective , see , as amended, set out as a note under , The Congress.
Effective Date of 1990 Amendment
section 11812(b)(13) of Pub. L. 101–508section 168 of this titlesection 252(f)(5) of Pub. L. 99–514section 11812(c) of Pub. L. 101–508section 42 of this titleAmendment by applicable to property placed in service after , but not applicable to any property to which does not apply by reason of subsec. (f)(5) of section 168, and not applicable to rehabilitation expenditures described in , see , set out as a note under .
Effective Date of 1989 Amendment
Pub. L. 101–194, title VI, § 603103 Stat. 1763
Effective Date of 1988 Amendment
Pub. L. 100–647Pub. L. 99–514section 1019(a) of Pub. L. 100–647section 1 of this titleAmendment by title I of 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
Pub. L. 99–514Pub. L. 99–514section 168 of this titleAmendment by section 201(c), (d)(14) of applicable to property placed in service after , in taxable years ending after such date, with exceptions, see sections 203 and 204 of , set out as a note under .
Pub. L. 99–514Pub. L. 99–514section 46 of this titleAmendment by section 201(c), (d)(14) of not applicable to any property placed in service before , if such property placed in service as part of specified rehabilitations, and not applicable to certain additional rehabilitations, see section 251(d)(2), (3) of , set out as a note under .
section 671(b)(3) of Pub. L. 99–514section 675 of Pub. L. 99–514section 860A of this titleAmendment by applicable to taxable years beginning after , see , set out as an Effective Date note under .
section 673 of Pub. L. 99–514section 860F(d) of this titlesection 675(c) of Pub. L. 99–514section 860A of this titleAmendment by effective , but not applicable to any entity in existence on , except with respect to any entity as of the first day after , on which there is a substantial transfer of cash or other property to such entity, and for purposes of applying , applicable to taxable years beginning after , see , set out as an Effective Date note under .
Pub. L. 99–514, title XI, § 1166(b)100 Stat. 2512
lPub. L. 99–514Pub. L. 98–369, div. Asection 1881 of Pub. L. 99–514section 48 of this titleAmendment by sections 1802(a)(9)(C), 1810()(1)–(4), 1842(d) of effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, , to which such amendment relates, see , set out as a note under .
Pub. L. 99–514, title XVIII, § 1810l100 Stat. 2832
Effective Date of 1984 Amendments
Pub. L. 98–443section 9(v) of Pub. L. 98–443section 5314 of Title 5Amendment by effective , see , set out as a note under , Government Organization and Employees.
section 31(e) of Pub. L. 98–369section 31(g) of Pub. L. 98–369section 7701(e) of this titlePub. L. 98–369section 168 of this titleAmendment by effective, except as otherwise provided in , as to property placed in service by the taxpayer after , in taxable years ending after such date and to property placed in service by the taxpayer on or before , if the lease to the tax-exempt entity is entered into after , except that in the case of a service contract or other arrangement described in with respect to which no party is a tax-exempt entity, section 7701(e) shall not apply to (A) such contract or other arrangement if such contract or other arrangement was entered into before , or (B) any renewal or other extension of such contract or other arrangement pursuant to an option contained in such contract or other arrangement on , see section 31(g)(1), (13) of , set out as a note under .
section 43(a)(1) of Pub. L. 98–369section 44 of Pub. L. 98–369section 1271 of this titleAmendment by applicable to taxable years ending after , see , set out as an Effective Date note under .
section 53(c) of Pub. L. 98–369section 53(e)(3) of Pub. L. 98–369section 1059 of this titleAmendment by effective , except as otherwise provided, see , as amended, set out as an Effective Date note under .
section 75(c) of Pub. L. 98–369section 75(e) of Pub. L. 98–369section 386 of this titleAmendment by applicable to distributions, sales, and exchanges made after , in taxable years ending after such date, see , set out as an Effective Date note under .
Pub. L. 98–369, div. A, title I, § 138(b)98 Stat. 676 Pub. L. 99–514, § 2100 Stat. 2095
In general .—
Transitional rule for applying substantial presence test.—
Transitional rule for applying lawful residence test .—
section 412(b)(11) of Pub. L. 98–369section 414(a)(1) of Pub. L. 98–369section 6654 of this titleAmendment by applicable with respect to taxable years beginning after , see , set out as a note under .
section 422(d)(3) of Pub. L. 98–369Pub. L. 98–369section 219 of this titleAmendment by applicable with respect to divorce or separation instruments executed after , or executed before , but modified on or after , with express provision for application of amendment to modification, see section 422(e)(1), (2) of , set out as a note under .
section 474(r)(29)(K) of Pub. L. 98–369section 475(b) of Pub. L. 98–369section 33 of this titleAmendment by not applicable with respect to obligations issued before , see , set out as a note under .
section 491(d)(53) of Pub. L. 98–369section 491(f)(1) of Pub. L. 98–369section 62 of this titleAmendment by applicable to obligations issued after , see , set out as a note under .
Pub. L. 98–369, div. A, title V, § 526(c)(2)98 Stat. 875
Effective Date of 1983 Amendments
section 104(d)(1) of Pub. L. 98–67section 110(a) of Pub. L. 98–67section 31 of this titleAmendment by applicable with respect to payments made after , see , set out as a note under .
Pub. L. 97–473section 204 of Pub. L. 97–473section 7871 of this titleFor effective date of amendment by , see , set out as an Effective Date note under .
Pub. L. 97–448Pub. L. 97–248section 311(d) of Pub. L. 97–448section 31 of this titleAmendment by effective as if included in the provisions of the Tax Equity and Fiscal Responsibility Act of 1982, , to which such amendment relates, see , set out as a note under .
Effective Date of 1982 Amendment
section 201(d)(10) of Pub. L. 97–248section 201(e)(1) of Pub. L. 97–248section 5 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Pub. L. 97–248, title III, § 336(b)96 Stat. 629
Effective Date of 1981 Amendment
Pub. L. 97–34section 725(d) of Pub. L. 97–34section 871 of this titleAmendment by applicable to estimated tax for taxable years beginning after , see , set out as a note under .
Effective Date of 1978 Amendment
section 157(k)(2) of Pub. L. 95–600section 157(k)(3) of Pub. L. 95–600section 6058 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
section 701(cc)(2) of Pub. L. 95–600section 701(cc)(3) of Pub. L. 95–600section 6695 of this titleAmendment by applicable to documents prepared after , see , set out as a note under .
Effective Date of 1976 Amendment
Pub. L. 94–455, title XII, § 1203(j)90 Stat. 1695
Pub. L. 94–455section 1906(d)(1) of Pub. L. 94–455section 6013 of this titleAmendment by section 1906(a)(57), (b)(13)(A), (c)(3) of effective on first day of first month which begins more than ninety days after , see , set out as a note under .
Effective Date of 1972 Amendment
Pub. L. 92–606section 2 of Pub. L. 92–606section 931 of this titleAmendment by applicable with respect to taxable years beginning after , see , set out in part as an Effective Date note under .
Effective Date of 1969 Amendment
Pub. L. 91–172section 432(e) of Pub. L. 91–172section 593 of this titleAmendment by section 432(c), (d) of effective for taxable years beginning after , see , set out as a note under .
section 960(j) of Pub. L. 91–172section 962(a) of Pub. L. 91–172section 7441 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1968 Amendment
Pub. L. 90–364section 104 of Pub. L. 90–364section 103(f) of Pub. L. 90–364section 243 of this titleAmendment by applicable with respect to taxable years beginning after , except as provided by , see , set out as a note under .
Effective Date of 1966 Amendments
Pub. L. 89–809section 103(n)(1) of Pub. L. 89–809section 871 of this titleAmendment by applicable with respect to taxable years beginning after , see , set out as a note under .
Pub. L. 89–368section 102(d) of Pub. L. 89–368section 6654 of this titleAmendment by applicable with respect to taxable years beginning after , see , set out as a note under .
Effective Date of 1964 Amendment
section 204(a)(3) of Pub. L. 88–272section 204(d) of Pub. L. 88–272section 79 of this titleAmendment by applicable to group-term life insurance provided after , in taxable years ending after such date, see , set out as an Effective Date note under .
section 234(b)(3) of Pub. L. 88–272section 234(c) of Pub. L. 88–272section 1503 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Effective Date of 1962 Amendments
Pub. L. 87–870, § 5(b)76 Stat. 1162
Pub. L. 87–834, § 6(g)(3)76 Stat. 985
Effective Date of 1960 Amendments
Pub. L. 86–778section 103(v)(1) of Pub. L. 86–778section 402 of Title 42Amendment by effective , see , set out as an Effective Date of 1960 Amendment note under , The Public Health and Welfare.
Pub. L. 86–624section 18(k) of Pub. L. 86–624section 3121 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1959 Amendment
Pub. L. 86–70section 22(i) of Pub. L. 86–70section 3121 of this titleAmendment by effective , see , set out as a note under .
Savings Provision
Pub. L. 115–141section 401(e) of Pub. L. 115–141section 23 of this titleFor provisions that nothing in amendment by section 401(b)(54), (55) of be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to , for purposes of determining liability for tax for periods ending after , see , set out as a note under .
section 11812(b)(13) of Pub. L. 101–508section 11821(b) of Pub. L. 101–508section 45K of this titleFor provisions that nothing in amendment by be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to , for purposes of determining liability for tax for periods ending after , see , set out as a note under .
Transfer of Functions
section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .
Pub. L. 89–670, § 6(b)(1)80 Stat. 938 Section 6(b)(2) of Pub. L. 89–670section 108 of Title 49Coast Guard transferred to Department of Transportation and all functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by , , . , however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in former section 3 (now 103) of Title 14, Coast Guard. See , Transportation.
Plan Amendments Not Required Until January 1, 1998
Pub. L. 104–188section 1465 of Pub. L. 104–188section 401 of this titleFor provisions directing that if any amendments made by subtitle D [§§ 1401–1465] of title I of require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan year beginning on or after , see , set out as a note under .
Plan Amendments Not Required Until January 1, 1994
Pub. L. 102–318section 523 of Pub. L. 102–318section 401 of this titleFor provisions directing that if any amendments made by subtitle B [§§ 521–523] of title V of require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after , see , set out as a note under .
Plan Amendments Not Required Until January 1, 1989
Pub. L. 99–514section 1140 of Pub. L. 99–514section 401 of this titleFor provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after , see , as amended, set out as a note under .
Authors or Artists Performing Services Under Contract With Corporation
Pub. L. 96–605, title IV, § 40294 Stat. 3532 Pub. L. 99–514, § 2100 Stat. 2095