26 U.S.C. § 861

Editorial Notes

Amendments

Pub. L. 115–1412018—Subsec. (a)(2)(A). struck out “other than a corporation which has an election in effect under section 936” after “corporation”.

Pub. L. 115–97, § 13002(e)(2)2017—Subsec. (a)(2). , substituted “100/65th” for “100/80th” and “100/50th” for “100/70th” in concluding provisions.

Pub. L. 115–97, § 13002(e)(1)Subsec. (a)(2)(B). , substituted “100/50th” for “100/70th”.

Pub. L. 111–226, § 217(a)2010—Subsec. (a)(1). , redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: “interest from a resident alien individual or domestic corporation, if such individual or corporation meets the 80-percent foreign business requirements of subsection (c)(1),”.

Pub. L. 111–240Subsec. (a)(9). added par. (9).

Pub. L. 111–226, § 217(c)(1)Subsecs. (c) to (f). , redesignated subsecs. (d) to (f) as (c) to (e), respectively, and struck out former subsec. (c) which related to foreign business requirements.

Pub. L. 108–3572004—Subsec. (a)(1)(C). added subpar. (C).

Pub. L. 107–162001—Subsec. (a)(3). struck out “except for purposes of sections 79 and 105 and subchapter D,” after “In addition,” in concluding provisions.

Pub. L. 105–341997—Subsec. (a)(3). inserted concluding provisions “In addition, except for purposes of sections 79 and 105 and subchapter D, compensation for labor or services performed in the United States shall not be deemed to be income from sources within the United States if the labor or services are performed by a nonresident alien individual in connection with the individual’s temporary presence in the United States 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.”

Pub. L. 104–188section 11813(b)(17) of Pub. L. 101–5081996—Subsec. (e)(1)(A). provided that the amendment made by shall be applied as if the material stricken by such amendment included the closing parenthesis after “section 48(a)(5)”. See 1990 Amendment note below.

Pub. L. 101–508, § 11801(a)(29)1990—Subsec. (a)(1)(A), (B). , (c)(14), inserted “and” at end of subpar. (A), substituted a period for a comma at end of subpar. (B), and struck out subpars. (C) and (D) which read as follows:

July 1, 1974“(C) interest on a debt obligation which was part of an issue with respect to which an election has been made under subsection (c) of section 4912 (as in effect before ) and which, when issued (or treated as issued under subsection (c)(2) of such section), had a maturity not exceeding 15 years and, when issued, was purchased by one or more underwriters with a view to distribution through resale, but only with respect to interest attributable to periods after the date of such election, and

“(D) interest on a debt obligation which was part of an issue which—

April 1, 1971“(i) was part of an issue outstanding on ,

“(ii) was guaranteed by a United States person,

“(iii) was treated under chapter 41 as a debt obligation of a foreign obligor,

June 30, 1974“(iv) as of , had a maturity of not more than 15 years, and

“(v) when issued, was purchased by one or more underwriters for the purpose of distribution through resale.”

Pub. L. 101–508, § 11813(b)(17)Subsec. (e)(1)(A). , which directed the substitution of “which is section 1245 property (as defined in section 1245(a)(3))” for “which is section 38 property (or would be section 38 property but for section 48(a)(5)”, was executed by making the substitution for “which is section 38 property (or would be section 38 property but for section 48(a)(5))”. See 1996 Amendment note above.

Pub. L. 101–508, § 11801(c)(6)(C)Subsec. (e)(2). , substituted “all of whose stock is owned by one or more domestic common carriers by railroad” for “referred to in subparagraph (B) of section 184(d)(1)”.

Pub. L. 101–239, § 7811(i)(2)1989—Subsec. (a)(6). , substituted “865(i)(1)” for “865(h)(1)”.

Pub. L. 101–239, § 7841(d)(9)Subsec. (e)(1). , substituted “section 862(a)” for “section 826(a)” in introductory provisions.

Pub. L. 100–647, § 1012(q)(7)1988—Subsec. (a)(2)(B). , substituted “other than income described in section 884(d)(2)” for “other than under section 884(d)(2)” in two places.

Pub. L. 100–647, § 1012(q)(15)Subsec. (a)(2)(C). , substituted “section 243(e)” for “section 243(d)”.

Pub. L. 100–647, § 1018(u)(39)Subsec. (a)(6). , substituted “inventory property” for “personal property” in heading.

Pub. L. 100–647, § 1012(i)(10)Subsec. (a)(7). , amended par. (7) generally. Prior to amendment, par. (7) read as follows: “Amounts received as underwriting income (as defined in section 832(b)(3)) derived from the insurance of United States risks (as defined in section 953(a)).”

Pub. L. 100–647, § 1012(g)(3)Subsec. (c)(1)(B). , inserted “or, in the case of a corporation, is attributable to income so derived by a subsidiary of such corporation” after parenthetical in cl. (i), struck out “or chain of subsidiaries of such corporation” after “by a subsidiary” in cl. (ii), and inserted sentence at end defining “subsidiary”.

Pub. L. 100–647, § 1012(i)(14)(B)Subsec. (c)(2)(B)(ii). , amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “such section shall be applied by substituting ‘10 percent’ for ‘50 percent’ each place it appears.”

Pub. L. 100–647, § 1012(g)(9)Subsec. (f). , added subsec. (f).

Pub. L. 100–203, § 10221(d)(4)(B)1987—Subsec. (a)(2). , inserted at end “In the case of any dividend from a 20-percent owned corporation (as defined in section 243(c)(2)), subparagraph (B) shall be applied by substituting ‘100/80th’ for ‘100/70th’.”

Pub. L. 100–203, § 10221(d)(4)(A)Subsec. (a)(2)(B). , which directed that subpar. (B) be amended by substituting “100/70th” for “100/85th”, was executed by substituting “100/70th” for “100/85ths” to reflect the probable intent of Congress.

Pub. L. 99–514, § 1241(b)(1)(A)1986—Subsec. (a)(1). , substituted “noncorporate residents or domestic corporations” for “residents, corporate or otherwise,” in introductory text.

Pub. L. 99–514, § 1214(a)(1)Subsec. (a)(1)(A). , (c)(5)(A), amended subpar. (B) generally and redesignated it as (A). Prior to amendment and redesignation, former subpar. (B) read as follows: “interest received from a resident alien individual or a domestic corporation, when it is shown to the satisfaction of the Secretary that less than 20 percent of the gross income from all sources of such individual or such corporation has been derived from sources within the United States, as determined under the provisions of this part, for the 3-year period ending with the close of the taxable year of such individual or such corporation preceding the payment of such interest, or for such part of such period as may be applicable,”. Former subpar. (A), which read “interest on amounts described in subsection (c) received by a nonresident alien individual or a foreign corporation, if such interest is not effectively connected with the conduct of a trade or business within the United States,”, was struck out.

Pub. L. 99–514, § 1241(b)(1)(B)Pub. L. 99–514Subsec. (a)(1)(B). , redesignated subpar. (D), as previously redesignated and amended by § 1214(c)(5)(A), (B) of , as (B) and struck out former subpar. (B) [previously (C)] which read as follows: “interest received from a foreign corporation (other than interest paid or credited by a domestic branch of a foreign corporation, if such branch is engaged in the commercial banking business), when it is shown to the satisfaction of the Secretary that less than 50 percent of the gross income from all sources of such foreign corporation for the 3-year period ending with the close of its taxable year preceding the payment of such interest (or for such part of such period as the corporation has been in existence) was effectively connected with the conduct of a trade or business within the United States,”.

Pub. L. 99–514, § 1214(c)(5)(A), (B), redesignated former subpar. (F) as (D), substituted in cl. (ii), “subparagraph (B) of section 871(i)(3)” for “paragraph (2) of subsection (c)”, and redesignated former subpar. (C) as (B). Former subpar. (B) redesignated (A).

Pub. L. 99–514, § 1241(b)(1)(B)§ 1214(c)(5)(A) of Pub. L. 99–514Subsec. (a)(1)(C). , redesignated subpar. (E), as previously redesignated by , as (C) and struck out former subpar. (C) [previously (D)] which read as follows: “in the case of interest received from a foreign corporation (other than interest paid or credited by a domestic branch of a foreign corporation, if such branch is engaged in the commercial banking business), 50 percent or more of the gross income of which from all sources for the 3-year period ending with the close of its taxable year preceding the payment of such interest (or for such part of such period as the corporation has been in existence) was effectively connected with the conduct of a trade or business within the United States, an amount of such interest which bears the same ratio to such interest as the gross income of such foreign corporation for such period which was not effectively connected with the conduct of a trade or business within the United States bears to its gross income from all sources,”.

Pub. L. 99–514, § 1214(c)(5)(A), redesignated subpar. (D) as (C). Former subpar. (C) redesignated (B).

Pub. L. 99–514, § 1214(c)(5)(A)Pub. L. 99–514, § 1241(b)(1)(B)Subsec. (a)(1)(D). , redesignated subpar. (H) as (F). , then redesignated such subpar. (F) as (D). The original subpar. (D) was redesignated (C) and struck out, and the original subpar. (F) was redesignated (D), then (B).

Pub. L. 99–514, § 1241(b)(1)(B)§ 1214(c)(5)(A) of Pub. L. 99–514Subsec. (a)(1)(E). , redesignated subpar. (E), as previously redesignated by , as (C).

Pub. L. 99–514, § 1214(c)(5)(A), redesignated subpar. (G) as (E) and struck out former subpar. (E) which read as follows: “income derived by a foreign central bank of issue from bankers’ acceptances,”.

Pub. L. 99–514Subsec. (a)(1)(F). , §§ 1214(c)(5)(A), 1241(b)(1)(B), redesignated successively former subpar. (F) as (D) and (B), respectively.

Pub. L. 99–514Subsec. (a)(1)(G). , §§ 1214(c)(5)(A), 1241(b)(1)(B), redesignated successively former subpar. (G) as (E) and (C), respectively.

Pub. L. 99–514Subsec. (a)(1)(H). , §§ 1214(c)(5)(A), 1241(b)(1)(B), redesignated successively former subpar. (H) as (F) and (D), respectively.

Pub. L. 99–514, § 1214(b)Subsec. (a)(2)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “from a domestic corporation other than a corporation which has an election in effect under section 936, and other than a corporation less than 20 percent of whose gross income is shown to the satisfaction of the Secretary to have been derived from sources within the United States, as determined under the provisions of this part, for the 3-year period ending with the close of the taxable year of such corporation preceding the declaration of such dividends (or for such part of such period as the corporation has been in existence), or”.

Pub. L. 99–514, § 1241(b)(2)Subsec. (a)(2)(B). , substituted “25 percent” for “50 percent” and inserted “(or treated as effectively connected other than under section 884(d)(2))” in two places.

Pub. L. 99–514, § 1211(b)(1)(B)Subsec. (a)(6). , substituted “inventory property (within the meaning of section 865(h)(1))” for “personal property”.

Pub. L. 99–514, § 104(b)(11)Subsec. (b). , substituted “the standard deduction” for “the zero bracket amount”.

Pub. L. 99–514, § 1214(a)(2)Subsec. (c). , amended subsec. (c) generally, substituting provisions relating to foreign business requirements for provisions relating to interest on deposits.

Pub. L. 99–514, § 1214(c)(5)(C)Subsec. (d). , amended subsec. (d) generally, substituting provision for special rule for application of subsec. (a)(2)(B) for former provision for special rules for application of subsec. (a), pars. (1)(B) to (1)(D) and (2)(B), pars. (1) and (2) thereof relating to new entities and transition rule provisions.

Pub. L. 99–514, § 1212(d)Subsecs. (e), (f). , redesignated subsec. (f) as (e) and struck out former subsec. (e) relating to treatment of income from certain leased aircraft, vessels, and spacecraft as income from sources within the United States.

Pub. L. 98–211983—Subsec. (a)(8). added par. (8).

Pub. L. 96–4991980—Subsec. (a)(5). substituted “Disposition of United States real property interest” for “Sale or exchange of real property” in heading and “disposition of a United States real property interest (as defined in section 897(c))” for “sale or exchange of real property located in the United States” in text.

Pub. L. 96–605Subsec. (e). substituted provision directing that income from certain leased aircraft, vessels, and spacecraft be treated as income from sources within the United States for provision permitting the taxpayer to elect to treat income from certain aircraft and vessels as income from sources within the United States and prescribing the manner of revocating such an election.

Pub. L. 95–600, § 540(a)1978—Subsec. (a)(1)(F). , designated existing provisions as cl. (i) and added cl. (ii).

Pub. L. 95–600, § 370(a)Subsec. (f). , added subsec. (f).

Pub. L. 95–301977—Subsec. (b). provided that, in the case of an individual who does not itemize deductions, an amount equal to the zero bracket amount shall be considered a deduction which cannot definitely be allocated to some item or class of gross income.

Pub. L. 94–455July 1, 19741976—Subsec. (a)(1). , §§ 1901(c)(7), 1904(b)(10)(B), struck out “, any Territory, any political subdivision of a Territory,” after “United States” in provisions preceding subpar. (A) and, in subpar. (G), substituted “subsection (c) of section 4912 (as in effect before )” for “section 4912(c)” and “subsection (c)(2) of such section” for “section 4912(c)(2)”.

Pub. L. 94–455Subsec. (a)(2)(A). , §§ 1051(h)(3), 1906(b)(13)(A), substituted “other than a corporation which has an election in effect under section 936” for “other than a corporation entitled to the benefits of section 931” and struck out “or his delegate” after “Secretary”.

Pub. L. 94–455, § 1906(b)(13)(A)Subsec. (a)(2)(D). , struck out “or his delegate” after “Secretary”.

Pub. L. 94–455, § 1901(b)(26)(A)Subsec. (a)(5), (6). , substituted “sale or exchange” for “sale” in headings and text.

Pub. L. 94–455, § 1036(a)Subsec. (a)(7). , added par. (7).

Pub. L. 94–455, § 1041Dec. 31, 1976Subsec. (c)(3). , struck out provision that subsecs. (a)(1)(A) and (c) would cease to apply effective with respect to amounts paid or credited after .

Pub. L. 94–455, § 1901(b)(26)(B)Subsec. (e)(1). , substituted “sale, exchange, or other disposition” for “sale or other disposition”.

Pub. L. 94–455, § 1906(b)(13)(A)Subsecs. (e)(2), (3). , struck out “or his delegate” after “Secretary”.

Pub. L. 93–625, § 9(a)1975—Subsec. (a)(1)(H). , added subpar. (H).

Pub. L. 93–625, § 8Subsec. (c)(3). , substituted “1976” for “1975”.

Pub. L. 92–91971—Subsec. (a)(1)(G). added subpar. (G).

Pub. L. 92–178, § 503Subsec. (a)(2)(D). , added subpar. (D).

Pub. L. 92–178, § 314(a)Subsec. (e). , added subsec. (e).

Pub. L. 91–172, § 435(a)(1)December 31, 19721969—Subsec. (a)(1)(C), (D). , struck out “after ,” after “interest paid or credited” in parenthetical after “interest received from a foreign corporation”.

Pub. L. 91–172, § 435(a)(2)Subsec. (c)(3). , substituted “1975” for “1972”.

Pub. L. 89–809, § 102(a)(1)(A)1966—Subsec. (a)(1)(A). , substituted “interest on amounts described in subsection (c) received by a nonresident alien individual or a foreign corporation, if such interest is not effectively connected with the conduct of a trade or business within the United States” for “interest on deposits with persons carrying on the banking business paid to persons not engaged in business within the United States”.

Pub. L. 89–809, § 102(a)(2)Subsec. (a)(1)(B). , struck out interest received from a resident foreign corporation, and substituted “gross income from all sources of such individual or such corporation” for “gross income of such resident payor or domestic corporation”, and “taxable year of such individual or such corporation” for “taxable year of such payor”.

Pub. L. 89–809, § 102(a)(2)Subsec. (a)(1)(C) to (F). , added subpars. (C), (D), and (F), and redesignated former subpar. (C) as (E).

Pub. L. 89–809, § 102(b)Subsec. (a)(2)(B). , substituted “50 percent of the gross income from all sources” for “50 percent of the gross income”, “effectively connected with the conduct of a trade or business within the United States” for “derived from sources within the United States as determined from the provisions of this part”, and “ratio to such dividends as the gross income of the corporation for such period which was effectively connected with the conduct of a trade or business within the United States bears to its gross income from all sources” for “ratio to such dividends as the gross income of the corporation for such period derived from sources within the United States bears to its gross income from all sources” and inserted “(other than dividends for which a deduction is allowable under section 245(b))” after “dividends” and “(and only to the extent)” after “extent”.

Pub. L. 89–809, § 102(c)Subsec. (a)(3)(C)(ii). , inserted “an individual who is a citizen or resident of the United States, a domestic partnership, or” before “a domestic corporation” and “individual, partnership, or” after “United States by such”.

Pub. L. 89–809, § 102(a)(1)(B)Subsecs. (c), (d). , (3), added subsecs. (c) and (d).

Pub. L. 87–8341962—Subsec. (a)(2)(B). substituted “to the extent exceeding the amount which is 100/85ths of the amount of the deduction allowable under section 245 in respect of such dividends” for “to the extent exceeding the amount of the deduction allowable under section 245 in respect of such dividends.”

Pub. L. 86–7791960—Subsec. (a)(2)(C). added subpar. (C).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–97Dec. 31, 2017section 13002(f) of Pub. L. 115–97section 243 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Effective Date of 2010 Amendment

Pub. L. 111–240, title II, § 2122(d)Sept. 27, 2010124 Stat. 2568

Pub. L. 111–226, title II, § 217(d)Aug. 10, 2010124 Stat. 2402

Effective Date of 2004 Amendment

Pub. L. 108–357, title IV, § 410(b)Oct. 22, 2004118 Stat. 1500

Effective Date of 2001 Amendment

Pub. L. 107–16, title VI, § 621(b)June 7, 2001115 Stat. 111

Effective Date of 1997 Amendment

Pub. L. 105–34Dec. 31, 1997section 1174(c) of Pub. L. 105–34section 7701 of this titleAmendment by applicable to remuneration for services performed in taxable years beginning after , see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–188Pub. L. 101–508, title XIsection 1702(i) of Pub. L. 104–188section 38 of this titleAmendment by effective, except as otherwise expressly provided, as if included in the provision of the Revenue Reconciliation Act of 1990, , to which such amendment relates, see , set out as a note under .

Effective Date of 1990 Amendment

section 11813(b)(17) of Pub. L. 101–508Dec. 31, 1990section 49(e) of this titlesection 46(d) of this titlesection 46(b)(2)(C) of this titleNov. 4, 1990section 11813(c) of Pub. L. 101–508section 45K of this titleAmendment by applicable to property placed in service after , but not applicable to any transition property (as defined in ), any property with respect to which qualified progress expenditures were previously taken into account under , and any property described in , as such sections were in effect on , see , set out as a note under .

Effective Date of 1989 Amendment

section 7811(i)(2) of Pub. L. 101–239Pub. L. 100–647section 7817 of Pub. L. 101–239section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, , to which such amendment relates, 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

Pub. L. 100–203Dec. 31, 1987section 10221(e)(1) of Pub. L. 100–203section 243 of this titleAmendment by applicable to dividends received or accrued after , in taxable years ending after such date, see , set out as a note under .

Effective Date of 1986 Amendment

section 104(b)(11) of Pub. L. 99–514Dec. 31, 1986section 151(a) of Pub. L. 99–514section 1 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

section 1211(b)(1)(B) of Pub. L. 99–514Dec. 31, 1986section 1211(c) of Pub. L. 99–514section 865 of this titleAmendment by applicable to taxable years beginning after , except as otherwise provided, see , set out as an Effective Date note under .

section 1212(d) of Pub. L. 99–514Dec. 31, 1986section 1212(f) of Pub. L. 99–514section 863 of this titleAmendment by applicable to taxable years beginning after , with special rules for certain leased property and for certain ships leased by United States Navy, see , set out as a note under .

Pub. L. 99–514, title XII, § 1214(d)Oct. 22, 1986100 Stat. 2543Pub. L. 100–647, title I, § 1012(g)(1)(A)Nov. 10, 1988102 Stat. 3500

Pub. L. 100–647, title I, § 1012(g)(1)(B)Nov. 10, 1988102 Stat. 3500

section 1241(b) of Pub. L. 99–514Dec. 31, 1986section 1241(e) of Pub. L. 99–514section 884 of this titleAmendment by applicable to taxable years beginning after , see , set out as an Effective Date note under .

Effective Date of 1983 Amendment

Pub. L. 98–21Dec. 31, 1983Dec. 31, 1983Jan. 1, 1984section 121(g) of Pub. L. 98–21section 86 of this titleAmendment by applicable to benefits received after , in taxable years ending after such date, except for any portion of a lump-sum payment of social security benefits received after , if the generally applicable payment date for such portion was before , see , set out as an Effective Date note under .

Effective Date of 1980 Amendment

Pub. L. 96–605, title I, § 104(b)Dec. 28, 198094 Stat. 3523

Pub. L. 96–499June 18, 1980section 1125(a) of Pub. L. 96–499section 897 of this titleAmendment by applicable to dispositions after , see , set out as an Effective Date note under .

Effective Date of 1978 Amendment

Pub. L. 95–600, title III, § 370(b)Nov. 6, 197892 Stat. 2858

Pub. L. 95–600, title V, § 540(b)Nov. 6, 197892 Stat. 2887

Effective Date of 1977 Amendment

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

Effective Date of 1976 Amendment

Pub. L. 94–455, title I, § 1036(c)Oct. 4, 197690 Stat. 1633

section 1051(h)(3) of Pub. L. 94–455section 1051(i)(1) of Pub. L. 94–455section 27 of this titleFor effective date of amendment by , see , set out as a note under .

Pub. L. 94–455Dec. 31, 1976section 1901(d) of Pub. L. 94–455section 2 of this titleAmendment by section 1901(b)(26)(A), (B), (c)(7) of effective for taxable years beginning after , see , set out as a note under .

section 1904(b)(10)(B) of Pub. L. 94–455Oct. 4, 1976section 1904(d) of Pub. L. 94–455section 4041 of this titleAmendment by effective on first day of first month which begins more than 90 days after date of enactment of this Act [], see , set out as a note under .

Effective Date of 1975 Amendment

Pub. L. 93–625, § 9(c)Jan. 3, 197588 Stat. 2116

Effective Date of 1971 Amendments

Pub. L. 92–9, § 3(a)(3)Apr. 1, 197185 Stat. 15

Pub. L. 92–178, title III, § 314(c)Dec. 10, 197185 Stat. 528

section 503 of Pub. L. 92–178Dec. 31, 1971Jan. 1, 1972section 507 of Pub. L. 92–178section 991 of this titleAmendment by applicable with respect to taxable years ending after , except that a corporation may not be a DISC for any taxable year beginning before , see , set out as an Effective Date note under .

Effective Date of 1969 Amendment

Pub. L. 91–172, title IV, § 435(a)(1)Dec. 30, 196983 Stat. 625Dec. 31, 1969, , , provided that the amendment made by that section is effective with respect to amounts paid or credited after .

Effective Date of 1966 Amendment

Pub. L. 89–809, title I, § 102(e)Nov. 13, 196680 Stat. 1547Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095

Effective Date of 1962 Amendment

Pub. L. 87–834Dec. 31, 1964Jan. 1, 1965Dec. 31, 1962Dec. 31, 1962section 9(e) of Pub. L. 87–834section 78 of this titleAmendment by applicable in respect of any distribution received by a domestic corporation after , and in respect of any distribution received by a domestic corporation before , in a taxable year of such corporation beginning after , but only to the extent that such distribution is made out of the accumulated profits of a foreign corporation for a taxable year (of such foreign corporation) beginning after , see , set out as an Effective Date note under .

Effective Date of 1960 Amendment

Pub. L. 86–779Dec. 31, 1959section 3(c) of Pub. L. 86–779section 243 of this titleAmendment by applicable to dividends received after , in taxable years ending after such date, see , set out as a note under .

Short Title of 1971 Amendment

Pub. L. 92–9, § 1(a)Apr. 1, 197185 Stat. 13

Short Title of 1966 Amendment

Pub. L. 89–809, title I, § 101Nov. 13, 196680 Stat. 1541

Savings Provisions

Pub. L. 115–141Mar. 23, 2018Mar. 23, 2018section 401(e) of Pub. L. 115–141section 23 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 .

Pub. L. 101–508Nov. 5, 1990Nov. 5, 1990section 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 .

Dividends Received or Accrued During 1987

section 1006(b)(1)(B) of Pub. L. 100–647section 245 of this titleSubsec. (a)(2)(B) of this section to be applied by substituting “100/80ths” for the fraction specified therein with regard to dividends received or accrued during 1987, see set out as a note under .

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

Pub. L. 100–647, title I, § 1012(aa)(2)Nov. 10, 1988102 Stat. 3531

Qualified Research and Experimental Expenditures; Allocation and Apportionment; Definitions; Special Rules; Effective Dates

Pub. L. 100–647, title IV, § 4009Nov. 10, 1988102 Stat. 3653

1-Year Modification in Regulations Providing for Allocation of Research and Experimental Expenditures

Pub. L. 99–514, title XII, § 1216Oct. 22, 1986100 Stat. 2549

Allocation Under Section 861 of Research and Experimental Expenditures

Pub. L. 98–369, div. A, title I, § 126July 18, 198498 Stat. 648Pub. L. 99–272, title XIII, § 13211Apr. 7, 1986100 Stat. 324Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095

Conformity of Amendments Made by Foreign Investors Tax Act of 1966 With Treaty Obligations of the United States

Pub. L. 89–809, title I, § 110Nov. 13, 196680 Stat. 1575