US Code

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

26 U.S.C. § 901

Taxes of foreign countries and of possessions of United States

(a)

Allowance of credit

If the taxpayer chooses to have the benefits of this subpart, the tax imposed by this chapter shall, subject to the limitation of section 904, be credited with the amounts provided in the applicable paragraph of subsection (b) plus, in the case of a corporation, the taxes deemed to have been paid under section 960. Such choice for any taxable year may be made or changed at any time before the expiration of the period prescribed for making a claim for credit or refund of the tax imposed by this chapter for such taxable year. The credit shall not be allowed against any tax treated as a tax not imposed by this chapter under section 26(b).

(b)

Amount allowed

Subject to the limitation of section 904, the following amounts shall be allowed as the credit under subsection (a):
(1)

Citizens and domestic corporations

In the case of a citizen of the United States and of a domestic corporation, the amount of any income, war profits, and excess profits taxes paid or accrued during the taxable year to any foreign country or to any possession of the United States; and

(2)

Resident of the United States or Puerto Rico

In the case of a resident of the United States and in the case of an individual who is a bona fide resident of Puerto Rico during the entire taxable year, the amount of any such taxes paid or accrued during the taxable year to any possession of the United States; and

(3)

Alien resident of the United States or Puerto Rico

In the case of an alien resident of the United States and in the case of an alien individual who is a bona fide resident of Puerto Rico during the entire taxable year, the amount of any such taxes paid or accrued during the taxable year to any foreign country; and

(4)

Nonresident alien individuals and foreign corporations

In the case of any nonresident alien individual not described in section 876 and in the case of any foreign corporation, the amount determined pursuant to section 906; and

(5)

Partnerships and estates

In the case of any person described in paragraph (1), (2), (3), or (4), who is a member of a partnership or a beneficiary of an estate or trust, the amount of his proportionate share of the taxes (described in such paragraph) of the partnership or the estate or trust paid or accrued during the taxable year to a foreign country or to any possession of the United States, as the case may be. Under rules or regulations prescribed by the Secretary, in the case of any foreign trust of which the settlor or another person would be treated as owner of any portion of the trust under subpart E but for section 672(f), the allocable amount of any income, war profits, and excess profits taxes imposed by any foreign country or possession of the United States on the settlor or such other person in respect of trust income.

(c)

Similar credit required for certain alien residents

Whenever the President finds that—
(1)
a foreign country, in imposing income, war profits, and excess profits taxes, does not allow to citizens of the United States residing in such foreign country a credit for any such taxes paid or accrued to the United States or any foreign country, as the case may be, similar to the credit allowed under subsection (b)(3),
(2)
such foreign country, when requested by the United States to do so, has not acted to provide such a similar credit to citizens of the United States residing in such foreign country, and
(3)
it is in the public interest to allow the credit under subsection (b)(3) to citizens or subjects of such foreign country only if it allows such a similar credit to citizens of the United States residing in such foreign country,
the President shall proclaim that, for taxable years beginning while the proclamation remains in effect, the credit under subsection (b)(3) shall be allowed to citizens or subjects of such foreign country only if such foreign country, in imposing income, war profits, and excess profits taxes, allows to citizens of the United States residing in such foreign country such a similar credit.
(d)

Treatment of dividends from a DISC or former DISC

For purposes of this subpart, dividends from a DISC or former DISC (as defined in section 992(a)) shall be treated as dividends from a foreign corporation to the extent such dividends are treated under part I as income from sources without the United States.

(e)

Foreign taxes on mineral income

(1)

Reduction in amount allowed

Notwithstanding subsection (b), the amount of any income, war profits, and excess profits taxes paid or accrued during the taxable year to any foreign country or possession of the United States with respect to foreign mineral income from sources within such country or possession which would (but for this paragraph) be allowed under such subsection shall be reduced by the amount (if any) by which—
(A)
the amount of such taxes (or, if smaller, the amount of the tax which would be computed under this chapter with respect to such income determined without the deduction allowed under section 613), exceeds
(B)
the amount of the tax computed under this chapter with respect to such income.
(2)

Foreign mineral income defined

1

1 So in original. Probably should be followed by a comma.
For purposes of paragraph (1), the term “foreign mineral income” means income derived from the extraction of minerals from mines, wells, or other natural deposits, the processing of such minerals into their primary products, and the transportation, distribution, or sale of such minerals or primary products. Such term includes, but is not limited to  that portion of the taxpayer’s distributive share of the income of partnerships attributable to foreign mineral income.

(f)

Certain payments for oil or gas not considered as taxes

Notwithstanding subsection (b) and section 960, the amount of any income, or profits, and excess profits taxes paid or accrued during the taxable year to any foreign country in connection with the purchase and sale of oil or gas extracted in such country is not to be considered as tax for purposes of section 275(a) and this section if—
(1)
the taxpayer has no economic interest in the oil or gas to which section 611(a) applies, and
(2)
either such purchase or sale is at a price which differs from the fair market value for such oil or gas at the time of such purchase or sale.
(g)

Certain taxes paid with respect to distributions from possessions corporations

(1)

In general

For purposes of this chapter, any tax of a foreign country or possession of the United States which is paid or accrued with respect to any distribution from a corporation—
(A)
to the extent that such distribution is attributable to periods during which such corporation is a possessions corporation, and
(B)
(i)
if a dividends received deduction is allowable with respect to such distribution under part VIII of subchapter B, or
(ii)
to the extent that such distribution is received in connection with a liquidation or other transaction with respect to which gain or loss is not recognized,
shall not be treated as income, war profits, or excess profits taxes paid or accrued to a foreign country or possession of the United States, and no deduction shall be allowed under this title with respect to any amount so paid or accrued.
(2)

Possessions corporation

For purposes of paragraph (1), a corporation shall be treated as a possessions corporation for any period during which an election under section 936 (as in effect on the day before the date of the enactment of the Tax Technical Corrections Act of 2018) applied to such corporation, during which section 931 (as in effect on the day before the date of the enactment of the Tax Reform Act of 1976) applied to such corporation, or during which section 957(c) (as in effect on the day before the date of the enactment of the Tax Reform Act of 1986) applied to such corporation.

[(h)

Pub. L. 110–172, § 11(g)(9)121 Stat. 2490 Repealed. , , ]

(i)

Taxes used to provide subsidies

Any income, war profits, or excess profits tax shall not be treated as a tax for purposes of this title to the extent—
(1)
the amount of such tax is used (directly or indirectly) by the country imposing such tax to provide a subsidy by any means to the taxpayer, a related person (within the meaning of section 482), or any party to the transaction or to a related transaction, and
(2)
such subsidy is determined (directly or indirectly) by reference to the amount of such tax, or the base used to compute the amount of such tax.
(j)

Denial of foreign tax credit, etc., with respect to certain foreign countries

(1)

In general

Notwithstanding any other provision of this part—
(A)
no credit shall be allowed under subsection (a) for any income, war profits, or excess profits taxes paid or accrued (or deemed paid under section 960) to any country if such taxes are with respect to income attributable to a period during which this subsection applies to such country, and
(B)
subsections (a), (b), and (c) of section 904 and section 960 shall be applied separately with respect to income attributable to such a period from sources within such country.
(2)

Countries to which subsection applies

(A)

In general

This subsection shall apply to any foreign country—
(i)
the government of which the United States does not recognize, unless such government is otherwise eligible to purchase defense articles or services under the Arms Export Control Act,
(ii)
with respect to which the United States has severed diplomatic relations,
(iii)
with respect to which the United States has not severed diplomatic relations but does not conduct such relations, or
(iv)
2
2 See References in Text note below.
which the Secretary of State has, pursuant to section 6(j)  of the Export Administration Act of 1979, as amended, designated as a foreign country which repeatedly provides support for acts of international terrorisms.
(B)

Period for which subsection applies

This subsection shall apply to any foreign country described in subparagraph (A) during the period—
(i)
beginning on the later of—
(I)
, or
(II)
6 months after such country becomes a country described in subparagraph (A), and
(ii)
ending on the date the Secretary of State certifies to the Secretary of the Treasury that such country is no longer described in subparagraph (A).
(3)

Taxes allowed as a deduction, etc.

Sections 275 and 78 shall not apply to any tax which is not allowable as a credit under subsection (a) by reason of this subsection.

(4)

Regulations

The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection, including regulations which treat income paid through 1 or more entities as derived from a foreign country to which this subsection applies if such income was, without regard to such entities, derived from such country.

(5)

Waiver of denial

(A)

In general

Paragraph (1) shall not apply with respect to taxes paid or accrued to a country if the President—
(i)
determines that a waiver of the application of such paragraph is in the national interest of the United States and will expand trade and investment opportunities for United States companies in such country; and
(ii)
reports such waiver under subparagraph (B).
(B)

Report

Not less than 30 days before the date on which a waiver is granted under this paragraph, the President shall report to Congress—
(i)
the intention to grant such waiver; and
(ii)
the reason for the determination under subparagraph (A)(i).
(k)

Minimum holding period for certain taxes on dividends

(1)

Withholding taxes

(A)

In general

In no event shall a credit be allowed under subsection (a) for any withholding tax on a dividend with respect to stock in a corporation if—
(i)
such stock is held by the recipient of the dividend for 15 days or less during the 31-day period beginning on the date which is 15 days before the date on which such share becomes ex-dividend with respect to such dividend, or
(ii)
to the extent that the recipient of the dividend is under an obligation (whether pursuant to a short sale or otherwise) to make related payments with respect to positions in substantially similar or related property.
(B)

Withholding tax

For purposes of this paragraph, the term “withholding tax” includes any tax determined on a gross basis; but does not include any tax which is in the nature of a prepayment of a tax imposed on a net basis.

(2)

Deemed paid taxes

In the case of income, war profits, or excess profits taxes deemed paid under section 853 or 960 through a chain of ownership of stock in 1 or more corporations, no credit shall be allowed under subsection (a) for such taxes if—
(A)
any stock of any corporation in such chain (the ownership of which is required to obtain credit under subsection (a) for such taxes) is held for less than the period described in paragraph (1)(A)(i), or
(B)
the corporation holding the stock is under an obligation referred to in paragraph (1)(A)(ii).
(3)

45-day rule in the case of certain preference dividends

In the case of stock having preference in dividends and dividends with respect to such stock which are attributable to a period or periods aggregating in excess of 366 days, paragraph (1)(A)(i) shall be applied—
(A)
by substituting “45 days” for “15 days” each place it appears, and
(B)
by substituting “91-day period” for “31-day period”.
(4)

Exception for certain taxes paid by securities dealers

(A)

In general

Paragraphs (1) and (2) shall not apply to any qualified tax with respect to any security held in the active conduct in a foreign country of a business as a securities dealer of any person—
(i)
who is registered as a securities broker or dealer under section 15(a) of the Securities Exchange Act of 1934,
(ii)
who is registered as a Government securities broker or dealer under section 15C(a) of such Act, or
(iii)
who is licensed or authorized in such foreign country to conduct securities activities in such country and is subject to bona fide regulation by a securities regulating authority of such country.
(B)

Qualified tax

For purposes of subparagraph (A), the term “qualified tax” means a tax paid to a foreign country (other than the foreign country referred to in subparagraph (A)) if—
(i)
the dividend to which such tax is attributable is subject to taxation on a net basis by the country referred to in subparagraph (A), and
(ii)
such country allows a credit against its net basis tax for the full amount of the tax paid to such other foreign country.
(C)

Regulations

The Secretary may prescribe such regulations as may be appropriate to carry out this paragraph, including regulations to prevent the abuse of the exception provided by this paragraph and to treat other taxes as qualified taxes.

(5)

Certain rules to apply

For purposes of this subsection, the rules of paragraphs (3) and (4) of section 246(c) shall apply.

(6)

Treatment of bona fide sales

If a person’s holding period is reduced by reason of the application of the rules of section 246(c)(4) to any contract for the bona fide sale of stock, the determination of whether such person’s holding period meets the requirements of paragraph (2) with respect to taxes deemed paid under section 960 shall be made as of the date such contract is entered into.

(7)

Taxes allowed as deduction, etc.

Sections 275 and 78 shall not apply to any tax which is not allowable as a credit under subsection (a) by reason of this subsection.

(l)

Minimum holding period for withholding taxes on gain and income other than dividends etc.

(1)

In general

In no event shall a credit be allowed under subsection (a) for any withholding tax (as defined in subsection (k)) on any item of income or gain with respect to any property if—
(A)
such property is held by the recipient of the item for 15 days or less during the 31-day period beginning on the date which is 15 days before the date on which the right to receive payment of such item arises, or
(B)
to the extent that the recipient of the item is under an obligation (whether pursuant to a short sale or otherwise) to make related payments with respect to positions in substantially similar or related property.
This paragraph shall not apply to any dividend to which subsection (k) applies.
(2)

Exception for taxes paid by dealers

(A)

In general

Paragraph (1) shall not apply to any qualified tax with respect to any property held in the active conduct in a foreign country of a business as a dealer in such property.

(B)

Qualified tax

For purposes of subparagraph (A), the term “qualified tax” means a tax paid to a foreign country (other than the foreign country referred to in subparagraph (A)) if—
(i)
the item to which such tax is attributable is subject to taxation on a net basis by the country referred to in subparagraph (A), and
(ii)
such country allows a credit against its net basis tax for the full amount of the tax paid to such other foreign country.
(C)

Dealer

For purposes of subparagraph (A), the term “dealer” means—
(i)
with respect to a security, any person to whom paragraphs (1) and (2) of subsection (k) would not apply by reason of paragraph (4) thereof, and
(ii)
with respect to any other property, any person with respect to whom such property is described in section 1221(a)(1).
(D)

Regulations

The Secretary may prescribe such regulations as may be appropriate to carry out this paragraph, including regulations to prevent the abuse of the exception provided by this paragraph and to treat other taxes as qualified taxes.

(3)

Exceptions

The Secretary may by regulation provide that paragraph (1) shall not apply to property where the Secretary determines that the application of paragraph (1) to such property is not necessary to carry out the purposes of this subsection.

(4)

Certain rules to apply

Rules similar to the rules of paragraphs (5), (6), and (7) of subsection (k) shall apply for purposes of this subsection.

(5)

Determination of holding period

Holding periods shall be determined for purposes of this subsection without regard to section 1235 or any similar rule.

(m)

Denial of foreign tax credit with respect to foreign income not subject to United States taxation by reason of covered asset acquisitions

(1)

In general

In the case of a covered asset acquisition, the disqualified portion of any foreign income tax determined with respect to the income or gain attributable to the relevant foreign assets—
(A)
shall not be taken into account in determining the credit allowed under subsection (a), and
(B)
in the case of a foreign income tax paid by a foreign corporation, shall not be taken into account for purposes of section 960.
(2)

Covered asset acquisition

For purposes of this section, the term “covered asset acquisition” means—
(A)
a qualified stock purchase (as defined in section 338(d)(3)) to which section 338(a) applies,
(B)
any transaction which—
(i)
is treated as an acquisition of assets for purposes of this chapter, and
(ii)
is treated as the acquisition of stock of a corporation (or is disregarded) for purposes of the foreign income taxes of the relevant jurisdiction,
(C)
any acquisition of an interest in a partnership which has an election in effect under section 754, and
(D)
to the extent provided by the Secretary, any other similar transaction.
(3)

Disqualified portion

For purposes of this section—
(A)

In general

The term “disqualified portion” means, with respect to any covered asset acquisition, for any taxable year, the ratio (expressed as a percentage) of—
(i)
the aggregate basis differences (but not below zero) allocable to such taxable year under subparagraph (B) with respect to all relevant foreign assets, divided by
(ii)
the income on which the foreign income tax referred to in paragraph (1) is determined (or, if the taxpayer fails to substantiate such income to the satisfaction of the Secretary, such income shall be determined by dividing the amount of such foreign income tax by the highest marginal tax rate applicable to such income in the relevant jurisdiction).
(B)

Allocation of basis difference

For purposes of subparagraph (A)(i)—
(i)

In general

The basis difference with respect to any relevant foreign asset shall be allocated to taxable years using the applicable cost recovery method under this chapter.

(ii)

Special rule for disposition of assets

Except as otherwise provided by the Secretary, in the case of the disposition of any relevant foreign asset—
(I)
the basis difference allocated to the taxable year which includes the date of such disposition shall be the excess of the basis difference with respect to such asset over the aggregate basis difference with respect to such asset which has been allocated under clause (i) to all prior taxable years, and
(II)
no basis difference with respect to such asset shall be allocated under clause (i) to any taxable year thereafter.
(C)

Basis difference

(i)

In general

The term “basis difference” means, with respect to any relevant foreign asset, the excess of—
(I)
the adjusted basis of such asset immediately after the covered asset acquisition, over
(II)
the adjusted basis of such asset immediately before the covered asset acquisition.
(ii)

Built-in loss assets

In the case of a relevant foreign asset with respect to which the amount described in clause (i)(II) exceeds the amount described in clause (i)(I), such excess shall be taken into account under this subsection as a basis difference of a negative amount.

(iii)

Special rule for section 338 elections

In the case of a covered asset acquisition described in paragraph (2)(A), the covered asset acquisition shall be treated for purposes of this subparagraph as occurring at the close of the acquisition date (as defined in section 338(h)(2)).

(4)

Relevant foreign assets

For purposes of this section, the term “relevant foreign asset” means, with respect to any covered asset acquisition, any asset (including any goodwill, going concern value, or other intangible) with respect to such acquisition if income, deduction, gain, or loss attributable to such asset is taken into account in determining the foreign income tax referred to in paragraph (1).

(5)

Foreign income tax

For purposes of this section, the term “foreign income tax” means any income, war profits, or excess profits tax paid or accrued to any foreign country or to any possession of the United States.

(6)

Taxes allowed as a deduction, etc.

Sections 275 and 78 shall not apply to any tax which is not allowable as a credit under subsection (a) by reason of this subsection.

(7)

Regulations

The Secretary may issue such regulations or other guidance as is necessary or appropriate to carry out the purposes of this subsection, including to exempt from the application of this subsection certain covered asset acquisitions, and relevant foreign assets with respect to which the basis difference is de minimis.

(n)

Cross reference

(1)
For deductions of income, war profits, and excess profits taxes paid to a foreign country or a possession of the United States, see sections 164 and 275.
(2)
For right of each partner to make election under this section, see section 703(b).
(3)
For right of estate or trust to the credit for taxes imposed by foreign countries and possessions of the United States under this section, see section 642(a).
(4)
For reduction of credit for failure of a United States person to furnish certain information with respect to a foreign corporation or partnership controlled by him, see section 6038.

Aug. 16, 1954, ch. 73668A Stat. 285Pub. L. 86–780, § 3(a)74 Stat. 1013Pub. L. 87–83476 Stat. 1001Pub. L. 88–272, title II, § 207(b)(7)78 Stat. 42Pub. L. 89–384, § 1(c)(2)80 Stat. 102Pub. L. 89–809, title I, § 106(a)(4)80 Stat. 1569Pub. L. 91–172, title III, § 301(b)(9)83 Stat. 585Pub. L. 92–178, title V, § 502(b)(1)85 Stat. 549Pub. L. 93–406, title II88 Stat. 957Pub. L. 94–12, title VI, § 601(b)89 Stat. 57Pub. L. 94–455, title X90 Stat. 1622Pub. L. 95–600, title VII, § 701(u)(1)(A)92 Stat. 2912Pub. L. 97–248, title II, § 201(d)(8)(A)96 Stat. 420Pub. L. 97–448, title III, § 306(a)(1)(A)(i)96 Stat. 2400Pub. L. 98–369, div. A, title IV, § 474(r)(20)98 Stat. 843Pub. L. 99–509, title VIII, § 8041(a)100 Stat. 1962Pub. L. 99–514, title I, § 112(b)(3)100 Stat. 2109Pub. L. 100–203, title X, § 10231(a)101 Stat. 1330–418Pub. L. 100–647, title I, § 1012(j)102 Stat. 3512Pub. L. 103–149, § 4(b)(8)(A)107 Stat. 1505Pub. L. 104–188, title I, § 1904(b)(2)110 Stat. 1912Pub. L. 105–34, title X, § 1053(a)111 Stat. 941Pub. L. 105–206, title VI, § 6010(k)(3)112 Stat. 815Pub. L. 106–200, title VI, § 601(a)114 Stat. 305Pub. L. 108–311, title IV, § 406(g)118 Stat. 1190Pub. L. 108–357, title IV, § 405(b)118 Stat. 1498Pub. L. 109–135, title IV, § 403(aa)(2)119 Stat. 2630Pub. L. 110–172, § 11(g)(9)121 Stat. 2490Pub. L. 111–226, title II, § 212(a)124 Stat. 2396Pub. L. 115–97, title I, § 14301(c)(7)131 Stat. 2222Pub. L. 115–141, div. U, title IV, § 401(d)(1)(D)(xii)132 Stat. 1208(, ; , (b), , ; , §§ 9(d)(3), 12(b)(1), , , 1031; , , ; , , ; , (5), (b)(1), (2), , ; , title V, § 506(a), , , 634; , , ; , §§ 2001(g)(2)(C), 2002(g)(3), 2005(c)(5), , , 968, 991; , , ; , §§ 1031(b)(1), 1051(d), title XIX, § 1901(b)(1)(H)(iii), (37)(A), , , 1645, 1791, 1803; , (B), , ; , formerly § 201(c)(8)(A), § 265(b)(2)(A)(iv), , , 547, renumbered § 201(d)(8)(A), , , ; , title VI, § 612(e)(1), title VII, § 713(c)(1)(C), title VIII, § 801(d)(1), , , 912, 957, 995; , , ; , title XII, § 1204(a), title XVIII, § 1876(p)(2), , , 2532, 2902; , (b), , , 1330–419; , title II, § 2003(c)(1), , , 3598; , , ; , , ; , title XI, § 1142(e)(4), , , 983; , , ; , , ; , , ; , title VIII, § 832(a), (b), , , 1587, 1588; , , ; , , ; , , ; –(14), , , 2223; , , .)

Editorial Notes

References in Text

Pub. L. 115–141, div. U, title IV, § 401(d)(1)(C)132 Stat. 1206Section 936, referred to in subsec. (g)(2), was repealed by , , .

Pub. L. 115–141The date of the enactment of the Tax Technical Corrections Act of 2018, referred to in subsec. (g)(2), is the date of enactment of div. U of , which was approved .

Pub. L. 94–455The date of the enactment of the Tax Reform Act of 1976, referred to in subsec. (g)(2), is the date of enactment of , which was approved .

Pub. L. 99–514The date of the enactment of the Tax Reform Act of 1986, referred to in subsec. (g)(2), is the date of enactment of , which was approved .

Pub. L. 90–26982 Stat. 1320section 2751 of Title 22The Arms Export Control Act, referred to in subsec. (j)(2)(A)(i), is , , , which is classified principally to chapter 39 (§ 2751 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

section 4605(j) of Title 50Pub. L. 115–232, div. A, title XVII, § 1766(a)132 Stat. 2232Section 6(j) of the Export Administration Act of 1979, referred to in subsec. (j)(2)(A)(iv), was classified to , War and National Defense, prior to repeal by , , .

ooSections 15(a) and 15C(a) of the Securities Exchange Act of 1934, referred to in subsec. (k)(4)(A)(i), (ii), are classified to sections 78(a) and 78–5(a), respectively, of Title 15, Commerce and Trade.

Amendments

Pub. L. 115–1412018—Subsec. (g)(2). inserted “(as in effect on the day before the date of the enactment of the Tax Technical Corrections Act of 2018)” after “section 936”.

Pub. L. 115–97, § 14301(c)(7)2017—Subsec. (a). , substituted “section 960” for “sections 902 and 960”.

Pub. L. 115–97, § 14301(c)(8)Subsec. (e)(2). , substituted “but is not limited to that portion” for “but is not limited to—

“(A) dividends received from a foreign corporation in respect of which taxes are deemed paid by the taxpayer under section 902, to the extent such dividends are attributable to foreign mineral income, and

“(B) that portion”.

Pub. L. 115–97, § 14301(c)(9)Subsec. (f). , substituted “section 960” for “sections 902 and 960” in introductory provisions.

Pub. L. 115–97, § 14301(c)(10)Subsec. (j)(1)(A). , struck out “902 or” after “under section”.

Pub. L. 115–97, § 14301(c)(11)Subsec. (j)(1)(B). , substituted “section 960” for “sections 902 and 960”.

Pub. L. 115–97, § 14301(c)(12)Subsec. (k)(2). , struck out “, 902,” after “under section 853” in introductory provisions.

Pub. L. 115–97, § 14301(c)(13)Subsec. (k)(6). , struck out “902 or” after “under section”.

Pub. L. 115–97, § 14301(c)(14)Subsec. (m)(1)(B). , amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “in the case of a foreign income tax paid by a section 902 corporation (as defined in section 909(d)(5)), shall not be taken into account for purposes of section 902 or 960.”

Pub. L. 111–2262010—Subsecs. (m), (n). added subsec. (m) and redesignated former subsec. (m) as (n).

Pub. L. 110–1722007—Subsec. (h). struck out subsec. (h), which read as follows: “No credit shall be allowed under this section for any income, war profits, and excess profits taxes paid or accrued with respect to the foreign trade income (within the meaning of section 923(b)) of a FSC, other than section 923(a)(2) non-exempt income (within the meaning of section 927(d)(6)).”

lPub. L. 109–1352005—Subsec. ()(2)(C)(i). struck out “if such security were stock” after “paragraph (4) thereof”.

Pub. L. 108–357, § 405(b)2004—Subsec. (b)(5). , substituted “any person” for “any individual”.

Pub. L. 108–357, § 832(b)Subsec. (k). , inserted “on dividends” after “taxes” in heading.

Pub. L. 108–311, § 406(g)(1)Subsec. (k)(1)(A)(i). , substituted “31-day period” for “30-day period”.

Pub. L. 108–311, § 406(g)(2)Subsec. (k)(3)(B). , substituted “91-day period” for “90-day period” and “31-day period” for “30-day period”.

lPub. L. 108–357, § 832(a)llSubsecs. (), (m). , added subsec. () and redesignated former subsec. () as (m).

Pub. L. 106–2002000—Subsec. (j)(5). added par. (5).

Pub. L. 105–2061998—Subsec. (k)(4)(A). substituted “business as a securities dealer” for “securities business” in introductory provisions.

Pub. L. 105–34, § 1053(a)l1997—Subsec. (k). , added subsec. (k). Former subsec. (k) redesignated ().

lPub. L. 105–34, § 1053(a)lSubsec. (). , redesignated subsec. (k) as ().

lPub. L. 105–34, § 1142(e)(4)llPub. L. 105–34, § 1053(a)Subsec. ()(4). , which directed amendment of subsec. (k)(4) by substituting “foreign corporation or partnership” for “foreign corporation”, was executed to subsec. ()(4) to reflect the probable intent of Congress and the redesignation of subsec. (k) as () by . See above.

Pub. L. 104–1881996—Subsec. (b)(5). inserted at end “Under rules or regulations prescribed by the Secretary, in the case of any foreign trust of which the settlor or another person would be treated as owner of any portion of the trust under subpart E but for section 672(f), the allocable amount of any income, war profits, and excess profits taxes imposed by any foreign country or possession of the United States on the settlor or such other person in respect of trust income.”

Pub. L. 103–1491993—Subsec. (j)(2)(C). struck out heading and text of subpar. (C). Text read as follows:

In general“(i) .—In addition to any period during which this subsection would otherwise apply to South Africa, this subsection shall apply to South Africa during the period—

“(I) beginning on , and

“(II) ending on the date the Secretary of State certifies to the Secretary of the Treasury that South Africa meets the requirements of section 311(a) of the Comprehensive Anti-Apartheid Act of 1986 (as in effect on the date of the enactment of this subparagraph).

South africa defined“(ii) .—For purposes of clause (i), the term ‘South Africa’ has the meaning given to such term by paragraph (6) of section 3 of the Comprehensive Anti-Apartheid Act of 1986 (as so in effect).”

Pub. L. 100–647, § 1012(j)1988—Subsec. (g)(2). , inserted “(as in effect on the day before the date of the enactment of the Tax Reform Act of 1986)” after “section 957(c)”.

Pub. L. 100–647, § 2003(c)(1)Subsec. (j)(3). , inserted “, etc.” at end of heading and substituted “Sections 275 and 78” for “Section 275” in text.

Pub. L. 100–203, § 10231(b)1987—Subsec. (j)(1). , substituted “during which” for “to which” in subpar. (A) and “such country” for “any country so identified” in subpar. (B).

Pub. L. 100–203, § 10231(a)Subsec. (j)(2)(C). , added subpar. (C).

Pub. L. 99–514, § 1876(p)(2)1986—Subsec. (h). , inserted closing parenthesis after “section 927(d)(6)”.

Pub. L. 99–514, § 1204(a)Subsec. (i). , added subsec. (i). Former subsec. (i) redesignated (j).

Pub. L. 99–514, § 112(b)(3)Subsec. (i)(3). , substituted “section 642(a)” for “section 642(a)(1)”.

Pub. L. 99–509Subsec. (j). added subsec. (j). Former subsec. (j) redesignated (k).

Pub. L. 99–514, § 1204(a), redesignated former subsec. (i) as (j).

Pub. L. 99–509Subsec. (k). redesignated former subsec. (j) as (k).

Pub. L. 98–369, § 612(e)(1)1984—Subsec. (a). , substituted “section 26(b)” for “section 25(b)”.

Pub. L. 98–369, § 474(r)(20), substituted “The credit shall not be allowed against any tax treated as a tax not imposed by this chapter under section 25(b)” for “The credit shall not be allowed against the tax imposed by section 56 (relating to corporate minimum tax), against the tax imposed for the taxable year under section 72(m)(5)(B) (relating to 10 percent tax on premature distributions to owner-employees) section 72(q)(1) (relating to 5-percent tax on premature distributions under annuity contracts),, against the tax imposed by section 402(e) (relating to tax on lump sum distributions), against the tax imposed for the taxable year by section 408(f) (relating to additional tax on income from certain retirement accounts), against the tax imposed by section 531 (relating to the tax on accumulated earnings), against the additional tax imposed for the taxable year under section 1351 (relating to recoveries of foreign expropriation losses), or against the personal holding company tax imposed by section 541”.

Pub. L. 98–369, § 713(c)(1)(C), substituted “premature distributions to key employees” for “premature distributions to owner-employees”.

Pub. L. 98–369, § 801(d)(1)Subsecs. (h), (i). , added subsec. (h) and redesignated former subsec. (h) as (i).

Pub. L. 97–2481982—Subsec. (a). substituted “(relating to corporate minimum tax)” for “(relating to minimum tax for tax preferences)” after “section 56”, and inserted “section 72(q)(1) (relating to 5-percent tax on premature distributions under annuity contracts),” after “owner employees)”.

Pub. L. 95–600, § 701(u)(1)(A)1978—Subsec. (g)(1). , inserted provisions prohibiting a deduction for any tax of a foreign country or possession of the United States which is paid or accrued with respect to any distribution from a corporation if a dividends received deduction is allowable with respect to that distribution from a corporation under part VIII of subchapter B.

Pub. L. 95–600, § 701(u)(1)(B)section 957(c) of this titleSubsec. (g)(2). , inserted provision relating to application of .

Pub. L. 94–4551976—Subsec. (a). , §§ 1031(b)(1), 1901(b)(37)(A), struck out “under section 1333 (relating to war loss recoveries) or” after “imposed for the taxable year” and “applicable” after “subject to the”.

Pub. L. 94–455, § 1031(b)(1)Subsec. (b). , struck out “applicable” after “Subject to the”.

Pub. L. 94–455, § 1051(d)(1)Subsec. (d). , struck out provisions relating to corporations receiving a large percentage of their gross receipts from sources within a possession of the United States and a corporation organized under the China Trade Act, 1922 (15 U.S.C. chapter 4).

Pub. L. 94–455Subsecs. (g), (h). , §§ 1051(d)(2), 1901(b)(1)(H)(iii), added subsec. (g), redesignated former subsec. (g) as (h), and, as redesignated, substituted “section 642(a)(1)” for “section 642(a)(2)” in par. (3).

Pub. L. 94–121975—Subsecs. (f), (g). added subsec. (f) and redesignated former subsec. (f) as (g).

Pub. L. 93–4601974—Subsec. (a). inserted references to the tax imposed for the taxable year under section 72(m)(5)(B) (relating to 10 percent tax on premature distributions to owner-employees), the tax imposed for the taxable year by section 408(f) (relating to additional tax on income from certain retirement accounts), and the tax imposed by section 402(e) (relating to tax on lump sum distributions).

Pub. L. 92–1781971—Subsec. (d). inserted provision for treatment of dividends from a DISC or former DISC as dividends from a foreign corporation to the extent such dividends are treated under part I as income from sources without the United States.

Pub. L. 91–172, § 301(b)(9)1969—Subsec. (a). , inserted “against the tax imposed by section 56 (relating to minimum tax for tax preferences),” after “not be allowed” in last sentence.

Pub. L. 91–172, § 506(a)Subsecs. (e), (f). , added subsec. (e) and redesignated former subsec. (e) as (f).

Pub. L. 89–3841966—Subsec. (a). added the additional tax imposed under section 1351 (relating to recoveries of foreign expropriation losses) to the list of taxes against which the foreign tax credit may not be allowed.

Pub. L. 89–809, § 106(b)(1)Subsec. (b)(3). , struck out provisions which made the allowance of the credit dependent upon whether the foreign country of which the alien resident was a citizen or subject, in imposing such taxes, allowed a similar credit to citizens of the United States residing in such country.

Pub. L. 89–809, § 106(a)(4)Subsec. (b)(4), (5). , (5), added par. (4), redesignated former par. (4) as (5) and inserted reference to par. (4).

Pub. L. 89–809, § 106(b)(2)Subsecs. (c) to (e). , added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

Pub. L. 88–2721964—Subsec. (d)(1). inserted reference to section 275.

Pub. L. 87–834, § 12(b)(1)1962—Subsec. (a). , substituted “sections 902 and 960” for “section 902”.

Pub. L. 87–834, § 9(d)(3)Subsec. (d)(4). , added par. (4).

Pub. L. 86–780, § 3(a)1960—Subsec. (a). , (b), inserted “applicable” before “limitation” and substituted “Such choice for any taxable year may be made or changed at any time before the expiration of the period prescribed for making a claim for credit or refund of the tax imposed by this chapter for such taxable year” for “Such choice may be made or changed at any time prior to the expiration of the period prescribed for making a claim for credit or refund of the tax against which the credit is allowable.”

Pub. L. 86–780, § 3(b)Subsec. (b). , inserted “applicable” before “limitation”.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–97section 14301(d) of Pub. L. 115–97section 78 of this titleAmendment by applicable to taxable years of foreign corporations beginning after , and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end, see , set out as a note under .

Effective Date of 2010 Amendment

Pub. L. 111–226, title II, § 212(b)124 Stat. 2398

“(1)

In general .—

Except as provided in paragraph (2), the amendments made by this section [amending this section] shall apply to covered asset acquisitions (as defined in section 901(m)(2) of the Internal Revenue Code of 1986, as added by this section) after .
“(2)

Transition rule .—

The amendments made by this section shall not apply to any covered asset acquisition (as so defined) with respect to which the transferor and the transferee are not related if such acquisition is—
“(A)
made pursuant to a written agreement which was binding on , and at all times thereafter,
“(B)
described in a ruling request submitted to the Internal Revenue Service on or before , or
“(C)
described on or before , in a public announcement or in a filing with the Securities and Exchange Commission.
“(3)

Related persons .—

For purposes of this subsection, a person shall be treated as related to another person if the relationship between such persons is described in section 267 or 707(b) of the Internal Revenue Code of 1986.”
, , , provided that:

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

Pub. L. 108–357, title IV, § 405(c)118 Stat. 1498

section 902 of this title“The amendments made by this section [amending this section and ] shall apply to taxes of foreign corporations for taxable years of such corporations beginning after the date of the enactment of this Act [].”
, , , provided that:

Pub. L. 108–357, title VIII, § 832(c)118 Stat. 1588

“The amendments made by this section [amending this section] shall apply to amounts paid or accrued more than 30 days after the date of the enactment of this Act [].”
, , , provided that:

Pub. L. 108–311Pub. L. 105–34section 406(h) of Pub. L. 108–311section 55 of this titleAmendment by effective as if included in the provisions of the Taxpayer Relief Act of 1997, , to which such amendment relates, see , set out as a note under .

Effective Date of 2000 Amendment

Pub. L. 106–200, title VI, § 601(b)114 Stat. 305

“The amendment made by this section [amending this section] shall apply on or after .”
, , , provided that:

Effective Date of 1998 Amendment

Pub. L. 105–206Pub. L. 105–34section 6024 of Pub. L. 105–206section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, , to which such amendment relates, see , set out as a note under .

Effective Date of 1997 Amendment

section 1053(a) of Pub. L. 105–34section 1053(c) of Pub. L. 105–34section 853 of this titleAmendment by applicable to dividends paid or accrued more than 30 days after , see , set out as a note under .

section 1142(e)(4) of Pub. L. 105–34section 1142(f) of Pub. L. 105–34section 318 of this titleAmendment by applicable to annual accounting periods beginning after , see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–188section 1904(d) of Pub. L. 104–188section 643 of this titleAmendment by effective , with exception for certain trusts, see , set out as a note under .

Effective Date of 1988 Amendment

section 1012(j) of 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 .

Pub. L. 100–647, title II, § 2003(c)(2)102 Stat. 3598

“The amendments made by paragraph (1) [amending this section] shall take effect on .”
, , , provided that:

Effective Date of 1987 Amendment

Pub. L. 100–203, title X, § 10231(c)101 Stat. 1330–419

“The amendments made by this section [amending this section] shall apply to taxable years beginning after .”
, , , provided that:

Effective Date of 1986 Amendments

section 112(b)(3) of Pub. L. 99–514section 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 .

Pub. L. 99–514, title XII, § 1204(b)100 Stat. 2532

“The amendment made by subsection (a) [amending this section] shall apply to foreign taxes paid or accrued in taxable years beginning after .”
, , , provided that:

section 1876(p)(2) of Pub. L. 99–514Pub. L. 98–369, div. Asection 1881 of Pub. L. 99–514section 48 of this titleAmendment by 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. 99–509, title VIII, § 8041(c)100 Stat. 1963

section 952 of this title“The amendments made by this section [amending this section and ] shall take effect on .”
, , , provided that:

Effective Date of 1984 Amendment

section 474(r)(20) of Pub. L. 98–369section 475(a) of Pub. L. 98–369section 21 of this titleAmendment by applicable to taxable years beginning after , and to carrybacks from such years, see , set out as a note under .

section 612(e)(1) of Pub. L. 98–369section 612(g) of Pub. L. 98–369section 25 of this titleAmendment by applicable to interest paid or accrued after , on indebtedness incurred after , see , set out as an Effective Date note under .

section 713(c)(1)(C) of Pub. L. 98–369Pub. L. 97–248section 715 of Pub. L. 98–369section 31 of this titleAmendment by effective as if included in the provision of the Tax Equity and Fiscal Responsibility Act of 1982, , to which such amendment relates, see , set out as a note under .

section 801(d)(1) of Pub. L. 98–369section 805(a)(1) of Pub. L. 98–369section 245 of this titleAmendment by applicable to transactions after , in taxable years ending after such date, see , as amended, set out as a note under .

Effective Date of 1982 Amendment

section 201(d)(8)(A) 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 .

section 265(b)(2)(A)(iv) of Pub. L. 97–248section 265(c)(2) of Pub. L. 97–248section 72 of this titleAmendment by applicable to distributions after , see , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–600, title VII, § 701(u)(1)(C)92 Stat. 2913Pub. L. 99–514, § 2100 Stat. 2095

section 1051(d)(2) of Pub. L. 94–455“The amendment made by subparagraph (A) [amending this section] shall apply as if included in section 901(g) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] as added by section 1051(d)(2) of the Tax Reform Act of 1976 []. The amendments made by subparagraph (B) [amending this section] shall apply to distributions made after the date of the enactment of this Act [] in taxable years ending after such date.”
, , , as amended by , , , provided that:

Effective Date of 1976 Amendment

section 1031(b)(1) of Pub. L. 94–455section 1031(c) of Pub. L. 94–455section 904 of this titleAmendment by applicable to taxable years beginning after , with certain exceptions, see , set out as a note under .

section 1051(d)(1) of Pub. L. 94–455section 1051(i) of Pub. L. 94–455section 27 of this titleAmendment by applicable to taxable years beginning after , with certain exceptions, and the provisions of subsec. (g) not to apply to any tax imposed by a possession of the United States with respect to the complete liquidation occurring before , of a corporation to the extent that such tax is attributable to earnings and profits accumulated by such corporation during periods ending before , see , set out as a note under .

Pub. L. 94–455section 1901(d) of Pub. L. 94–455section 2 of this titleAmendment by section 1901(b)(1)(H)(iii), (37)(A) of applicable with respect to taxable years beginning after , see , set out as a note under .

Effective Date of 1975 Amendment

Pub. L. 94–12section 601(d) of Pub. L. 94–12section 907 of this titleAmendment by applicable to taxable years ending after , see , set out as an Effective Date note under .

Effective Date of 1974 Amendment

section 2001(g)(2)(C) of Pub. L. 93–406section 2001(i)(4) of Pub. L. 93–406section 72 of this titleAmendment by , which inserted reference to the tax imposed for the taxable year under section 72(m)(5)(B) (relating to 10 percent tax on premature distributions to owner-employees), applicable to distributions made in taxable years beginning after , see , set out as a note under .

section 2002(g)(3) of Pub. L. 93–406section 2002(i)(2) of Pub. L. 93–406section 4973 of this titleAmendment by , which inserted reference to the tax imposed for the taxable year by section 408(f) (relating to additional tax on income from certain retirement accounts), effective on , see , set out as an Effective Date note under .

section 2005(c)(5) of Pub. L. 93–406section 2005(d) of Pub. L. 93–406section 402 of this titleAmendment by , which inserted reference to the tax imposed for the taxable year under section 402(e) (relating to tax on lump sum distributions), applicable only with respect to distributions or payments made after , in taxable years beginning after , see , set out as a note under .

Effective Date of 1971 Amendment

Pub. L. 92–178section 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

section 301(b)(9) of Pub. L. 91–172section 301(c) of Pub. L. 91–172section 5 of this titleAmendment by applicable to taxable years ending after , see , set out as a note under .

Pub. L. 91–172, title V, § 506(c)83 Stat. 635

section 904 of this title“The amendments made by this section [amending this section and ] shall apply with respect to taxable years beginning after .”
, , , provided that:

Effective Date of 1966 Amendment

Pub. L. 89–809section 106(a)(6) of Pub. L. 89–809section 874 of this titleAmendment by section 106(a)(4), (5) of applicable with respect to taxable years beginning after , see , set out as a note under .

Pub. L. 89–809, title I, § 106(b)(4)80 Stat. 1570

section 2014 of this title“The amendments made by this subsection (other than paragraph (3)) [amending this section] shall apply with respect to taxable years beginning after . The amendment made by paragraph (3) [amending ] shall apply with respect to estates of decedents dying after the date of enactment of this Act [].”
, , , provided that:

Pub. L. 89–384section 1351(b) of this titlesection 2 of Pub. L. 89–384section 1351 of this titleAmendment by applicable with respect to amounts received after , in respect of foreign expropriation losses (as defined in ) sustained after , see , set out as an Effective Date note under .

Effective Date of 1964 Amendment

Pub. L. 88–272section 207(c) of Pub. L. 88–272section 164 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Effective Date of 1962 Amendment

section 9(d)(3) of Pub. L. 87–834section 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 .

section 12(b)(1) of Pub. L. 87–834section 12(c) of Pub. L. 87–834section 951 of this titleAmendment by applicable with respect to taxable years of foreign corporations beginning after , and to taxable years of United States shareholders within which or with which such taxable years of such foreign corporations end, see , set out as an Effective Date note under .

Effective Date of 1960 Amendment

section 3(a) of Pub. L. 86–780section 3(b) of Pub. L. 86–780section 4 of Pub. L. 86–780section 904 of this titleAmendment by applicable to taxable years beginning after , and amendment by applicable to taxable years beginning after , and ending after , see , set out as a note under .

Pub. L. 103–149Effect of Amendment by on Revenue Ruling 92–62

section 4(b)(8)(A) of Pub. L. 103–149section 4(b)(8)(B) of Pub. L. 103–149section 5001 of Title 22Amendment by not to be construed as affecting any of the transitional rules contained in Revenue Ruling 92–62 which apply by reason of the termination of the period for which subsec. (j) of this section was applicable to South Africa, see set out in a Repeal of Chapter; South African Democratic Transition Support note under , Foreign Relations and Intercourse.

Savings Provision

Pub. L. 115–141section 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 .

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 .