26 U.S.C. § 26

Editorial Notes

Amendments

Pub. L. 117–22021—Subsec. (b)(2)(Z). added subpar. (Z).

Pub. L. 115–141, § 401(d)(1)(D)(ii)2018—Subsec. (a)(1). , substituted “section 27” for “section 27(a)”.

Pub. L. 115–141, § 401(b)(2)Subsec. (b)(2)(P). , struck out subpar. (P) which read as follows: “section 860K (relating to treatment of transfers of high-yield interests to disqualified holders),”.

Pub. L. 115–972017—Subsec. (b)(2)(B). added subpar. (B).

Pub. L. 113–295, § 221(a)(12)(B)2014—Subsec. (b)(2)(B). , struck out subpar. (B) which read as follows: “section 59A (relating to environmental tax),”.

Pub. L. 113–295, § 102(e)(1)Subsec. (b)(2)(Y). , added subpar. (Y).

Pub. L. 112–2402013—Subsec. (a). amended subsec. (a) generally. Prior to amendment, subsec. (a) related to limitation based on amount of tax with a special rule for taxable years 2000 through 2011.

Pub. L. 111–148, § 10909(b)(2)(E)Pub. L. 111–312, § 101(b)(1)2010—Subsec. (a)(1). , (c), as amended by , temporarily struck out “23,” before “24,” in introductory provisions. See Effective and Termination Dates of 2010 Amendment note below.

Pub. L. 111–312, § 202(a)Subsec. (a)(2). , substituted “2011” for “2009” in heading and “2009, 2010, or 2011” for “or 2009” in introductory provisions.

Pub. L. 111–5, § 1144(b)(1)(D)2009—Subsec. (a)(1). , inserted “30B,” after “30,” in introductory provisions.

Pub. L. 111–5, § 1142(b)(1)(D), inserted “30,” after “25D,” in introductory provisions.

Pub. L. 111–5, § 1004(b)(3), inserted “25A(i),” after “24,” in introductory provisions.

Pub. L. 111–5, § 1011(a)Subsec. (a)(2). , substituted “2009” for “2008” in heading and “2008, or 2009” for “or 2008” in introductory provisions.

Pub. L. 110–343, § 205(d)(1)(D)2008—Subsec. (a)(1). , substituted “25D, and 30D” for “and 25D” in introductory provisions.

Pub. L. 110–343, § 106(e)(2)(D), substituted “25B, and 25D” for “and 25B” in introductory provisions.

Pub. L. 110–343, § 101(a)Subsec. (a)(2). , substituted “2008” for “2007” in heading and “2007, or 2008” for “or 2007” in introductory provisions.

Pub. L. 110–289Subsec. (b)(2)(W). added subpar. (W).

Pub. L. 110–343, § 801(b)Subsec. (b)(2)(X). , added subpar. (X).

Pub. L. 110–1662007—Subsec. (a)(2). substituted “2007” for “2006” in heading and “2006, or 2007” for “or 2006” in introductory provisions.

Pub. L. 110–172Subsec. (b)(2)(S) to (V). added subpars. (S) and (T) and redesignated former subpars. (S) and (T) as (U) and (V), respectively.

Pub. L. 109–2222006—Subsec. (a)(2). substituted “2006” for “2005” in heading and “2005, or 2006” for “or 2005” in introductory provisions.

Pub. L. 109–135, § 412(c)2005—Subsec. (b)(2)(E). , substituted “section 530(d)(4)” for “section 530(d)(3)”.

Pub. L. 109–135, § 403(hh)(1)Subsec. (b)(2)(T). , added subpar. (T).

Pub. L. 108–311, § 312(a)2004—Subsec. (a)(2). , substituted “rule for taxable years 2000 through 2005” for “rule for 2000, 2001, 2002, and 2003” in heading and “2003, 2004, or 2005” for “or 2003” in text.

Pub. L. 108–311, § 408(a)(5)(A)Subsec. (b)(2)(R). , substituted “Medicare Advantage MSA” for “Medicare+Choice MSA”.

Pub. L. 108–311, § 401(a)(1)Subsec. (b)(2)(S). , added subpar. (S).

Pub. L. 107–147, § 417(23)(B)Pub. L. 107–16, § 618(b)(2)(C)2002—Subsec. (a)(1). , amended directory language of . See 2001 Amendment note below.

Pub. L. 107–147, § 601(a)Subsec. (a)(2). , substituted “rule for 2000, 2001, 2002, and 2003” for “rule for 2000 and 2001” in heading and “during 2000, 2001, 2002, or 2003,” for “during 2000 or 2001,” in introductory provisions.

Pub. L. 107–147, § 415(a)Pub. L. 105–34, § 213(e)(1)Subsec. (b)(2)(P), (Q). , which directed striking “and” at end of subpar. (P) and substituting “, and” for the period at the end of subpar. (Q), was executed to subpars. (P) and (Q) as redesignated by , to reflect the probable intent of Congress. See 1997 Amendment notes below.

Pub. L. 107–147, § 415(a)Subsec. (b)(2)(R). , added subpar. (R).

Pub. L. 107–16, § 618(b)(2)(C)Pub. L. 107–147, § 417(23)(B)2001—Subsec. (a)(1). , as amended by , substituted “, 24, and 25B” for “and 24” in introductory provisions.

Pub. L. 107–16, § 202(f)(2)(C), substituted “sections 23 and 24” for “section 24” in introductory provisions.

Pub. L. 107–16, § 201(b)(2)(D), inserted “(other than section 24)” after “this subpart” in introductory provisions.

Pub. L. 107–22Subsec. (b)(2)(E). substituted “Coverdell education savings” for “education individual retirement”.

Pub. L. 106–5542000—Subsec. (b)(2)(Q). substituted “Archer MSA” for “medical savings account”.

Pub. L. 106–1701999—Subsec. (a). reenacted subsec. heading without change and amended text generally. Prior to amendment, text read as follows: “The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the excess (if any) of—

“(1) the taxpayer’s regular tax liability for the taxable year, over

“(2) the tentative minimum tax for the taxable year (determined without regard to the alternative minimum tax foreign tax credit).

For purposes of paragraph (2), the taxpayer’s tentative minimum tax for any taxable year beginning during 1998 shall be treated as being zero.”

Pub. L. 105–2771998—Subsec. (a). inserted concluding provisions.

Pub. L. 105–34, § 213(e)(1)1997—Subsec. (b)(2)(E) to (O). , added subpar. (E) and redesignated former subpars. (E) to (N) as (F) to (O), respectively. Former subpar. (O) redesignated (P).

Pub. L. 105–34, § 213(e)(1)Subsec. (b)(2)(P). , redesignated subpar. (P) as (Q).

Pub. L. 105–34, § 1602(a)(1), added subpar. (P).

Pub. L. 105–34, § 213(e)(1)Subsec. (b)(2)(Q). , redesignated subpar. (P) as (Q).

Pub. L. 104–1881996—Subsec. (b)(2)(O). added subpar. (O).

Pub. L. 101–239, § 7811(c)(1)1989—Subsec. (b)(2)(C), (D). , amended subpars. (C) and (D) generally. Prior to amendment, subpars. (C) and (D) read as follows:

“(C) subsection (m)(5)(B) (q), or (v) of section 72 (relating to additional tax on certain distributions),

“(D) section 72(t) (relating to 10-percent additional tax on early distributions from qualified retirement plans),”.

Pub. L. 101–239, § 7811(c)(2)Subsec. (b)(2)(K). , added subpar. (K) and struck out former subpar. (K) which was identical.

Pub. L. 101–239, § 7811(c)(2)Subsec. (b)(2)(L), (M). , added subpars. (L) and (M) and struck out former subpars. (L) and (M) which read as follows:

“(L) section 860E(e) (relating to taxes with respect to certain residual interests), and

“(L) section 884 (relating to branch profits tax), and

“(M) section 143(m) (relating to recapture of portion of federal subsidy from use of mortgage bonds and mortgage credit certificates).”

Pub. L. 101–239, § 7821(a)(4)(A)Pub. L. 101–239Subsec. (b)(2)(N). , which directed amendment of subsec. (b)(2) of this section “as amended by section 11811” by adding subpar. (N), was executed as if it directed amendment of subsec. (b)(2) of this section “as amended by section 7811”, to reflect the probable intent of Congress and the renumbering of section 11811 of H.R. 3299 as section 7811 prior to the enactment of H.R. 3299 into law as .

Pub. L. 100–647, § 1011A(c)(10)(A)o1988—Subsec. (b)(2)(C). , struck out “, ()(2),” after “subsection (m)(5)(B)”.

Pub. L. 100–647, § 5012(b)(2), substituted “(q), or (v)” for “or (q)”.

Pub. L. 100–647, § 1011A(c)(10)(B)Subsec. (b)(2)(D). , substituted “72(t) (relating to 10-percent additional tax on early distributions from qualified retirement plans)” for “408(f) (relating to additional tax on income from certain retirement accounts)”.

Pub. L. 100–647, § 1007(g)(1)Subsec. (b)(2)(K). , substituted “corporations).” for “corporations,”.

Pub. L. 100–647, § 1012(q)(8)Subsec. (b)(2)(L). , added subpar. (L) relating to branch profits tax.

Pub. L. 100–647, § 1006(t)(16)(C), added subpar. (L) relating to taxes with respect to certain residual interests.

Pub. L. 100–647, § 4005(g)(4)Subsec. (b)(2)(M). , added subpar. (M).

Pub. L. 99–514, § 701(c)(1)(A)1986—Subsec. (a). , amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the taxpayer’s tax liability for such taxable year.”

Pub. L. 99–514, § 701(c)(1)(B)(i)Subsec. (b). , (v), substituted “Regular tax liability” for “Tax liability” in heading and “this part” for “this section” in introductory provisions.

Pub. L. 99–514, § 701(c)(1)(B)(ii)Subsec. (b)(1). , substituted “regular tax liability” for “tax liability”.

Pub. L. 99–499Subsec. (b)(2). added subpar. (B) and redesignated former subpars. (B) to (J) as (C) to (K), respectively.

Pub. L. 99–514, § 701(c)(1)(B)(iii), substituted “section 55 (relating to minimum tax)” for “section 56 (relating to corporate minimum tax)” in subpar. (A).

Pub. L. 99–514, § 632(c)(1), substituted “certain built-in gains” for “certain capital gains” in subpar. (G).

Pub. L. 99–514, § 261(c), added subpar. (I).

Pub. L. 99–514, § 701(c)(1)(B)(iv), added subpar. (J).

Pub. L. 99–514, § 701(c)(1)(C)section 55(c) of this titleSubsec. (c). , amended subsec. (c) generally, substituting provisions relating to tentative minimum tax for provisions referring to for similar rule for alternative minimum tax for taxpayers other than corporations.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–2Dec. 31, 2020section 9611(c)(1) of Pub. L. 117–2section 24 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Effective Date of 2017 Amendment

Pub. L. 115–97, title I, § 14401(e)Dec. 22, 2017131 Stat. 2234

Effective Date of 2014 Amendment

section 221(a)(12)(B) of Pub. L. 113–295Dec. 19, 2014section 221(b) of div. A of Pub. L. 113–295section 1 of this titleAmendment by effective , subject to a savings provision, see , set out as a note under .

section 102(e)(1) of Pub. L. 113–295Dec. 31, 2014section 102(f)(1) of div. B of Pub. L. 113–295section 552a of Title 5Amendment by applicable to taxable years beginning after , see , set out as a note under , Government Organization and Employees.

Effective Date of 2013 Amendment

Pub. L. 112–240Dec. 31, 2011section 104(d) of Pub. L. 112–240section 23 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Effective and Termination Dates of 2010 Amendment

Pub. L. 111–312, title II, § 202(b)Dec. 17, 2010124 Stat. 3299

Pub. L. 111–148Dec. 31, 2011section 10909(c) of Pub. L. 111–148section 1 of this titleAmendment by terminated applicable to taxable years beginning after , and section is amended to read as if such amendment had never been enacted, see , set out as a note under .

Pub. L. 111–148Dec. 31, 2009section 10909(d) of Pub. L. 111–148section 1 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Effective Date of 2009 Amendment

section 1004(b)(3) of Pub. L. 111–5Dec. 31, 2008section 1004(d) of Pub. L. 111–5section 24 of this titleAmendment by applicable to taxable years beginning after , see , set out as an Effective and Termination Dates of 2009 Amendment note under .

Pub. L. 111–5, div. B, title I, § 1011(b)Feb. 17, 2009123 Stat. 319

section 1142(b)(1)(D) of Pub. L. 111–5Feb. 17, 2009section 1142(c) of Pub. L. 111–5section 24 of this titleAmendment by applicable to vehicles acquired after , see , set out as an Effective and Termination Dates of 2009 Amendment note under .

section 1144(b)(1)(D) of Pub. L. 111–5Dec. 31, 2008section 1144(c) of Pub. L. 111–5section 24 of this titleAmendment by applicable to taxable years beginning after , see , set out as an Effective and Termination Dates of 2009 Amendment note under .

Effective Date of 2008 Amendment

section 106(e)(2)(D) of Pub. L. 110–343Dec. 31, 2007section 106(f)(1) of div. B of Pub. L. 110–343section 23 of this titleAmendment by applicable to taxable years beginning after , see , set out as an Effective and Termination Dates of 2008 Amendment note under .

section 205(d)(1)(D) of Pub. L. 110–343Dec. 31, 2008section 205(e) of div. B of Pub. L. 110–343section 24 of this titleAmendment by applicable to taxable years beginning after , see , set out as an Effective and Termination Dates of 2008 Amendment note under .

Pub. L. 110–343, div. C, title I, § 101(b)Oct. 3, 2008122 Stat. 3863

section 801(b) of Pub. L. 110–343Dec. 31, 2008section 801(d) of div. C of Pub. L. 110–343section 457A of this titleAmendment by applicable to amounts deferred which are attributable to services performed after , with certain exceptions, see , set out as an Effective Date note under .

Pub. L. 110–289, div. C, title I, § 3011(c)July 30, 2008122 Stat. 2891

Effective Date of 2007 Amendment

Pub. L. 110–166, § 3(b)Dec. 26, 2007121 Stat. 2461

Effective Date of 2006 Amendment

Pub. L. 109–222, title III, § 302(b)May 17, 2006120 Stat. 353

Effective Date of 2005 Amendment

Pub. L. 109–135, title IV, § 403(nn)Dec. 21, 2005119 Stat. 2632

Effective Date of 2004 Amendment

Pub. L. 108–311, title III, § 312(c)Oct. 4, 2004118 Stat. 1181

Pub. L. 108–311, title IV, § 401(b)Oct. 4, 2004118 Stat. 1183

Effective Date of 2002 Amendment

Pub. L. 107–147, title IV, § 415(b)Mar. 9, 2002116 Stat. 54

Pub. L. 107–147, title VI, § 601(c)Mar. 9, 2002116 Stat. 59

Effective Date of 2001 Amendment

Pub. L. 107–16section 312(b)(2) of Pub. L. 108–311section 23 of this titleAmendment by inapplicable to taxable years beginning during 2004 or 2005, see , set out as a note under .

Pub. L. 107–16section 601(b)(2) of Pub. L. 107–147section 23 of this titleAmendment by inapplicable to taxable years beginning during 2002 and 2003, see , set out as a note under .

Pub. L. 107–22, § 1(c)July 26, 2001115 Stat. 197

section 201(b)(2)(D) of Pub. L. 107–16Dec. 31, 2001section 201(e)(2) of Pub. L. 107–16section 24 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

section 202(f)(2)(C) of Pub. L. 107–16Dec. 31, 2001section 202(g)(1) of Pub. L. 107–16section 23 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

section 618(b)(2)(C) of Pub. L. 107–16Dec. 31, 2001section 618(d) of Pub. L. 107–16section 24 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Effective Date of 1999 Amendment

Pub. L. 106–170Dec. 31, 1998section 501(c) of Pub. L. 106–170section 24 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Effective Date of 1998 Amendment

Pub. L. 105–277Dec. 31, 1997section 2001(c) of Pub. L. 105–277section 24 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .

Effective Date of 1997 Amendment

Pub. L. 105–34, title II, § 213(f)Aug. 5, 1997111 Stat. 817

Pub. L. 105–34, title XVI, § 1602(i)Aug. 5, 1997111 Stat. 1096

Effective Date of 1996 Amendment

Pub. L. 104–188, title I, § 1621(d)Aug. 20, 1996110 Stat. 1867

Effective Date of 1989 Amendment

Pub. L. 101–239Pub. L. 100–647section 7817 of Pub. L. 101–239section 1 of this titleAmendment by section 7811(c)(1), (2) of 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 .

Pub. L. 101–239, title VII, § 7823Dec. 19, 1989103 Stat. 2425

Effective Date of 1988 Amendment

section 1006(t)(16)(C) of Pub. L. 100–647Mar. 31, 1988Mar. 31, 1988Pub. L. 100–647section 860E of this titleAmendment by applicable, with certain exceptions, to transfers after , and to excess inclusions for periods after , see section 1006(t)(16)(D)(ii)–(iv) of , set out as a note under .

Pub. L. 100–647Pub. L. 99–514section 1019(a) of Pub. L. 100–647section 1 of this titleAmendment by sections 1007(g)(1), 1011A(c)(10), and 1012(q)(8) 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 .

section 4005(g)(4) of Pub. L. 100–647Dec. 31, 1990section 4005(h)(3) of Pub. L. 100–647section 143 of this titleAmendment by applicable, with certain exceptions, to financing provided, and mortgage credit certificates issued, after , see , set out as a note under .

section 5012(b)(2) of Pub. L. 100–647June 21, 1988section 5012(e) of Pub. L. 100–647section 7702A of this titleAmendment by applicable to contracts entered into on or after , with special rule where death benefit increases by more than $150,000, certain other material changes taken into account, and certain exchanges permitted, see , set out as an Effective Date note under .

Effective Date of 1986 Amendment

section 261(c) of Pub. L. 99–514Dec. 31, 1986section 261(g) of Pub. L. 99–514section 7518 of this titleAmendment by applicable to taxable years beginning after , see , set out as an Effective Date note under .

section 632(c)(1) of Pub. L. 99–514Dec. 31, 1986Dec. 31, 1986section 633(b) of Pub. L. 99–514section 336 of this titleAmendment by applicable to taxable years beginning after , but only in cases where the return for the taxable year is filed pursuant to an S election made after , see , as amended, set out as an Effective Date note under .

section 632(c)(1) of Pub. L. 99–514section 54(d)(3)(D) of Pub. L. 98–369section 311 of this titleAmendment by not applicable in the case of certain transactions, see , as amended, set out as an Effective Date of 1984 Amendment note under .

section 701(c)(1) of Pub. L. 99–514Dec. 31, 1986section 701(f) of Pub. L. 99–514section 55 of this titleAmendment by applicable to taxable years beginning after , with certain exceptions and qualifications, see , set out as an Effective Date note under .

Pub. L. 99–499, title V, § 516(c)Oct. 17, 1986100 Stat. 1772

Effective Date

Dec. 31, 1983section 475(a) of Pub. L. 98–369section 21 of this titleSection applicable to taxable years beginning after , and to carrybacks from such years, see , set out as an Effective Date of 1984 Amendment note under .

Savings Provision

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 .

Public Law 99–514Applicability of Certain Amendments by in Relation to Treaty Obligations of United States

section 701(c)(1) of Pub. L. 99–514Oct. 22, 1986Pub. L. 100–647Pub. L. 99–514Pub. L. 100–647section 861 of this titleFor applicability of amendment by notwithstanding any treaty obligation of the United States in effect on , with provision that for such purposes any amendment by title I of be treated as if it had been included in the provision of to which such amendment relates, see section 1012(aa)(2), (4) of , set out as a note under .

Treatment of Tax Imposed Under Former Section 409(c)

Pub. L. 98–369, div. A, title IV, § 491(f)(5)July 18, 198498 Stat. 853 Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095