United States Code (Last Updated: May 24, 2014) |
Title 26. INTERNAL REVENUE CODE |
SubTitle A. Income Taxes |
Chapter 1. NORMAL TAXES AND SURTAXES |
SubChapter B. Computation of Taxable Income |
Part VIII. SPECIAL DEDUCTIONS FOR CORPORATIONS |
§ 244. Dividends received on certain preferred stock
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(a) General rule In the case of a corporation, there shall be allowed as a deduction an amount computed as follows: (1) First determine the amount received as dividends on the preferred stock of a public utility which is subject to taxation under this chapter and with respect to which the deduction provided in section 247 for dividends paid is allowable. (2) Then multiply the amount determined under paragraph (1) by the fraction— (A) the numerator of which is 14 percent, and (B) the denominator of which is that percentage which equals the highest rate of tax specified in section 11(b). (3) Finally ascertain the amount which is 70 percent of the excess of— (A) the amount determined under paragraph (1), over (B) the amount determined under paragraph (2). (b) Exception If the dividends described in subsection (a)(1) are qualifying dividends (as defined in section 243(b)(1), but determined without regard to section 243(d)(4))— (1) subsection (a) shall be applied separately to such qualifying dividends, and (2) for purposes of subsection (a)(3), the percentage applicable to such qualifying dividends shall be 100 percent in lieu of 70 percent.
Amendments
1988—Subsec. (b). Pub. L. 100–647 substituted “section 243(d)(4)” for “section 243(c)(4)”.
1987—Subsecs. (a)(3), (b)(2). Pub. L. 100–203 substituted “70 percent” for “80 percent”.
1986—Subsecs. (a)(3), (b)(2). Pub. L. 99–514 substituted “80 percent” for “85 percent”.
1978—Subsec. (a)(2)(B). Pub. L. 95–600 substituted “the highest rate of tax specified in section 11(b)” for “the sum of the normal tax rate and the surtax rate for the taxable year prescribed by section 11”.
1964—Pub. L. 88–272 designated existing provisions as subsec. (a) and added subsec. (b).
Effective Date Of Amendment
Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provisions of the Revenue Act of 1987, Pub. L. 100–203, title X, to which such amendment relates, see section 2004(u) of Pub. L. 100–647, set out as a note under section 56 of this title.
Amendment by Pub. L. 100–203 applicable to dividends received or accrued after
Amendment by Pub. L. 99–514 applicable to dividends received or accrued after
Amendment by Pub. L. 95–600 applicable to taxable years beginning after
Amendment by Pub. L. 88–272 applicable to dividends received in taxable years ending after