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United States Code (Last Updated: May 24, 2014) |
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Title 26. INTERNAL REVENUE CODE |
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SubTitle F. Procedure and Administration |
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Chapter 79. DEFINITIONS |
§ 7701. Definitions
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(a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof— (1) Person The term “person” shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.
(2) Partnership and partner The term “partnership” includes a syndicate, group, pool, joint venture, or other unincorporated organization, through or by means of which any business, financial operation, or venture is carried on, and which is not, within the meaning of this title, a trust or estate or a corporation; and the term “partner” includes a member in such a syndicate, group, pool, joint venture, or organization.
(3) Corporation The term “corporation” includes associations, joint-stock companies, and insurance companies.
(4) Domestic The term “domestic” when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations.
(5) Foreign The term “foreign” when applied to a corporation or partnership means a corporation or partnership which is not domestic.
(6) Fiduciary The term “fiduciary” means a guardian, trustee, executor, administrator, receiver, conservator, or any person acting in any fiduciary capacity for any person.
(7) Stock The term “stock” includes shares in an association, joint-stock company, or insurance company.
(8) Shareholder The term “shareholder” includes a member in an association, joint-stock company, or insurance company.
(9) United States The term “United States” when used in a geographical sense includes only the States and the District of Columbia.
(10) State The term “State” shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.
(11) Secretary of the Treasury and Secretary (A) Secretary of the Treasury The term “Secretary of the Treasury” means the Secretary of the Treasury, personally, and shall not include any delegate of his.
(B) Secretary The term “Secretary” means the Secretary of the Treasury or his delegate.
(12) Delegate (A) In general The term “or his delegate”— (i) when used with reference to the Secretary of the Treasury, means any officer, employee, or agency of the Treasury Department duly authorized by the Secretary of the Treasury directly, or indirectly by one or more redelegations of authority, to perform the function mentioned or described in the context; and (ii) when used with reference to any other official of the United States, shall be similarly construed. (B) Performance of certain functions in Guam or American Samoa The term “delegate,” in relation to the performance of functions in Guam or American Samoa with respect to the taxes imposed by chapters 1, 2, and 21, also includes any officer or employee of any other department or agency of the United States, or of any possession thereof, duly authorized by the Secretary (directly, or indirectly by one or more redelegations of authority) to perform such functions.
(13) Commissioner The term “Commissioner” means the Commissioner of Internal Revenue.
(14) Taxpayer The term “taxpayer” means any person subject to any internal revenue tax.
(15) Military or naval forces and armed forces of the United States The term “military or naval forces of the United States” and the term “Armed Forces of the United States” each includes all regular and reserve components of the uniformed services which are subject to the jurisdiction of the Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force, and each term also includes the Coast Guard. The members of such forces include commissioned officers and personnel below the grade of commissioned officers in such forces.
(16) Withholding agent The term “withholding agent” means any person required to deduct and withhold any tax under the provisions of section 1441, 1442, 1443, or 1461.
(17) Husband and wife As used in sections 682 and 2516, if the husband and wife therein referred to are divorced, wherever appropriate to the meaning of such sections, the term “wife” shall be read “former wife” and the term “husband” shall be read “former husband”; and, if the payments described in such sections are made by or on behalf of the wife or former wife to the husband or former husband instead of vice versa, wherever appropriate to the meaning of such sections, the term “husband” shall be read “wife” and the term “wife” shall be read “husband.”
(18) International organization The term “international organization” means a public international organization entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act (22 U.S.C. 288–288f).
(19) Domestic building and loan association The term “domestic building and loan association” means a domestic building and loan association, a domestic savings and loan association, and a Federal savings and loan association— (A) which either (i) is an insured institution within the meaning of section 401(a) Act of 1990). (6) Regulations The Secretary may prescribe such regulations as may be necessary or appropriate to carry out the provisions of this subsection.
(f) Use of related persons or pass-thru entities The Secretary shall prescribe such regulations as may be necessary or appropriate to prevent the avoidance of those provisions of this title which deal with— (1) the linking of borrowing to investment, or (2) diminishing risks, through the use of related persons, pass-thru entities, or other intermediaries. (g) Clarification of fair market value in the case of nonrecourse indebtedness For purposes of subtitle A, in determining the amount of gain or loss (or deemed gain or loss) with respect to any property, the fair market value of such property shall be treated as being not less than the amount of any nonrecourse indebtedness to which such property is subject.
(h) Motor vehicle operating leases (1) In general For purposes of this title, in the case of a qualified motor vehicle operating agreement which contains a terminal rental adjustment clause— (A) such agreement shall be treated as a lease if (but for such terminal rental adjustment clause) such agreement would be treated as a lease under this title, and (B) the lessee shall not be treated as the owner of the property subject to an agreement during any period such agreement is in effect. (2) Qualified motor vehicle operating agreement defined For purposes of this subsection— (A) In general The term “qualified motor vehicle operating agreement” means any agreement with respect to a motor vehicle (including a trailer) which meets the requirements of subparagraphs (B), (C), and (D) of this paragraph.
(B) Minimum liability of lessor An agreement meets the requirements of this subparagraph if under such agreement the sum of— (i) the amount the lessor is personally liable to repay, and (ii) the net fair market value of the lessor’s interest in any property pledged as security for property subject to the agreement, equals or exceeds all amounts borrowed to finance the acquisition of property subject to the agreement. There shall not be taken into account under clause (ii) any property pledged which is property subject to the agreement or property directly or indirectly financed by indebtedness secured by property subject to the agreement. (C) Certification by lessee; notice of tax ownership An agreement meets the requirements of this subparagraph if such agreement contains a separate written statement separately signed by the lessee— (i) under which the lessee certifies, under penalty of perjury, that it intends that more than 50 percent of the use of the property subject to such agreement is to be in a trade or business of the lessee, and (ii) which clearly and legibly states that the lessee has been advised that it will not be treated as the owner of the property subject to the agreement for Federal income tax purposes. (D) Lessor must have no knowledge that certification is false An agreement meets the requirements of this subparagraph if the lessor does not know that the certification described in subparagraph (C)(i) is false.
(3) Terminal rental adjustment clause defined (A) In general For purposes of this subsection, the term “terminal rental adjustment clause” means a provision of an agreement which permits or requires the rental price to be adjusted upward or downward by reference to the amount realized by the lessor under the agreement upon sale or other disposition of such property.
(B) Special rule for lessee dealers The term “terminal rental adjustment clause” also includes a provision of an agreement which requires a lessee who is a dealer in motor vehicles to purchase the motor vehicle for a predetermined price and then resell such vehicle where such provision achieves substantially the same results as a provision described in subparagraph (A).
(i) Taxable mortgage pools (1) Treated as separate corporations A taxable mortgage pool shall be treated as a separate corporation which may not be treated as an includible corporation with any other corporation for purposes of section 1501.
(2) Taxable mortgage pool defined For purposes of this title— (A) In general Except as otherwise provided in this paragraph, a taxable mortgage pool is any entity (other than a REMIC) if— (i) substantially all of the assets of such entity consists of debt obligations (or interests therein) and more than 50 percent of such debt obligations (or interests) consists of real estate mortgages (or interests therein), (ii) such entity is the obligor under debt obligations with 2 or more maturities, and (iii) under the terms of the debt obligations referred to in clause (ii) (or underlying arrangement), payments on such debt obligations bear a relationship to payments on the debt obligations (or interests) referred to in clause (i). (B) Portion of entities treated as pools Any portion of an entity which meets the definition of subparagraph (A) shall be treated as a taxable mortgage pool.
(C) Exception for domestic building and loan Nothing in this subsection shall be construed to treat any domestic building and loan association (or portion thereof) as a taxable mortgage pool.
(D) Treatment of certain equity interests To the extent provided in regulations, equity interest of varying classes which correspond to maturity classes of debt shall be treated as debt for purposes of this subsection.
(3) Treatment of certain REIT’s If— (A) a real estate investment trust is a taxable mortgage pool, or (B) a qualified REIT subsidiary (as defined in section 856(i)(2)) of a real estate investment trust is a taxable mortgage pool, under regulations prescribed by the Secretary, adjustments similar to the adjustments provided in section 860E(d) shall apply to the shareholders of such real estate investment trust. (j) Tax treatment of Federal Thrift Savings Fund (1) In general For purposes of this title— (A) the Thrift Savings Fund shall be treated as a trust described in section 401(a) which is exempt from taxation under section 501(a); (B) any contribution to, or distribution from, the Thrift Savings Fund shall be treated in the same manner as contributions to or distributions from such a trust; and (C) subject to section 401(k)(4)(B) and any dollar limitation on the application of section 402(e)(3), contributions to the Thrift Savings Fund shall not be treated as distributed or made available to an employee or Member nor as a contribution made to the Fund by an employee or Member merely because the employee or Member has, under the provisions of subchapter III of chapter 84 of title 5, United States Code, and section 8351 of such title 5, an election whether the contribution will be made to the Thrift Savings Fund or received by the employee or Member in cash. (2) Nondiscrimination requirements Notwithstanding any other provision of law, the Thrift Savings Fund is not subject to the nondiscrimination requirements applicable to arrangements described in section 401(k) or to matching contributions (as described in section 401(m)), so long as it meets the requirements of this section.
(3) Coordination with Social Security Act Paragraph (1) shall not be construed to provide that any amount of the employee’s or Member’s basic pay which is contributed to the Thrift Savings Fund shall not be included in the term “wages” for the purposes of section 209 of the Social Security Act or section 3121(a) of this title.
(4) Definitions For purposes of this subsection, the terms “Member”, “employee”, and “Thrift Savings Fund” shall have the same respective meanings as when used in subchapter III of chapter 84 of title 5, United States Code.
(5) Coordination with other provisions of law No provision of law not contained in this title shall apply for purposes of determining the treatment under this title of the Thrift Savings Fund or any contribution to, or distribution from, such Fund.
(k) Treatment of certain amounts paid to charity In the case of any payment which, except for section 501(b) of the Ethics in Government Act of 1978, might be made to any officer or employee of the Federal Government but which is made instead on behalf of such officer or employee to an organization described in section 170(c)— (1) such payment shall not be treated as received by such officer or employee for all purposes of this title and for all purposes of any tax law of a State or political subdivision thereof, and (2) no deduction shall be allowed under any provision of this title (or of any tax law of a State or political subdivision thereof) to such officer or employee by reason of having such payment made to such organization. For purposes of this subsection, a Senator, a Representative in, or a Delegate or Resident Commissioner to, the Congress shall be treated as an officer or employee of the Federal Government. (l) Regulations relating to conduit arrangements The Secretary may prescribe regulations recharacterizing any multiple-party financing transaction as a transaction directly among any 2 or more of such parties where the Secretary determines that such recharacterization is appropriate to prevent avoidance of any tax imposed by this title.
(m) Designation of contract markets Any designation by the Commodity Futures Trading Commission of a contract market which could not have been made under the law in effect on the day before the date of the enactment of the Commodity Futures Modernization Act of 2000 shall apply for purposes of this title except to the extent provided in regulations prescribed by the Secretary.
(n) Convention or association of churches For purposes of this title, any organization which is otherwise a convention or association of churches shall not fail to so qualify merely because the membership of such organization includes individuals as well as churches or because individuals have voting rights in such organization.
(o) Clarification of economic substance doctrine (1) Application of doctrine In the case of any transaction to which the economic substance doctrine is relevant, such transaction shall be treated as having economic substance only if— (A) the transaction changes in a meaningful way (apart from Federal income tax effects) the taxpayer’s economic position, and (B) the taxpayer has a substantial purpose (apart from Federal income tax effects) for entering into such transaction. (2) Special rule where taxpayer relies on profit potential (A) In general The potential for profit of a transaction shall be taken into account in determining whether the requirements of subparagraphs (A) and (B) of paragraph (1) are met with respect to the transaction only if the present value of the reasonably expected pre-tax profit from the transaction is substantial in relation to the present value of the expected net tax benefits that would be allowed if the transaction were respected.
(B) Treatment of fees and foreign taxes Fees and other transaction expenses shall be taken into account as expenses in determining pre-tax profit under subparagraph (A). The Secretary shall issue regulations requiring foreign taxes to be treated as expenses in determining pre-tax profit in appropriate cases.
(3) State and local tax benefits For purposes of paragraph (1), any State or local income tax effect which is related to a Federal income tax effect shall be treated in the same manner as a Federal income tax effect.
(4) Financial accounting benefits For purposes of paragraph (1)(B), achieving a financial accounting benefit shall not be taken into account as a purpose for entering into a transaction if the origin of such financial accounting benefit is a reduction of Federal income tax.
(5) Definitions and special rules For purposes of this subsection— (A) Economic substance doctrine The term “economic substance doctrine” means the common law doctrine under which tax benefits under subtitle A with respect to a transaction are not allowable if the transaction does not have economic substance or lacks a business purpose.
(B) Exception for personal transactions of individuals In the case of an individual, paragraph (1) shall apply only to transactions entered into in connection with a trade or business or an activity engaged in for the production of income.
(C) Determination of application of doctrine not affected The determination of whether the economic substance doctrine is relevant to a transaction shall be made in the same manner as if this subsection had never been enacted.
(D) Transaction The term “transaction” includes a series of transactions.
(p) Cross references (1) Other definitions For other definitions, see the following sections of Title 1 of the United States Code:
(1) Singular as including plural, section 1. (2) Plural as including singular, section 1. (3) Masculine as including feminine, section 1. (4) Officer, section 1. (5) Oath as including affirmation, section 1. (6) County as including parish, section 2. (7) Vessel as including all means of water transportation, section 3. (8) Vehicle as including all means of land transportation, section 4. (9) Company or association as including successors and assigns, section 5. (2) Effect of cross references For effect of cross references in this title, see section 7806(a).
References In Text
Section 401 of the National Housing Act, referred to in subsec. (a)(19)(A), (32)(A)(i), which was classified to section 1724 of Title 12, Banks and Banking, was repealed by Pub. L. 101–73, title IV, § 407,
Part A and part B of title I of the Housing Act of 1949, referred to in subsec. (a)(19)(C)(vi), which were classified generally to part A (§ 1450 et seq.) and part B (§ 1469 et seq.) of subchapter II of chapter 8A of Title 42, The Public Health and Welfare, were omitted from the Code pursuant to section 5316 of Title 42, which terminated authority to make new loans and grants under title I of that Act after
Section 103 of the Demonstration Cities and Metropolitan Development Act of 1966, referred to in subsec. (a)(19)(C)(vi), which was classified to section 3303 of Title 42, was omitted from the Code pursuant to section 5316 of Title 42, which terminated authority to make new loans and grants under title I (§ 101 et seq.) of that Act after
The Internal Revenue Code of 1939, referred to in subsec. (a)(29), is act Feb. 10, 1939, ch. 2, 53 Stat. 1, as amended. Prior to the enactment of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], the 1939 Code was classified to former Title 26, Internal Revenue Code. The Internal Revenue Code of 1954 was redesignated The Internal Revenue Code of 1986 by Pub. L. 99–514, § 2,
The Employee Retirement Income Security Act of 1974, referred to in subsec. (a)(35), is Pub. L. 93–406,
The Indian Tribal Governmental Tax Status Act of 1982, referred to in subsec. (a)(40)(B), is title II of Pub. L. 97–473,
Section 101(15) of the Immigration and Nationality Act, referred to in subsec. (b)(5)(C)(i), (D)(i), probably means section 101(a)(15) of that Act, which is classified to section 1101(a)(15) of Title 8, Aliens and Nationality.
Section 212(2) of the Federal Water Pollution Control Act, referred to in subsec. (e)(3)(E), is classified to section 1292(2) of Title 33, Navigation and Navigable Waters.
The date of the enactment of the Revenue Reconciliation Act of 1990, referred to in subsec. (e)(5)(B), is the date of enactment of Pub. L. 101–508, which was approved
Section 209 of the Social Security Act, referred to in subsec. (j)(3), is classified to section 409 of Title 42, The Public Health and Welfare.
Section 501(b) of the Ethics in Government Act of 1978, referred to in subsec. (k), is section 501(b) of Pub. L. 95–521, which is set out in the Appendix to Title 5, Government Organization and Employees.
The date of the enactment of the Commodity Futures Modernization Act of 2000, referred to in subsec. (m), is the date of enactment of Pub. L. 106–554, which was approved
Codification
Sections 1207(f) and 1222 of Pub. L. 109–280, which directed the amendment of section 7701 without specifying the act to be amended, were executed to this section, which is section 7701 of the Internal Revenue Code of 1986, to reflect the probable intent of Congress. See 2006 Amendment notes below.
Amendments
2010—Subsec. (a)(47). Pub. L. 111–312 amended subsec. (a) to read as if amendment by Pub. L. 107–16, § 542(e)(3), had never been enacted.
Subsecs. (o), (p). Pub. L. 111–152 added subsec. (o) and redesignated former subsec. (o) as (p).
2008—Subsec. (a)(50). Pub. L. 110–245, § 301(c)(1), added par. (50).
Subsec. (b)(6). Pub. L. 110–245, § 301(c)(2)(B), inserted concluding provisions.
Subsecs. (n) to (p). Pub. L. 110–245, § 301(c)(2)(C), redesignated subsecs. (o) and (p) as (n) and (o), respectively, and struck out former subsec. (n) which related to special rules for determining when an individual is no longer a United States citizen or long-term resident.
2007—Subsec. (a)(36). Pub. L. 110–28, § 8246(a)(1)(A), which directed the striking out of “income” in heading, was executed by substituting “Tax” for “Income tax” to reflect the probable intent of Congress.
Pub. L. 110–28, § 8246(a)(1)(A), struck out “income” before “tax return preparer” in subpar. (A) and in introductory provisions of subpar. (B).
Subsec. (a)(36)(A). Pub. L. 110–28, § 8246(a)(1)(B), substituted “this title” for “subtitle A” in two places.
2006—Subsec. (a)(49). Pub. L. 109–280, § 1207(f), added par. (49). See Codification note above.
Subsecs. (o), (p). Pub. L. 109–280, § 1222, added subsec. (o) and redesignated former subsec. (o) as (p). See Codification note above.
2005—Subsec. (n). Pub. L. 109–135 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “An individual who would (but for this subsection) cease to be treated as a citizen or resident of the United States shall continue to be treated as a citizen or resident of the United States, as the case may be, until such individual—
“(1) gives notice of an expatriating act or termination of residency (with the requisite intent to relinquish citizenship or terminate residency) to the Secretary of State or the Secretary of Homeland Security, and
“(2) provides a statement in accordance with section 6039G.”
2004—Subsec. (a)(17). Pub. L. 108–311 substituted “682” for “152(b)(4), 682,”.
Subsec. (a)(19)(C)(xi). Pub. L. 108–357, § 835(b)(10), struck out “and any regular interest in a FASIT,” after “residual interest in a REMIC,” and struck out “or FASIT” after “entire interest in the REMIC” and after “such REMIC” in two places.
Subsec. (a)(48). Pub. L. 108–357, § 852(a), added par. (48).
Subsec. (i)(2)(A). Pub. L. 108–357, § 835(b)(11), struck out “or a FASIT” after “other than a REMIC” in introductory provisions.
Subsecs. (n), (o). Pub. L. 108–357, § 804(b), added subsec. (n) and redesignated former subsec. (n) as (o).
2001—Subsec. (a)(47). Pub. L. 107–16, § 542(e)(3), added par. (47) which defined the term “executor”.
2000—Subsecs. (m), (n). Pub. L. 106–554 added subsec. (m) and redesignated former subsec. (m) as (n).
1997—Subsec. (a)(4). Pub. L. 105–34, § 1151(a), inserted before period at end “unless, in the case of a partnership, the Secretary provides otherwise by regulations”.
Subsec. (a)(30)(E)(ii). Pub. L. 105–34, § 1601(i)(3)(A), substituted “persons” for “fiduciaries”.
Subsec. (b)(7)(A). Pub. L. 105–34, § 1174(b)(2), substituted “, (C), or (D)” for “or (C)”.
Subsec. (b)(7)(D). Pub. L. 105–34, § 1174(b)(1), added subpar. (D).
1996—Subsec. (a)(19)(C)(xi). Pub. L. 104–188, § 1621(b)(8), amended cl. (xi) generally. Prior to amendment, cl. (xi) read as follows: “any regular or residual interest in a REMIC, but only in the proportion which the assets of such REMIC consist of property described in any of the preceding clauses of this subparagraph; except that if 95 percent or more of the assets of such REMIC are assets described in clauses (i) through (x), the entire interest in the REMIC shall qualify.”
Subsec. (a)(20). Pub. L. 104–188, § 1402(b)(3), struck out “, for the purpose of applying the provisions of section 101(b) with respect to employees’ death benefits” after “health plans”.
Subsec. (a)(30)(C) to (E). Pub. L. 104–188, § 1907(a)(1), struck out “and” at end of subpar. (C), added subpars. (D) and (E), and struck out former subpar. (D) which read as follows: “any estate or trust (other than a foreign estate or foreign trust, within the meaning of section 7701(a)(31)).”
Subsec. (a)(31). Pub. L. 104–188, § 1907(a)(2), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The terms ‘foreign estate’ and ‘foreign trust’ mean an estate or trust, as the case may be, the income of which, from sources without the United States which is not effectively connected with the conduct of a trade or business within the United States, is not includible in gross income under subtitle A.”
Subsec. (i)(2)(A). Pub. L. 104–188, § 1621(b)(9), inserted “or a FASIT” after “a REMIC” in introductory provisions.
1995—Subsec. (a)(33)(B). Pub. L. 104–88, § 304(e)(1), substituted “Federal Energy Regulatory Commission” for “Federal Power Commission”.
Subsec. (a)(33)(C)(i). Pub. L. 104–88, § 304(e)(2), substituted “Surface Transportation Board” for “Interstate Commerce Commission”.
Subsec. (a)(33)(C)(ii). Pub. L. 104–88, § 304(e)(3), substituted “Federal Energy Regulatory Commission” for “Interstate Commerce Commission”.
Subsec. (a)(33)(F). Pub. L. 104–88, § 304(e)(4), substituted “a water carrier subject to jurisdiction under subchapter II of chapter 135 of title 49” for “common carrier by water, subject to the jurisdiction of the Interstate Commerce Commission under subchapter III of chapter 105 of title 49, or subject to the jurisdiction of the Federal Maritime Board under the Intercoastal Shipping Act, 1933”.
Subsec. (a)(33)(G). Pub. L. 104–88, § 304(e)(5), substituted “rail carrier subject to part A of subtitle IV” for “railroad corporation subject to subchapter I of chapter 105”.
Subsec. (a)(33)(H). Pub. L. 104–88, § 304(e)(6), substituted “part A of subtitle IV” for “subchapter I of chapter 105”.
1994—Subsec. (b)(5)(C)(i), (D)(i)(II). Pub. L. 103–296 substituted “(J) or (Q)” for “(J)”.
1993—Subsecs. (l), (m). Pub. L. 103–66 added subsec. (l) and redesignated former subsec. (l) as (m).
1992—Subsec. (j)(1)(C). Pub. L. 102–318 substituted “402(e)(3)” for “402(a)(8)”.
1991—Subsec. (k). Pub. L. 102–90 amended last sentence generally. Prior to amendment, last sentence read as follows: “For purposes of this subsection, a Representative in, or a Delegate or Resident Commissioner to, the Congress shall be treated as an officer or employee of the Federal Government and a Senator or officer (except the Vice President) or employee of the Senate shall not be treated as an officer or employee of the Federal Government.”
1990—Subsec. (e)(5)(B). Pub. L. 101–508, § 11812(b)(13), inserted before period at end “(as in effect on the day before the date of the enactment of the Revenue Reconcilation [sic] Act of 1990)”.
Subsec. (j)(1)(C). Pub. L. 101–508, § 11704(a)(34), substituted “(C) subject to section 401(k)(4)(B) and any dollar limitation on the application of section 402(a)(8),” for “(C) subject to, section 401(k)(4)(B), and any dollar limitation on the application of section 402(a)(8),”.
1989—Subsecs. (k), (l). Pub. L. 101–194 added subsec. (k) and redesignated former subsec. (k) as (l).
1988—Subsec. (a)(19). Pub. L. 100–647, § 1006(t)(25)(A), inserted at end “For purposes of determining whether any interest in a REMIC qualifies under clause (xi), any regular interest in another REMIC held by such REMIC shall be treated as a loan described in a preceding clause under principles similar to the principles of clause (xi); except that, if such REMIC’s are part of a tiered structure, they shall be treated as 1 REMIC for purposes of clause (xi).”
Subsec. (a)(19)(C)(xi). Pub. L. 100–647, § 1006(t)(12), substituted “are assets described” for “are loans described”.
Subsec. (a)(20). Pub. L. 100–647, § 1011B(e), substituted “and 106” for “106, and 125” and inserted “and for purposes of applying section 125 with respect to cafeteria plans,” before “the term”.
Subsec. (a)(29). Pub. L. 100–647, § 1(c), substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
Subsec. (b)(5)(A)(iv). Pub. L. 100–647, § 1018(g)(3), substituted “section 274(l)(1)(B)” for “section 274(k)(2)”.
Subsec. (b)(5)(D)(i)(I). Pub. L. 100–647, § 1001(d)(2)(D), substituted “subparagraph (F) or (M)” for “subparagraph (F)”.
Subsec. (e)(5). Pub. L. 100–647, § 1002(a)(2), made technical correction to language of Pub. L. 99–514, § 201(d)(14)(B), see 1986 Amendment note below.
Subsec. (j)(1)(C). Pub. L. 100–647, § 1011A(m)(1), inserted “, section 401(k)(4)(B),” after “the provisions of paragraph (2)” in subpar. (C), as it read before amendment by Pub. L. 100–202. See Effective Date of 1988 Amendment note below.
1987—Subsec. (j)(1)(C). Pub. L. 100–202, § 101(m) [title VI, § 624(a)(1)], which directed that “the provisions of paragraph (2) and” after “subject to” be struck out, was executed by striking out “the provisions of paragraph (2)” after “subject to” in view of the amendment by section 1011A(m)(1) of Pub. L. 100–647 which was effective as if it had been included in Pub. L. 99–514. See 1988 Amendment note above.
Subsec. (j)(2). Pub. L. 100–202, § 101(m) [title VI, § 624(a)(2)], added par. (2) and struck out former par. (2) which read as follows: “Paragraph (1)(C) shall not apply to the Thrift Savings Fund unless the Fund meets the antidiscrimination requirements (other than any requirement relating to coverage) applicable to arrangements described in section 401(k) and to matching contributions. Rules similar to the rules of sections 401(k)(8) and 401(m)(8) (relating to no disqualification if excess contributions distributed) shall apply for purposes of the preceding sentence.”
1986—Subsec. (a)(17). Pub. L. 99–514, § 1842(d), inserted reference to section 2516.
Subsec. (a)(19)(C)(xi). Pub. L. 99–514, § 671(b)(3), added cl. (xi).
Subsec. (a)(20). Pub. L. 99–514, § 1166(a), inserted reference to section 125.
Subsec. (a)(46). Pub. L. 99–514, § 1137, inserted last sentence.
Subsec. (b)(1)(A). Pub. L. 99–514, § 1810(l)(2), substituted “the requirements of clause (i), (ii), or (iii)” for “the requirements of clause (i) or (ii)” in introductory provisions and added cl. (iii).
Subsec. (b)(2)(A)(iv). Pub. L. 99–514, § 1810(l)(3), added cl. (iv).
Subsec. (b)(4). Pub. L. 99–514, § 1810(l)(4), added par. (4). Former par. (4) redesignated (5).
Subsec. (b)(5). Pub. L. 99–514, § 1810(l)(4), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (b)(5)(A)(iv). Pub. L. 99–514, § 1810(l)(5)(A), which directed that cl. (iv) be added to subpar. (4)(A), was executed by adding cl. (iv) to subpar. (5)(A) to reflect the probable intent of Congress and the intervening redesignation of par. (4) as (5) by section 1810(l)(4) of Pub. L. 99–514.
Subsec. (b)(5)(E)(i). Pub. L. 99–514, § 1810(l)(1), inserted last sentence.
Pub. L. 99–514, § 1899A(63), substituted “preceding” for “preceeding”.
Subsec. (b)(6) to (11). Pub. L. 99–514, § 1810(l)(4), redesignated pars. (5) to (10) as pars. (6) to (11), respectively.
Subsec. (e)(4)(A). Pub. L. 99–514, § 201(d)(14)(A), substituted “section 168(h)” for “section 168(j)”.
Pub. L. 99–514, § 1802(a)(9)(C), inserted at end “For purposes of this paragraph, the term ‘related entity’ has the same meaning as when used in section 168(j).”
Subsec. (e)(5). Pub. L. 99–514, § 201(d)(14)(B), as amended by Pub. L. 100–647, § 1002(a)(2), substituted “property described in clause (i), (ii), (iii), or (iv) of section 1250(a)(1)(B) (relating to low-income housing)” for “low-income housing (within the meaning of section 168(c)(2)(F))”.
Pub. L. 99–514, § 1899A(64), substituted “section 168(c)(2)(F))” for “section 168(C)(2)(F))”.
Subsec. (h). Pub. L. 99–514, § 201(c), added subsec. (h). Former subsec. (h), relating to cross references, was successively redesignated as (i), (j), and (k).
Subsec. (i). Pub. L. 99–514, § 673, added subsec. (i). Former subsec. (i), relating to cross references, as previously redesignated, was successively redesignated as (j) and (k).
Subsec. (j). Pub. L. 99–514, § 1147(a), added subsec. (j). Former subsec. (j), relating to cross references, as previously redesignated, was redesignated as (k).
Subsec. (k). Pub. L. 99–514, §§ 201(c), 673, 1147(a), successively redesignated subsec. (h), relating to cross references, as subsecs. (i), (j), and (k).
1984—Subsec. (a)(16). Pub. L. 98–369, § 474(r)(29)(K), struck out “1451,” after “1443”.
Subsec. (a)(17). Pub. L. 98–369, § 422(d)(3), struck out reference to sections 71 and 215.
Subsec. (a)(33)(E). Pub. L. 98–443 substituted “Secretary of Transportation” for “Civil Aeronautics Board”.
Subsec. (a)(33)(G). Pub. L. 98–216 substituted “subchapter I of chapter 105 of title 49” for “part I of the Interstate Commerce Act”.
Subsec. (a)(34). Pub. L. 98–369, § 412(b)(11), repealed par. (34) which defined estimated income tax in the case of an individual or a corporation as the estimated tax defined in section 6015(d) or 6154(c), respectively.
Subsec. (a)(37)(C). Pub. L. 98–369, § 491(d)(53), struck out subpar. (C) which included a retirement bond described in section 409 within the term “individual plan”.
Subsec. (a)(42) to (45). Pub. L. 98–369, § 43(a)(1), added pars. (42) to (45).
Subsec. (a)(46). Pub. L. 98–369, § 526(c)(1), added par. (46).
Subsec. (b). Pub. L. 98–369, § 138(a), added subsec. (b). Former subsec. (b), relating to includes and including, redesignated (c).
Subsec. (c). Pub. L. 98–369, § 138(a), redesignated former subsec. (b), relating to includes and including, as (c). Former subsec. (c), relating to Commonwealth of Puerto Rico, redesignated (d).
Subsec. (d). Pub. L. 98–369, § 138(a), redesignated former subsec. (c), relating to Commonwealth of Puerto Rico, as (d). Former subsec. (d), relating to cross references, redesignated (e).
Subsec. (e). Pub. L. 98–369, § 31(e), added subsec. (e). Former subsec. (e), relating to cross references, redesignated (f).
Pub. L. 98–369, § 138(a), redesignated former subsec. (d), relating to cross references, as (e).
Subsec. (f). Pub. L. 98–369, § 53(c), added subsec. (f). Former subsec. (f), relating to cross references, redesignated (g).
Pub. L. 98–369, § 31(e), redesignated former subsec. (e), relating to cross references, as (f).
Subsec. (g). Pub. L. 98–369, § 75(c), added subsec. (g). Former subsec. (g), relating to cross references, redesignated (h).
Pub. L. 98–369, § 53(c), redesignated former subsec. (f), relating to cross references, as (g).
Subsec. (h). Pub. L. 98–369, § 75(c), redesignated former subsec. (g), relating to cross references, as (h).
1983—Subsec. (a)(16). Pub. L. 98–67, § 102(a), repealed amendments made by Pub. L. 97–248. See 1982 Amendment note below.
Subsec. (a)(33)(F). Pub. L. 97–449, § 5(e)(1), substituted “subchapter III of chapter 105 of title 49” for “part III of the Interstate Commerce Act”.
Subsec. (a)(33)(H). Pub. L. 97–449, § 5(e)(2), substituted “subchapter I of chapter 105 of title 49” for “part I of the Interstate Commerce Act”.
Subsec. (a)(38), (39). Pub. L. 97–448, § 306(b)(3), redesignated par. (38), as added by Pub. L. 97–248, § 336(a), relating to persons residing outside the United States, as (39).
Subsec. (a)(40). Pub. L. 97–473 added par. (40).
Subsec. (a)(41). Pub. L. 98–67, § 104(d)(1), added par. (41).
1982—Subsec. (a)(16). Pub. L. 97–248, §§ 307(a)(17), 308(a), provided that, applicable to payments of interest, dividends, and patronage dividends paid or credited after
Subsec. (a)(38). Pub. L. 97–248, § 201(d)(10), formerly § 201(c)(10), added par. (38) relating to joint return.
Pub. L. 97–248, § 336(a), added par. (38) relating to persons residing outside the United States.
1981—Subsec. (a)(34)(A). Pub. L. 97–34 substituted “section 6015(d)” for “section 6015(c)”.
1978—Subsec. (a)(36)(B)(iii). Pub. L. 95–600, § 701(cc)(2), substituted “prepares as a fiduciary a return or claim for refund for any person, or” for “prepares a return or claim for refund for any trust or estate with respect to which he is a fiduciary, or”.
Subsec. (a)(37). Pub. L. 95–600, § 157(k)(2), added par. (37).
1976—Subsec. (a)(4). Pub. L. 94–455, § 1906(c)(3), struck out “or Territory” after “any State”.
Subsec. (a)(11). Pub. L. 94–455, § 1906(a)(57)(A), substituted definitions of “Secretary of the Treasury” and “Secretary” for “Secretary.—The term ‘Secretary’ means the Secretary of the Treasury”.
Subsec. (a)(12)(A). Pub. L. 94–455, § 1906(a)(57)(B), substituted definition of “or his delegate” for definition of “Secretary of his delegate”.
Subsec. (a)(19), (23), (33). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing.
Subsec. (a)(36). Pub. L. 94–455, § 1203(a), added par. (36).
1974—Subsec. (a)(35). Pub. L. 93–406 added par. (35).
1972—Subsec. (a)(12)(B). Pub. L. 92–606 inserted reference to chapter 1.
1969—Subsec. (a)(19)(A). Pub. L. 91–172, § 432(c) reenacted subpar. (A) without change.
Subsec. (a)(19)(B). Pub. L. 91–172, § 432(c), struck out reference to subpar. (C).
Subsec. (a)(19)(C). Pub. L. 91–172, § 432(c), substituted 60 percent for 90 percent in text preceding cl. (i), reenacted cl. (i) without change, in cl. (ii), excluded obligations the interest on which was excludible from gross income under section 103, expanded provisions of former cl. (iii) and transferred them to cl. (v), reenacted cl. (iv) without change, redesignated former cls. (v) and (vi) as cls. (viii) and (x) and added cls. (iii), (vi), (vii) and (ix), and text following cl. (x).
Subsec. (a)(19)(D) to (F). Pub. L. 91–172, § 432(c), struck out subpars. (D) to (F) and text following subpar. (F) which had further qualified the assets.
Subsec. (a)(27). Pub. L. 91–172, § 960(j), substituted “United States Tax Court” for “Tax Court of the United States”.
Subsec. (a)(32). Pub. L. 91–172, § 432(d), struck out references to subpars. (D), (E) and (F) and struck out “determined with the application of the second, third, and fourth sentences of paragraph (19).” in subpar. (B) and, in text following subpar. (B), struck out provisions relating to the deduction allowable for a reasonable addition to the reserve for bad debts.
1968—Subsec. (a)(34)(B). Pub. L. 90–364 substituted “section 6154(c)” for “section 6016(b)”.
1966—Subsec. (a)(31). Pub. L. 89–809 substituted “, from sources without the United States which is not effectively connected with the conduct of a trade or business within the United States,” for “from sources without the United States”.
Pub. L. 89–368 added par. (34).
1964—Subsec. (a)(20). Pub. L. 88–272 inserted “For the purpose of applying the provisions of section 79 with respect to group-term life insurance purchased for employees”.
Subsec. (a)(33). Pub. L. 88–272 added par. (33).
1962—Subsec. (a)(19). Pub. L. 87–834, § 6(c), amended par. (19) generally. Prior to such amendment, subsection read as follows: “The term ‘domestic building and loan association’ means a domestic building and loan association, a domestic savings and loan association, and a Federal savings and loan association, substantially all the business of which is confined to making loans to members.”
Subsec. (a)(30), (31). Pub. L. 87–834, § 7(h), added pars. (30), (31).
Subsec. (a)(32). Pub. L. 87–870 added par. (32).
1960—Subsec. (a)(9), (10). Pub. L. 86–624, § 18(i), (j), struck out reference to the Territory of Hawaii.
Subsec. (a)(12). Pub. L. 86–778 designated existing provisions as par. (A) and added par. (B).
1959—Subsec. (a)(9). Pub. L. 86–70, § 22(g), substituted “the Territory of Hawaii” for “the Territories of Alaska and Hawaii”.
Subsec. (a)(10). Pub. L. 86–70, § 22(h), substituted “Territory of Hawaii” for “Territories”.
Effective Date Of Amendment
Amendment by Pub. L. 111–312 applicable to estates of decedents dying, and transfers made after
Amendment by Pub. L. 111–152 applicable to transactions entered into after
Amendment by Pub. L. 110–245 applicable to any individual whose expatriation date is on or after
Amendment by Pub. L. 110–28 applicable to returns prepared after
Amendment by section 1207(f) of Pub. L. 109–280 effective
Amendment by Pub. L. 109–135 effective as if included in the provision of the American Jobs Creation Act of 2004, Pub. L. 108–357, to which such amendment relates, see section 403(nn) of Pub. L. 109–135, set out as a note under section 26 of this title.
Amendment by section 804(b) of Pub. L. 108–357 applicable to individuals who expatriate after
Amendment by section 835(b)(10), (11) of Pub. L. 108–357 effective
Pub. L. 108–357, title VIII, § 852(c),
Amendment by Pub. L. 108–311 applicable to taxable years beginning after
Amendment by Pub. L. 107–16 applicable to estates of decedents dying after
Pub. L. 105–34, title XI, § 1151(b),
Pub. L. 105–34, title XI, § 1174(c),
Amendment by section 1601(i)(3)(A) of Pub. L. 105–34 effective as if included in the provisions of the Small Business Job Protection Act of 1996, Pub. L. 104–188, to which it relates, see section 1601(j) of Pub. L. 105–34, set out as a note under section 23 of this title.
Pub. L. 105–34, title XVI, § 1601(i)(4),
Amendment by section 1402(b)(3) of Pub. L. 104–188 applicable with respect to decedents dying after
Amendment by section 1621(b)(8), (9) of Pub. L. 104–188 effective
Pub. L. 104–188, title I, § 1907(a)(3),
[Pub. L. 105–34, title XI, § 1161(b),
Amendment by Pub. L. 104–88 effective
Amendment by Pub. L. 103–296 effective with calendar quarter following
Amendment by Pub. L. 102–318 applicable to distributions after
Amendment by Pub. L. 102–90 effective
Amendment by section 11812(b)(13) of Pub. L. 101–508 applicable to property placed in service after
Pub. L. 101–194, title VI, § 603,
Amendment by title I of Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.
Amendment by section 201(c), (d)(14) of Pub. L. 99–514 applicable to property placed in service after
Amendment by section 201(c), (d)(14) of Pub. L. 99–514 not applicable to any property placed in service before
Amendment by section 671(b)(3) of Pub. L. 99–514 applicable to taxable years beginning after
Amendment by section 673 of Pub. L. 99–514 effective
Pub. L. 99–514, title XI, § 1166(b),
Amendment by sections 1802(a)(9)(C), 1810(l)(1)–(4), 1842(d) of Pub. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98–369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99–514, set out as a note under section 48 of this title.
Pub. L. 99–514, title XVIII, § 1810(l)(5)(B),
Amendment by Pub. L. 98–443 effective
Amendment by section 31(e) of Pub. L. 98–369 effective, except as otherwise provided in section 31(g) of Pub. L. 98–369, as to property placed in service by the taxpayer after
Amendment by section 43(a)(1) of Pub. L. 98–369 applicable to taxable years ending after
Amendment by section 53(c) of Pub. L. 98–369 effective
Amendment by section 75(c) of Pub. L. 98–369 applicable to distributions, sales, and exchanges made after
Pub. L. 98–369, div. A, title I, § 138(b),
Amendment by section 412(b)(11) of Pub. L. 98–369 applicable with respect to taxable years beginning after
Amendment by section 422(d)(3) of Pub. L. 98–369 applicable with respect to divorce or separation instruments executed after
Amendment by section 474(r)(29)(K) of Pub. L. 98–369 not applicable with respect to obligations issued before
Amendment by section 491(d)(53) of Pub. L. 98–369 applicable to obligations issued after
Pub. L. 98–369, div. A, title V, § 526(c)(2),
Amendment by section 104(d)(1) of Pub. L. 98–67 applicable with respect to payments made after
For effective date of amendment by Pub. L. 97–473, see section 204 of Pub. L. 97–473, set out as an Effective Date note under section 7871 of this title.
Amendment by Pub. L. 97–448 effective as if included in the provisions of the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97–248, to which such amendment relates, see section 311(d) of Pub. L. 97–448, set out as a note under section 31 of this title.
Amendment by section 201(d)(10) of Pub. L. 97–248 applicable to taxable years beginning after
Pub. L. 97–248, title III, § 336(b),
Amendment by Pub. L. 97–34 applicable to estimated tax for taxable years beginning after
Amendment by section 157(k)(2) of Pub. L. 95–600 applicable to taxable years beginning after
Amendment by section 701(cc)(2) of Pub. L. 95–600 applicable to documents prepared after
Pub. L. 94–455, title XII, § 1203(j),
Amendment by section 1906(a)(57), (b)(13)(A), (c)(3) of Pub. L. 94–455 effective on first day of first month which begins more than ninety days after
Amendment by Pub. L. 92–606 applicable with respect to taxable years beginning after
Amendment by section 432(c), (d) of Pub. L. 91–172 effective for taxable years beginning after
Amendment by section 960(j) of Pub. L. 91–172 effective
Amendment by Pub. L. 90–364 applicable with respect to taxable years beginning after
Amendment by Pub. L. 89–809 applicable with respect to taxable years beginning after
Amendment by Pub. L. 89–368 applicable with respect to taxable years beginning after
Amendment by section 204(a)(3) of Pub. L. 88–272 applicable to group-term life insurance provided after
Amendment by section 234(b)(3) of Pub. L. 88–272 applicable to taxable years beginning after
Pub. L. 87–870, § 5(b),
Pub. L. 87–834, § 6(g)(3),
Amendment by Pub. L. 86–778 effective
Amendment by Pub. L. 86–624 effective
Amendment by Pub. L. 86–70 effective
Savings
For provisions that nothing in amendment by section 11812(b)(13) of Pub. L. 101–508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to
Transfer Of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
Coast Guard transferred to Department of Transportation and all functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89–670, § 6(b)(1),
Miscellaneous
For provisions directing that if any amendments made by subtitle D [§§ 1401–1465] of title I of Pub. L. 104–188 require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan year beginning on or after
For provisions directing that if any amendments made by subtitle B [§§ 521–523] of title V of Pub. L. 102–318 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
For 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 Pub. L. 99–514 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
Pub. L. 96–605, title IV, § 402,