Source
(Added Pub. L. 99–514, title VII, § 701(a), Oct. 22, 1986, 100 Stat. 2335; amended Pub. L. 100–203, title X, § 10212(b), Dec. 22, 1987, 101 Stat. 1330–406; Pub. L. 100–647, title I, § 1007(d), Nov. 10, 1988, 102 Stat. 3432.)
Prior Provisions
A prior section
58, added
Pub. L. 91–172, title III, § 301(a), Dec. 30, 1969,
83 Stat. 583; amended
Pub. L. 92–178, title III, § 308(a), Dec. 10, 1971,
85 Stat. 524;
Pub. L. 94–455, title III, § 301(d), title XIX, §§ 1901(b)(40),
1906
(b)(13)(A), Oct. 4, 1976,
90 Stat. 1553, 1803, 1834;
Pub. L. 95–600, title IV, §§ 421(c),
423
(a), title VII, § 701(b)(2), Nov. 6, 1978,
92 Stat. 2875, 2877, 2898;
Pub. L. 96–222, title I, § 107(a)(1)(C), Apr. 1, 1980,
94 Stat. 222;
Pub. L. 97–248, title II, § 201(c)(1), § 201(d)(3), formerly § 201(c)(3), Sept. 3, 1982,
96 Stat. 417, 419, renumbered § 201(d)(3),
Pub. L. 97–448, title III, § 306(a)(1)(A)(i), Jan. 12, 1983,
96 Stat. 2400;
Pub. L. 97–354, §§ 3(c),
5
(a)(16), Oct. 19, 1982,
96 Stat. 1688, 1693;
Pub. L. 97–448, title I, § 102(b)(2), Jan. 12, 1983,
96 Stat. 2369;
Pub. L. 98–369, div. A, title VII, § 711(a)(2), (3)(B), July 18, 1984,
98 Stat. 942;
Pub. L. 99–514, title XVIII, § 1875(a), Oct. 22, 1986,
100 Stat. 2894, related to rules for application of minimum tax for tax preferences, prior to the general revision of this part by
Pub. L. 99–514, § 701(a).
Amendments
1988—Subsec. (a)(2).
Pub. L. 100–647, § 1007(d)(1), struck out “(as modified by section
461
(i)(4)(A))” after “section
464
(c)” in subpar. (A) and substituted “section
469
(c)” for “section
469
(d), without regard to paragraph (1)(B) thereof” in subpar. (B).
Subsec. (a)(3).
Pub. L. 100–647, § 1007(d)(2), substituted “469(j)(2)” for “469(g)(1)(C)”.
Subsec. (a)(4).
Pub. L. 100–647, § 1007(d)(3), added par. (4).
Subsec. (b).
Pub. L. 100–647, § 1007(d)(4), added pars. (1) to (3) and struck out former pars. (1) to (3) which read as follows:
“(1) the adjustments of section
56 shall apply,
“(2) any deduction to the extent such deduction is an item of tax preference under section
57
(a) shall not be taken into account, and
“(3) the provisions of section
469
(m) (relating to phase-in of disallowance) shall not apply.”
1987—Subsec. (b)(3).
Pub. L. 100–203 substituted “section
469
(m)” for “section
469
(l)”.
Effective Date of 1988 Amendment
Amendment by
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.
Effective Date of 1987 Amendment
Section 10212(c) of
Pub. L. 100–203 provided that: “The amendments made by this section [amending this section and sections
163 and
469 of this title] shall take effect as if included in the amendments made by section 501 of the Tax Reform Act of 1986 [section 501 of
Pub. L. 99–514, see section 501(c) of
Pub. L. 99–514, set out as an Effective Date note under section
469 of this title].”
Effective Date
Section applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions and qualifications, see section 701(f) of
Pub. L. 99–514, set out as a note under section
55 of this title.
Applicability of 1986 Repeal
Pub. L. 101–239, title VII, § 7811(d)(1)(B), Dec. 19, 1989,
103 Stat. 2408, provided that: “The repeal of section 58(h) of the Internal Revenue Code of 1954 by the Tax Reform Act of 1986 [
Pub. L. 99–514] shall be effective only with respect to items of tax preference arising in taxable years beginning after December 31, 1986.”
Applicability of Certain Amendments by Pub. L. 99–514 in Relation to Treaty Obligations of United States
For applicability of amendment by section 701(a) of
Pub. L. 99–514 [enacting this section] notwithstanding any treaty obligation of the United States in effect on Oct. 22, 1986, with provision that for such purposes any amendment by title I of
Pub. L. 100–647 be treated as if it had been included in the provision of
Pub. L. 99–514 to which such amendment relates, see section 1012(aa)(2), (4) of
Pub. L. 100–647, set out as a note under section
861 of this title.