Source
(Aug. 16, 1954, ch. 736, 68A Stat. 180; Pub. L. 85–866, title I, § 31, title II, § 205(a), Sept. 2, 1958, 72 Stat. 1631, 1680; Pub. L. 87–403, § 3(b), Feb. 2, 1962, 76 Stat. 6; Pub. L. 87–834, § 9(d)(2), Oct. 16, 1962, 76 Stat. 1001; Pub. L. 88–272, title II, § 207(b)(4), Feb. 26, 1964, 78 Stat. 42; Pub. L. 91–172, title IV, § 401(b)(2)(C), title V, § 512(f)(5), (6), Dec. 30, 1969, 83 Stat. 602, 641; Pub. L. 94–12, title III, § 304(a), Mar. 29, 1975, 89 Stat. 45; Pub. L. 94–455, title X, § 1033(b)(3), title XIX, §§ 1901(a)(74), (b)(20)(A), (32)(C), (33)(D),
1906
(b)(13)(A), Oct. 4, 1976, 90 Stat. 1628, 1777, 1797, 1800, 1801, 1834; Pub. L. 97–34, title II, § 232(a), (b)(1), Aug. 13, 1981, 95 Stat. 250; Pub. L. 98–369, div. A, title I, §§ 58(b),
125
(a), July 18, 1984, 98 Stat. 575, 647; Pub. L. 99–514, title XII, § 1225(a), title XVIII, § 1899A(17), Oct. 22, 1986, 100 Stat. 2558, 2959; Pub. L. 101–508, title XI, § 11801(c)(18), Nov. 5, 1990, 104 Stat. 1388–528; Pub. L. 108–357, title IV, § 402(b)(1), Oct. 22, 2004, 118 Stat. 1492; Pub. L. 109–135, title IV, § 403(n)(2), Dec. 21, 2005, 119 Stat. 2626.)
Amendments
2005—Subsec. (b)(10).
Pub. L. 109–135 added par. (10).
2004—Subsec. (d)(2).
Pub. L. 108–357 substituted “section
904
(h)(6)” for “section
904
(g)(6)”.
1990—Subsec. (c)(5).
Pub. L. 101–508 substituted “section
1561” for “sections
1561 and
1564”.
1986—Subsec. (b)(5)(C)(i), (8)(C).
Pub. L. 99–514, § 1899A(17), substituted “July 18, 1984” for “the date of the enactment of the Tax Reform Act of 1984”.
Subsec. (b)(9).
Pub. L. 99–514, § 1225(a), added par. (9).
1984—Subsec. (b)(5).
Pub. L. 98–369, § 58(b), designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B), there shall be allowed as a deduction an amount equal to the net capital loss for the taxable year (determined without regard to paragraph (7)(A)” for “There shall be allowed as deductions losses from sales or exchanges of capital assets during the taxable year which are disallowed as deductions under section
1211
(a) in subpar. (A) as so redesignated, and added subpars. (B) and (C).
Subsec. (b)(6).
Pub. L. 98–369, § 58(b), divided existing par. (6) into subpars. (A) and (B) and substituted references to the application of paragraph (7) for references to capital loss carryback and carryover provided in section
1212.
Subsec. (b)(7).
Pub. L. 98–369, § 58(b), substituted “Capital loss carryovers” for “Capital loss” in heading, redesignated existing provisions as subpar. (B), and added subpar. (A).
Subsec. (b)(8).
Pub. L. 98–369, § 58(b), added par. (8).
Subsec. (d).
Pub. L. 98–369, § 125(a), added subsec. (d).
1981—Subsec. (c)(2).
Pub. L. 97–34, § 232(a), designated existing provisions as subpar. (A), substituted “$250,000” for “$150,000”, and added subpar. (B).
Subsec. (c)(3).
Pub. L. 97–34, § 232(b)(1), substituted “$250,000” for “$150,000”.
1976—Subsec. (b)(1).
Pub. L. 94–455, §§ 1033(b)(3),
1901
(a)(74), struck out “(other than the excess profits tax imposed by subchapter E of chapter 2 of the Internal Revenue Code of 1939 for taxable years beginning after December 31, 1940)” after “income and excess profits taxes”, and substituted “section
902
(a) or
960
(a)(1)” for “section
902
(a)(1) or
960
(a)(1)(C)” after “domestic corporation under”.
Subsec. (b)(6).
Pub. L. 94–455, § 1901(b)(33)(D), substituted “Net” for “Long-term” after “(6)”.
Subsec. (b)(8).
Pub. L. 94–455, § 1901(b)(20)(A), struck out par. (8) relating to allowance of deduction by bank affiliates.
Subsec. (b)(9), (10).
Pub. L. 94–455, § 1901(b)(32)(C), struck out par. (9) relating to allowance of deduction for distributions of divested stock, and struck out par. (10) relating to special adjustment on disposition of antitrust stock received as a dividend.
1975—Subsec. (c)(2), (3).
Pub. L. 94–12 substituted “$150,000” for “$100,000”.
1969—Subsec. (b)(6).
Pub. L. 91–172, § 512(f)(5), substituted “capital loss carryback or carryover” for “capital loss carryover” and “capital loss carryback and carryover” for “capital loss carryover” in subpar. (B).
Subsec. (b)(7).
Pub. L. 91–172, § 512(f)(6), substituted “Capital loss” for “Capital loss carryover” in heading and “capital loss carryback or carryover” for “capital loss carryover” in text.
Subsec. (c)(5).
Pub. L. 91–172, § 401(b)(2)(C), substituted “section
1551, and for limitation on such credit in the case of certain controlled corporations, see sections
1561 and
1564” for “section
1551”.
1964—Subsec. (b)(1).
Pub. L. 88–272 substituted “section
275
(a)(4)” for “section
164
(b)(6)”.
1962—Subsec. (b)(1).
Pub. L. 87–834 substituted “accrued during the taxable year or deemed to be paid by a domestic corporation under section
902
(a)(1) or
960
(a)(1)(C) for the taxable year” for “accrued during the taxable year”.
Subsec. (b)(9), (10).
Pub. L. 87–403 added pars. (9) and (10).
1958—Subsec. (b)(2).
Pub. L. 85–866, § 31(a), struck out “the limitation in” after “without regard to”.
Subsec. (b)(6)(B).
Pub. L. 85–866, § 31(a), substituted “in taxable income the excess of the net long-term capital gain for the taxable year over the net short-term capital loss for such year (determined without regard to the capital loss carryover provided in section
1212)” for “such excess in taxable income”.
Subsec. (c)(2), (3).
Pub. L. 85–866, § 205(a), substituted “$100,000” for “$60,000”.
Effective Date of 2005 Amendment
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.
Effective Date of 2004 Amendment
Pub. L. 108–357, title IV, § 402(c), Oct. 22, 2004,
118 Stat. 1492, provided that: “The amendments made by this section [amending this section and sections
904 and
936 of this title] shall apply to losses for taxable years beginning after December 31, 2006.”
Effective Date of 1986 Amendment
Section 1225(c) of
Pub. L. 99–514, as amended by
Pub. L. 100–647, title I, § 1012(k), Nov. 10, 1988,
102 Stat. 3513, provided that: “The amendments made by this section [amending this section and section
545 of this title] shall apply to gains and losses realized on or after January 1, 1986.”
Effective Date of 1984 Amendment
Amendment by section 58(b) of
Pub. L. 98–369 applicable to taxable years beginning after July 18, 1984, see section 58(c) of
Pub. L. 98–369, set out as a note under section
532 of this title.
Section 125(b) of
Pub. L. 98–369, as amended by
Pub. L. 99–514, § 2, Oct. 22, 1986,
100 Stat. 2095, provided that:
“(1) In general.—Except as provided in paragraph (2), the amendment made by subsection (a) [amending this section] shall apply to distributions and interest payments received by a United States-owned foreign corporation (within the meaning of section 535(d) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]) on or after May 23, 1983, in taxable years ending on or after such date.
“(2) Corporations in existence on may 23, 1983.—In the case of a United States-owned foreign corporation (as so defined) in existence on May 23, 1983, the amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1984.”
Effective Date of 1981 Amendment
Section 232(c) of
Pub. L. 97–34 provided that: “The amendments made by this section [amending this section and sections
243,
1551, and
1561 of this title] shall apply to taxable years beginning after December 31, 1981.”
Effective Date of 1976 Amendment
For effective date of amendment by section 1033(b)(3) of
Pub. L. 94–455, see section 1033(c) of
Pub. L. 94–455, set out as a note under section
902 of this title.
Amendment by section 1901(a)(74), (b)(20)(A), (32)(C), (33)(D) of
Pub. L. 94–455 applicable with respect to taxable years beginning after Dec. 31, 1976, see section 1901(d) of
Pub. L. 94–455, set out as a note under section
2 of this title.
Effective Date of 1975 Amendment
Section 305(c) of
Pub. L. 94–12 provided that: “The amendments made by section
304 [amending this section and sections
243,
1551, and
1561 of this title] apply to taxable years beginning after December 31, 1974.”
Effective Date of 1969 Amendment
Amendment by section 401(b)(2)(C) of
Pub. L. 91–172 applicable with respect to taxable years beginning after Dec. 31, 1969, see section 401(h)(2) of
Pub. L. 91–172, set out as a note under section
1561 of this title.
Amendment by section 512(f)(5), (6) of
Pub. L. 91–172 applicable with respect to net capital losses sustained in taxable years beginning after Dec. 31, 1969, see section 512(g) of
Pub. L. 91–172, set out as a note under section
1212 of this title.
Effective Date of 1964 Amendment
Amendment by
Pub. L. 88–272 applicable to taxable years beginning after Dec. 31, 1963, see section 207(c) of
Pub. L. 88–272, set out as a note under section
164 of this title.
Effective Date of 1962 Amendments
Amendment by
Pub. L. 87–834 applicable in respect of any distribution received by a domestic corporation after Dec. 31, 1964, and in respect of any distribution received by a domestic corporation before Jan. 1, 1965, in a taxable year of such corporation beginning after Dec. 31, 1962, 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 Dec. 31, 1962, see section 9(e) of
Pub. L. 87–834, set out as a note under section
902 of this title.
Amendment by
Pub. L. 87–403 applicable only with respect to distributions made after Feb. 2, 1962, see section 3(g) of
Pub. L. 87–403, set out as a note under section
312 of this title.
Effective Date of 1958 Amendment
Amendment by section 31 of
Pub. L. 85–866 applicable to taxable years beginning after Dec. 31, 1953, and ending after Aug. 16, 1954, see section 1(c)(1) of
Pub. L. 85–866, set out as a note under section
165 of this title.
Section 205(b) of
Pub. L. 85–866 provided that: “The amendments made by subsection (a) [amending this section and section
1551 of this title] shall apply with respect to taxable years beginning after December 31, 1957.”
Savings Provision
For provisions that nothing in amendment by
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 Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of
Pub. L. 101–508, set out as a note under section
45K of this title.
Plan Amendments Not Required Until January 1, 1989
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 Jan. 1, 1989, see section 1140 of
Pub. L. 99–514, as amended, set out as a note under section
401 of this title.