Source
(Added Pub. L. 97–354, § 2, Oct. 19, 1982, 96 Stat. 1680; amended Pub. L. 97–448, title III, § 305(d)(2), Jan. 12, 1983, 96 Stat. 2399; Pub. L. 98–369, div. A, title VII, § 721(r), July 18, 1984, 98 Stat. 970; Pub. L. 99–514, title XVIII, § 1879(m)(1)(B), Oct. 22, 1986, 100 Stat. 2910; Pub. L. 104–188, title I, § 1309(a)(2)–(c), Aug. 20, 1996, 110 Stat. 1783; Pub. L. 110–28, title VIII, § 8232(b), May 25, 2007, 121 Stat. 197.)
Amendments
2007—Subsec. (f).
Pub. L. 110–28 added subsec. (f).
1996—Subsec. (d).
Pub. L. 104–188, § 1309(a)(2), inserted at end “In the case of any distribution made during any taxable year, the adjusted basis of the stock shall be determined with regard to the adjustments provided in paragraph (1) of section
1367
(a) for the taxable year.”
Subsec. (e)(1)(A).
Pub. L. 104–188, § 1309(c), substituted “as otherwise provided in this paragraph” for “as provided in subparagraph (B)” and “section
1367
(a)(2)” for “section
1367
(b)(2)(A)”.
Subsec. (e)(1)(C).
Pub. L. 104–188, § 1309(b), added subpar. (C).
1986—Subsec. (e)(1)(A).
Pub. L. 99–514 inserted “and no adjustment shall be made for Federal taxes attributable to any taxable year in which the corporation was a C corporation” before period at end.
1984—Subsec. (c).
Pub. L. 98–369, § 721(r)(2), inserted “Except to the extent provided in regulations, if the distributions during the taxable year exceed the amount in the accumulated adjustments account at the close of the taxable year, for purposes of this subsection, the balance of such account shall be allocated among such distributions in proportion to their respective sizes.”
Subsec. (e)(1)(A).
Pub. L. 98–369, § 721(r)(1), substituted “(except that no adjustment shall be made for income (and related expenses) which is exempt from tax under this title and the phrase ‘(but not below zero)’ shall be disregarded in section
1367
(b)(2)(A))” for “(except that no adjustment shall be made for income which is exempt from tax under this title and no adjustment shall be made for any expense not deductible in computing the corporation’s taxable income and not properly chargeable to capital account)”.
1983—Subsec. (e)(3).
Pub. L. 97–448 added par. (3).
Effective Date of 2007 Amendment
Amendment by
Pub. L. 110–28 applicable to taxable years beginning after Dec. 31, 2006, with special rule for treatment as second class of stock, see section 8232(c) of
Pub. L. 110–28, set out as a note under section
1361 of this title.
Effective Date of 1996 Amendment
Amendment by
Pub. L. 104–188 applicable to taxable years beginning after Dec. 31, 1996, see section 1317(a) of
Pub. L. 104–188, set out as a note under section
641 of this title.
Effective Date of 1986 Amendment
Amendment by
Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1982, see section 1879(m)(2) of
Pub. L. 99–514, set out as a note under section
1361 of this title.
Effective Date of 1984 Amendment
Amendment by
Pub. L. 98–369 effective as if included in the Subchapter S Revision Act of 1982,
Pub. L. 97–354, see section 721(y)(1) of
Pub. L. 98–369, set out as a note under section
1361 of this title.
Effective Date of 1983 Amendment
Section 311(c)(4) of
Pub. L. 97–448 provided that: “The amendments made by subsection (d) of section
305 [amending this section and sections
221,
1374, and
4975 of this title, enacting provisions set out as a note under section
1361 of this title, and amending provisions set out as a note under section
1361 of this title] shall take effect on the date of the enactment of the Subchapter S Revision Act of 1982 [Oct. 19, 1982].”
Effective Date
Section applicable to taxable years beginning after Dec. 31, 1982, see section 6(a) of
Pub. L. 97–354, set out as a note under section
1361 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.