Treasury Regulations · 26 CFR
§ 1.1366-0. Table of contents.
Regulation text, no changes From the eCFR, current as of October 15, 2026. The eCFR is an authoritative but unofficial editorial compilation of the Code of Federal Regulations; the official text is the annual CFR on govinfo. Compare it with this section on ecfr.gov (external site) or the official annual CFR on govinfo (external site).
Regulation under 26 U.S.C. § 1366
Cite as 26 CFR § 1.1366-0
At a glance
Read from the text and its source citation. Not part of the regulation.
- Status
- In the current eCFR
- Issued
- December 22, 1999 by T.D. 8852
- Last amended
- July 23, 2014 by T.D. 9682
- Issued under
- 26 U.S.C. § 1366
- Length
- 388 words · about 2 min to read
- Cross-references
- cites 4 Code sections and 5 regulations; cited by 0
The following table of contents is provided to facilitate the use of §§ 1.1366-1 through 1.1366-5:
(a) Determination of shareholder's tax liability.
(1) In general.
(2) Separately stated items of income, loss, deduction, or credit.
(3) Nonseparately computed income or loss.
(4) Separate activities requirement.
(5) Aggregation of deductions or exclusions for purposes of limitations.
(b) Character of items constituting pro rata share.
(1) In general.
(2) Exception for contribution of noncapital gain property.
(3) Exception for contribution of capital loss property.
(c) Gross income of a shareholder.
(1) In general.
(2) Gross income for substantial omission of items.
(d) Shareholders holding stock subject to community property laws.
(e) Net operating loss deduction of shareholder of S corporation.
(f) Cross-reference.
§ 1.1366-2 Limitations on deduction of passthrough items of an S corporation to its shareholders.(a) In general.
(1) Limitation on losses and deductions.
(2) Basis of indebtedness.
(i) In general.
(ii) Special rule for guarantees.
(iii) Examples.
(3) Carryover of disallowance.
(4) Basis limitation amount.
(i) Stock portion.
(ii) Indebtedness portion.
(5) Limitation on losses and deductions allocated to each item.
(6) Nontransferability of losses and deductions.
(i) In general.
(ii) Exceptions for transfers of stock under section 1041(a).
(iii) Examples.
(7) Basis of stock acquired by gift.
(b) Special rules for carryover of disallowed losses and deductions to post-termination transition period described in section 1377(b).
(1) In general.
(2) Limitation on losses and deductions.
(3) Limitation on losses and deductions allocated to each item.
(4) Adjustment to the basis of stock.
(c) Carryover of disallowed losses and deductions in the case of liquidations, reorganizations, and divisions.
(1) Liquidations and reorganizations.
(2) Corporate separations to which section 368(a)(1)(D) applies.
§ 1.1366-3 Treatment of family groups.(a) In general.
(b) Examples.
§ 1.1366-4 Special rules limiting the passthrough of certain items of an S corporation to its shareholders.(a) Passthrough inapplicable to section 34 credit.
(b) Reduction in passthrough for tax imposed on built-in gains.
(c) Reduction in passthrough for tax imposed on excess net passive income.
§ 1.1366-5 Effective/applicability date.[T.D. 8852, 64 FR 71644, Dec. 22, 1999, as amended by T.D. 9422, 73 FR 47530, Aug. 14, 2008; T.D. 9682, 79 FR 42677, July 23, 2014]
Cross-references
Computed from the citations in the text of 26 CFR.
Code sections it cites
- § 1041 Transfers of property between spouses or incident to divorce
- § 1377 Definitions and special rule
- § 368 Definitions relating to corporate reorganizations
- § 34 Certain uses of gasoline and special fuels
Regulations it cites
- § 1.1366-1 Shareholder's share of items of an S corporation.
- § 1.1366-2 Limitations on deduction of passthrough items of an S corporation to its shareholders.
- § 1.1366-3 Treatment of family groups.
- § 1.1366-4 Special rules limiting the passthrough of certain items of an S corporation to its shareholders.
- § 1.1366-5 Effective/applicability date.
Amendment history
From the source citation at the end of the section, newest first. T.D. is a Treasury decision; FR is the Federal Register.
- Amended by T.D. 9682 (79 FR 42677)
- Amended by T.D. 9422 (73 FR 47530)
- Issued by T.D. 8852 (64 FR 71644)
Where it sits in 26 CFR
- Subchapter A Income tax
- Part 1 Income taxes
- Small Business Corporations and Their Shareholders
Nearby sections
- § 1.1362-7 Effective dates.
- § 1.1362-8 Dividends received from affiliated subsidiaries.
- § 1.1363-1 Effect of election on corporation.
- § 1.1363-2 Recapture of LIFO benefits.
- § 1.1366-0 Table of contents.
- § 1.1366-1 Shareholder's share of items of an S corporation.
- § 1.1366-2 Limitations on deduction of passthrough items of an S corporation to its shareholders.
- § 1.1366-3 Treatment of family groups.
- § 1.1366-4 Special rules limiting the passthrough of certain items of an S corporation to its shareholders.