Treasury Regulations · 26 CFR
§ 1.404(k)-3. Disallowance of deduction for reacquisition payments.
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. § 404(k)
Cite as 26 CFR § 1.404(k)-3
At a glance
Read from the text and its source citation. Not part of the regulation.
- Status
- In the current eCFR
- Issued
- August 30, 2006 by T.D. 9282
- Issued under
- 26 U.S.C. § 404(k)
- Length
- 156 words · about 1 min to read
- Cross-references
- cites 1 Code section and 1 regulation; cited by 1
Q-1: Are payments to reacquire stock held by an ESOP applicable dividends that are deductible under section 404(k)(1)?
A-1: (a) Payments to reacquire stock held by an ESOP, including reacquisition payments that are used to make benefit distributions to participants or beneficiaries, are not deductible under section 404(k) because—
Q-2: What is the effective date of this section?
A-2: This section applies with respect to payments to reacquire stock that are made on or after August 30, 2006.
[T.D. 9282, 71 FR 51474, Aug. 30, 2006]
Cross-references
Computed from the citations in the text of 26 CFR.
Code sections it cites
Regulations it cites
Cited by 1 other regulation
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.
- Issued by T.D. 9282 (71 FR 51474)
Where it sits in 26 CFR
- Subchapter A Income tax
- Part 1 Income taxes
Nearby sections
- § 1.404(d)-1T Questions and answers relating to deductibility of deferred compensation and deferred benefits for independent contractors. (Temporary)
- § 1.404(e)-1A Contributions on behalf of a self-employed individual to or under a qualified pension, annuity, or profit-sharing plan.
- § 1.404(g)-1 Deduction of employer liability payments.
- § 1.404(k)-1T Questions and answers relating to the deductibility of certain dividend distributions. (Temporary)
- § 1.404(k)-3 Disallowance of deduction for reacquisition payments.
- § 1.406-1 Treatment of certain employees of foreign subsidiaries as employees of the domestic corporation.
- § 1.407-1 Treatment of certain employees of domestic subsidiaries engaged in business outside the United States as employees of the domestic parent corporation.
- § 1.408-1 General rules.
- § 1.408-2 Individual retirement accounts.