Internal Revenue Code · 26 U.S.C.

§ 1293. Current taxation of income from qualified electing funds

In force Text current through Public Law 119-121 (October 9, 2026) release point 119-121

Official text, no changes From the Office of the Law Revision Counsel, release point 119-121 (current through Public Law 119-121 (October 9, 2026)). Compare it with the official text at uscode.house.gov (external site).

Cite as 26 U.S.C. § 1293

At a glance

Read from the text, the source credit and the official notes. Not part of the law.

Status: In force
Added: October 22, 1986 by Pub. L. 99–514
Last amended: December 22, 2017 by Pub. L. 115–97
Amendments: 4 dated changes in the source credit
Length: 7 subsections · 1,051 words · about 5 min to read
Defines: 1 term
Cross-references: cites 8; cited by 6 Code sections and 17 other regulations
Regulations: 2 issued under this section

¶(a) Inclusion

¶(1) In general Every United States person who owns (or is treated under section 1298(a) as owning) stock of a qualified electing fund at any time during the taxable year of such fund shall include in gross income—

¶(A) as ordinary income, such shareholder’s pro rata share of the ordinary earnings of such fund for such year, and

¶(B) as long-term capital gain, such shareholder’s pro rata share of the net capital gain of such fund for such year.

¶(2) Year of inclusion

The inclusion under paragraph (1) shall be for the taxable year of the shareholder in which or with which the taxable year of the fund ends.

¶(b) Pro rata share

The pro rata share referred to in subsection (a) in the case of any shareholder is the amount which would have been distributed with respect to the shareholder’s stock if, on each day during the taxable year of the fund, the fund had distributed to each shareholder a pro rata share of that day’s ratable share of the fund’s ordinary earnings and net capital gain for such year. To the extent provided in regulations, if the fund establishes to the satisfaction of the Secretary that it uses a shorter period than the taxable year to determine shareholders’ interests in the earnings of such fund, pro rata shares may be determined by using such shorter period.

¶(c) Previously taxed amounts distributed tax free

If the taxpayer establishes to the satisfaction of the Secretary that any amount distributed by a passive foreign investment company is paid out of earnings and profits of the company which were included under subsection (a) in the income of any United States person, such amount shall be treated, for purposes of this chapter, as a distribution which is not a dividend; except that such distribution shall immediately reduce earnings and profits. If the passive foreign investment company is a controlled foreign corporation (as defined in section 957(a)), the preceding sentence shall not apply to any United States shareholder (as defined in section 951(b)) in such corporation, and, in applying section 959 to any such shareholder, any inclusion under this section shall be treated as an inclusion under section 951(a)(1)(A).

¶(d) Basis adjustments The basis of the taxpayer’s stock in a passive foreign investment company shall be—

¶(1) increased by any amount which is included in the income of the taxpayer under subsection (a) with respect to such stock, and

¶(2) decreased by any amount distributed with respect to such stock which is not includible in the income of the taxpayer by reason of subsection (c).

A similar rule shall apply also in the case of any property if by reason of holding such property the taxpayer is treated under section 1298(a) as owning stock in a qualified electing fund.

¶(e) Ordinary earnings For purposes of this section—

¶(1) Ordinary earnings

The term “ordinary earnings” means the excess of the earnings and profits of the qualified electing fund for the taxable year over its net capital gain for such taxable year.

¶(2) Limitation on net capital gain

A qualified electing fund’s net capital gain for any taxable year shall not exceed its earnings and profits for such taxable year.

¶(3) Determination of earnings and profits

The earnings and profits of any qualified electing fund shall be determined without regard to paragraphs (4), (5), and (6) of section 312(n). Under regulations, the preceding sentence shall not apply to the extent it would increase earnings and profits by an amount which was previously distributed by the qualified electing fund.

¶(f) Foreign tax credit allowed in the case of 10-percent corporate shareholder For purposes of section 960—

¶(1) any amount included in the gross income under subsection (a) shall be treated as if it were included under section 951(a),

¶(2) any amount excluded from gross income under subsection (c) shall be treated in the same manner as amounts excluded from gross income under section 959, and

¶(3) a domestic corporation which owns (or is treated under section 1298(a) as owning) stock of a qualified electing fund shall be treated in the same manner as a United States shareholder of a controlled foreign corporation (and such qualified electing fund shall be treated in the same manner as such controlled foreign corporation) if such domestic corporation meets the stock ownership requirements of subsection (a) or (b) of section 902 (as in effect before its repeal) with respect to such qualified electing fund.

¶(g) Other special rules

¶(1) Exception for certain income For purposes of determining the amount included in the gross income of any person under this section, the ordinary earnings and net capital gain of a qualified electing fund shall not include any item of income received by such fund if—

¶(A) such fund is a controlled foreign corporation (as defined in section 957(a)) and such person is a United States shareholder (as defined in section 951(b)) in such fund, and

¶(B) such person establishes to the satisfaction of the Secretary that—

¶(i) such income was subject to an effective rate of income tax imposed by a foreign country greater than 90 percent of the maximum rate of tax specified in section 11, or

¶(ii) such income is—

¶(I) from sources within the United States,

¶(II) effectively connected with the conduct by the qualified electing fund of a trade or business in the United States, and

¶(III) not exempt from taxation (or subject to a reduced rate of tax) pursuant to a treaty obligation of the United States.

¶(2) Prevention of double inclusion

The Secretary shall prescribe such adjustment to the provisions of this section as may be necessary to prevent the same item of income of a qualified electing fund from being included in the gross income of a United States person more than once.

(Added Pub. L. 99–514, title XII, § 1235(a), Oct. 22, 1986, 100 Stat. 2569; amended Pub. L. 100–647, title I, § 1012(p)(15), (18), (23), (32), Nov. 10, 1988, 102 Stat. 3518, 3519, 3521; Pub. L. 103–66, title XIII, § 13231(c)(3), Aug. 10, 1993, 107 Stat. 498; Pub. L. 105–34, title XI, § 1122(d)(3), Aug. 5, 1997, 111 Stat. 977; Pub. L. 115–97, title I, § 14301(c)(35), Dec. 22, 2017, 131 Stat. 2224.)

Terms defined here

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ordinary earnings § 1293(e)(1)

Regulations under this section

Treasury regulations (26 CFR) issued under § 1293

Cross-references

Computed from the citations in the text of Title 26 and 26 CFR.

This section cites 8 other sections

Cited by 6 Code sections

Cited in 17 regulations not issued under it

Amendment history

From the source credit and the official notes, newest first.

December 22, 2017Amended by Pub. L. 115–97Parts changed in 2017: (f)(3)
August 5, 1997Amended by Pub. L. 105–34Parts changed in 1997: (a)(1)
August 10, 1993Amended by Pub. L. 103–66Parts changed in 1993: (c)
November 10, 1988Amended by Pub. L. 100–647Parts changed in 1988: (b) (c) (e)(3) (g)
October 22, 1986Added by Pub. L. 99–514

Where it sits in the Code

Nearby sections

§ 1293 Current taxation of income from qualified electing funds
§ 1294 Election to extend time for payment of tax on undistributed earnings
§ 1295 Qualified electing fund

Official notes

Show the Law Revision Counsel's notes (amendments, effective dates)

Editorial Notes

References in Text

Section 902 (as in effect before its repeal), referred to in subsec. (f)(3), means section 902 of this title as in effect before its repeal by Pub. L. 115–97, title I, § 14301(a), Dec. 22, 2017, 131 Stat. 2221.

Amendments

2017—Subsec. (f)(3). Pub. L. 115–97 added par. (3).

1997—Subsecs. (a)(1), (d). Pub. L. 105–34 substituted “section 1298(a)” for “section 1297(a)”.

1993—Subsec. (c). Pub. L. 103–66 inserted at end “If the passive foreign investment company is a controlled foreign corporation (as defined in section 957(a)), the preceding sentence shall not apply to any United States shareholder (as defined in section 951(b)) in such corporation, and, in applying section 959 to any such shareholder, any inclusion under this section shall be treated as an inclusion under section 951(a)(1)(A).”

1988—Subsec. (b). Pub. L. 100–647, § 1012(p)(15), inserted at end “To the extent provided in regulations, if the fund establishes to the satisfaction of the Secretary that it uses a shorter period than the taxable year to determine shareholders’ interests in the earnings of such fund, pro rata shares may be determined by using such shorter period.”

Subsec. (c). Pub. L. 100–647, § 1012(p)(23), inserted “, for purposes of this chapter,” after “shall be treated”, and “; except that such distribution shall immediately reduce earnings and profits” after “is not a dividend”.

Subsec. (e)(3). Pub. L. 100–647, § 1012(p)(18), added par. (3).

Subsec. (g). Pub. L. 100–647, § 1012(p)(32), added subsec. (g).

Effective Date of 2017 Amendment

Amendment by Pub. L. 115–97 applicable to taxable years of foreign corporations beginning after Dec. 31, 2017, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end, see section 14301(d) of Pub. L. 115–97, set out as a note under section 78 of this title.

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–34 applicable to taxable years of United States persons beginning after Dec. 31, 1997, and to taxable years of foreign corporations ending with or within such taxable years of United States persons, see section 1124 of Pub. L. 105–34, set out as a note under section 532 of this title.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–66 applicable to taxable years of foreign corporations beginning after Sept. 30, 1993, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end, see section 13231(e) of Pub. L. 103–66, set out as a note under section 951 of this title.

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

Section applicable to taxable years of foreign corporations beginning after Dec. 31, 1986, see section 1235(h) of Pub. L. 99–514, set out as a note under section 1291 of this title.