Internal Revenue Code · 26 U.S.C.
§ 1381. Organizations to which part applies
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. § 1381
At a glance
Read from the text, the source credit and the official notes. Not part of the law.
- Status
- In force
- Added
- October 16, 1962 by Pub. L. 87–834
- Last amended
- December 22, 2017 by Pub. L. 115–97
- Amendments
- 2 dated changes in the source credit
- Length
- 3 subsections · 171 words · about 1 min to read
- Cross-references
- cites 3; cited by 14 Code sections and 20 other regulations
- Regulations
- 2 issued under this section
An organization described in subsection (a)(1) shall be subject to the tax imposed by section 11.
For treatment of income from load loss transactions of organizations described in subsection (a)(2)(C), see section 501(c)(12)(H).
(Added Pub. L. 87–834, § 17(a), Oct. 16, 1962, 76 Stat. 1045; amended Pub. L. 108–357, title III, § 319(d), Oct. 22, 2004, 118 Stat. 1472; Pub. L. 115–97, title I, § 13001(b)(2)(O), Dec. 22, 2017, 131 Stat. 2097.)
Regulations under this section
Treasury regulations (26 CFR) issued under § 1381
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 3 other sections
- § 521 Exemption of farmers’ cooperatives from tax
- § 11 Tax imposed
- § 501(c)(12)(H) Exemption from tax on corporations, certain trusts, etc.
Cited by 14 Code sections
- § 40(g)(6)(A)(i) Alcohol, etc., used as fuel
- § 40A(e)(6)(A)(i) Biodiesel and renewable diesel used as fuel
- § 45(e)(11)(D) Electricity produced from certain renewable resources, etc.
- § 45H(f)(1)(A) Credit for production of low sulfur diesel fuel
- § 45Y(g)(6)(D) Clean electricity production credit
- § 52(e)(2) Special rules
- § 56A(c)(7) Adjusted financial statement income
- § 501(c)(12)(H)(i) Exemption from tax on corporations, certain trusts, etc.
- § 521(a) Exemption of farmers’ cooperatives from tax
- § 860E(e)(5)(C) Treatment of income in excess of daily accruals on residual interests
- § 1382(c) Taxable income of cooperatives
- § 1385(a)(1) Amounts includible in patron’s gross income
- § 6044(b)(1)(C) Returns regarding payments of patronage dividends
- § 6072(d)(1) Time for filing income tax returns
Cited in 20 regulations not issued under it
- § 1.45R-1 Definitions.
- § 1.46-1 Determination of amount.
- § 1.46-3 Qualified investment.
- § 1.46-4 Limitations with respect to certain persons.
- § 1.48-4 Election of lessor of new section 38 property to treat lessee as purchaser.
- § 1.50A-1 Determination of amount.
- § 1.50B-5 Limitations with respect to certain persons.
- § 1.52-3 Limitations with respect to certain persons.
- § 1.67-2T Treatment of pass-through entities (temporary).
- § 1.163(j)-4 General rules applicable to C corporations (including REITs, RICs, and members of consolidated groups) and tax-exempt corporations.
- § 1.362-3 Basis of importation property acquired in loss importation transaction.
- § 1.448-1 Limitation on the use of the cash receipts and disbursements method of accounting.
- § 1.469-2T Passive activity loss (temporary).
- § 1.1362-2 Termination of election.
- § 1.1382-3 Taxable income of cooperatives; special deductions for exempt farmers' cooperatives.
- § 1.1400Z2(a)-1 Deferring tax on capital gains by investing in opportunity zones.
- § 1.1502-3 Consolidated tax credits.
- § 1.6012-2 Corporations required to make returns of income.
- § 1.6072-2 Time for filing returns of corporations.
- § 1.6417-1 Elective payment election of applicable credits.
Amendment history
From the source credit and the official notes, newest first.
Where it sits in the Code
- Subtitle A Income Taxes
- Chapter 1 NORMAL TAXES AND SURTAXES
- Subchapter T Cooperatives and Their Patrons
- Part I TAX TREATMENT OF COOPERATIVES
Nearby sections
Official notes
Show the Law Revision Counsel's notes (amendments, effective dates)
Editorial Notes
Amendments
2017—Subsec. (b). Pub. L. 115–97 substituted “tax imposed by section 11” for “taxes imposed by section 11 or 1201”.
2004—Subsec. (c). Pub. L. 108–357 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Amendment by Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 13001(c)(1) of Pub. L. 115–97, set out as a note under section 11 of this title.
Effective Date of 2004 Amendment
Amendment by Pub. L. 108–357 applicable to taxable years beginning after Oct. 22, 2004, see section 319(e) of Pub. L. 108–357, set out as a note under section 501 of this title.
Effective Date
Pub. L. 87–834, § 17(c), Oct. 16, 1962, 76 Stat. 1051, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
“(1) For the cooperatives.— Except as provided in paragraph (3), the amendments made by subsections (a) and (b) [enacting this subchapter, amending sections 521 and 6072 of this title, and repealing section 522 of this title] shall apply to taxable years of organizations described in section 1381(a) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as added by subsection (a)) beginning after December 31, 1962.“(2) For the patrons.— Except as provided in paragraph (3), section 1385 of the Internal Revenue Code of 1986 (as added by subsection (a)) shall apply with respect to any amount received from any organization described in section 1381(a) of such Code, to the extent that such amount is paid by such organization in a taxable year of such organization beginning after December 31, 1962.“(3) Application of existing law.— In the case of any money, written notice of allocation, or other property paid by any organization described in section 1381(a)—“(A) before the first day of the first taxable year of such organization beginning after December 31, 1962, or“(B) on or after such first day with respect to patronage occurring before such first day,the tax treatment of such money, written notice of allocation, or other property (including the tax treatment of gain or loss on the redemption, sale, or other disposition of such written notice of allocation) by any person shall be made under the Internal Revenue Code of 1986 without regard to subchapter T of chapter 1 of such Code [this subchapter].”