Internal Revenue Code · 26 U.S.C.
§ 311. Taxability of corporation on distribution
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. § 311
At a glance
Read from the text, the source credit and the official notes. Not part of the law.
- Status
- In force
- Enacted
- December 30, 1969 by Pub. L. 91–172
- Last amended
- November 10, 1988 by Pub. L. 100–647
- Amendments
- 8 dated changes in the source credit
- Length
- 2 subsections · 337 words · about 1 min to read
- Cross-references
- cites 1; cited by 7 Code sections and 27 other regulations
Rules similar to the rules of section 336(b) shall apply for purposes of this subsection.
If the property distributed consists of an interest in a partnership or trust, the Secretary may by regulations provide that the amount of the gain recognized under paragraph (1) shall be computed without regard to any loss attributable to property contributed to the partnership or trust for the principal purpose of recognizing such loss on the distribution.
(Aug. 16, 1954, ch. 736, 68A Stat. 94; Pub. L. 91–172, title IX, § 905(a), (b)(1), Dec. 30, 1969, 83 Stat. 713, 714; Pub. L. 94–452, § 2(b), Oct. 2, 1976, 90 Stat. 1511; Pub. L. 94–455, title XIX, § 1901(a)(42)(A), (B)(i), (C), Oct. 4, 1976, 90 Stat. 1771; Pub. L. 95–600, title VII, § 703(j)(2)(A), (B), Nov. 6, 1978, 92 Stat. 2941; Pub. L. 96–471, § 2(b)(1), Oct. 19, 1980, 94 Stat. 2253; Pub. L. 97–248, title II, § 223(a), Sept. 3, 1982, 96 Stat. 483; Pub. L. 98–369, div. A, title I, § 54(a), title VII, § 712(j), July 18, 1984, 98 Stat. 568, 948; Pub. L. 99–514, title VI, § 631(c), Oct. 22, 1986, 100 Stat. 2272; Pub. L. 100–647, title I, §§ 1006(e)(8)(B), (21)(B), 1018(d)(5)(E), Nov. 10, 1988, 102 Stat. 3401, 3403, 3580.)
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 1 other section
Cited by 7 Code sections
- § 351(f)(2) Transfer to corporation controlled by transferor
- § 355(c)(3) Distribution of stock and securities of a controlled corporation
- § 361(c)(4) Nonrecognition of gain or loss to corporations; treatment of distributions
- § 646(e)(4) Tax treatment of electing Alaska Native Settlement Trusts
- § 852(b)(6) Taxation of regulated investment companies and their shareholders
- § 1248(f)(1)(B) Gain from certain sales or exchanges of stock in certain foreign corporations
- § 2503(d) Taxable gifts
Cited in 27 regulations not issued under it
- § 1.46-1 Determination of amount.
- § 1.56(g)-1 Adjusted current earnings.
- § 1.267(f)-1 Controlled groups.
- § 1.312-3 Liabilities.
- § 1.312-4 Examples of adjustments provided in section 312(c).
- § 1.337(d)-3 Gain recognition upon certain partnership transactions involving a partner's stock.
- § 1.337(d)-7 Tax on property owned by a C corporation that becomes property of a RIC or REIT.
- § 1.355-8 Definition of predecessor and successor and limitations on gain recognition under section 355(e) and section 355(f).
- § 1.358-2 Allocation of basis among nonrecognition property.
- § 1.367(a)-8 Gain recognition agreement requirements.
- § 1.367(d)-1 Transfers of intangible property to foreign corporations.
- § 1.617-4 Treatment of gain from disposition of certain mining property.
- § 1.856-1 Definition of real estate investment trust.
- § 1.921-1T Temporary regulations providing transition rules for DISCs and FSCs.
- § 1.995-4 Gain on disposition of stock in a DISC.
- § 1.1245-1 General rule for treatment of gain from dispositions of certain depreciable property.
- § 1.1245-6 Relation of section 1245 to other sections.
- § 1.1251-1 General rule for treatment of gain from disposition of property used in farming where farm losses offset nonfarm income.
- § 1.1252-1 General rule for treatment of gain from disposition of farm land.
- § 1.1502-13 Intercompany transactions.
- § 1.1502-19 Excess loss accounts.
- § 1.1502-32 Investment adjustments.
- § 1.1502-36 Unified loss rule.
- § 1.1502-76 Taxable year of members of group.
Amendment history
From the source credit and the official notes, newest first.
- Amended by Pub. L. 100–647Parts changed in 1988: (a) (b)(2) (b)(3)
- Amended by Pub. L. 99–514
- Amended by Pub. L. 98–369Parts changed in 1984: (d) (d)(1) (d)(1)(A) (d)(2)(A) (d)(2)(B) (e)(1)(C) (e)(3)
- Amended by Pub. L. 97–248Parts changed in 1982: (d)(2)(A) (d)(2)(B) (d)(2)(C) (d)(2)(G) (e)
- Amended by Pub. L. 96–471Parts changed in 1980: (a)
- Amended by Pub. L. 95–600Parts changed in 1978: (d)(2)(G)
- Amended by Pub. L. 94–455Parts changed in 1976: (d)(1)(B) (d)(2)
- Amended by Pub. L. 94–452
- Enacted by Pub. L. 91–172Parts changed in 1969: (a) (d)
Where it sits in the Code
- Subtitle A Income Taxes
- Chapter 1 NORMAL TAXES AND SURTAXES
- Subchapter C Corporate Distributions and Adjustments
- Part I DISTRIBUTIONS BY CORPORATIONS
- Subpart B Effects on Corporation
Nearby sections
- § 311 Taxability of corporation on distribution
- § 312 Effect on earnings and profits
Official notes
The Law Revision Counsel's notes for this section (amendments, effective dates and related laws) are long, so they have their own page.