Internal Revenue Code · 26 U.S.C.
§ 642. Special rules for credits and deductions
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. § 642
At a glance
Read from the text, the source credit and the official notes. Not part of the law.
- Status
- In force
- Enacted
- October 16, 1962 by Pub. L. 87–834
- Last amended
- March 23, 2018 by Pub. L. 115–141
- Amendments
- 19 dated changes in the source credit
- Length
- 9 subsections · 2,251 words · about 10 min to read
- Defines
- 1 term
- Cross-references
- cites 19; cited by 24 Code sections and 85 other regulations
- Regulations
- 27 issued under this section
An estate or trust shall be allowed the credit against tax for taxes imposed by foreign countries and possessions of the United States, to the extent allowed by section 901, only in respect of so much of the taxes described in such section as is not properly allocable under such section to the beneficiaries.
Except as otherwise provided in this paragraph, a trust shall be allowed a deduction of $100.
A trust which, under its governing instrument, is required to distribute all of its income currently shall be allowed a deduction of $300.
In the case of any taxable year in which the exemption amount under section 151(d) is zero, clause (i) shall be applied by substituting “$4,150” for “the exemption amount under section 151(d)”.
In the case of any taxable year beginning in a calendar year after 2018, the $4,150 amount in subparagraph (A) shall be increased in the same manner as provided in section 6334(d)(4)(C).
The deductions allowed by this subsection shall be in lieu of the deductions allowed under section 151 (relating to deduction for personal exemption).
In the case of an estate or trust (other than a trust meeting the specifications of subpart B), there shall be allowed as a deduction in computing its taxable income (in lieu of the deduction allowed by section 170(a), relating to deduction for charitable, etc., contributions and gifts) any amount of the gross income, without limitation, which pursuant to the terms of the governing instrument is, during the taxable year, paid for a purpose specified in section 170(c) (determined without regard to section 170(c)(2)(A)). If a charitable contribution is paid after the close of such taxable year and on or before the last day of the year following the close of such taxable year, then the trustee or administrator may elect to treat such contribution as paid during such taxable year. The election shall be made at such time and in such manner as the Secretary prescribes by regulations.
In the case of a pooled income fund (as defined in paragraph (5)), there shall also be allowed as a deduction in computing its taxable income any amount of the gross income attributable to gain from the sale of a capital asset held for more than 1 year, without limitation, which pursuant to the terms of the governing instrument is, during the taxable year, permanently set aside for a purpose specified in section 170(c).
To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain described in section 1202(a), proper adjustment shall be made for any exclusion allowable to the estate or trust under section 1202. In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).
In the case of a private foundation which is not exempt from taxation under section 501(a) for the taxable year, the provisions of this subsection shall not apply and the provisions of section 170 shall apply.
The benefit of the deduction for net operating losses provided by section 172 shall be allowed to estates and trusts under regulations prescribed by the Secretary.
An estate or trust shall be allowed the deduction for depreciation and depletion only to the extent not allowable to beneficiaries under sections 167(d) and 611(b).
The benefit of the deductions for amortization provided by sections 169 and 197 shall be allowed to estates and trusts in the same manner as in the case of an individual. The allowable deduction shall be apportioned between the income beneficiaries and the fiduciary under regulations prescribed by the Secretary.
Amounts allowable under section 2053 or 2054 as a deduction in computing the taxable estate of a decedent shall not be allowed as a deduction (or as an offset against the sales price of property in determining gain or loss) in computing the taxable income of the estate or of any other person, unless there is filed, within the time and in the manner and form prescribed by the Secretary, a statement that the amounts have not been allowed as deductions under section 2053 or 2054 and a waiver of the right to have such amounts allowed at any time as deductions under section 2053 or 2054. Rules similar to the rules of the preceding sentence shall apply to amounts which may be taken into account under section 2621(a)(2) or 2622(b). This subsection shall not apply with respect to deductions allowed under part II (relating to income in respect of decedents).
(Aug. 16, 1954, ch. 736, 68A Stat. 215; Pub. L. 87–834, § 13(c)(2)(A), Oct. 16, 1962, 76 Stat. 1034; Pub. L. 88–272, title II, § 201(d)(6)(A), (B), Feb. 26, 1964, 78 Stat. 32; Pub. L. 89–621, § 2(a), Oct. 4, 1966, 80 Stat. 872; Pub. L. 91–172, title II, § 201(b), title VII, § 704(b)(2), Dec. 30, 1969, 83 Stat. 558, 669; Pub. L. 92–178, title III, § 303(c)(4), title VII, §§ 701(b), 702(b), Dec. 10, 1971, 85 Stat. 522, 561, 562; Pub. L. 94–455, title XIV, § 1402(b)(1)(J), (2), title XIX, §§ 1901(b)(1)(H)(i), 1906(b)(13)(A), 1951(c)(2)(B), title XX, § 2009(d), title XXI, § 2124(a)(3)(B), Oct. 4, 1976, 90 Stat. 1732, 1791, 1834, 1840, 1896, 1917; Pub. L. 94–528, § 1(a), Oct. 17, 1976, 90 Stat. 2483; Pub. L. 95–30, title I, § 101(d)(9), May 23, 1977, 91 Stat. 134; Pub. L. 95–600, title I, § 113(a)(2)(B), Nov. 6, 1978, 92 Stat. 2778; Pub. L. 97–34, title II, § 212(d)(2)(D), Aug. 13, 1981, 95 Stat. 239; Pub. L. 98–369, div. A, title IV, § 474(r)(17), title X, § 1001(b)(8), (e), July 18, 1984, 98 Stat. 843, 1011, 1012; Pub. L. 99–514, title I, § 112(b)(2), title III, § 301(b)(6), title VI, § 612(b)(3), Oct. 22, 1986, 100 Stat. 2108, 2217, 2250; Pub. L. 101–239, title VII, § 7811(j)(3), Dec. 19, 1989, 103 Stat. 2411; Pub. L. 101–508, title XI, §§ 11801(c)(6)(B), 11812(b)(9), Nov. 5, 1990, 104 Stat. 1388–524, 1388–535; Pub. L. 103–66, title XIII, §§ 13113(d)(2), 13261(f)(2), Aug. 10, 1993, 107 Stat. 429, 539; Pub. L. 104–188, title I, § 1704(t)(8), Aug. 20, 1996, 110 Stat. 1887; Pub. L. 107–134, title I, § 116(a), Jan. 23, 2002, 115 Stat. 2439; Pub. L. 113–295, div. A, title II, § 202(a), Dec. 19, 2014, 128 Stat. 4024; Pub. L. 115–97, title I, § 11041(b), Dec. 22, 2017, 131 Stat. 2082; Pub. L. 115–141, div. U, title IV, § 401(a)(137), Mar. 23, 2018, 132 Stat. 1190.)
Terms defined here
Where the text says “the term … means”. Select a term to jump to its definition.
Regulations under this section
Treasury regulations (26 CFR) issued under § 642
- § 1.642(a)(1)-1 Partially tax-exempt interest.
- § 1.642(a)(2)-1 Foreign taxes.
- § 1.642(a)(3)-1 Dividends received by an estate or trust.
- § 1.642(a)(3)-2 Time of receipt of dividends by beneficiary.
- § 1.642(a)(3)-3 Cross reference.
- § 1.642(b)-1 Deduction for personal exemption.
- § 1.642(c)-0 Effective dates.
- § 1.642(c)-1 Unlimited deduction for amounts paid for a charitable purpose.
- § 1.642(c)-2 Unlimited deduction for amounts permanently set aside for a charitable purpose.
- § 1.642(c)-3 Adjustments and other special rules for determining unlimited charitable contributions deduction.
- § 1.642(c)-4 Nonexempt private foundations.
- § 1.642(c)-5 Definition of pooled income fund.
- § 1.642(c)-6 Valuation of a remainder interest in property transferred to a pooled income fund.
- § 1.642(c)-7 Transitional rules with respect to pooled income funds.
- § 1.642(d)-1 Net operating loss deduction.
- § 1.642(e)-1 Depreciation and depletion.
- § 1.642(f)-1 Amortization deductions.
- § 1.642(g)-1 Disallowance of double deductions; in general.
- § 1.642(g)-2 Deductions included.
- § 1.642(h)-1 Unused loss carryovers on termination of an estate or trust.
- § 1.642(h)-2 Excess deductions on termination of an estate or trust.
- § 1.642(h)-3 Meaning of “beneficiaries succeeding to the property of the estate or trust”.
- § 1.642(h)-4 Allocation.
- § 1.642(h)-5 Examples.
- § 1.642(i)-1 Certain distributions by cemetery perpetual care funds.
- § 1.642(i)-2 Definitions.
- § 1.642(c)-6A Valuation of charitable remainder interests for which the valuation date is before June 1, 2023.
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 19 other sections
- § 901 Taxes of foreign countries and of possessions of United States
- § 151(d) Allowance of deductions for personal exemptions
- § 68(b) Overall limitation on itemized deductions
- § 67(e) 2-percent floor on miscellaneous itemized deductions
- § 6334(d)(4)(C) Property exempt from levy
- § 170(a) Charitable, etc., contributions and gifts
- § 1202(a) Partial exclusion for gain from certain small business stock
- § 681 Limitation on charitable deduction
- § 501(a) Exemption from tax on corporations, certain trusts, etc.
- § 172 Net operating loss deduction
- § 167(d) Depreciation
- § 611(b) Allowance of deduction for depletion
- § 169 Amortization of pollution control facilities
- § 197 Amortization of goodwill and certain other intangibles
- § 2053 Expenses, indebtedness, and taxes
- § 2621(a)(2) Taxable amount in case of taxable distribution
- § 1212 Capital loss carrybacks and carryovers
- § 651 Deduction for trusts distributing current income only
- § 661 Deduction for estates and trusts accumulating income or distributing corpus
Cited by 24 Code sections
- § 1(g)(4)(C) Tax imposed
- § 56(b)(1)(D) Adjustments in computing alternative minimum taxable income
- § 67(b)(4) 2-percent floor on miscellaneous itemized deductions
- § 153(1) Cross references
- § 170(f)(2)(A) Charitable, etc., contributions and gifts
- § 501(p)(4) Exemption from tax on corporations, certain trusts, etc.
- § 507(d)(1)(B) Termination of private foundation status
- § 542(a)(2) Definition of personal holding company
- § 641(c)(2)(E)(i) Imposition of tax
- § 643(a)(2) Definitions applicable to subparts A, B, C, and D
- § 651(a)(2) Deduction for trusts distributing current income only
- § 661(b) Deduction for estates and trusts accumulating income or distributing corpus
- § 662(a)(1) Inclusion of amounts in gross income of beneficiaries of estates and trusts accumulating income or distributing corpus
- § 663(a)(2) Special rules applicable to sections 661 and 662
- § 681(a) Limitation on charitable deduction
- § 683(b) Use of trust as an exchange fund
- § 685(a)(2) Treatment of funeral trusts
- § 901(n)(3) Taxes of foreign countries and of possessions of United States
- § 1291(b)(3)(G) Interest on tax deferral
- § 1298(c) Special rules
- § 2055(e)(2)(A) Transfers for public, charitable, and religious uses
- § 2522(c)(2)(A) Charitable and similar gifts
- § 2652(c)(1)(C)(iii) Other definitions
- § 6034(b)(1) Returns by certain trusts
Cited in 85 regulations not issued under it
- § 1.35-1 Partially tax-exempt interest received by individuals.
- § 1.57-1 Items of tax preference defined.
- § 1.67-4 Costs paid or incurred by estates or non-grantor trusts.
- § 1.154 Statutory provisions; cross references.
- § 1.163(j)-2 Deduction for business interest expense limited.
- § 1.168(j)-1T Questions and answers concerning tax-exempt entity leasing rules (temporary).
- § 1.168A-1 Amortization of emergency facilities; general rule.
- § 1.169-1 Amortization of pollution control facilities.
- § 1.170A-1 Charitable, etc., contributions and gifts; allowance of deduction.
- § 1.170A-4 Reduction in amount of charitable contributions of certain appreciated property.
- § 1.170A-5 Future interests in tangible personal property.
- § 1.170A-6 Charitable contributions in trust.
- § 1.170A-9 Definition of section 170(b)(1)(A) organization.
- § 1.170A-13 Recordkeeping and return requirements for deductions for charitable contributions.
- § 1.170A-15 Substantiation requirements for charitable contribution of a cash, check, or other monetary gift.
- § 1.187-1 Amortization of certain coal mine safety equipment.
- § 1.188-1 Amortization of certain expenditures for qualified on-the-job training and child care facilities.
- § 1.199A-6 Relevant passthrough entities (RPEs), publicly traded partnerships (PTPs), trusts, and estates.
- § 1.212-1 Nontrade or nonbusiness expenses.
- § 1.443-1 Returns for periods of less than 12 months.
- § 1.507-5 Aggregate tax benefit; in general.
- § 1.508-2 Disallowance of certain charitable, etc., deductions.
- § 1.511-1 Imposition and rates of tax.
- § 1.542-3 Stock ownership requirement.
Show 61 more
- § 1.613A-4 Limitations on application of § 1.613A-3 exemption.
- § 1.641(b)-1 Computation and payment of tax; deductions and credits of estates and trusts.
- § 1.641(c)-1 Electing small business trust.
- § 1.643(a)-2 Deduction for personal exemption.
- § 1.643(a)-3 Capital gains and losses.
- § 1.643(a)-5 Tax-exempt interest.
- § 1.643(a)-6 Income of foreign trust.
- § 1.643(a)-7 Dividends.
- § 1.643(b)-1 Definition of income.
- § 1.645-1 Election by certain revocable trusts to be treated as part of estate.
- § 1.651(a)-1 Simple trusts; deduction for distributions; in general.
- § 1.651(a)-3 Distribution of amounts other than income.
- § 1.651(a)-4 Charitable purposes.
- § 1.661(b)-2 Character of amounts distributed when charitable contributions are made.
- § 1.662(a)-2 Currently distributable income.
- § 1.662(b)-2 Character of amounts; when charitable contributions are made.
- § 1.662(c)-4 Illustration of the provisions of sections 661 and 662.
- § 1.663(a)-2 Charitable, etc., distributions.
- § 1.663(c)-1 Separate shares treated as separate trusts or as separate estates; in general.
- § 1.663(c)-5 Examples.
- § 1.664-1 Charitable remainder trusts.
- § 1.665(e)-2 Application of separate share rule.
- § 1.668(b)-2A Special rules applicable to section 668.
- § 1.665(b)-1A Accumulation distributions.
- § 1.665(d)-1A Taxes imposed on the trust.
- § 1.665(g)-2A Application of separate share rule.
- § 1.671-1 Grantors and others treated as substantial owners; scope.
- § 1.681(a)-1 Limitation on charitable contributions deductions of trusts; scope of section 681.
- § 1.681(a)-2 Limitation on charitable contributions deduction of trusts with trade or business income.
- § 1.681(b)-1 Cross reference.
- § 1.873-1 Deductions allowed nonresident alien individuals.
- § 1.901-1 Allowance of credit for foreign income taxes.
- § 1.905-1 When credit for foreign income taxes may be taken.
- § 1.1211-1 Limitation on capital losses.
- § 1.1222-1 Other terms relating to capital gains and losses.
- § 1.1251-3 Definitions relating to section 1251.
- § 1.1411-0 Table of contents of provisions applicable to section 1411.
- § 1.1411-1 General rules.
- § 1.1411-3 Application to estates and trusts.
- § 1.1411-4 Definition of net investment income.
- § 1.1451-2 Exemptions from withholding under section 1451.
- § 1.6033-2 Returns by exempt organizations and returns by certain nonexempt organizations.
- § 1.6034-1 Information returns required of trusts described in section 4947(a)(2) or claiming charitable or other deductions under section 642(c).
- § 1.6071-1 Time for filing returns and other documents.
- § 1.6091-1 Place for filing returns or other documents.
- § 20.2053-1 Deductions for expenses, indebtedness, and taxes; in general.
- § 20.2054-1 Deduction for losses from casualties or theft.
- § 20.2055-2 Transfers not exclusively for charitable purposes.
- § 20.2055-4 Disallowance of charitable, etc., deductions because of “prohibited transactions” in the case of decedents dying before January 1, 1970.
- § 20.2056(b)-7 Election with respect to life estate for surviving spouse.
- § 25.2522(c)-1 Disallowance of charitable, etc., deductions because of “prohibited transactions” in the case of gifts made before January 1, 1970.
- § 25.2522(c)-3 Transfers not exclusively for charitable, etc., purposes in the case of gifts made after July 31, 1969.
- § 25.2523(f)-1 Election with respect to life estate transferred to donee spouse.
- § 25.2702-1 Special valuation rules in the case of transfers of interests in trust.
- § 26.2612-1 Definitions.
- § 53.4942(a)-2 Computation of undistributed income.
- § 53.4947-1 Application of tax.
- § 53.4947-2 Special rules.
- § 53.4968-3 Related organizations.
- § 301.6034-1 Returns by trusts described in section 4947(a)(2) or claiming charitable or other deductions under section 642(c).
- § 301.9100-17T Procedure applicable to certain elections.
Amendment history
From the source credit and the official notes, newest first.
- Amended by Pub. L. 115–141Parts changed in 2018: (c)(1)
- Amended by Pub. L. 115–97Parts changed in 2017: (b)(2)(C)(iii)
- Amended by Pub. L. 113–295Parts changed in 2014: (b)(2)(C)(i)(I)
- Amended by Pub. L. 107–134Parts changed in 2002: (b)
- Amended by Pub. L. 104–188Parts changed in 1996: (g)
- Amended by Pub. L. 103–66Parts changed in 1993: (c)(4) (f)
- Amended by Pub. L. 101–508Parts changed in 1990: (e) (f)
- Amended by Pub. L. 101–239Parts changed in 1989: (g)
- Amended by Pub. L. 99–514Parts changed in 1986: (a) (c)(4) (j)
- Amended by Pub. L. 98–369Parts changed in 1984: (a)(2) (c)(3)
- Amended by Pub. L. 97–34Parts changed in 1981: (f)
- Amended by Pub. L. 95–600Parts changed in 1978: (i)
- Amended by Pub. L. 95–30Parts changed in 1977: (k)
- Amended by Pub. L. 94–528Parts changed in 1976: (a) (c)(1) (c)(3) (c)(5) (f) (g) (h) (j)
- Amended by Pub. L. 94–455
- Amended by Pub. L. 92–178Parts changed in 1971: (a)(3) (f) (i)
- Amended by Pub. L. 91–172Parts changed in 1969: (c) (f)
- Amended by Pub. L. 89–621Parts changed in 1966: (g)
- Amended by Pub. L. 88–272Parts changed in 1964: (a)(3) (i)
- Enacted by Pub. L. 87–834Parts changed in 1962: (e)
Where it sits in the Code
- Subtitle A Income Taxes
- Chapter 1 NORMAL TAXES AND SURTAXES
- Subchapter J Estates, Trusts, Beneficiaries, and Decedents
- Part I ESTATES, TRUSTS, AND BENEFICIARIES
- Subpart A General Rules for Taxation of Estates and Trusts
Nearby sections
Official notes
Show the Law Revision Counsel's notes (amendments, effective dates)
Inflation Adjusted Items for Certain Years
For inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under section 1 of this title.
Editorial Notes
References in Text
Section 68(b)(1)(C), referred to in subsec. (b)(2)(C)(i)(I), which defined applicable amount for an individual who is not married and who is not a surviving spouse or head of household, was omitted in the general amendment of section 68 of this title by Pub. L. 119–21, title VII, § 70111(a), July 4, 2025, 139 Stat. 164. The new subsec. (b) of section 68 of this title does not contain any paragraphs and does not define applicable amount.
Amendments
2018—Subsec. (c)(1). Pub. L. 115–141 substituted “other than” for “other then”.
2017—Subsec. (b)(2)(C)(iii). Pub. L. 115–97 added cl. (iii).
2014—Subsec. (b)(2)(C)(i)(I). Pub. L. 113–295 substituted “section 68(b)(1)(C)” for “section 151(d)(3)(C)(iii)”.
2002—Subsec. (b). Pub. L. 107–134 reenacted heading without change and amended text of subsec. (b) generally. Prior to amendment, text read as follows: “An estate shall be allowed a deduction of $600. A trust which, under its governing instrument, is required to distribute all of its income currently shall be allowed a deduction of $300. All other trusts shall be allowed a deduction of $100. The deductions allowed by this subsection shall be in lieu of the deductions allowed under section 151 (relating to deduction for personal exemption).”
1996—Subsec. (g). Pub. L. 104–188 substituted “under section 2621(a)(2)” for “under 2621(a)(2)”.
1993—Subsec. (c)(4). Pub. L. 103–66, § 13113(d)(2), amended heading and text of par. (4) generally. Prior to amendment, text read as follows: “In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).”
Subsec. (f). Pub. L. 103–66, § 13261(f)(2), substituted “sections 169 and 197” for “section 169”.
1990—Subsec. (e). Pub. L. 101–508, § 11812(b)(9), substituted “167(d)” for “167(h)”.
Subsec. (f). Pub. L. 101–508, § 11801(c)(6)(B), substituted “section 169” for “sections 169, 184, 187, and 188”.
1989—Subsec. (g). Pub. L. 101–239 inserted after first sentence “Rules similar to the rules of the preceding sentence shall apply to amounts which may be taken into account under 2621(a)(2) or 2622(b).”
1986—Subsec. (a). Pub. L. 99–514, § 112(b)(2), amended subsec. (a) generally, substituting “Foreign tax credit allowed” for “Credits against tax” in heading, striking out designation and heading for par. (1), and striking out par. (2) which read as follows: “An estate or trust shall not be allowed the credit against tax for political contributions provided by section 24.”
Subsec. (c)(4). Pub. L. 99–514, § 301(b)(6), in heading, substituted “Coordination with section 681” for “Adjustments”, and in text struck out first sentence which read as follows: “To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 6 months, proper adjustment shall be made for any deduction allowable to the estate or trust under section 1202 (relating to deduction for excess of capital gains over capital losses).”
Subsec. (j). Pub. L. 99–514, § 612(b)(3), struck out subsec. (j) which provided a cross reference to section 116(c)(3).
1984—Subsec. (a)(2). Pub. L. 98–369, § 474(r)(17), substituted “section 24” for “section 41”.
Subsec. (c)(3), (4). Pub. L. 98–369, § 1001(b)(8), (e), substituted “6 months” for “1 year”, applicable to property acquired after June 22, 1984, and before Jan. 1, 1988. See Effective Date of 1984 Amendment note below.
1981—Subsec. (f). Pub. L. 97–34 substituted “and 188” for “188, and 191”.
1978—Subsecs. (i) to (k). Pub. L. 95–600 redesignated subsecs. (j) and (k) as (i) and (j), respectively. Former subsec. (i), which did not allow estates or trusts the deduction for contributions to candidates for public office provided by section 218, was struck out.
1977—Subsec. (k). Pub. L. 95–30 struck out par. (1) which made a cross reference to section 142(b)(4) for disallowance of the standard deduction in the case of estates and trusts and struck out “(2)” at beginning of single remaining cross reference.
1976—Subsec. (a). Pub. L. 94–455, § 1901(b)(1)(H)(i), redesignated former pars. (2) and (3) as (1) and (2), respectively. Former par. (1), relating to the credit against tax for partially tax-exempt interest, was struck out.
Subsec. (c)(1). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (c)(3), (4). Pub. L. 94–455, § 1402(b)(2), provided that “9 months” would be changed to “1 year”.
Subsec. (c)(3), (4). Pub. L. 94–455, § 1402(b)(1)(J), provided that “6 months” would be changed to “9 months” for taxable years beginning in 1977.
Subsecs. (c)(5), (d). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (f). Pub. L. 94–455, §§ 1906(b)(13)(A), 1951(c)(2)(B), 2124(a)(3)(B), substituted “sections 169, 184, 187, 188, and 191” for “sections 168, 169, 184, 187, and 188”, and struck out “or his delegate” after “Secretary”.
Subsec. (g). Pub. L. 94–455, §§ 1906(b)(13)(A), 2009(d), inserted “(or as an offset against the sales price of property in determining gain or loss)” after “shall not be allowed as a deduction”, and struck out “or his delegate” after “Secretary”.
Subsec. (h). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsecs. (j), (k). Pub. L. 94–528 added subsec. (j) and redesignated former subsec. (j) as (k).
1971—Subsec. (a)(3). Pub. L. 92–178, § 701(b), added par. (3).
Subsec. (f). Pub. L. 92–178, § 303(c)(4), inserted reference to section 188.
Subsecs. (i), (j). Pub. L. 92–178, § 702(b), added subsec. (i) and redesignated former subsec. (i) as (j).
1969—Subsec. (c). Pub. L. 91–172, § 201(b), designated existing provisions, with minor changes, as par. (1) and added pars. (2) to (6).
Subsec. (f). Pub. L. 91–172, § 704(b)(2), struck out reference to emergency or grain storage facilities both in heading and in text, and inserted reference to sections 184 and 187 in text.
1966—Subsec. (g). Pub. L. 89–621 inserted “or of any other person” after “shall not be allowed as a deduction in computing the taxable income of the estate”.
1964—Subsec. (a)(3). Pub. L. 88–272, § 201(d)(6)(A), struck out par. (3) which related to dividends received by individuals.
Subsec. (i). Pub. L. 88–272, § 201(d)(6)(B), designated existing provisions as par. (1) and added par. (2).
1962—Subsec. (e). Pub. L. 87–834 substituted a reference to section 167(h) for a reference to section 167(g).
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 11041(f)(1) of Pub. L. 115–97, set out as a note under section 151 of this title.
Effective Date of 2014 Amendment
Amendment by Pub. L. 113–295 effective as if included in the provision of the American Taxpayer Relief Act of 2012, Pub. L. 112–240, to which such amendment relates, see section 202(f) of Pub. L. 113–295, set out as a note under section 55 of this title.
Effective Date of 2002 Amendment
Pub. L. 107–134, title I, § 116(b), Jan. 23, 2002, 115 Stat. 2440, provided that: “The amendment made by this section [amending this section] shall apply to taxable years ending on or after September 11, 2001.”
Effective Date of 1993 Amendment
Amendment by section 13113(d)(2) of Pub. L. 103–66 applicable to stock issued after Aug. 10, 1993, see section 13113(e) of Pub. L. 103–66, set out as a note under section 53 of this title.
Amendment by section 13261(f)(2) of Pub. L. 103–66 applicable, except as otherwise provided, with respect to property acquired after Aug. 10, 1993, see section 13261(g) of Pub. L. 103–66, set out as an Effective Date note under section 197 of this title.
Effective Date of 1990 Amendment
Amendment by section 11812(b)(9) of Pub. L. 101–508 applicable to property placed in service after Nov. 5, 1990, but not applicable to any property to which section 168 of this title does not apply by reason of subsec. (f)(5) of section 168, and not applicable to rehabilitation expenditures described in section 252(f)(5) of Pub. L. 99–514, see section 11812(c) of Pub. L. 101–508, set out as a note under section 42 of this title.
Effective Date of 1989 Amendment
Amendment by Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100–647, to which such amendment relates, see section 7817 of Pub. L. 101–239, set out as a note under section 1 of this title.
Effective Date of 1986 Amendment
Amendment by section 112(b)(2) of Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, see section 151(a) of Pub. L. 99–514, set out as a note under section 1 of this title.
Amendment by section 301(b)(6) of Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, see section 301(c) of Pub. L. 99–514, set out as a note under section 62 of this title.
Amendment by section 612(b)(3) of Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, see section 612(c) of Pub. L. 99–514, set out as a note under section 301 of this title.
Effective Date of 1984 Amendment
Amendment by section 474(r)(17) of Pub. L. 98–369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Pub. L. 98–369, set out as a note under section 21 of this title.
Amendment by section 1001(b)(8) of Pub. L. 98–369 applicable to property acquired after June 22, 1984, and before Jan. 1, 1988, see section 1001(e) of Pub. L. 98–369, set out as a note under section 166 of this title.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–34 applicable to expenditures incurred after Dec. 31, 1981, in taxable years ending after such date, see section 212(e) of Pub. L. 97–34, set out as a note under section 46 of this title.
Effective Date of 1978 Amendment
Pub. L. 95–600, title I, § 113(d), Nov. 6, 1978, 92 Stat. 2778, provided that: “The amendments made by this section [amending this section and section 24 of this title and repealing section 218 of this title] shall apply with respect to contributions the payment of which is made after December 31, 1978, in taxable years beginning after such date.”
Effective Date of 1977 Amendment
Amendment by Pub. L. 95–30 applicable to taxable years beginning after Dec. 31, 1976, see section 106(a) of Pub. L. 95–30, set out as a note under section 1 of this title.
Effective Date of 1976 Amendment
Pub. L. 94–455, title XIV, § 1402(b)(1), Oct. 4, 1976, 90 Stat. 1731, provided that the amendment made by that section is effective with respect to taxable years beginning in 1977.
Pub. L. 94–455, title XIV, § 1402(b)(2), Oct. 4, 1976, 90 Stat. 1732, provided that the amendment made by that section is effective with respect to taxable years beginning after Dec. 31, 1977.
Amendment by section 1901(b)(1)(H)(i) of Pub. L. 94–455 effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94–455, set out as a note under section 2 of this title.
Amendment by section 1951(c)(2)(B) of Pub. L. 94–455 effective for taxable years beginning after Dec. 31, 1976, see section 1952(d) of Pub. L. 94–455, set out as a note under section 72 of this title.
Pub. L. 94–455, title XX, § 2009(e)(4), Oct. 4, 1976, 90 Stat. 1896, provided that: “The amendment made by subsection (d) [amending this section] shall apply to taxable years ending after the date of the enactment of this Act [Oct. 4, 1976].”
Pub. L. 94–455, title XXI, § 2124(a)(4), Oct. 4, 1976, 90 Stat. 1918, provided that: “The amendments made by this subsection [enacting section 191 of this title and amending this section and sections 1082, 1245, and 1250 of this title] shall apply with respect to additions to capital account made after June 14, 1976 and before June 15, 1981.”
Pub. L. 94–528, § 1(b), Oct. 17, 1976, 90 Stat. 2483, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1977, and shall apply to amounts distributed during taxable years ending after December 31, 1963.”
Effective Date of 1971 Amendment
Pub. L. 92–178, title III, § 303(d), Dec. 10, 1971, 85 Stat. 522, provided that: “The amendments made by this section [enacting section 188 of this title and amending this section and sections 57, 1082, 1245, and 1250 of this title] shall apply to taxable years ending after December 31, 1971.”
Pub. L. 92–178, title VII, § 703, Dec. 10, 1971, 85 Stat. 562, provided that: “The amendments made by this title [enacting sections 24 and 218 of this title and amending this section] shall apply to taxable years ending after December 31, 1971, but only with respect to political contributions, payment of which is made after such date.”
Effective Date of 1969 Amendment
Amendment by section 201(b) of Pub. L. 91–172 applicable with respect to amounts paid, permanently set aside, or to be used for a charitable purpose in taxable years beginning after Dec. 31, 1969, except that subsec. (c)(5) applicable to transfers in trust made after July 31, 1969, see section 201(g) of Pub. L. 91–172, set out as a note under section 170 of this title.
Amendment by section 704(b)(2) of Pub. L. 91–172 applicable to taxable years ending after Dec. 31, 1968, see section 704(c) of Pub. L. 91–172, set out as an Effective Date note under section 169 of this title.
Effective Date of 1966 Amendment
Pub. L. 89–621, § 2(b), Oct. 4, 1966, 80 Stat. 873, provided that: “The amendment made by subsection (a) [amending this section] shall apply to taxable years ending after the date of the enactment of this Act [Oct. 4, 1966], but only with respect to amounts paid or incurred, and losses sustained, after such date.”
Effective Date of 1964 Amendment
Amendment by Pub. L. 88–272 applicable to dividends received after December 31, 1964, in taxable years ending after such date, see section 201(e) of Pub. L. 88–272, set out as a note under section 22 of this title.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87–834 applicable to taxable years beginning after Dec. 31, 1961, and ending after Oct. 16, 1962, see section 13(g) of Pub. L. 87–834, set out as an Effective Date note under section 1245 of this title.
Savings Provision
For provisions that nothing in amendment by Pub. L. 101–508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of Pub. L. 101–508, set out as a note under section 45K of this title.