Internal Revenue Code · 26 U.S.C.
§ 643. Definitions applicable to subparts A, B, C, and D
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. § 643
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 18, 2010 by Pub. L. 111–147
- Amendments
- 13 dated changes in the source credit
- Length
- 9 subsections · 2,065 words · about 9 min to read
- Defines
- 4 terms
- Cross-references
- cites 12; cited by 6 Code sections and 46 other regulations
- Regulations
- 16 issued under this section
No deduction shall be taken under sections 651 and 661 (relating to additional deductions).
No deduction shall be taken under section 642(b) (relating to deduction for personal exemptions).
Gains from the sale or exchange of capital assets shall be excluded to the extent that such gains are allocated to corpus and are not (A) paid, credited, or required to be distributed to any beneficiary during the taxable year, or (B) paid, permanently set aside, or to be used for the purposes specified in section 642(c). Losses from the sale or exchange of capital assets shall be excluded, except to the extent such losses are taken into account in determining the amount of gains from the sale or exchange of capital assets which are paid, credited, or required to be distributed to any beneficiary during the taxable year. The exclusion under section 1202 shall not be taken into account.
For purposes only of subpart B (relating to trusts which distribute current income only), there shall be excluded those items of gross income constituting extraordinary dividends or taxable stock dividends which the fiduciary, acting in good faith, does not pay or credit to any beneficiary by reason of his determination that such dividends are allocable to corpus under the terms of the governing instrument and applicable local law.
There shall be included any tax-exempt interest to which section 103 applies, reduced by any amounts which would be deductible in respect of disbursements allocable to such interest but for the provisions of section 265 (relating to disallowance of certain deductions).
The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this part, including regulations to prevent avoidance of such purposes.
For purposes of this subpart and subparts B, C, and D, the term “income”, when not preceded by the words “taxable”, “distributable net”, “undistributed net”, or “gross”, means the amount of income of the estate or trust for the taxable year determined under the terms of the governing instrument and applicable local law. Items of gross income constituting extraordinary dividends or taxable stock dividends which the fiduciary, acting in good faith, determines to be allocable to corpus under the terms of the governing instrument and applicable local law shall not be considered income.
Any election under this paragraph shall apply to all distributions made by the estate or trust during a taxable year and shall be made on the return of such estate or trust for such taxable year.
This subsection shall not apply to any distribution described in section 663(a).
An election under paragraph (1) shall be made on or before the 65th day after the close of the taxable year of the trust and in such manner as the Secretary may prescribe.
For purposes of this part, any amount paid to a United States person which is derived directly or indirectly from a foreign trust of which the payor is not the grantor shall be deemed in the year of payment to have been directly paid by the foreign trust to such United States person.
A person is related to another person if the relationship between such persons would result in a disallowance of losses under section 267 or 707(b). In applying section 267 for purposes of the preceding sentence, section 267(c)(4) shall be applied as if the family of an individual includes the spouses of the members of the family.
If any person described in paragraph (1)(B) is related to more than one person, the grantor or beneficiary to whom the treatment under this subsection applies shall be determined under regulations prescribed by the Secretary.
The term “United States person” does not include any entity exempt from tax under this chapter.
Any trust which is treated under this subsection as making a distribution shall be treated as not described in section 651.
In the case of the use of any trust property other than a loan of cash or marketable securities, paragraph (1) shall not apply to the extent that the trust is paid the fair market value of such use within a reasonable period of time of such use.
If any loan (or use of property) is taken into account under paragraph (1), any subsequent transaction between the trust and the original borrower regarding the principal of the loan (by way of complete or partial repayment, satisfaction, cancellation, discharge, or otherwise) or the return of such property shall be disregarded for purposes of this title.
(Aug. 16, 1954, ch. 736, 68A Stat. 217; Pub. L. 87–834, § 7(a), Oct. 16, 1962, 76 Stat. 985; Pub. L. 94–455, title X, § 1013(c), (e)(2), Oct. 4, 1976, 90 Stat. 1615, 1616; Pub. L. 96–223, title IV, § 404(b)(4), Apr. 2, 1980, 94 Stat. 306; Pub. L. 97–34, title III, § 301(b)(4), (6)(B), Aug. 13, 1981, 95 Stat. 270; Pub. L. 97–248, title III, §§ 302(b)(1), 308(a), Sept. 3, 1982, 96 Stat. 586, 591; Pub. L. 97–448, title I, § 103(a)(3), Jan. 12, 1983, 96 Stat. 2375; Pub. L. 98–67, title I, § 102(a), Aug. 5, 1983, 97 Stat. 369; Pub. L. 98–369, div. A, title I, §§ 81(a), 82(a), title VII, § 722(h)(3), July 18, 1984, 98 Stat. 597, 598, 975; Pub. L. 99–514, title III, § 301(b)(7), title VI, § 612(b)(4), title XIV, § 1404(b), title XVIII, § 1806(a), (c), Oct. 22, 1986, 100 Stat. 2217, 2250, 2713, 2810, 2811; Pub. L. 100–647, title I, § 1014(d)(3), (4), Nov. 10, 1988, 102 Stat. 3561; Pub. L. 101–239, title VII, § 7811(b), (f)(1), Dec. 19, 1989, 103 Stat. 2406, 2409; Pub. L. 103–66, title XIII, § 13113(d)(3), Aug. 10, 1993, 107 Stat. 430; Pub. L. 104–188, title I, §§ 1904(c)(1), 1906(b), (c)(1), Aug. 20, 1996, 110 Stat. 1912, 1915; Pub. L. 111–147, title V, § 533(a), (b), (d), Mar. 18, 2010, 124 Stat. 114.)
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 § 643
- § 1.643(a)-0 Distributable net income; deduction for distributions; in general.
- § 1.643(a)-1 Deduction for distributions.
- § 1.643(a)-2 Deduction for personal exemption.
- § 1.643(a)-3 Capital gains and losses.
- § 1.643(a)-4 Extraordinary dividends and taxable stock dividends.
- § 1.643(a)-5 Tax-exempt interest.
- § 1.643(a)-6 Income of foreign trust.
- § 1.643(a)-7 Dividends.
- § 1.643(a)-8 Certain distributions by charitable remainder trusts.
- § 1.643(b)-1 Definition of income.
- § 1.643(b)-2 Dividends allocated to corpus.
- § 1.643(c)-1 Definition of “beneficiary”.
- § 1.643(d)-1 Definition of “foreign trust created by a United States person”.
- § 1.643(d)-2 Illustration of the provisions of section 643.
- § 1.643(f)-1 Treatment of multiple trusts.
- § 1.643(h)-1 Distributions by certain foreign trusts through intermediaries.
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 12 other sections
- § 651 Deduction for trusts distributing current income only
- § 661 Deduction for estates and trusts accumulating income or distributing corpus
- § 642(b) Special rules for credits and deductions
- § 1202 Partial exclusion for gain from certain small business stock
- § 103 Interest on State and local bonds
- § 265 Expenses and interest relating to tax-exempt income
- § 894 Income affected by treaty
- § 3406 Backup withholding
- § 31(c) Tax withheld on wages
- § 662(a)(2) Inclusion of amounts in gross income of beneficiaries of estates and trusts accumulating income or distributing corpus
- § 663(a) Special rules applicable to sections 661 and 662
- § 267 Losses, expenses, and interest with respect to transactions between related taxpayers
Cited by 6 Code sections
- § 646(e)(4) Tax treatment of electing Alaska Native Settlement Trusts
- § 665(c)(2)(B) Definitions applicable to subpart D
- § 679(a)(3)(C)(iii) Foreign trusts having one or more United States beneficiaries
- § 1361(d)(3)(B) S corporation defined
- § 2056A(c)(2) Qualified domestic trust
- § 6166(g)(2)(B) Extension of time for payment of estate tax where estate consists largely of interest in closely held business
Cited in 46 regulations not issued under it
- § 1.199A-6 Relevant passthrough entities (RPEs), publicly traded partnerships (PTPs), trusts, and estates.
- § 1.642(c)-5 Definition of pooled income fund.
- § 1.645-1 Election by certain revocable trusts to be treated as part of estate.
- § 1.651(a)-2 Income required to be distributed currently.
- § 1.651(b)-1 Deduction for distributions to beneficiaries.
- § 1.652(a)-2 Distributions in excess of distributable net income.
- § 1.652(b)-2 Allocation of income items.
- § 1.652(b)-3 Allocation of deductions.
- § 1.652(c)-4 Illustration of the provisions of sections 651 and 652.
- § 1.661(a)-2 Deduction for distributions to beneficiaries.
- § 1.661(c)-2 Illustration of the provisions of section 661.
- § 1.662(a)-2 Currently distributable income.
- § 1.662(a)-3 Other amounts distributed.
- § 1.662(c)-4 Illustration of the provisions of sections 661 and 662.
- § 1.663(c)-2 Rules of administration.
- § 1.664-1 Charitable remainder trusts.
- § 1.664-3 Charitable remainder unitrust.
- § 1.665(a)-1 Undistributed net income.
- § 1.665(b)-1 Accumulation distributions of trusts other than certain foreign trusts; in general.
- § 1.665(c)-1 Accumulation distributions of certain foreign trusts; in general.
- § 1.665(d)-1 Taxes imposed on the trust.
- § 1.665(e)-1 Preceding taxable year.
- § 1.665(e)-2 Application of separate share rule.
- § 1.668(a)-3 Excluded amounts.
Show 22 more
- § 1.668(b)-2 Illustration of the provisions of subpart D.
- § 1.665(a)-0A Excess distributions by trusts; scope of subpart D.
- § 1.665(a)-1A Undistributed net income.
- § 1.665(b)-1A Accumulation distributions.
- § 1.665(d)-1A Taxes imposed on the trust.
- § 1.665(e)-1A Preceding taxable year.
- § 1.665(g)-2A Application of separate share rule.
- § 1.672(f)-4 Recharacterization of purported gifts.
- § 1.679-1 U.S. transferor treated as owner of foreign trust.
- § 1.679-3 Transfers.
- § 1.681(a)-1 Limitation on charitable contributions deductions of trusts; scope of section 681.
- § 1.691(c)-2 Estates and trusts.
- § 1.894-1 Income affected by treaty.
- § 1.897-1 Taxation of foreign investment in United States real property interests, definition of terms.
- § 1.6034-1 Information returns required of trusts described in section 4947(a)(2) or claiming charitable or other deductions under section 642(c).
- § 1.6035-1 Basis information to persons acquiring property from decedent.
- § 20.2056A-5 Imposition of section 2056A estate tax.
- § 20.6166A-3 Acceleration of payment.
- § 28.2801-5 Foreign trusts.
- § 53.4942(a)-2 Computation of undistributed income.
- § 301.9100-6T Time and manner of making certain elections under the Deficit Reduction Act of 1984.
- § 301.9100-8 Time and manner of making certain elections under the Technical and Miscellaneous Revenue Act of 1988.
Amendment history
From the source credit and the official notes, newest first.
- Amended by Pub. L. 111–147Parts changed in 2010: (i)(1) (i)(2)(E) (i)(3)
- Amended by Pub. L. 104–188Parts changed in 1996: (a)(7) (h) (i)
- Amended by Pub. L. 103–66Parts changed in 1993: (a)(3)
- Amended by Pub. L. 101–239Parts changed in 1989: (a)(6)(A) (a)(6)(C) (a)(6)(D)
- Amended by Pub. L. 100–647Parts changed in 1988: (g)(1) (g)(2) (g)(3)
- Amended by Pub. L. 99–514Parts changed in 1986: (a)(3) (a)(7) (d) (e) (f) (g)
- Amended by Pub. L. 98–369Parts changed in 1984: (d) (e)
- Amended by Pub. L. 98–67Parts changed in 1983: (a)(7) (d)
- Amended by Pub. L. 97–448
- Amended by Pub. L. 97–248Parts changed in 1982: (d)
- Amended by Pub. L. 97–34Parts changed in 1981: (a)(7)
- Amended by Pub. L. 96–223Parts changed in 1980: (a)(7)
- Amended by Pub. L. 94–455Parts changed in 1976: (a)(6)(C) (a)(6)(D) (d)
- Enacted by Pub. L. 87–834Parts changed in 1962: (a)(6) (d)
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
- § 641 Imposition of tax
- § 642 Special rules for credits and deductions
- § 643 Definitions applicable to subparts A, B, C, and D
- § 644 Taxable year of trusts
- § 645 Certain revocable trusts treated as part of estate
- § 646 Tax treatment of electing Alaska Native Settlement Trusts
Official notes
Show the Law Revision Counsel's notes (amendments, effective dates)
Editorial Notes
Amendments
2010—Subsec. (i)(1). Pub. L. 111–147, § 533(a), substituted “(or permits the use of any other trust property) directly or indirectly to or by” for “directly or indirectly to” in introductory provisions and inserted “(or the fair market value of the use of such property)” after “the amount of such loan” in concluding provisions.
Subsec. (i)(2)(E). Pub. L. 111–147, § 533(b), added subpar. (E).
Subsec. (i)(3). Pub. L. 111–147, § 533(d), struck out “regarding loan principal” after “transactions” in heading and inserted “(or use of property)” after “If any loan” and “or the return of such property” after “otherwise)”.
1996—Subsec. (a)(7). Pub. L. 104–188, § 1906(b), added par. (7).
Subsec. (h). Pub. L. 104–188, § 1904(c)(1), added subsec. (h).
Subsec. (i). Pub. L. 104–188, § 1906(c)(1), added subsec. (i).
1993—Subsec. (a)(3). Pub. L. 103–66 inserted at end “The exclusion under section 1202 shall not be taken into account.”
1989—Subsec. (a)(6)(A). Pub. L. 101–239, § 7811(f)(1), substituted “section 265(a)(1)” for “section 265(1)”.
Subsec. (a)(6)(C). Pub. L. 101–239, § 7811(b)(1), struck out “(i)” after “such a trust,” and “, and (ii) the deduction under section 1202 (relating to deduction for excess of capital gains over capital losses) shall not be taken into account” before period at end.
Subsec. (a)(6)(D). Pub. L. 101–239, § 7811(b)(2), struck out subpar. (D) which read as follows: “Effective for distributions made in taxable years beginning after December 31, 1975, the undistributed net income of each foreign trust for each taxable year beginning on or before December 31, 1975, remaining undistributed at the close of the last taxable year beginning on or before December 31, 1975, shall be redetermined by taking into account the deduction allowed by section 1202.”
1988—Subsec. (g)(1). Pub. L. 100–647, § 1014(d)(3)(A), struck out at end “The preceding sentence shall apply only to the extent the payments of estimated tax made by the trust for the taxable year exceed the tax imposed by this chapter shown on its return for the taxable year.”
Subsec. (g)(2). Pub. L. 100–647, § 1014(d)(3)(B), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “An election under paragraph (1) may be made—
“(A) only on the trust’s return of the tax imposed by this chapter for the taxable year, and
“(B) only if such return is filed on or before the 65th day after the close of the taxable year.”
Subsec. (g)(3). Pub. L. 100–647, § 1014(d)(4), added par. (3).
1986—Subsec. (a)(3). Pub. L. 99–514, § 301(b)(7), struck out “The deduction under section 1202 (relating to deduction for excess of capital gains over capital losses) shall not be taken into account.”
Subsec. (a)(7). Pub. L. 99–514, § 612(b)(4), struck out par. (7), dividends or interest, which read as follows: “There shall be included the amount of any dividends or interest excluded from gross income pursuant to section 116 (relating to partial exclusion of dividends) or section 128 (relating to certain interest).”
Subsec. (d). Pub. L. 99–514, § 1806(c)(1), redesignated subsec. (d), relating to treatment of property distributed in kind, as (e). Former subsec. (e) redesignated (f).
Subsec. (e). Pub. L. 99–514, § 1806(a), (c)(1), redesignated subsec. (d) relating to treatment of property distributed in kind as (e) and amended par. (3)(B) generally, substituting “shall apply to all distributions made by the estate or trust during a taxable year and shall be made on the return of such estate or trust for such taxable year” for “shall be made by the estate or trust on its return for the taxable year for which the distribution was made”. Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 99–514, § 1806(c)(2), redesignated subsec. (e) as (f).
Subsec. (g). Pub. L. 99–514, § 1404(b), added subsec. (g).
1984—Subsec. (d). Pub. L. 98–369, § 81(a), added subsec. (d) relating to treatment of property distributed in kind.
Pub. L. 98–369, § 722(h)(3), added subsec. (d) relating to coordination with back-up withholding.
Subsec. (e). Pub. L. 98–369, § 82(a), added subsec. (e).
1983—Subsec. (a)(7). Pub. L. 97–448 substituted “section 116 (relating to partial exclusion of dividends) or section 128 (relating to certain interest)” for “section 116 (relating to partial exclusion of dividends or interest received) or section 128 (relating to interest on certain savings certificates)”.
Subsec. (d). Pub. L. 98–67 repealed amendments made by Pub. L. 97–248. See 1982 Amendment note below.
1982—Subsec. (d). Pub. L. 97–248 provided that, applicable to payments of interest, dividends, and patronage dividends paid or credited after June 30, 1983, this section is amended by adding subsec. (d) relating to coordination with withholding on interest and dividends. Section 102(a), (b) of Pub. L. 98–67, title I, Aug. 5, 1983, 97 Stat. 369, repealed subtitle A (§§ 301–308) of title III of Pub. L. 97–248 as of the close of June 30, 1983, and provided that the Internal Revenue Code of 1954 (this title) shall be applied and administered (subject to certain exceptions) as if such subtitle A (and the amendments made by such subtitle A) had not been enacted.
1981—Subsec. (a)(7). Pub. L. 97–34, § 301(b)(6)(A), inserted reference to “interest” in heading and text, which continued the amendment made by Pub. L. 96–223.
Pub. L. 97–34, § 301(b)(4), inserted “or section 128 (relating to interest on certain savings certificates)” after “received)”.
1980—Subsec. (a)(7). Pub. L. 96–223 inserted “or interest” after “dividends” in heading and text.
1976—Subsec. (a)(6)(C). Pub. L. 94–455, § 1013(c)(1), struck out “created by a United States person” after “foreign trust”.
Subsec. (a)(6)(D). Pub. L. 94–455, § 1013(c)(2), added subpar. (D).
Subsec. (d). Pub. L. 94–455, § 1013(e)(2), struck out subsec. (a) which defined a foreign trust created by a United States person.
1962—Subsec. (a)(6). Pub. L. 87–834, § 7(a)(1), substituted “Income of foreign trust” for “Foreign income” in heading, designated existing provisions as subpar. (A), and added subpars. (B) and (C).
Subsec. (d). Pub. L. 87–834, § 7(a)(2), added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Pub. L. 111–147, title V, § 533(e), Mar. 18, 2010, 124 Stat. 114, provided that: “The amendments made by this section [amending this section and section 679 of this title] shall apply to loans made, and uses of property, after the date of the enactment of this Act [Mar. 18, 2010].”
Effective Date of 1996 Amendment
Pub. L. 104–188, title I, § 1904(d), Aug. 20, 1996, 110 Stat. 1912, provided that:
“(1) In general.— Except as provided by paragraph (2), the amendments made by this section [amending this section and sections 665, 672, and 901 of this title] shall take effect on the date of the enactment of this Act [Aug. 20, 1996].“(2) Exception for certain trusts.— The amendments made by this section shall not apply to any trust—“(A) which is treated as owned by the grantor under section 676 or 677 (other than subsection (a)(3) thereof) of the Internal Revenue Code of 1986, and“(B) which is in existence on September 19, 1995.The preceding sentence shall not apply to the portion of any such trust attributable to any transfer to such trust after September 19, 1995.”
Pub. L. 104–188, title I, § 1906(d)(2), (3), Aug. 20, 1996, 110 Stat. 1916, provided that:
“(2) Abusive transactions.— The amendment made by subsection (b) [amending this section] shall take effect on the date of the enactment of this Act [Aug. 20, 1996].“(3) Loans from trusts.— The amendment made by subsection (c) [amending this section and section 7872 of this title] shall apply to loans of cash or marketable securities made after September 19, 1995.”
Effective Date of 1993 Amendment
Amendment by 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.
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 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 of 1986 Amendment
Amendment by section 301(b)(7) 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)(4) 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.
Pub. L. 99–514, title XIV, § 1404(d), Oct. 22, 1986, 100 Stat. 2714, provided that: “The amendments made by this section [amending this section and sections 6215, 6601, and 6654 of this title and repealing section 6152 of this title] shall apply to taxable years beginning after December 31, 1986.”
Amendment by section 1806(a), (c) of Pub. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98–369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99–514, set out as a note under section 48 of this title.
Effective Date of 1984 Amendment
Pub. L. 98–369, div. A, title I, § 81(b), July 18, 1984, 98 Stat. 598, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
“(1) In general.— The amendment made by subsection (a) [amending this section] shall apply to distributions after June 1, 1984, in taxable years ending after such date.“(2) Time for making election.— In the case of any distribution before the date of the enactment of this Act [July 18, 1984]—“(A) the time for making an election under section 643(d)(3) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as added by this section) shall not expire before January 1, 1985, and“(B) the requirement that such election be made on the return of the estate or trust shall not apply.”
Pub. L. 98–369, div. A, title I, § 82(b), July 18, 1984, 98 Stat. 598, as amended by Pub. L. 99–514, title XVIII, § 1806(b), Oct. 22, 1986, 100 Stat. 2811, provided that: “The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after March 1, 1984; except that, in the case of a trust which was irrevocable on March 1, 1984, such amendment shall so apply only to that portion of the trust which is attributable to contributions to corpus after March 1, 1984.”
Pub. L. 98–369, div. A, title VII, § 722(h)(5), July 18, 1984, 98 Stat. 976, provided that:
“(A) Except as provided in this paragraph, the amendments made by this subsection [amending this section and sections 3405, 3406, and 6041 of this title] shall apply as if included in the amendments made by the Interest and Dividend Tax Compliance Act of 1983 [Pub. L. 98–67].“(B) The amendments made by paragraph (4) [amending sections 3405 and 6041 of this title] shall apply to payments or distributions after December 31, 1984, unless the payor elects to have such amendments apply to payments or distributions before January 1, 1985.”
Effective Date of 1983 Amendment
Amendment by Pub. L. 97–448 effective, except as otherwise provided, as if it had been included in the provision of the Economic Recovery Tax Act of 1981, Pub. L. 97–34, to which such amendment relates, see section 109 of Pub. L. 97–448, set out as a note under section 1 of this title.
Effective Date of 1981 Amendment
Amendment by section 301(b)(4) of Pub. L. 97–34 applicable to taxable years ending after Sept. 30, 1981, and amendment by section 301(b)(6)(A) of Pub. L. 97–34 applicable to taxable years beginning after Dec. 31, 1981, see section 301(d) of Pub. L. 97–34, set out as a note under section 265 of this title.
Effective and Termination Dates of 1980 Amendment
Amendment by Pub. L. 96–223 applicable with respect to taxable years beginning after Dec. 31, 1980, and before Jan. 1, 1982, see section 404(c) of Pub. L. 96–223, set out as a note under section 265 of this title.
Effective Date of 1976 Amendment
For effective date of amendment by section 1013(e)(2) of Pub. L. 94–455, see section 1013(f)(1) of Pub. L. 94–455, set out as an Effective Date note under section 679 of this title.
Pub. L. 94–455, title X, § 1013(f)(2), Oct. 4, 1976, 90 Stat. 1617, provided that: “The amendments made by subsection (c) [amending this section] shall apply to taxable years beginning after December 31, 1975.”
Effective Date of 1962 Amendment
Pub. L. 87–834, § 7(j), Oct. 16, 1962, 76 Stat. 989, provided that: “The amendments made by this section [amending this section and sections 665, 666, and 668 of this title and enacting section 669 of this title] (other than by subsections (f), (g) and (h) [enacting sections 6048 and 6677 of this title and amending section 7701 of this title]), shall apply with respect to distributions made after December 31, 1962.”
Treatment as Single Trust
Pub. L. 100–647, title X, § 1018(e), Nov. 10, 1988, 102 Stat. 3581, provided that:
“If—“(1) on a return for the 1st taxable year of the trusts involved beginning after March 1, 1984, 2 or more trusts were treated as a single trust for purposes of the tax imposed by chapter 1 of the Internal Revenue Code of 1954 [now 1986],“(2) such trusts would have been required to be so treated but for the amendment made by section 1806(b) of the Reform Act [Pub. L. 99–514, which amended provisions set out as an Effective Date of 1984 Amendment note above], and“(3) such trusts did not accumulate any income during such taxable year and did not make any accumulation distributions during such taxable year,then, notwithstanding the amendment made by section 1806(b) of the Reform Act, such trusts shall be treated as one trust for purposes of such taxable year.”
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of this title.