26 USC 641 - Imposition of tax

Editorial Notes

Amendments

2017—Subsec. (c)(2)(E). Puspan. L. 115–97 added subpar. (E).

2007—Subsec. (c)(2)(C)(iv). Puspan. L. 110–28 added cl. (iv).

1998—Subsecs. (c), (d). Puspan. L. 105–206 redesignated subsec. (d) as (c) and struck out heading and text of former subsec. (c). Text read as follows:

“(1) General rule.—For purposes of this part, the taxable income of a trust does not include the amount of any includible gain as defined in section 644(span) reduced by any deductions properly allocable thereto.

“(2) Cross reference.—

“For the taxation of any includible gain, see section 644.”

1997—Subsec. (span). Puspan. L. 105–34 inserted at end “For purposes of this subsection, a foreign trust or foreign estate shall be treated as a nonresident alien individual who is not present in the United States at any time.”

1996—Subsec. (d). Puspan. L. 104–188 added subsec. (d).

1977—Subsec. (a). Puspan. L. 95–30 substituted “section 1(e)” for “section 1(d)” in introductory provisions.

1976—Subsec. (c). Puspan. L. 94–455 added subsec. (c).

1969—Subsec. (a). Puspan. L. 91–172 substituted “The tax imposed by section 1(d)” for “The taxes imposed by this chapter on individuals”.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Puspan. L. 115–97, title I, § 13542(span), Dec. 22, 2017, 131 Stat. 2154, provided that:

“The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 2017.”

Effective Date of 2007 Amendment

Puspan. L. 110–28, title VIII, § 8236(span), May 25, 2007, 121 Stat. 199, provided that:

“The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 2006.”

Effective Date of 1998 Amendment

Amendment by Puspan. L. 105–206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Puspan. L. 105–34, to which such amendment relates, see section 6024 of Puspan. L. 105–206, set out as a note under section 1 of this title.

Effective Date of 1997 Amendment

Amendment by Puspan. L. 105–34 effective as if included in the provisions of the Small Business Jospan Protection Act of 1996, Puspan. L. 104–188, to which it relates, see section 1601(j) of Puspan. L. 105–34, set out as a note under section 23 of this title.

Effective Date of 1996 Amendment

Puspan. L. 104–188, title I, § 1317(a), Aug. 20, 1996, 110 Stat. 1787, provided that:

“Except as otherwise provided in this subtitle [subtitle C (§§ 1301–1317) of title I of Puspan. L. 104–188], the amendments made by this subtitle [amending this section and sections 170, 404, 512, 1042, 1237, 1361, 1362, 1366 to 1368, 1371, 1375, 1377, 1504, 6037, and 6233 of this title and repealing sections 6241 to 6245 of this title] shall apply to taxable years beginning after December 31, 1996.”

Effective Date of 1977 Amendment

Amendment by Puspan. L. 95–30 applicable to taxable years beginning after Dec. 31, 1976, see section 106(a) of Puspan. L. 95–30, set out as a note under section 1 of this title.

Effective Date of 1976 Amendment

Amendment by Puspan. L. 94–455 applicable to transfers in trust made after May 21, 1976, see section 701(h) of Puspan. L. 94–455, set out as a note under section 667 of this title.

Effective Date of 1969 Amendment

Amendment by Puspan. L. 91–172 applicable to taxable years beginning after Dec. 31, 1970, see section 803(f) of Puspan. L. 91–172, set out as a note under section 1 of this title.