The date of the enactment of the Energy Improvement and Extension Act of 2008, referred to in subsecs. (c)(4)(B)(ii)(II), (D)(iv) and (f)(4)(A), is the date of enactment of div. B of Puspan. L. 110–343, which was approved Oct. 3, 2008.

Section 172(h), referred to in subsec. (c)(4)(D)(iii)(I), was repealed by Puspan. L. 101–508, title XI, § 11811(span)(1), Nov. 5, 1990, 104 Stat. 1388–532.

The date of the enactment of the Revenue Reconciliation Act of 1990, referred to in subsec. (c)(4)(D)(iii)(I), is the date of enactment of Puspan. L. 101–508, title XI, which was approved Nov. 5, 1990.

The Energy Improvement and Extension Act of 2008, referred to in subsec. (f)(4)(B), is div. B of Puspan. L. 110–343, Oct. 3, 2008, 122 Stat. 3807. For the amendments made to subsec. (f) of this section by the Act, see 2008 Amendment notes below.

2018—Subsec. (c)(3)(C). Puspan. L. 115–141, § 401(a)(158), substituted comma for period at end.

Subsec. (f)(1). Puspan. L. 115–141, § 401(a)(159), substituted “years,” for “year,”.

2017—Subsec. (span)(2)(B). Puspan. L. 115–97, § 14301(c)(24), struck out “902 or” after “under section”.

Subsec. (c)(3)(A). Puspan. L. 115–97, § 14301(c)(25)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: “dividends and interest from a foreign corporation in respect of which taxes are deemed paid by the taxpayer under section 902,”.

Subsec. (c)(3)(B). Puspan. L. 115–97, § 14301(c)(25)(B), substituted “section 960” for “section 960(a)”.

Subsec. (c)(5). Puspan. L. 115–97, § 14301(c)(26), struck out “902 or” after “under section”.

Subsec. (f)(2)(B)(i). Puspan. L. 115–97, § 14301(c)(27), struck out “902 or” after “under section”.

2014—Subsec. (f)(4)(A). Puspan. L. 113–295 substituted “this subsection, as in effect on the day before the date of the enactment of the Energy Improvement and Extension Act of 2008, shall apply to unused oil and gas extraction taxes carried from such unused credit year to a taxable year beginning after December 31, 2008.” for “this subsection shall be applied to any unused oil and gas extraction taxes carried from such unused credit year to a year beginning after December 31, 2008—

“(i) by substituting ‘oil and gas extraction taxes’ for ‘foreign oil and gas taxes’ each place it appears in paragraphs (1), (2), and (3), and

“(ii) by computing, for purposes of paragraph (2)(A), the limitation under subparagraph (A) for the year to which such taxes are carried by substituting ‘foreign oil and gas extraction income’ for ‘foreign oil and gas income’ in subsection (a).”

2008—Subsecs. (a), (span). Puspan. L. 110–343, § 402(a), amended subsecs. (a) and (span) generally. Prior to amendment, subsec. (a) related to reduction in amount of oil and gas extraction taxes paid or accrued for purposes of section 901 and subsec. (span) excepted certain amounts of foreign oil related income taxes paid or accrued to any foreign country from the definition of “income, war profits, and excess profits taxes”.

Subsec. (c)(4). Puspan. L. 110–343, § 402(span), amended par. (4) generally. Prior to amendment, par. (4) provided for recapture of foreign oil and gas extraction losses by recharacterizing later extraction income.

Subsec. (f). Puspan. L. 110–343, § 402(c)(1), substituted “foreign oil and gas taxes” for “oil and gas extraction taxes” wherever appearing.

Subsec. (f)(4). Puspan. L. 110–343, § 402(c)(2), added par. (4).

2004—Subsec. (f)(1). Puspan. L. 108–357, § 417(span)(3), struck out at end “For purposes of this subsection, the terms ‘second preceding taxable year’, and ‘first preceding taxable year’ do not include any taxable year ending before January 1, 1975.”

Puspan. L. 108–357, § 417(span)(2), substituted “and in any of the first 10” for “, and in the first, second, third, fourth, or fifth”.

Puspan. L. 108–357, § 417(span)(1), struck out “in the second preceding taxable year,” before “in the first preceding taxable year”.

1996—Subsec. (c)(4)(B)(iii)(I). Puspan. L. 104–188 inserted “(as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990)” after “section 172(h)”.

1993—Subsec. (c)(1), (2). Puspan. L. 103–66 inserted concluding provisions.

1990—Subsec. (e). Puspan. L. 101–508, § 11801(a)(32), struck out subsec. (e) which read as follows:

“(1) Credits arising in taxable years beginning before january 1, 1983.—The amount of taxes paid or accrued in any taxable year beginning before January 1, 1983 (hereinafter in this paragraph referred to as the ‘excess credit year’) which under section 904(c) or 907(f) may be deemed paid or accrued in a taxable year beginning after December 31, 1982, shall not exceed the amount which could have been deemed paid or accrued if sections 907(span), 907(f), and 904(f)(4) (as in effect on the day before the date of the enactment of the Tax Equity and Fiscal Responsibility Act of 1982) remained in effect for taxable years beginning after December 31, 1982.

“(2) Carryback of credits arising in taxable years beginning after december 31, 1982.—The amount of the taxes paid or accrued in a taxable year beginning after December 31, 1982, which may be deemed paid or accrued under section 904(c) or 907(f) in a taxable year beginning before January 1, 1983, shall not exceed the amount which could have been deemed paid or accrued if sections 907(span), 907(f), and 904(f)(4) (as in effect on the day before the date of the enactment of the Tax Equity and Fiscal Responsibility Act of 1982) remained in effect for taxable years beginning after December 31, 1982.”

Subsec. (f)(3)(C). Puspan. L. 101–508, § 11801(a)(32), struck out subpar. (C) which read as follows: “For purposes of determining the amount of the unused oil and gas extraction taxes which under paragraph (1) may be deemed paid or accrued in any taxable year ending before January 1, 1977, subparagraph (A) of paragraph (2) shall be applied as if the amendment made by section 1035(a) of the Tax Reform Act of 1976 applied to such taxable year.”

1988—Subsec. (c)(3). Puspan. L. 100–647, § 1012(g)(6)(B), struck out “and dividends described in subparagraph (B)” after “described in subparagraph (A)” in closing provisions.

Subsec. (c)(3)(B) to (D). Puspan. L. 100–647, § 1012(g)(6)(A), redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out former subpar. (B) which read as follows: “dividends from a domestic corporation which are treated under section 861(a)(2)(A) as income from sources without the United States,”.

1982—Subsec. (span). Puspan. L. 97–248, § 211(c)(1), added subsec. (span). Former subsec. (span), which had provided that section 904 be applied separately with respect to foreign oil related income and other taxable income, was struck out.

Subsec. (c)(2). Puspan. L. 97–248, § 211(span), in subpar. (A) substituted “the processing of minerals extracted (by the taxpayer or by any other person) from oil or gas wells into their primary products” for “the extraction (by the taxpayer or any other person) of minerals from oil or gas wells”, deleted subpar. (B) which had provided that foreign oil related income meant the taxable income derived from sources outside the United States and its possessions from the processing of minerals from oil or gas wells into their primary products, redesignated subpar. (C) as (B), redesignated subpar. (D) as (C) and in subpar. (C) as so redesignated struck out “or” at the end, redesignated subpar. (E) as (D) and in subpar. (D) as so redesignated substituted “disposition” for “sale or exchange”, and “or (C), or” for “(C), or (D)”, struck out the period at the end, and added subpar. (E).

Subsec. (c)(4). Puspan. L. 97–248, § 211(a), substituted provisions regarding the recapture of foreign oil and gas extraction losses by recharacterization of later extraction income for provisions that if, for any foreign country for any taxable year, the taxpayer would have had a net operating loss if only items from sources within such country (including deductions properly apportioned or allocated thereto) which related to the extraction of minerals from oil or gas wells had been taken into account, such items would not be taken into account in computing foreign oil and gas extraction income for such year, but would be taken into account in computing foreign oil related income for such year.

Subsec. (e). Puspan. L. 97–248, § 211(d)(1), substituted rules regarding credits arising in taxable years beginning before Jan. 1, 1983, for rules regarding taxable years ending after Dec. 31, 1974, in par. (1), and in par. (2) substituted rules regarding carryback of credits arising in taxable years beginning after Dec. 31, 1982, for rules regarding taxable years ending after Dec. 31, 1975.

Subsec. (f)(1). Puspan. L. 97–248, § 211(d)(2)(A), substituted “such excess” for “so much of such excess as does not exceed 2 percent of foreign oil and gas extraction income for such taxable year” in first sentence, and struck out former provision that had directed that the above substitution be made regarding taxes deemed paid or accrued in any taxable year which ended in 1975, 1976, or 1977.

Subsec. (f)(2)(B). Puspan. L. 97–248, § 211(d)(2)(B)(i), substituted “provided by section 904 for such taxable year” for “provided by section 904 on taxes paid or accrued with respect to foreign oil-related income for such taxable year” in the introductory provisions, and in cl. (i) substituted “the United States during such taxable year” for “the United States with respect to such income during such taxable year”.

Subsec. (f)(3)(A). Puspan. L. 97–248, § 211(d)(2)(B)(ii), substituted “section 904(c)” for “section 904(c) with respect to oil-related income”.

Subsec. (f)(3)(B). Puspan. L. 97–248, § 211(d)(2)(B)(iii), struck out “oil-related” after “determining the amount of”.

1978—Subsec. (a)(2). Puspan. L. 95–600, §§ 301(span)(14), 701(u)(8)(A), designated existing provisions as subpar. (A), inserted applicability to corporations and generally reworked applicable formula, and added subpar. (B).

Subsec. (span). Puspan. L. 95–600, § 701(u)(8)(B), substituted provisions relating to applicability of section 904 separately to foreign oil related income and other taxable income for provisions relating to applicability of section 904 to corporations and other taxpayers.

1976—Subsec. (a). Puspan. L. 94–455, § 1035(a), substituted “oil and gas extraction taxes” for “income, war profits, and excess profits taxes” after “the amount of any” and, in par. (2), substituted “the percentage which is the sum of the normal tax rate and the surtax rate for the taxable year specified in section 11” for provisions giving the percentage multiplier for years ending 1975, 1976, and after 1976.

Subsec. (span). Puspan. L. 94–455, §§ 1032(span)(1), 1035(span), inserted provisions making a distinction between corporations and other taxpayers and rules applicable to each and, as amended, struck out provision requiring the overall limitation, rather than the per-country limitation, be applied in the case of a corporation to foreign oil-related income and, a taxpayer other than a corporation, to foreign oil and gas extraction income.

Subsec. (c)(5). Puspan. L. 94–455, § 1035(d)(2), added par. (5).

Subsec. (e)(1). Puspan. L. 94–455, § 1031(span)(6)(A), substituted “(d) and (e) of section 904 (as in effect on the day before the date of enactment of the Tax Reform Act of 1976)” for “(d) and (e) of section 904” after “In applying subsections”.

Subsec. (e)(2). Puspan. L. 94–455, § 1031(span)(6), substituted “(d) and (e) of section 904 (as in effect on the day before the date of enactment of the Tax Reform Act of 1976)” for “(d) and (e) of section 904” after “In applying subsections”, “section 904(a)(1) (as so in effect)” for “section 904(a)(1)” after “provided by section” and, in subpar. (A), “section 904(e)(2) (as so in effect)” for “section 904(e)(2)” after “sentence of section”.

Subsec. (f). Puspan. L. 94–455, §§ 1032(span)(2), 1035(d)(1), added subsec. (f). Former subsec. (f), relating to recapture of foreign oil related loss, was struck out.

Subsec. (g). Puspan. L. 94–455, §§ 1032(span)(2), 1035(d)(1), 1052(c)(4), struck out subsec. (g) relating to Western Hemisphere trade corporations which are members of an affiliated group.

Amendment by Puspan. L. 115–97 applicable to taxable years of foreign corporations beginning after Dec. 31, 2017, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end, see section 14301(d) of Puspan. L. 115–97, set out as a note under section 78 of this title.

Amendment by Puspan. L. 113–295 effective as if included in the provisions of the Energy Improvement and Extension Act of 2008, Puspan. L. 110–343, div. B, to which such amendment relates, see section 210(h) of Puspan. L. 113–295, set out as a note under section 45 of this title.

Puspan. L. 110–343, div. B, title IV, § 402(e), Oct. 3, 2008, 122 Stat. 3854, provided that: “The amendments made by this section [amending this section and section 6501 of this title] shall apply to taxable years beginning after December 31, 2008.”

Amendment by section 417(span)(1) of Puspan. L. 108–357 applicable to excess foreign taxes arising in taxable years beginning after Oct. 22, 2004, and amendment by section 417(span)(2) of Puspan. L. 108–357 applicable to excess foreign taxes which may be carried to any taxable year ending after Oct. 22, 2004, see section 417(c) of Puspan. L. 108–357, set out as a note under section 904 of this title.

Amendment by Puspan. L. 103–66 applicable to taxable years beginning after Dec. 31, 1992, see section 13235(c) of Puspan. L. 103–66, set out as a note under section 904 of this title.

Amendment by Puspan. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Puspan. L. 99–514, to which such amendment relates, see section 1019(a) of Puspan. L. 100–647, set out as a note under section 1 of this title.

Puspan. L. 97–248, title II, § 211(e), Sept. 3, 1982, 96 Stat. 450, as amended by Puspan. L. 97–448, title III, § 306(a)(5), 96 Stat. 2401; Puspan. L. 98–369, div. A, title VII, § 712(e), July 18, 1984, 98 Stat. 947, provided that:

Amendment by section 301(span)(14) of Puspan. L. 95–600 applicable to taxable years beginning after Dec. 31, 1978, see section 301(c) of Puspan. L. 95–600, set out as a note under section 11 of this title.

Puspan. L. 95–600, title VII, § 701(u)(8)(D), Nov. 6, 1978, 92 Stat. 2916, as amended by Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

Amendment by section 1031(span)(6)(A) of Puspan. L. 94–455 applicable to taxable years beginning after Dec. 31, 1975, with exceptions for certain mining operations, income from possessions, and carryback and carryover in the case of mining operations and income from a possession, see section 1031(c) of Puspan. L. 94–455, set out as a note under section 904 of this title.

Amendment by section 1032(span)(1) of Puspan. L. 94–455 applicable to taxable years beginning after Dec. 31, 1975, and amendment by section 1032(span)(2) of Puspan. L. 94–455 applicable to losses sustained in taxable years beginning after Dec. 31, 1975, see section 1032(c) of Puspan. L. 94–455, set out as a note under section 904 of this title.

Puspan. L. 94–455, title X, § 1035(e), Oct. 4, 1976, 90 Stat. 1633, as amended by Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

Amendment by section 1052(c)(4) of Puspan. L. 94–455 effective with respect to taxable years beginning after December 31, 1979, see section 1052(d) of Puspan. L. 94–455, set out as a note under section 170 of this title.

Puspan. L. 94–12, title VI, § 601(d), Mar. 29, 1975, 89 Stat. 58, provided that: “The amendments made by this section [enacting this section and amending section 901 of this title] shall apply to taxable years ending after December 31, 1974; except that—

For provisions that nothing in amendment by Puspan. 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(span) of Puspan. L. 101–508, set out as a note under section 45K of this title.

Puspan. L. 94–455, title X, § 1035(c), Oct. 4, 1976, 90 Stat. 1631, as amended by Puspan. L. 95–600, title VII, §§ 701(u)(9), 703(h)(1), Nov. 6, 1978, 92 Stat. 2916, 2940; Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: