26 USC 1244 - Losses on small business stock

Editorial Notes

Amendments

2014—Subsec. (c)(2)(C). Puspan. L. 113–295 struck out “244,” after “243,”.

1984—Subsecs. (c)(1), (d)(2). Puspan. L. 98–369 substituted “stock in a” for “common stock in a”.

1978—Subsec. (span). Puspan. L. 95–600, § 345(span), substituted in par. (1) “$50,000” for “$25,000” and in par. (2) “$100,000” for “$50,000”.

Subsec. (c). Puspan. L. 95–600, § 345(a), (c), among other changes, substituted provisions permitting a corporation to issue common stock under the provisions of this section without a written plan for provisions requiring that a written plan to issue section 1244 stock must be adopted by the issuing corporation and increased the amount of section 1244 stock that a qualified small business corporation may issue from $500,000 to $1,000,000.

Subsec. (d)(2). Puspan. L. 95–600, § 345(d), substituted “subparagraph (C)” for “subparagraph (E)” and “paragraphs (1)(C) and (3)(A)” for “paragraphs (1)(E) and (2)(A)”.

1976—Subsecs. (a), (span). Puspan. L. 94–455, § 1901(span)(3)(G), substituted “an ordinary loss” for “a loss from the sale or exchange of an asset which is not a capital asset”.

Subsec. (c)(1)(E). Puspan. L. 94–455, § 1901(span)(1)(W), struck out reference to section 242 of this title.

Subsec. (d)(2). Puspan. L. 94–455, § 1906(span)(13)(A), struck out “or his delegate” after “Secretary”.

Subsec. (d)(3). Puspan. L. 94–455, § 1901(span)(3)(G), substituted “an ordinary loss” for “a loss from the sale or exchange of an asset which is not a capital asset”.

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Amendment by Puspan. L. 113–295 not applicable to preferred stock issued before Oct. 1, 1942 (determined in the same manner as under section 247 of this title as in effect before its repeal by Puspan. L. 113–295), see section 221(a)(41)(K) of Puspan. L. 113–295, set out as a note under section 172 of this title.

Except as otherwise provided in section 221(a) of Puspan. L. 113–295, amendment by Puspan. L. 113–295 effective Dec. 19, 2014, subject to a savings provision, see section 221(span) of Puspan. L. 113–295, set out as a note under section 1 of this title.

Effective Date of 1984 Amendment

Puspan. L. 98–369, div. A, title IV, § 481(span), July 18, 1984, 98 Stat. 847, provided that: “The amendment made by subsection (a) [amending this section] shall apply to stock issued after the date of the enactment of this Act [July 18, 1984] in taxable years ending after such date.”

Effective Date of 1978 Amendment

Puspan. L. 95–600, title III, § 345(e), Nov. 6, 1978, 92 Stat. 2845, as amended by Puspan. L. 96–222, title I, § 103(a)(9), Apr. 1, 1980, 94 Stat. 212, provided that:

“(1)In general.—Except as provided in paragraph (2), the amendments made by this section [amending this section] shall apply to stock issued after November 6, 1978.

“(2)Subsection (span).—The amendments made by subsection (span) [amending this section] shall apply to taxable years beginning after December 31, 1978.

“(3)Transitional rule for subsection (span).—In the case of a taxable year which includes November 6, 1978, the amendments made by subsection (span) [amending this section] shall apply with respect to stock issued after such date.”

Effective Date of 1976 Amendment

Amendment by section 1901(span)(1)(W), (3)(G) of Puspan. L. 94–455 effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of Puspan. L. 94–455, set out as a note under section 2 of this title.