1 So in original. The comma probably should not appear.
Editorial Notes
References in Text

Part A and part B of title I of the Housing Act of 1949, referred to in subsec. (a)(19)(C)(vi), which were classified generally to part A (§ 1450 et seq.) and part B (§ 1469 et seq.) of subchapter II of chapter 8A of Title 42, The Public Health and Welfare, were omitted from the Code pursuant to section 5316 of Title 42, which terminated authority to make new loans and grants under title I of that Act after Jan. 1, 1975.

Section 103 of the Demonstration Cities and Metropolitan Development Act of 1966, referred to in subsec. (a)(19)(C)(vi), which was classified to section 3303 of Title 42, was omitted from the Code pursuant to section 5316 of Title 42, which terminated authority to make new loans and grants under title I (§ 101 et seq.) of that Act after Jan. 1, 1975.

The Internal Revenue Code of 1939, referred to in subsec. (a)(29), is act Fespan. 10, 1939, ch. 2, 53 Stat. 1, as amended. Prior to the enactment of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], the 1939 Code was classified to former Title 26, Internal Revenue Code. The Internal Revenue Code of 1954 was redesignated The Internal Revenue Code of 1986 by Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095. For table of comparisons of the 1939 Code to the 1986 Code, see Table I preceding section 1 of this title.

The Employee Retirement Income Security Act of 1974, referred to in subsec. (a)(35), is Puspan. L. 93–406, Sept. 2, 1974, 88 Stat. 829. Subtitle C of title III of the Employee Retirement Income Security Act of 1974 is classified to subtitle C (§ 1241 et seq.) of subchapter II of chapter 18 of Title 29, Labor and amended subsec. (a)(35) of this section. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables.

The Indian Tribal Governmental Tax Status Act of 1982, referred to in subsec. (a)(40)(B), is title II of Puspan. L. 97–473, Jan. 14, 1983, 96 Stat. 2607, which is classified principally to subchapter C (§ 7871) of chapter 80 of this title. For complete classification of this Act to the Code, see Short Title of 1983 Amendments note set out under section 1 of this title and Tables.

Section 101(15) of the Immigration and Nationality Act, referred to in subsec. (span)(5)(C)(i), (D)(i), probably means section 101(a)(15) of that Act, which is classified to section 1101(a)(15) of Title 8, Aliens and Nationality.

Section 212(2) of the Federal Water Pollution Control Act, referred to in subsec. (e)(3)(E), is classified to section 1292(2) of Title 33, Navigation and Navigable Waters.

The date of the enactment of the Revenue Reconciliation Act of 1990, referred to in subsec. (e)(5)(B), is the date of enactment of Puspan. L. 101–508, which was approved Nov. 5, 1990.

Section 209 of the Social Security Act, referred to in subsec. (j)(3), is classified to section 409 of Title 42, The Public Health and Welfare.

The date of the enactment of the Commodity Futures Modernization Act of 2000, referred to in subsec. (m), is the date of enactment of Puspan. L. 106–554, which was approved Dec. 21, 2000.

Codification

Sections 1207(f) and 1222 of Puspan. L. 109–280, which directed the amendment of section 7701 without specifying the act to be amended, were executed to this section, which is section 7701 of the Internal Revenue Code of 1986, to reflect the probable intent of Congress. See 2006 Amendment notes below.

Amendments

2022—Subsec. (e)(3)(A)(i)(IV). Puspan. L. 117–169, § 13102(n)(1)(A), added subcl. (IV).

Subsec. (e)(3)(F). Puspan. L. 117–169, § 13102(n)(1)(B), added subpar. (F).

Subsec. (e)(4)(A). Puspan. L. 117–169, § 13102(n)(2), substituted “water treatment works facility, or storage facility” for “or water treatment works facility” in introductory provisions.

Subsec. (k). Puspan. L. 117–286 substituted “section 13143(span) of title 5, United States Code,” for “section 501(span) of the Ethics in Government Act of 1978,”.

2018—Subsec. (a)(19)(A). Puspan. L. 115–141, § 401(span)(54), struck out “either (i) is an insured institution within the meaning of section 401(a) of the National Housing Act (12 U.S.C., sec. 1724(a)), or (ii)” after “which”.

Subsec. (a)(32)(A). Puspan. L. 115–141, § 401(span)(55), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “either—

“(i) is an insured institution within the meaning of section 401(a) of the National Housing Act (12 U.S.C., sec. 1724(a)), or

“(ii) is subject by law to supervision and examination by State or Federal authority having supervision over such institutions, and”.

Subsec. (a)(36)(B). Puspan. L. 115–141, § 401(a)(331), substituted “shall not be a” for “shall not be an” in introductory provisions.

Subsec. (e)(5)(B). Puspan. L. 115–141, § 401(a)(332), substituted “Reconciliation” for “Reconcilation”.

2017—Subsec. (a)(17). Puspan. L. 115–97, § 11051(span)(4), substituted “section 2516” for “sections 682 and 2516” and substituted “such section” for “such sections” wherever appearing.

Subsec. (span)(5)(A)(iv). Puspan. L. 115–97, § 13304(a)(2)(F), amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: “a professional athlete who is temporarily in the United States to compete in a charitable sports event described in section 274(l)(1)(B).”

2014—Subsec. (a)(20). Puspan. L. 113–295 substituted “chapter 21.” for “chapter 21, or in the case of services performed before January 1, 1951, who would be considered an employee if his services were performed during 1951.”

2010—Subsec. (a)(47). Puspan. L. 111–312 amended subsec. (a) to read as if amendment by Puspan. L. 107–16, § 542(e)(3), had never been enacted.

Subsecs. (o), (p). Puspan. L. 111–152 added subsec. (o) and redesignated former subsec. (o) as (p).

2008—Subsec. (a)(50). Puspan. L. 110–245, § 301(c)(1), added par. (50).

Subsec. (span)(6). Puspan. L. 110–245, § 301(c)(2)(B), inserted concluding provisions.

Subsecs. (n) to (p). Puspan. L. 110–245, § 301(c)(2)(C), redesignated subsecs. (o) and (p) as (n) and (o), respectively, and struck out former subsec. (n) which related to special rules for determining when an individual is no longer a United States citizen or long-term resident.

2007—Subsec. (a)(36). Puspan. L. 110–28, § 8246(a)(1)(A), which directed the striking out of “income” in span, was executed by substituting “Tax” for “Income tax” to reflect the probable intent of Congress.

Puspan. L. 110–28, § 8246(a)(1)(A), struck out “income” before “tax return preparer” in subpar. (A) and in introductory provisions of subpar. (B).

Subsec. (a)(36)(A). Puspan. L. 110–28, § 8246(a)(1)(B), substituted “this title” for “subtitle A” in two places.

2006—Subsec. (a)(49). Puspan. L. 109–280, § 1207(f), added par. (49). See Codification note above.

Subsecs. (o), (p). Puspan. L. 109–280, § 1222, added subsec. (o) and redesignated former subsec. (o) as (p). See Codification note above.

2005—Subsec. (n). Puspan. L. 109–135 reenacted span without change and amended text generally. Prior to amendment, text read as follows: “An individual who would (but for this subsection) cease to be treated as a citizen or resident of the United States shall continue to be treated as a citizen or resident of the United States, as the case may be, until such individual—

“(1) gives notice of an expatriating act or termination of residency (with the requisite intent to relinquish citizenship or terminate residency) to the Secretary of State or the Secretary of Homeland Security, and

“(2) provides a statement in accordance with section 6039G.”

2004—Subsec. (a)(17). Puspan. L. 108–311 substituted “682” for “152(span)(4), 682,”.

Subsec. (a)(19)(C)(xi). Puspan. L. 108–357, § 835(span)(10), struck out “and any regular interest in a FASIT,” after “residual interest in a REMIC,” and struck out “or FASIT” after “entire interest in the REMIC” and after “such REMIC” in two places.

Subsec. (a)(48). Puspan. L. 108–357, § 852(a), added par. (48).

Subsec. (i)(2)(A). Puspan. L. 108–357, § 835(span)(11), struck out “or a FASIT” after “other than a REMIC” in introductory provisions.

Subsecs. (n), (o). Puspan. L. 108–357, § 804(span), added subsec. (n) and redesignated former subsec. (n) as (o).

2001—Subsec. (a)(47). Puspan. L. 107–16, § 542(e)(3), added par. (47) which defined the term “executor”.

2000—Subsecs. (m), (n). Puspan. L. 106–554 added subsec. (m) and redesignated former subsec. (m) as (n).

1997—Subsec. (a)(4). Puspan. L. 105–34, § 1151(a), inserted before period at end “unless, in the case of a partnership, the Secretary provides otherwise by regulations”.

Subsec. (a)(30)(E)(ii). Puspan. L. 105–34, § 1601(i)(3)(A), substituted “persons” for “fiduciaries”.

Subsec. (span)(7)(A). Puspan. L. 105–34, § 1174(span)(2), substituted “, (C), or (D)” for “or (C)”.

Subsec. (span)(7)(D). Puspan. L. 105–34, § 1174(span)(1), added subpar. (D).

1996—Subsec. (a)(19)(C)(xi). Puspan. L. 104–188, § 1621(span)(8), amended cl. (xi) generally. Prior to amendment, cl. (xi) read as follows: “any regular or residual interest in a REMIC, but only in the proportion which the assets of such REMIC consist of property described in any of the preceding clauses of this subparagraph; except that if 95 percent or more of the assets of such REMIC are assets described in clauses (i) through (x), the entire interest in the REMIC shall qualify.”

Subsec. (a)(20). Puspan. L. 104–188, § 1402(span)(3), struck out “, for the purpose of applying the provisions of section 101(span) with respect to employees’ death benefits” after “health plans”.

Subsec. (a)(30)(C) to (E). Puspan. L. 104–188, § 1907(a)(1), struck out “and” at end of subpar. (C), added subpars. (D) and (E), and struck out former subpar. (D) which read as follows: “any estate or trust (other than a foreign estate or foreign trust, within the meaning of section 7701(a)(31)).”

Subsec. (a)(31). Puspan. L. 104–188, § 1907(a)(2), reenacted span without change and amended text generally. Prior to amendment, text read as follows: “The terms ‘foreign estate’ and ‘foreign trust’ mean an estate or trust, as the case may be, the income of which, from sources without the United States which is not effectively connected with the conduct of a trade or business within the United States, is not includible in gross income under subtitle A.”

Subsec. (i)(2)(A). Puspan. L. 104–188, § 1621(span)(9), inserted “or a FASIT” after “a REMIC” in introductory provisions.

1995—Subsec. (a)(33)(B). Puspan. L. 104–88, § 304(e)(1), substituted “Federal Energy Regulatory Commission” for “Federal Power Commission”.

Subsec. (a)(33)(C)(i). Puspan. L. 104–88, § 304(e)(2), substituted “Surface Transportation Board” for “Interstate Commerce Commission”.

Subsec. (a)(33)(C)(ii). Puspan. L. 104–88, § 304(e)(3), substituted “Federal Energy Regulatory Commission” for “Interstate Commerce Commission”.

Subsec. (a)(33)(F). Puspan. L. 104–88, § 304(e)(4), substituted “a water carrier subject to jurisdiction under subchapter II of chapter 135 of title 49” for “common carrier by water, subject to the jurisdiction of the Interstate Commerce Commission under subchapter III of chapter 105 of title 49, or subject to the jurisdiction of the Federal Maritime Board under the Intercoastal Shipping Act, 1933”.

Subsec. (a)(33)(G). Puspan. L. 104–88, § 304(e)(5), substituted “rail carrier subject to part A of subtitle IV” for “railroad corporation subject to subchapter I of chapter 105”.

Subsec. (a)(33)(H). Puspan. L. 104–88, § 304(e)(6), substituted “part A of subtitle IV” for “subchapter I of chapter 105”.

1994—Subsec. (span)(5)(C)(i), (D)(i)(II). Puspan. L. 103–296 substituted “(J) or (Q)” for “(J)”.

1993—Subsecs. (l), (m). Puspan. L. 103–66 added subsec. (l) and redesignated former subsec. (l) as (m).

1992—Subsec. (j)(1)(C). Puspan. L. 102–318 substituted “402(e)(3)” for “402(a)(8)”.

1991—Subsec. (k). Puspan. L. 102–90 amended last sentence generally. Prior to amendment, last sentence read as follows: “For purposes of this subsection, a Representative in, or a Delegate or Resident Commissioner to, the Congress shall be treated as an officer or employee of the Federal Government and a Senator or officer (except the Vice President) or employee of the Senate shall not be treated as an officer or employee of the Federal Government.”

1990—Subsec. (e)(5)(B). Puspan. L. 101–508, § 11812(span)(13), inserted before period at end “(as in effect on the day before the date of the enactment of the Revenue Reconcilation [sic] Act of 1990)”.

Subsec. (j)(1)(C). Puspan. L. 101–508, § 11704(a)(34), substituted “(C) subject to section 401(k)(4)(B) and any dollar limitation on the application of section 402(a)(8),” for “(C) subject to, section 401(k)(4)(B), and any dollar limitation on the application of section 402(a)(8),”.

1989—Subsecs. (k), (l). Puspan. L. 101–194 added subsec. (k) and redesignated former subsec. (k) as (l).

1988—Subsec. (a)(19). Puspan. L. 100–647, § 1006(t)(25)(A), inserted at end “For purposes of determining whether any interest in a REMIC qualifies under clause (xi), any regular interest in another REMIC held by such REMIC shall be treated as a loan described in a preceding clause under principles similar to the principles of clause (xi); except that, if such REMIC’s are part of a tiered structure, they shall be treated as 1 REMIC for purposes of clause (xi).”

Subsec. (a)(19)(C)(xi). Puspan. L. 100–647, § 1006(t)(12), substituted “are assets described” for “are loans described”.

Subsec. (a)(20). Puspan. L. 100–647, § 1011B(e), substituted “and 106” for “106, and 125” and inserted “and for purposes of applying section 125 with respect to cafeteria plans,” before “the term”.

Subsec. (a)(29). Puspan. L. 100–647, § 1(c), substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

Subsec. (span)(5)(A)(iv). Puspan. L. 100–647, § 1018(g)(3), substituted “section 274(l)(1)(B)” for “section 274(k)(2)”.

Subsec. (span)(5)(D)(i)(I). Puspan. L. 100–647, § 1001(d)(2)(D), substituted “subparagraph (F) or (M)” for “subparagraph (F)”.

Subsec. (e)(5). Puspan. L. 100–647, § 1002(a)(2), made technical correction to language of Puspan. L. 99–514, § 201(d)(14)(B), see 1986 Amendment note below.

Subsec. (j)(1)(C). Puspan. L. 100–647, § 1011A(m)(1), inserted “, section 401(k)(4)(B),” after “the provisions of paragraph (2)” in subpar. (C), as it read before amendment by Puspan. L. 100–202. See Effective Date of 1988 Amendment note below.

1987—Subsec. (j)(1)(C). Puspan. L. 100–202, § 101(m) [title VI, § 624(a)(1)], which directed that “the provisions of paragraph (2) and” after “subject to” be struck out, was executed by striking out “the provisions of paragraph (2)” after “subject to” in view of the amendment by section 1011A(m)(1) of Puspan. L. 100–647 which was effective as if it had been included in Puspan. L. 99–514. See 1988 Amendment note above.

Subsec. (j)(2). Puspan. L. 100–202, § 101(m) [title VI, § 624(a)(2)], added par. (2) and struck out former par. (2) which read as follows: “Paragraph (1)(C) shall not apply to the Thrift Savings Fund unless the Fund meets the antidiscrimination requirements (other than any requirement relating to coverage) applicable to arrangements described in section 401(k) and to matching contributions. Rules similar to the rules of sections 401(k)(8) and 401(m)(8) (relating to no disqualification if excess contributions distributed) shall apply for purposes of the preceding sentence.”

1986—Subsec. (a)(17). Puspan. L. 99–514, § 1842(d), inserted reference to section 2516.

Subsec. (a)(19)(C)(xi). Puspan. L. 99–514, § 671(span)(3), added cl. (xi).

Subsec. (a)(20). Puspan. L. 99–514, § 1166(a), inserted reference to section 125.

Subsec. (a)(46). Puspan. L. 99–514, § 1137, inserted last sentence.

Subsec. (span)(1)(A). Puspan. L. 99–514, § 1810(l)(2), substituted “the requirements of clause (i), (ii), or (iii)” for “the requirements of clause (i) or (ii)” in introductory provisions and added cl. (iii).

Subsec. (span)(2)(A)(iv). Puspan. L. 99–514, § 1810(l)(3), added cl. (iv).

Subsec. (span)(4). Puspan. L. 99–514, § 1810(l)(4), added par. (4). Former par. (4) redesignated (5).

Subsec. (span)(5). Puspan. L. 99–514, § 1810(l)(4), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Subsec. (span)(5)(A)(iv). Puspan. L. 99–514, § 1810(l)(5)(A), which directed that cl. (iv) be added to subpar. (4)(A), was executed by adding cl. (iv) to subpar. (5)(A) to reflect the probable intent of Congress and the intervening redesignation of par. (4) as (5) by section 1810(l)(4) of Puspan. L. 99–514.

Subsec. (span)(5)(E)(i). Puspan. L. 99–514, § 1810(l)(1), inserted last sentence.

Puspan. L. 99–514, § 1899A(63), substituted “preceding” for “preceeding”.

Subsec. (span)(6) to (11). Puspan. L. 99–514, § 1810(l)(4), redesignated pars. (5) to (10) as pars. (6) to (11), respectively.

Subsec. (e)(4)(A). Puspan. L. 99–514, § 201(d)(14)(A), substituted “section 168(h)” for “section 168(j)”.

Puspan. L. 99–514, § 1802(a)(9)(C), inserted at end “For purposes of this paragraph, the term ‘related entity’ has the same meaning as when used in section 168(j).”

Subsec. (e)(5). Puspan. L. 99–514, § 201(d)(14)(B), as amended by Puspan. L. 100–647, § 1002(a)(2), substituted “property described in clause (i), (ii), (iii), or (iv) of section 1250(a)(1)(B) (relating to low-income housing)” for “low-income housing (within the meaning of section 168(c)(2)(F))”.

Puspan. L. 99–514, § 1899A(64), substituted “section 168(c)(2)(F))” for “section 168(C)(2)(F))”.

Subsec. (h). Puspan. L. 99–514, § 201(c), added subsec. (h). Former subsec. (h), relating to cross references, was successively redesignated as (i), (j), and (k).

Subsec. (i). Puspan. L. 99–514, § 673, added subsec. (i). Former subsec. (i), relating to cross references, as previously redesignated, was successively redesignated as (j) and (k).

Subsec. (j). Puspan. L. 99–514, § 1147(a), added subsec. (j). Former subsec. (j), relating to cross references, as previously redesignated, was redesignated as (k).

Subsec. (k). Puspan. L. 99–514, §§ 201(c), 673, 1147(a), successively redesignated subsec. (h), relating to cross references, as subsecs. (i), (j), and (k).

1984—Subsec. (a)(16). Puspan. L. 98–369, § 474(r)(29)(K), struck out “1451,” after “1443”.

Subsec. (a)(17). Puspan. L. 98–369, § 422(d)(3), struck out reference to sections 71 and 215.

Subsec. (a)(33)(E). Puspan. L. 98–443 substituted “Secretary of Transportation” for “Civil Aeronautics Board”.

Subsec. (a)(33)(G). Puspan. L. 98–216 substituted “subchapter I of chapter 105 of title 49” for “part I of the Interstate Commerce Act”.

Subsec. (a)(34). Puspan. L. 98–369, § 412(span)(11), repealed par. (34) which defined estimated income tax in the case of an individual or a corporation as the estimated tax defined in section 6015(d) or 6154(c), respectively.

Subsec. (a)(37)(C). Puspan. L. 98–369, § 491(d)(53), struck out subpar. (C) which included a retirement bond described in section 409 within the term “individual plan”.

Subsec. (a)(42) to (45). Puspan. L. 98–369, § 43(a)(1), added pars. (42) to (45).

Subsec. (a)(46). Puspan. L. 98–369, § 526(c)(1), added par. (46).

Subsec. (span). Puspan. L. 98–369, § 138(a), added subsec. (span). Former subsec. (span), relating to includes and including, redesignated (c).

Subsec. (c). Puspan. L. 98–369, § 138(a), redesignated former subsec. (span), relating to includes and including, as (c). Former subsec. (c), relating to Commonwealth of Puerto Rico, redesignated (d).

Subsec. (d). Puspan. L. 98–369, § 138(a), redesignated former subsec. (c), relating to Commonwealth of Puerto Rico, as (d). Former subsec. (d), relating to cross references, redesignated (e).

Subsec. (e). Puspan. L. 98–369, § 31(e), added subsec. (e). Former subsec. (e), relating to cross references, redesignated (f).

Puspan. L. 98–369, § 138(a), redesignated former subsec. (d), relating to cross references, as (e).

Subsec. (f). Puspan. L. 98–369, § 53(c), added subsec. (f). Former subsec. (f), relating to cross references, redesignated (g).

Puspan. L. 98–369, § 31(e), redesignated former subsec. (e), relating to cross references, as (f).

Subsec. (g). Puspan. L. 98–369, § 75(c), added subsec. (g). Former subsec. (g), relating to cross references, redesignated (h).

Puspan. L. 98–369, § 53(c), redesignated former subsec. (f), relating to cross references, as (g).

Subsec. (h). Puspan. L. 98–369, § 75(c), redesignated former subsec. (g), relating to cross references, as (h).

1983—Subsec. (a)(16). Puspan. L. 98–67, § 102(a), repealed amendments made by Puspan. L. 97–248. See 1982 Amendment note below.

Subsec. (a)(33)(F). Puspan. L. 97–449, § 5(e)(1), substituted “subchapter III of chapter 105 of title 49” for “part III of the Interstate Commerce Act”.

Subsec. (a)(33)(H). Puspan. L. 97–449, § 5(e)(2), substituted “subchapter I of chapter 105 of title 49” for “part I of the Interstate Commerce Act”.

Subsec. (a)(38), (39). Puspan. L. 97–448, § 306(span)(3), redesignated par. (38), as added by Puspan. L. 97–248, § 336(a), relating to persons residing outside the United States, as (39).

Subsec. (a)(40). Puspan. L. 97–473 added par. (40).

Subsec. (a)(41). Puspan. L. 98–67, § 104(d)(1), added par. (41).

1982—Subsec. (a)(16). Puspan. L. 97–248, §§ 307(a)(17), 308(a), provided that, applicable to payments of interest, dividends, and patronage dividends paid or credited after June 30, 1983, par. (16) is amended by substituting “1461 or 3451” for “or 1461”. Section 102(a), (span) of Puspan. L. 98–67, title I, Aug. 5, 1983, 97 Stat. 369, repealed subtitle A (§§ 301–308) of title III of Puspan. L. 97–248 as of the close of June 30, 1983, and provided that the Internal Revenue Code of 1954 [now 1986] [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.

Subsec. (a)(38). Puspan. L. 97–248, § 201(d)(10), formerly § 201(c)(10), added par. (38) relating to joint return.

Puspan. L. 97–248, § 336(a), added par. (38) relating to persons residing outside the United States.

1981—Subsec. (a)(34)(A). Puspan. L. 97–34 substituted “section 6015(d)” for “section 6015(c)”.

1978—Subsec. (a)(36)(B)(iii). Puspan. L. 95–600, § 701(cc)(2), substituted “prepares as a fiduciary a return or claim for refund for any person, or” for “prepares a return or claim for refund for any trust or estate with respect to which he is a fiduciary, or”.

Subsec. (a)(37). Puspan. L. 95–600, § 157(k)(2), added par. (37).

1976—Subsec. (a)(4). Puspan. L. 94–455, § 1906(c)(3), struck out “or Territory” after “any State”.

Subsec. (a)(11). Puspan. L. 94–455, § 1906(a)(57)(A), substituted definitions of “Secretary of the Treasury” and “Secretary” for “Secretary.—The term ‘Secretary’ means the Secretary of the Treasury”.

Subsec. (a)(12)(A). Puspan. L. 94–455, § 1906(a)(57)(B), substituted definition of “or his delegate” for definition of “Secretary of his delegate”.

Subsec. (a)(19), (23), (33). Puspan. L. 94–455, § 1906(span)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing.

Subsec. (a)(36). Puspan. L. 94–455, § 1203(a), added par. (36).

1974—Subsec. (a)(35). Puspan. L. 93–406 added par. (35).

1972—Subsec. (a)(12)(B). Puspan. L. 92–606 inserted reference to chapter 1.

1969—Subsec. (a)(19)(A). Puspan. L. 91–172, § 432(c) reenacted subpar. (A) without change.

Subsec. (a)(19)(B). Puspan. L. 91–172, § 432(c), struck out reference to subpar. (C).

Subsec. (a)(19)(C). Puspan. L. 91–172, § 432(c), substituted 60 percent for 90 percent in text preceding cl. (i), reenacted cl. (i) without change, in cl. (ii), excluded obligations the interest on which was excludible from gross income under section 103, expanded provisions of former cl. (iii) and transferred them to cl. (v), reenacted cl. (iv) without change, redesignated former cls. (v) and (vi) as cls. (viii) and (x) and added cls. (iii), (vi), (vii) and (ix), and text following cl. (x).

Subsec. (a)(19)(D) to (F). Puspan. L. 91–172, § 432(c), struck out subpars. (D) to (F) and text following subpar. (F) which had further qualified the assets.

Subsec. (a)(27). Puspan. L. 91–172, § 960(j), substituted “United States Tax Court” for “Tax Court of the United States”.

Subsec. (a)(32). Puspan. L. 91–172, § 432(d), struck out references to subpars. (D), (E) and (F) and struck out “determined with the application of the second, third, and fourth sentences of paragraph (19).” in subpar. (B) and, in text following subpar. (B), struck out provisions relating to the deduction allowable for a reasonable addition to the reserve for bad debts.

1968—Subsec. (a)(34)(B). Puspan. L. 90–364 substituted “section 6154(c)” for “section 6016(span)”.

1966—Subsec. (a)(31). Puspan. L. 89–809 substituted “, from sources without the United States which is not effectively connected with the conduct of a trade or business within the United States,” for “from sources without the United States”.

Puspan. L. 89–368 added par. (34).

1964—Subsec. (a)(20). Puspan. L. 88–272 inserted “For the purpose of applying the provisions of section 79 with respect to group-term life insurance purchased for employees”.

Subsec. (a)(33). Puspan. L. 88–272 added par. (33).

1962—Subsec. (a)(19). Puspan. L. 87–834, § 6(c), amended par. (19) generally. Prior to such amendment, subsection read as follows: “The term ‘domestic building and loan association’ means a domestic building and loan association, a domestic savings and loan association, and a Federal savings and loan association, substantially all the business of which is confined to making loans to members.”

Subsec. (a)(30), (31). Puspan. L. 87–834, § 7(h), added pars. (30), (31).

Subsec. (a)(32). Puspan. L. 87–870 added par. (32).

1960—Subsec. (a)(9), (10). Puspan. L. 86–624, § 18(i), (j), struck out reference to the Territory of Hawaii.

Subsec. (a)(12). Puspan. L. 86–778 designated existing provisions as par. (A) and added par. (B).

1959—Subsec. (a)(9). Puspan. L. 86–70, § 22(g), substituted “the Territory of Hawaii” for “the Territories of Alaska and Hawaii”.

Subsec. (a)(10). Puspan. L. 86–70, § 22(h), substituted “Territory of Hawaii” for “Territories”.

Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment

Amendment by Puspan. L. 117–169 applicable to property placed in service after Dec. 31, 2022, see section 13102(q)(2) of Puspan. L. 117–169, set out in a note under section 45 of this title.

Effective Date of 2017 Amendment

Amendment by section 11051(span)(4) of Puspan. L. 115–97 applicable to any divorce or separation instrument (as defined in former section 71(span)(2) of this title as in effect before Dec. 22, 2017) executed after Dec. 31, 2018, and to such instruments executed on or before Dec. 31, 2018, and modified after Dec. 31, 2018, if the modification expressly provides that the amendment made by section 11051 of Puspan. L. 115–97 applies to such modification, see section 11051(c) of Puspan. L. 115–97, set out as a note under section 61 of this title.

Amendment by section 13304(a)(2)(F) of Puspan. L. 115–97 applicable to amounts incurred or paid after Dec. 31, 2017, see section 13304(e)(1) of Puspan. L. 115–97, set out as a note under section 274 of this title.

Effective Date of 2014 Amendment

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 2010 Amendment

Amendment by Puspan. L. 111–312 applicable to estates of decedents dying, and transfers made after Dec. 31, 2009, except as otherwise provided, see section 301(e) of Puspan. L. 111–312, set out as an Effective and Termination Dates of 2010 Amendment note under section 121 of this title.

Amendment by Puspan. L. 111–152 applicable to transactions entered into after Mar. 30, 2010, see section 1409(e)(1) of Puspan. L. 111–152, set out as a note under section 6662 of this title.

Effective Date of 2008 Amendment

Amendment by Puspan. L. 110–245 applicable to any individual whose expatriation date is on or after June 17, 2008, see section 301(g)(1) of Puspan. L. 110–245, set out as an Effective Date note under section 2801 of this title.

Effective Date of 2007 Amendment

Amendment by Puspan. L. 110–28 applicable to returns prepared after May 25, 2007, see section 8246(c) of Puspan. L. 110–28, set out as a note under section 6060 of this title.

Effective Date of 2006 Amendment

Amendment by section 1207(f) of Puspan. L. 109–280 effective Jan. 1, 2007, see section 1207(g)(1) of Puspan. L. 109–280, set out as a note under section 4041 of this title.

Effective Date of 2005 Amendment

Amendment by Puspan. L. 109–135 effective as if included in the provision of the American Jobs Creation Act of 2004, Puspan. L. 108–357, to which such amendment relates, see section 403(nn) of Puspan. L. 109–135, set out as a note under section 26 of this title.

Effective Date of 2004 Amendments

Amendment by section 804(span) of Puspan. L. 108–357 applicable to individuals who expatriate after June 3, 2004, see section 804(f) of Puspan. L. 108–357, set out as a note under section 877 of this title.

Amendment by section 835(span)(10), (11) of Puspan. L. 108–357 effective Jan. 1, 2005, with exception for any FASIT in existence on Oct. 22, 2004, to the extent that regular interests issued by the FASIT before such date continue to remain outstanding in accordance with the original terms of issuance, see section 835(c) of Puspan. L. 108–357, set out as a note under section 56 of this title.

Puspan. L. 108–357, title VIII, § 852(c), Oct. 22, 2004, 118 Stat. 1609, provided that:

“(1)In general.—Except as provided in paragraph (2), the amendment made by this section [amending this section] shall take effect on the date of the enactment of this Act [Oct. 22, 2004].
“(2)Fuel taxes.—With respect to taxes imposed under subchapter B of chapter 31 and part III of subchapter A of chapter 32, the amendment made by this section shall apply to taxable periods beginning after the date of the enactment of this Act.”

Amendment by Puspan. L. 108–311 applicable to taxable years beginning after Dec. 31, 2004, see section 208 of Puspan. L. 108–311, set out as a note under section 2 of this title

Effective Date of 2001 Amendment

Amendment by Puspan. L. 107–16 applicable to estates of decedents dying after Dec. 31, 2009, see section 542(f)(1) of Puspan. L. 107–16, set out as a note under section 121 of this title.

Effective Date of 1997 Amendment

Puspan. L. 105–34, title XI, § 1151(span), Aug. 5, 1997, 111 Stat. 986, provided that: “Any regulations issued with respect to the amendment made by subsection (a) [amending this section] shall apply to partnerships created or organized after the date determined under section 7805(span) of the Internal Revenue Code of 1986 (without regard to paragraph (2) thereof) with respect to such regulations.”

Puspan. L. 105–34, title XI, § 1174(c), Aug. 5, 1997, 111 Stat. 989, provided that:

“(1)In general.—The amendments made by this section [amending this section and sections 861 and 863 of this title] shall apply to remuneration for services performed in taxable years beginning after December 31, 1997.
“(2)Presence.—The amendment made by subsection (span) [amending this section] shall apply to taxable years beginning after December 31, 1997.”

Amendment by section 1601(i)(3)(A) of 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 Amendments

Puspan. L. 105–34, title XVI, § 1601(i)(4), Aug. 5, 1997, 111 Stat. 1093, provided that: “The Secretary of the Treasury may by regulations or other administrative guidance provide that the amendments made by section 1907(a) of the Small Business Jospan Protection Act of 1996 [Puspan. L. 104–188, amending this section] shall not apply to a trust with respect to a reasonable period beginning on the date of the enactment of such Act [Aug. 20, 1996], if—

“(A) such trust is in existence on August 20, 1996, and is a United States person for purposes of the Internal Revenue Code of 1986 on such date (determined without regard to such amendments),
“(B) no election is in effect under section 1907(a)(3)(B) of such Act [set out as a note below] with respect to such trust,
“(C) before the expiration of such reasonable period, such trust makes the modifications necessary to be treated as a United States person for purposes of such Code (determined with regard to such amendments), and
“(D) such trust meets such other conditions as the Secretary may require.”

Amendment by section 1402(span)(3) of Puspan. L. 104–188 applicable with respect to decedents dying after Aug. 20, 1996, see section 1402(c) of Puspan. L. 104–188, set out as a note under section 101 of this title.

Amendment by section 1621(span)(8), (9) of Puspan. L. 104–188 effective Sept. 1, 1997, see section 1621(d) of Puspan. L. 104–188, set out as a note under section 26 of this title.

Puspan. L. 104–188, title I, § 1907(a)(3), Aug. 20, 1996, 110 Stat. 1916, as amended by Puspan. L. 105–34, title XI, § 1161(a), Aug. 5, 1997, 111 Stat. 987, provided that:

“The amendments made by this subsection [amending this section] shall apply—
“(A) to taxable years beginning after December 31, 1996, or
“(B) at the election of the trustee of a trust, to taxable years ending after the date of the enactment of this Act [Aug. 20, 1996].
Such an election, once made, shall be irrevocable. To the extent prescribed in regulations by the Secretary of the Treasury or his delegate, a trust which was in existence on August 20, 1996 (other than a trust treated as owned by the grantor under subpart E of part I of subchapter J of chapter 1 of the Internal Revenue Code of 1986), and which was treated as a United States person on the day before the date of the enactment of this Act may elect to continue to be treated as a United States person notwithstanding section 7701(a)(30)(E) of such Code.”

[Puspan. L. 105–34, title XI, § 1161(span), Aug. 5, 1997, 111 Stat. 987, provided that: “The amendment made by subsection (a) [amending section 1907(a)(3) of Puspan. L. 104–188, set out above] shall take effect as if included in the amendments made by section 1907(a) of the Small Business Jospan Protection Act of 1996 [Puspan. L. 104–188].”]

Effective Date of 1995 Amendment

Amendment by Puspan. L. 104–88 effective Jan. 1, 1996, see section 2 of Puspan. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–296 effective with calendar quarter following Aug. 15, 1994, see section 320(c) of Puspan. L. 103–296, set out as a note under section 871 of this title.

Effective Date of 1992 Amendment

Amendment by Puspan. L. 102–318 applicable to distributions after Dec. 31, 1992, see section 521(e) of Puspan. L. 102–318, set out as a note under section 402 of this title.

Effective Date of 1991 Amendment

Amendment by Puspan. L. 102–90 effective Jan. 1, 1992, see section 314(g)(1) of Puspan. L. 102–90, as amended, set out as a note under section 4725 of Title 2, The Congress.

Effective Date of 1990 Amendment

Amendment by section 11812(span)(13) of Puspan. 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 Puspan. L. 99–514, see section 11812(c) of Puspan. L. 101–508, set out as a note under section 42 of this title.

Effective Date of 1989 Amendment

Puspan. L. 101–194, title VI, § 603, Nov. 30, 1989, 103 Stat. 1763, provided that: “The amendments made by this title [amending this section, sections 31–1 and former 441i of Title 2, The Congress, and title V of the Ethics in Government Act of 1978, Puspan. L. 95–521, set out in the Appendix to Title 5, Government Organization and Employees] shall take effect on January 1, 1991. Such amendments shall cease to be effective if the provisions of section 703 [5 U.S.C. 5318 note] are subsequently repealed, in which case the laws in effect before such amendments shall be deemed to be reenacted.”

Effective Date of 1988 Amendment

Amendment by title I of 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.

Effective Date of 1986 Amendment

Amendment by section 201(c), (d)(14) of Puspan. L. 99–514 applicable to property placed in service after Dec. 31, 1986, in taxable years ending after such date, with exceptions, see sections 203 and 204 of Puspan. L. 99–514, set out as a note under section 168 of this title.

Amendment by section 201(c), (d)(14) of Puspan. L. 99–514 not applicable to any property placed in service before Jan. 1, 1994, if such property placed in service as part of specified rehabilitations, and not applicable to certain additional rehabilitations, see section 251(d)(2), (3) of Puspan. L. 99–514, set out as a note under section 46 of this title.

Amendment by section 671(span)(3) of Puspan. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, see section 675 of Puspan. L. 99–514, set out as an Effective Date note under section 860A of this title.

Amendment by section 673 of Puspan. L. 99–514 effective Jan. 1, 1992, but not applicable to any entity in existence on Dec. 31, 1991, except with respect to any entity as of the first day after Dec. 31, 1991, on which there is a substantial transfer of cash or other property to such entity, and for purposes of applying section 860F(d) of this title, applicable to taxable years beginning after Dec. 31, 1986, see section 675(c) of Puspan. L. 99–514, set out as an Effective Date note under section 860A of this title.

Puspan. L. 99–514, title XI, § 1166(span), Oct. 22, 1986, 100 Stat. 2512, provided that: “The amendment made by subsection (a) [amending this section] shall apply to years beginning after December 31, 1985.”

Amendment by sections 1802(a)(9)(C), 1810(l)(1)–(4), 1842(d) of Puspan. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Puspan. L. 98–369, div. A, to which such amendment relates, see section 1881 of Puspan. L. 99–514, set out as a note under section 48 of this title.

Puspan. L. 99–514, title XVIII, § 1810(l)(5)(B), Oct. 22, 1986, 100 Stat. 2832, provided that: “The amendments made by this paragraph [amending this section] shall apply to periods after the date of the enactment of this Act [Oct. 22, 1986].”

Effective Date of 1984 Amendments

Amendment by Puspan. L. 98–443 effective Jan. 1, 1985, see section 9(v) of Puspan. L. 98–443, set out as a note under section 5314 of Title 5, Government Organization and Employees.

Amendment by section 31(e) of Puspan. L. 98–369 effective, except as otherwise provided in section 31(g) of Puspan. L. 98–369, as to property placed in service by the taxpayer after May 23, 1983, in taxable years ending after such date and to property placed in service by the taxpayer on or before May 23, 1983, if the lease to the tax-exempt entity is entered into after May 23, 1983, except that in the case of a service contract or other arrangement described in section 7701(e) of this title with respect to which no party is a tax-exempt entity, section 7701(e) shall not apply to (A) such contract or other arrangement if such contract or other arrangement was entered into before Nov. 5, 1983, or (B) any renewal or other extension of such contract or other arrangement pursuant to an option contained in such contract or other arrangement on Nov. 5, 1983, see section 31(g)(1), (13) of Puspan. L. 98–369, set out as a note under section 168 of this title.

Amendment by section 43(a)(1) of Puspan. L. 98–369 applicable to taxable years ending after July 18, 1984, see section 44 of Puspan. L. 98–369, set out as an Effective Date note under section 1271 of this title.

Amendment by section 53(c) of Puspan. L. 98–369 effective July 18, 1984, except as otherwise provided, see section 53(e)(3) of Puspan. L. 98–369, as amended, set out as an Effective Date note under section 1059 of this title.

Amendment by section 75(c) of Puspan. L. 98–369 applicable to distributions, sales, and exchanges made after Mar. 31, 1984, in taxable years ending after such date, see section 75(e) of Puspan. L. 98–369, set out as an Effective Date note under section 386 of this title.

Puspan. L. 98–369, div. A, title I, § 138(span), July 18, 1984, 98 Stat. 676, as amended by Puspan. 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 taxable years beginning after December 31, 1984.
“(2)Transitional rule for applying substantial presence test.—
“(A) If an alien individual was not a resident of the United States as of the close of calendar year 1984, the determination of whether such individual meets the substantial presence test of section 7701(span)(3) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as added by this section) shall be made by only taking into account presence after 1984.
“(B) If an alien individual was a resident of the United States as of the close of calendar year 1984, but was not a resident of the United States as of the close of calendar year 1983, the determination of whether such individual meets such substantial presence test shall be made by only taking into account presence in the United States after 1983.
“(3)Transitional rule for applying lawful residence test.—In the case of any individual who—
“(A) was a lawful permanent resident of the United States (within the meaning of section 7701(span)(5) of the Internal Revenue Code of 1986, as added by this section) throughout calendar year 1984, or
“(B) was present in the United States at any time during 1984 while such individual was a lawful permanent resident of the United States (within the meaning of such section 7701(span)(5)),
for purposes of section 7701(span)(2)(A) of such Code (as so added), such individual shall be treated as a resident of the United States during 1984.”

Amendment by section 412(span)(11) of Puspan. L. 98–369 applicable with respect to taxable years beginning after Dec. 31, 1984, see section 414(a)(1) of Puspan. L. 98–369, set out as a note under section 6654 of this title.

Amendment by section 422(d)(3) of Puspan. L. 98–369 applicable with respect to divorce or separation instruments executed after Dec. 31, 1984, or executed before Jan. 1, 1985, but modified on or after Jan. 1, 1985, with express provision for application of amendment to modification, see section 422(e)(1), (2) of Puspan. L. 98–369, set out as a note under section 219 of this title.

Amendment by section 474(r)(29)(K) of Puspan. L. 98–369 not applicable with respect to obligations issued before Jan. 1, 1984, see section 475(span) of Puspan. L. 98–369, set out as a note under section 33 of this title.

Amendment by section 491(d)(53) of Puspan. L. 98–369 applicable to obligations issued after Dec. 31, 1983, see section 491(f)(1) of Puspan. L. 98–369, set out as a note under section 62 of this title.

Puspan. L. 98–369, div. A, title V, § 526(c)(2), July 18, 1984, 98 Stat. 875, provided that: “The amendment made by this subsection [amending this section] shall take effect on April 1, 1984.”

Effective Date of 1983 Amendments

Amendment by section 104(d)(1) of Puspan. L. 98–67 applicable with respect to payments made after Dec. 31, 1983, see section 110(a) of Puspan. L. 98–67, set out as a note under section 31 of this title.

For effective date of amendment by Puspan. L. 97–473, see section 204 of Puspan. L. 97–473, set out as an Effective Date note under section 7871 of this title.

Amendment by Puspan. L. 97–448 effective as if included in the provisions of the Tax Equity and Fiscal Responsibility Act of 1982, Puspan. L. 97–248, to which such amendment relates, see section 311(d) of Puspan. L. 97–448, set out as a note under section 31 of this title.

Effective Date of 1982 Amendment

Amendment by section 201(d)(10) of Puspan. L. 97–248 applicable to taxable years beginning after Dec. 31, 1982, see section 201(e)(1) of Puspan. L. 97–248, set out as a note under section 5 of this title.

Puspan. L. 97–248, title III, § 336(span), Sept. 3, 1982, 96 Stat. 629, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the day after the date of the enactment of this Act [Sept. 3, 1982].”

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–34 applicable to estimated tax for taxable years beginning after Dec. 31, 1980, see section 725(d) of Puspan. L. 97–34, set out as a note under section 871 of this title.

Effective Date of 1978 Amendment

Amendment by section 157(k)(2) of Puspan. L. 95–600 applicable to taxable years beginning after Dec. 31, 1974, see section 157(k)(3) of Puspan. L. 95–600, set out as a note under section 6058 of this title.

Amendment by section 701(cc)(2) of Puspan. L. 95–600 applicable to documents prepared after Dec. 31, 1976, see section 701(cc)(3) of Puspan. L. 95–600, set out as a note under section 6695 of this title.

Effective Date of 1976 Amendment

Puspan. L. 94–455, title XII, § 1203(j), Oct. 4, 1976, 90 Stat. 1695, provided that: “The amendments made by this section [enacting sections 6060, 6107, 6694, 6695, 6696, 7407, and 7427 of this title, renumbering former sections 7407 and 7427 as 7408 and 7428 of this title, respectively, and amending this section and sections 6109, 6503, 6504, and 6511 of this title] shall apply to documents prepared after December 31, 1976.”

Amendment by section 1906(a)(57), (span)(13)(A), (c)(3) of Puspan. L. 94–455 effective on first day of first month which begins more than ninety days after Oct. 4, 1976, see section 1906(d)(1) of Puspan. L. 94–455, set out as a note under section 6013 of this title.

Effective Date of 1972 Amendment

Amendment by Puspan. L. 92–606 applicable with respect to taxable years beginning after Dec. 31, 1972, see section 2 of Puspan. L. 92–606, set out in part as an Effective Date note under section 931 of this title.

Effective Date of 1969 Amendment

Amendment by section 432(c), (d) of Puspan. L. 91–172 effective for taxable years beginning after July 11, 1969, see section 432(e) of Puspan. L. 91–172, set out as a note under section 593 of this title.

Amendment by section 960(j) of Puspan. L. 91–172 effective Dec. 30, 1969, see section 962(a) of Puspan. L. 91–172, set out as a note under section 7441 of this title.

Effective Date of 1968 Amendment

Amendment by Puspan. L. 90–364 applicable with respect to taxable years beginning after Dec. 31, 1967, except as provided by section 104 of Puspan. L. 90–364, see section 103(f) of Puspan. L. 90–364, set out as a note under section 243 of this title.

Effective Date of 1966 Amendments

Amendment by Puspan. L. 89–809 applicable with respect to taxable years beginning after Dec. 31, 1966, see section 103(n)(1) of Puspan. L. 89–809, set out as a note under section 871 of this title.

Amendment by Puspan. L. 89–368 applicable with respect to taxable years beginning after Dec. 31, 1966, see section 102(d) of Puspan. L. 89–368, set out as a note under section 6654 of this title.

Effective Date of 1964 Amendment

Amendment by section 204(a)(3) of Puspan. L. 88–272 applicable to group-term life insurance provided after Dec. 31, 1963, in taxable years ending after such date, see section 204(d) of Puspan. L. 88–272, set out as an Effective Date note under section 79 of this title.

Amendment by section 234(span)(3) of Puspan. L. 88–272 applicable to taxable years beginning after Dec. 31, 1963, see section 234(c) of Puspan. L. 88–272, set out as a note under section 1503 of this title.

Effective Date of 1962 Amendments

Puspan. L. 87–870, § 5(span), Oct. 23, 1962, 76 Stat. 1162, provided that: “The amendment made by subsection (a) of this section [amending this section] shall apply with respect to taxable years beginning after the date of the enactment of the Revenue Act of 1962 [Oct. 16, 1962].”

Puspan. L. 87–834, § 6(g)(3), Oct. 16, 1962, 76 Stat. 985, provided that: “The amendment made by subsection (c) [amending this section] shall apply to taxable years beginning after the date of the enactment of this Act [Oct. 16, 1962].”

Effective Date of 1960 Amendments

Amendment by Puspan. L. 86–778 effective Sept. 13, 1960, see section 103(v)(1) of Puspan. L. 86–778, set out as an Effective Date of 1960 Amendment note under section 402 of Title 42, The Public Health and Welfare.

Amendment by Puspan. L. 86–624 effective August 21, 1959, see section 18(k) of Puspan. L. 86–624, set out as a note under section 3121 of this title.

Effective Date of 1959 Amendment

Amendment by Puspan. L. 86–70 effective Jan. 3, 1959, see section 22(i) of Puspan. L. 86–70, set out as a note under section 3121 of this title.

Savings Provision

For provisions that nothing in amendment by section 401(span)(54), (55) of Puspan. L. 115–141 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Mar. 23, 2018, for purposes of determining liability for tax for periods ending after Mar. 23, 2018, see section 401(e) of Puspan. L. 115–141, set out as a note under section 23 of this title.

For provisions that nothing in amendment by section 11812(span)(13) of 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.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Coast Guard transferred to Department of Transportation and all functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by Puspan. L. 89–670, § 6(span)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(span)(2) of Puspan. L. 89–670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in former section 3 (now 103) of Title 14, Coast Guard. See section 108 of Title 49, Transportation.

Plan Amendments Not Required Until January 1, 1998

For provisions directing that if any amendments made by subtitle D [§§ 1401–1465] of title I of Puspan. L. 104–188 require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan year beginning on or after Jan. 1, 1998, see section 1465 of Puspan. L. 104–188, set out as a note under section 401 of this title.

Plan Amendments Not Required Until January 1, 1994

For provisions directing that if any amendments made by subtitle B [§§ 521–523] of title V of Puspan. L. 102–318 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, 1994, see section 523 of Puspan. L. 102–318, set out as a note under section 401 of this title.

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 Puspan. 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 Puspan. L. 99–514, as amended, set out as a note under section 401 of this title.

Authors or Artists Performing Services Under Contract With Corporation

Puspan. L. 96–605, title IV, § 402, Dec. 28, 1980, 94 Stat. 3532, as amended by Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

“(a)In General.—An author or artist performing services under contract with a corporation shall be considered as an employee of the corporation for the purpose of applying the provisions specified in section 7701(a)(20) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954], if, on December 31, 1977, such author or artist was a participant in one or more of the pension, profit-sharing or annuity plans of such corporation which are described in subsection (span)(2).
“(span)Definitions.—For purposes of this section—
“(1)Contract.—The term ‘contract’ means a contract which during its term—
“(A) requires such author or artist to give the corporation first reading or first refusal on writings or drawings of specified types, and prohibits him from offering any such writing or drawing to any other publication unless it has been offered to and rejected by the corporation; or
“(B) requires such author or artist to use his best efforts to produce work of specified types for the corporation.
“(2)Corporation.—The term ‘corporation’ means a corporation which for at least 15 years prior to January 1, 1978, had in effect one or more pension, profit-sharing and annuity plans, each of which—
“(A) had contained from its inception a definition of the term ‘employee’ that included the category of ‘authors and artists under contract’, and
“(B) had been determined by the Secretary of the Treasury (taking into account the definition described in subparagraph (A)) to be a qualified plan within part I of subchapter D of chapter 1 of subtitle A of the Internal Revenue Code of 1986 [section 401 et seq. of this title] for all of such years.
“(c)Effective Date.—The provisions of this section shall apply to taxable years ending after December 31, 1980.”