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26 U.S.C. § 12 — Cross references relating to tax on corpora-
Federal law — U.S. Code and appendices · legal_authorities
Page 64
TITLE 26—INTERNAL REVENUE CODE
§ 12
EFFECTIVE DATE OF 1966 AMENDMENT
Pub. L. 89–809, title I, § 104(n), Nov. 13, 1966, 80 Stat.
1563, provided that: ‘‘The amendments made by this
section (other than subsection (k)) [enacting section
6683 to this title and amending this section and sec-
tions 245, 301, 512, 542, 543, 545, 819, 821, 822, 831, 832, 841,
842, 881, 882, 884, 952, 953, 1249, 1442, and 6016 of this title]
shall apply with respect to taxable years beginning
after December 31, 1966. The amendment made by sub-
section (k) [amending section 1248(d)(4) of this title]
shall apply with respect to sales or exchanges occurring
after December 31, 1966.’’
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88–272, except for purposes of
section 21 of this title, effective with respect to taxable
years beginning after Dec. 31, 1963, see section 131 of
Pub. L. 88–272, set out as a note under section 1 of this
title.
EFFECTIVE DATE OF 1960 AMENDMENT
Amendment by Pub. L. 86–779 applicable with respect
to taxable years of real estate investment trusts begin-
ning after Dec. 31, 1960, see section 10(k) of Pub. L.
86–779, set out as an Effective Date note under section
856 of this title.
ALLOCATION
OF 1975 TAXABLE INCOME AMONG COMPO-
NENT MEMBERS OF CONTROLLED GROUP OF CORPORA-
TIONS
Pub. L. 94–12, title III, § 303(c)(1), Mar. 29, 1975, 89 Stat.
44, provided in part that: ‘‘In applying subsection (b)(2)
of section 11 [former subsec. (b)(2) of this section], the
first $25,000 of taxable income and the second $25,000 of
taxable income shall each be allocated among the com-
ponent members of a controlled group of corporations
in the same manner as the surtax exemption is allo-
cated.’’
§ 12. Cross references relating to tax on corpora-
tions
(1
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Page 64
TITLE 26—INTERNAL REVENUE CODE
§ 12
EFFECTIVE DATE OF 1966 AMENDMENT
Pub. L. 89–809, title I, § 104(n), Nov. 13, 1966, 80 Stat.
1563, provided that: ‘‘The amendments made by this
section (other than subsection (k)) [enacting section
6683 to this title and amending this section and sec-
tions 245, 301, 512, 542, 543, 545, 819, 821, 822, 831, 832, 841,
842, 881, 882, 884, 952, 953, 1249, 1442, and 6016 of this title]
shall apply with respect to taxable years beginning
after December 31, 1966. The amendment made by sub-
section (k) [amending section 1248(d)(4) of this title]
shall apply with respect to sales or exchanges occurring
after December 31, 1966.’’
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88–272, except for purposes of
section 21 of this title, effective with respect to taxable
years beginning after Dec. 31, 1963, see section 131 of
Pub. L. 88–272, set out as a note under section 1 of this
title.
EFFECTIVE DATE OF 1960 AMENDMENT
Amendment by Pub. L. 86–779 applicable with respect
to taxable years of real estate investment trusts begin-
ning after Dec. 31, 1960, see section 10(k) of Pub. L.
86–779, set out as an Effective Date note under section
856 of this title.
ALLOCATION
OF 1975 TAXABLE INCOME AMONG COMPO-
NENT MEMBERS OF CONTROLLED GROUP OF CORPORA-
TIONS
Pub. L. 94–12, title III, § 303(c)(1), Mar. 29, 1975, 89 Stat.
44, provided in part that: ‘‘In applying subsection (b)(2)
of section 11 [former subsec. (b)(2) of this section], the
first $25,000 of taxable income and the second $25,000 of
taxable income shall each be allocated among the com-
ponent members of a controlled group of corporations
in the same manner as the surtax exemption is allo-
cated.’’
§ 12. Cross references relating to tax on corpora-
tions
(1) For tax on the unrelated business income of
certain charitable and other corporations exempt
from tax under this chapter, see section 511.
(2) For accumulated earnings tax and personal
holding company tax, see parts I and II of sub-
chapter G (sec. 531 and following).
(3) For doubling of tax on corporations of certain
foreign countries, see section 891.
(4) For rate of withholding in case of foreign cor-
porations, see section 1442.
(5) For alternative minimum tax, see section 55.
(Aug. 16, 1954, ch. 736, 68A Stat. 11; Pub. L. 88–272,
title II, § 234(b)(4), Feb. 26, 1964, 78 Stat. 115; Pub.
L. 91–172, title III, § 301(b)(3), Dec. 30, 1969, 83
Stat. 585; Pub. L. 94–12, title III, § 303(c)(2), Mar.
29, 1975, 89 Stat. 44; Pub. L. 95–600, title III,
§ 301(b)(1), Nov. 6, 1978, 92 Stat. 2820; Pub. L.
98–369, div. A, title IV, § 474(r)(29)(E), July 18,
1984, 98 Stat. 844; Pub. L. 99–514, title VII,
§ 701(e)(4)(B), Oct. 22, 1986, 100 Stat. 2343; Pub. L.
115–97, title I, §§ 12001(b)(12), 13001(b)(2)(B), Dec.
22, 2017, 131 Stat. 2094, 2096; Pub. L. 117–169, title
I, § 10101(a)(4)(D), Aug. 16, 2022, 136 Stat. 1822.)
Editorial Notes
AMENDMENTS
2022—Par. (5). Pub. L. 117–169 added par. (5).
2017—Pars. (4) to (6). Pub. L. 115–97, § 13001(b)(2)(B), re-
designated par. (5) as (4) and struck out former pars. (4)
and (6) which read as follows:
‘‘(4) For alternative tax in case of capital gains, see
section 1201(a).
‘‘(6) For limitation on benefits of graduated rate
schedule provided in section 11(b), see section 1551.’’
Par. (7). Pub. L. 115–97, § 12001(b)(12), struck out par.
(7) which read as follows: ‘‘For alternative minimum
tax, see section 55.’’
1986—Par. (7). Pub. L. 99–514 amended par. (7) gen-
erally, substituting ‘‘alternative minimum tax’’ and
‘‘55’’ for ‘‘minimum tax for tax preferences’’ and ‘‘56’’,
respectively.
1984—Pars. (6) to (8). Pub. L. 98–369 redesignated pars.
(7) and (8) as (6) and (7), respectively. Former par. (6),
which referred to section 1451 for withholding of tax on
tax-free covenant bonds, was struck out.
1978—Par. (7). Pub. L. 95–600 substituted ‘‘benefits of
graduated rate schedule provided in section 11(b)’’ for
‘‘the $25,000 exemption from surtax provided in section
11(c)’’.
1975—Par. (7). Pub. L. 94–12 substituted ‘‘$50,000’’ for
‘‘$25,000’’ for a limited period. See Effective and Termi-
nation Dates of 1975 Amendment note set out below.
1969—Par. (8). Pub. L. 91–172 added par. (8).
1964—Par. (8). Pub. L. 88–272 struck out par. (8) which
referred to section 1503 for additional tax for corpora-
tions filing consolidated returns.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2022 AMENDMENT
Amendment by Pub. L. 117–169 applicable to taxable
years beginning after Dec. 31, 2022, see section 10101(f)
of Pub. L. 117–169, set out as a note under section 11 of
this title.
EFFECTIVE DATE OF 2017 AMENDMENT
Amendment by section 12001(b)(12) of Pub. L. 115–97
applicable to taxable years beginning after Dec. 31,
2017, see section 12001(c) of Pub. L. 115–97, set out as a
note under section 11 of this title.
Amendment by section 13001(b)(2)(B) of Pub. L. 115–97
applicable to taxable years beginning after Dec. 31,
2017, see section 13001(c)(1) of Pub. L. 115–97, set out as
a note under section 11 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–514 applicable to taxable
years beginning after Dec. 31, 1986, with certain excep-
tions and qualifications, see section 701(f) of Pub. L.
99–514, set out as an Effective Date note under section
55 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–369 not applicable with re-
spect to obligations issued before Jan. 1, 1984, see sec-
tion 475(b) of Pub. L. 98–369, set out as a note under sec-
tion 33 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–600 applicable to taxable
years beginning after Dec. 31, 1978, see section 301(c) of
Pub. L. 95–600, set out as a note under section 11 of this
title.
EFFECTIVE AND TERMINATION DATES OF 1975
AMENDMENT
Amendment by Pub. L. 94–12 applicable to taxable
years ending after Dec. 31, 1974, but to cease to apply
for taxable years ending after Dec. 31, 1975, see section
305(b)(1) of Pub. L. 94–12, set out as a note under section
11 of this title.
EFFECTIVE DATE OF 1969 AMENDMENT
Amendment by Pub. L. 91–172 applicable to taxable
years ending after Dec. 31, 1969, see section 301(c) of
Pub. L. 91–172, set out as a note under section 5 of this
title.
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88–272 applicable to taxable
years beginning after Dec. 31, 1963, see section 234(c) of
Page 65
TITLE 26—INTERNAL REVENUE CODE
§ 15
Pub. L. 88–272, set out as a note under section 1503 of
this title.
APPLICABILITY
OF
CERTAIN
AMENDMENTS
BY
PUBLIC
LAW 99–514 IN RELATION TO TREATY OBLIGATIONS OF
UNITED STATES
For applicability of amendment by Pub. L. 99–514 not-
withstanding any treaty obligation of the United
States in effect on Oct. 22, 1986, see section 1012(aa)(2)
of Pub. L. 100–647, set out as a note under section 861 of
this title.
PART III—CHANGES IN RATES DURING A
TAXABLE YEAR
Sec.
15.
Effect of changes.
Editorial Notes
AMENDMENTS
1984—Pub. L. 98–369, div. A, title IV, § 474(b)(3), July
18, 1984, 98 Stat. 830, substituted ‘‘15. Effect of changes’’
for ‘‘21. Effect of changes’’.
§ 15. Effect of changes
(a) General rule
If any rate of tax imposed by this chapter
changes, and if the taxable year includes the ef-
fective date of the change (unless that date is
the first day of the taxable year), then—
(1) tentative taxes shall be computed by ap-
plying the rate for the period before the effec-
tive date of the change, and the rate for the
period on and after such date, to the taxable
income for the entire taxable year; and
(2) the tax for such taxable year shall be the
sum of that proportion of each tentative tax
which the number of days in each period bears
to the number of days in the entire taxable
year.
(b) Repeal of tax
For purposes of subsection (a)—
(1) if a tax is repealed, the repeal shall be
considered a change of rate; and
(2) the rate for the period after the repeal
shall be zero.
(c) Effective date of change
For purposes of subsections (a) and (b)—
(1) if the rate changes for taxable years ‘‘be-
ginning after’’ or ‘‘ending after’’ a certain
date, the following day shall be considered the
effective date of the change; and
(2) if a rate changes for taxable years ‘‘be-
ginning on or after’’ a certain date, that date
shall be considered the effective date of the
change.
(d) Section not to apply to inflation adjustments
This section shall not apply to any change in
rates under subsection (f) of section 1 (relating
to adjustments in tax tables so that inflation
will not result in tax increases).
(e) References to highest rate
If the change referred to in subsection (a) in-
volves a change in the highest rate of tax im-
posed by section 1 or 11(b), any reference in this
chapter to such highest rate (other than in a
provision imposing a tax by reference to such
rate) shall be treated as a reference to the
weighted average of the highest rates before and
after the change determined on the basis of the
respective portions of the taxable year before
the date of the change and on or after the date
of the change.
(f) Rate reductions enacted by Economic Growth
and Tax Relief Reconciliation Act of 2001
This section shall not apply to any change in
rates under subsection (i) of section 1 (relating
to rate reductions after 2000).
(Aug. 16, 1954, ch. 736, 68A Stat. 12, § 21; Pub. L.
88–272, title I, § 132, Feb. 26, 1964, 78 Stat. 30; Pub.
L. 91–172, title VIII, § 803(e), Dec. 30, 1969, 83 Stat.
685; Pub. L. 92–178, title II, § 205, Dec. 10, 1971, 85
Stat. 511; Pub. L. 94–12, title III, § 305(b)(2), Mar.
29, 1975, 89 Stat. 45; Pub. L. 94–164, § 4(d)(2), Dec.
23, 1975, 89 Stat. 975; Pub. L. 94–455, title IX,
§ 901(c)(2), Oct. 4, 1976, 90 Stat. 1607; Pub. L. 95–30,
title I, § 101(d)(2), May 23, 1977, 91 Stat. 133; Pub.
L. 95–600, title I, § 106, Nov. 6, 1978, 92 Stat. 2776;
Pub. L. 97–34, title I, § 101(d)(3), Aug. 13, 1981, 95
Stat. 184; renumbered § 15, Pub. L. 98–369, div. A,
title IV, § 474(b)(1), July 18, 1984, 98 Stat. 830;
Pub. L. 99–514, title I, § 101(b), Oct. 22, 1986, 100
Stat. 2099; Pub. L. 100–647, title I, § 1006(a), Nov.
10, 1988, 102 Stat. 3393; Pub. L. 107–16, title I,
§ 101(c)(3), June 7, 2001, 115 Stat. 43.)
Editorial Notes
AMENDMENTS
2001—Subsec. (f). Pub. L. 107–16, § 101(c)(3), added sub-
sec. (f).
1988—Subsec. (e). Pub. L. 100–647 added subsec. (e).
1986—Subsec. (d). Pub. L. 99–514 amended subsec. (d)
generally, substituting ‘‘apply to inflation adjust-
ments’’ for ‘‘apply to section 1 rate changes made by
Economic Recovery Tax Act of 1981’’ in heading and
struck out ‘‘section 1 attributable to the amendments
made by section 101 of the Economic Tax Act of 1981
or’’ before ‘‘subsection (f)’’ in text.
1984—Pub. L. 98–369 renumbered section 21 of this
title as this section.
1981—Subsec. (d). Pub. L. 97–34 substituted provisions
that this section shall not apply to any change in rates
under section 1 attributable to the amendments made
by section 101 of the Economic Recovery Tax Act of
1981 or subsec. (f) of section 1 for provisions that had re-
lated to the changes made by section 303(b) of the Tax
Reduction Act of 1975 in the surtax exemption.
Subsecs. (e), (f). Pub. L. 97–34 struck out subsecs. (e)
and (f) which had related, respectively, to changes
made by the Tax Reduction and Simplification Act of
1977 and to changes made by Revenue Act of 1978.
1978—Subsec. (f). Pub. L. 95–600 added subsec. (f).
1977—Subsec. (d). Pub. L. 95–30, § 101(d)(2)(A), (B), re-
designated subsec. (f) as (d). Former subsec. (d), which
directed that, in applying subsec. (a) to a taxable year
of an individual which was not a calendar year, each
change made by the Tax Reform Act of 1969 in part I or
in the application of part IV or V of subchapter B for
purposes of the determination of taxable income should
be treated as a change in a rate of tax, was struck out.
Subsec. (e). Pub. L. 95–30, § 101(d)(2)(A), (C), added sub-
sec. (e). Former subsec. (e), which directed that, in ap-
plying subsec. (a) to a taxable year of an individual
which was not a calendar year, each change made by
the Revenue Act of 1971 in section 141 (relating to the
standard deduction) and section 151 (relating to per-
sonal exemptions) should be treated as a change in a
rate of tax, was struck out.
Subsec. (f). Pub. L. 95–30, § 101(d)(2)(B), redesignated
subsec. (f) as (d).
1976—Subsec. (f). Pub. L. 94–455 substituted ‘‘in the
surtax exemption and any change under section 11(d) in
the surtax exemption’’ for ‘‘and the change made by
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
(1) For tax on the unrelated business income of certain charitable and other corporations exempt from tax under this chapter, see section 511.
(2) For accumulated earnings tax and personal holding company tax, see parts I and II of subchapter G (sec. 531 and following).
(3) For doubling of tax on corporations of certain foreign countries, see section 891.
(4) For rate of withholding in case of foreign corporations, see section 1442.
(5) For alternative minimum tax, see section 55.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 12
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.