Browse Arkansas Code titles and sections
26 U.S.C. § 854 — Limitations applicable to dividends re-
Federal law — U.S. Code and appendices · legal_authorities
Page 1971
TITLE 26—INTERNAL REVENUE CODE
§ 854
vestment company in a written notice mailed to its
shareholders not later than 60 days after the close of its
taxable year’’ in text, could not be executed to the text
because the words ‘‘so reported by the regulated invest-
ment company in a written statement furnished to
such shareholder’’ already appeared after the subse-
quent general amendment of subsec. (c) by Pub. L.
113–295 which was effective as if included in the provi-
sions of the American Recovery and Reinvestment Tax
Act of 2009 (Pub. L. 111–5, div. B, title I) to which it re-
lates. However, the substitution was executed to the
heading to reflect the probable intent of Congress. See
2014 Amendment note above and Effective Date of 2014
Amendment note below.
Subsec. (d). Pub. L. 111–325, § 301(d)(2), struck out
‘‘and notifying shareholders’’ after ‘‘election’’ in head-
ing and ‘‘and the notice to shareholders required by
subsection (c)’’ after ‘‘subsection (a)’’ in text.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113–295 effective as if included
in the provisions of the American Recovery and Rein-
vestment Tax Act of 2009, Pub. L. 111–5, div. B, title I,
to which such amendment relates, see section 209(k) of
Pub. L. 113–295, set out as a note under section 24 of
this title.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–325 applicable to taxable
years beginning after Dec. 22, 2010, see section 301(h) of
Pub. L. 111–325, set out as a note under section 852 of
this title.
EFFECTIVE DATE
Pub. L. 111–5, div. B, title I, § 1541(c), Feb. 17, 2009, 123
Stat. 362, provided that: ‘‘The amendments made by
this section [enacting this section and amending sec-
tions 54 and 54A of this
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 854
Stored review status: historical_2024_not_currentness_verified. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: ed07d9d28a3e6a489eb07c8090cc7c69ab92e718cc5bb9ffe7c8b3303b136de1. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:usc2024-78725ba2d317f2f8138d671a
Source file: Laws/federal/codes/united-states-code-2024/title-26/section-854-limitations-applicable-to-dividends-re--4364cd3b86.md
Pages: Not recorded – Not recorded
Passage SHA-256: a813254b014c06854a05b0c13b0d2b09b363528f4f538a58da1e6287c48fe992
Source location: USCODE-2024-title26-subtitleA-chap1-subchapM-partI-sec854.pdf
Stored source content
Page 1971
TITLE 26—INTERNAL REVENUE CODE
§ 854
vestment company in a written notice mailed to its
shareholders not later than 60 days after the close of its
taxable year’’ in text, could not be executed to the text
because the words ‘‘so reported by the regulated invest-
ment company in a written statement furnished to
such shareholder’’ already appeared after the subse-
quent general amendment of subsec. (c) by Pub. L.
113–295 which was effective as if included in the provi-
sions of the American Recovery and Reinvestment Tax
Act of 2009 (Pub. L. 111–5, div. B, title I) to which it re-
lates. However, the substitution was executed to the
heading to reflect the probable intent of Congress. See
2014 Amendment note above and Effective Date of 2014
Amendment note below.
Subsec. (d). Pub. L. 111–325, § 301(d)(2), struck out
‘‘and notifying shareholders’’ after ‘‘election’’ in head-
ing and ‘‘and the notice to shareholders required by
subsection (c)’’ after ‘‘subsection (a)’’ in text.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113–295 effective as if included
in the provisions of the American Recovery and Rein-
vestment Tax Act of 2009, Pub. L. 111–5, div. B, title I,
to which such amendment relates, see section 209(k) of
Pub. L. 113–295, set out as a note under section 24 of
this title.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–325 applicable to taxable
years beginning after Dec. 22, 2010, see section 301(h) of
Pub. L. 111–325, set out as a note under section 852 of
this title.
EFFECTIVE DATE
Pub. L. 111–5, div. B, title I, § 1541(c), Feb. 17, 2009, 123
Stat. 362, provided that: ‘‘The amendments made by
this section [enacting this section and amending sec-
tions 54 and 54A of this title] shall apply to taxable
years ending after the date of the enactment of this
Act [Feb. 17, 2009].’’
§ 854. Limitations applicable to dividends re-
ceived from regulated investment company
(a) Capital gain dividend
For purposes of section 1(h)(11) (relating to
maximum rate of tax on dividends) and section
243 (relating to deductions for dividends received
by corporations), a capital gain dividend (as de-
fined in section 852(b)(3)) received from a regu-
lated investment company shall not be consid-
ered as a dividend.
(b) Other dividends
(1) Amount treated as dividend
(A) Deduction under section 243
In any case in which—
(i) a dividend is received from a regu-
lated investment company (other than a
dividend to which subsection (a) applies),
and
(ii) such investment company meets the
requirements of section 852(a) for the tax-
able year during which it paid such divi-
dend,
then, in computing any deduction under sec-
tion 243, there shall be taken into account
only that portion of such dividend reported
by the regulated investment company as eli-
gible for such deduction in written state-
ments furnished to its shareholders and such
dividend shall be treated as received from a
corporation which is not a 20-percent owned
corporation.
(B) Maximum rate under section 1(h)
(i) In general
In any case in which—
(I) a dividend is received from a regu-
lated investment company (other than a
dividend to which subsection (a) applies),
(II) such investment company meets
the requirements of section 852(a) for the
taxable year during which it paid such
dividend, and
(III) the qualified dividend income of
such investment company for such tax-
able year is less than 95 percent of its
gross income,
then, in computing qualified dividend in-
come, there shall be taken into account
only that portion of such dividend reported
by the regulated investment company as
qualified dividend income in written state-
ments furnished to its shareholders.
(ii) Gross income
For purposes of clause (i), in the case of
1 or more sales or other dispositions of
stock or securities, the term ‘‘gross in-
come’’ includes only the excess of—
(I) the net short-term capital gain
from such sales or dispositions, over
(II) the net long-term capital loss from
such sales or dispositions.
(C) Limitations
(i) Subparagraph (a)
The aggregate amount which may be re-
ported as dividends under subparagraph
(A) shall not exceed the aggregate divi-
dends received by the company for the tax-
able year.
(ii) Subparagraph (b)
The aggregate amount which may be re-
ported as qualified dividend income under
subparagraph (B) shall not exceed the sum
of—
(I) the qualified dividend income of the
company for the taxable year, and
(II) the amount of any earnings and
profits which were distributed by the
company for such taxable year and accu-
mulated in a taxable year with respect
to which this part did not apply.
(2) Aggregate dividends
For purposes of this subsection—
(A) In general
In computing the amount of aggregate
dividends received, there shall only be taken
into account dividends received from domes-
tic corporations.
(B) Dividends
For purposes of subparagraph (A), the term
‘‘dividend’’ shall not include any distribu-
tion from—
(i) a corporation which, for the taxable
year of the corporation in which the dis-
tribution is made, or for the next pre-
ceding taxable year of the corporation, is a
Page 1972
TITLE 26—INTERNAL REVENUE CODE
§ 854
corporation exempt from tax under section
501 (relating to certain charitable, etc., or-
ganizations) or section 521 (relating to
farmers’ cooperative associations), or
(ii) a real estate investment trust which,
for the taxable year of the trust in which
the dividend is paid, qualifies under part II
of subchapter M (section 856 and fol-
lowing).
(C) Limitations on dividends from regulated
investment companies
In determining the amount of any dividend
for purposes of this paragraph, a dividend re-
ceived from a regulated investment company
shall be subject to the limitations prescribed
in this section.
(3) Special rule for computing deduction under
section 243
For purposes of subparagraph (A) of para-
graph (1), an amount shall be treated as a divi-
dend for the purpose of paragraph (1) only if a
deduction would have been allowable under
section 243 to the regulated investment com-
pany determined—
(A) as if section 243 applied to dividends re-
ceived by a regulated investment company,
(B) after the application of section 246 (but
without regard to subsection (b) thereof),
and
(C) after the application of section 246A.
(4) Qualified dividend income
For purposes of this subsection, the term
‘‘qualified dividend income’’ has the meaning
given such term by section 1(h)(11)(B).
(Aug. 16, 1954, ch. 736, 68A Stat. 273; Pub. L.
88–272, title II, §§ 201(d)(8)–(10), 229(a)(4), Feb. 26,
1964, 78 Stat. 32, 99; Pub. L. 96–223, title IV,
§ 404(b)(6), Apr. 2, 1980, 94 Stat. 307; Pub. L. 97–34,
title III, § 302(c)(4), (d)(1), Aug. 13, 1981, 95 Stat.
272, 274; Pub. L. 98–369, div. A, title I, §§ 16(a),
52(a)–(c), July 18, 1984, 98 Stat. 505, 564, 565; Pub.
L. 99–514, title VI, §§ 612(b)(6), 655(a)(4), Oct. 22,
1986, 100 Stat. 2250, 2299; Pub. L. 100–203, title X,
§ 10221(d)(3), Dec. 22, 1987, 101 Stat. 1330–409; Pub.
L. 100–647, title I, § 1006(b)(2), Nov. 10, 1988, 102
Stat. 3393; Pub. L. 108–27, title III, § 302(c), May
28, 2003, 117 Stat. 762; Pub. L. 108–311, title IV,
§ 402(a)(5)(A)–(D), Oct. 4, 2004, 118 Stat. 1184; Pub.
L. 111–325, title III, § 301(e), Dec. 22, 2010, 124
Stat. 3544.)
Editorial Notes
AMENDMENTS
2010—Subsec. (b)(1)(A). Pub. L. 111–325, § 301(e)(1)(A),
in concluding provisions, substituted ‘‘reported by the
regulated investment company as eligible for such de-
duction in written statements furnished to its share-
holders’’ for ‘‘designated under this subparagraph by
the regulated investment company’’.
Subsec. (b)(1)(B)(i). Pub. L. 111–325, § 301(e)(1)(B), in
concluding provisions, substituted ‘‘reported by the
regulated investment company as qualified dividend in-
come in written statements furnished to its share-
holders’’ for ‘‘designated by the regulated investment
company’’.
Subsec. (b)(1)(C)(i). Pub. L. 111–325, § 301(e)(1)(C), sub-
stituted ‘‘reported’’ for ‘‘designated’’.
Subsec. (b)(1)(C)(ii). Pub. L. 111–325, § 301(e)(1)(D), sub-
stituted ‘‘reported’’ for ‘‘designated’’ in introductory
provisions.
Subsec. (b)(2) to (5). Pub. L. 111–325, § 301(e)(2), redes-
ignated pars. (3) to (5) as (2) to (4), respectively, and
struck out former par. (2). Prior to amendment, text
read as follows: ‘‘The amount of any distribution by a
regulated investment company which may be taken
into account as qualified dividend income for purposes
of section 1(h)(11) and as dividends for purposes of the
deduction under section 243 shall not exceed the
amount so designated by the company in a written no-
tice to its shareholders mailed not later than 60 days
after the close of its taxable year.’’
2004—Subsec.
(b)(1)(B)(i).
Pub.
L.
108–311,
§ 402(a)(5)(A)(ii), reenacted heading without change and
amended text generally. Prior to amendment, text read
as follows: ‘‘If the aggregate dividends received by a
regulated investment company during any taxable year
are less than 95 percent of its gross income, then, in
computing the maximum rate under section 1(h)(11),
rules similar to the rules of subparagraph (A) shall
apply.’’
Subsec.
(b)(1)(B)(iii),
(iv).
Pub.
L.
108–311,
§ 402(a)(5)(A)(i), struck out cls. (iii) and (iv) which re-
lated to dividends from real estate investment trusts
and dividends from qualified foreign corporations, re-
spectively.
Subsec. (b)(1)(C). Pub. L. 108–311, § 402(a)(5)(B), amend-
ed heading and text of subpar. (C) generally. Prior to
amendment, text read as follows: ‘‘The aggregate
amount which may be designated as dividends under
subparagraph (A) or (B) shall not exceed the aggregate
dividends received by the company for the taxable
year.’’
Subsec. (b)(2). Pub. L. 108–311, § 402(a)(5)(C), sub-
stituted ‘‘as qualified dividend income for purposes of
section 1(h)(11) and as dividends for purposes of’’ for ‘‘as
a dividend for purposes of the maximum rate under sec-
tion 1(h)(11) and’’.
Subsec. (b)(5). Pub. L. 108–311, § 402(a)(5)(D), amended
heading and text of par. (5) generally. Prior to amend-
ment, text read as follows: ‘‘For purposes of paragraph
(1)(B), an amount shall be treated as a dividend only if
the amount is qualified dividend income (within the
meaning of section 1(h)(11)(B)).’’
2003—Subsec. (a). Pub. L. 108–27, § 302(c)(1), inserted
‘‘section 1(h)(11) (relating to maximum rate of tax on
dividends) and’’ after ‘‘For purposes of’’.
Subsec. (b)(1)(B). Pub. L. 108–27, § 302(c)(2), added sub-
par. (B). Former subpar. (B) redesignated (C).
Subsec. (b)(1)(C). Pub. L. 108–27, § 302(c)(2), (3), redesig-
nated subpar. (B) as (C) and substituted ‘‘subparagraph
(A) or (B)’’ for ‘‘subparagraph (A)’’.
Subsec. (b)(2). Pub. L. 108–27, § 302(c)(4), inserted ‘‘the
maximum rate under section 1(h)(11) and’’ after ‘‘for
purposes of’’.
Subsec. (b)(5). Pub. L. 108–27, § 302(c)(5), added par. (5).
1988—Subsec. (b)(3). Pub. L. 100–647 substituted ‘‘Ag-
gregate dividends’’ for ‘‘Definitions’’ in heading and
amended text generally, substituting subpars. (A) to (C)
for former subpars. (A) and (B).
1987—Subsec. (b)(1)(A). Pub. L. 100–203 inserted ‘‘and
such dividend shall be treated as received from a cor-
poration which is not a 20-percent owned corporation’’
before period at end.
1986—Subsec. (a). Pub. L. 99–514, § 612(b)(6)(A), which
directed that ‘‘section 116 (relating to an exclusion for
dividends received by individuals), and’’ be struck out,
was executed by striking out ‘‘section 116 (relating to
an exclusion for dividends received by individuals) and’’
before ‘‘section 243’’ as the probable intent of Congress.
Subsec. (b)(1)(B), (C). Pub. L. 99–514, § 612(b)(6)(B)(i),
(ii), redesignated subpar. (C) as (B), struck out ‘‘or (B)’’
before ‘‘shall not exceed’’, and struck out former sub-
par. (B), exclusion under section 116, which read as fol-
lows: ‘‘If the aggregate dividends received by a regu-
lated investment company during any taxable year are
less than 95 percent of its gross income, then, in com-
puting the exclusion under section 116, rules similar to
the rules of subparagraph (A) shall apply.’’
Subsec. (b)(2). Pub. L. 99–514, § 655(a)(4), substituted
‘‘60 days’’ for ‘‘45 days’’.
Page 1973
TITLE 26—INTERNAL REVENUE CODE
§ 854
Pub. L. 99–514, § 612(b)(6)(B)(iii), struck out ‘‘the ex-
clusion under section 116 and’’ before ‘‘the deduction
under section 243’’.
Subsec. (b)(3)(B). Pub. L. 99–514, § 612(b)(6)(B)(iv),
amended subpar. (B) generally. Prior to amendment,
subpar. (B) read as follows: ‘‘The term ‘aggregate divi-
dends received’ includes only dividends received from
domestic corporations other than dividends described
in section 116(b) (relating to dividends excluded from
gross income). In determining the amount of any divi-
dend for purposes of this subparagraph, the rules pro-
vided in section 116(c) (relating to certain distribu-
tions) shall apply.’’
1984—Subsec. (b). Pub. L. 98–369, § 16(a), repealed
amendments made by Pub. L. 97–34, § 302(c). See 1981
Amendment note below.
Subsec. (b)(1). Pub. L. 98–369, § 52(a), increased the re-
quired amount of dividends by substituting provisions
directing that in any case in which (i) a dividend is re-
ceived from a regulated investment company (other
than a dividend to which subsection (a) applies), and
(ii) such investment company meets the requirements
of section 852(a) for the taxable year during which it
paid such dividend, then, in computing any deduction
under section 243, there shall be taken into account
only that portion of such dividend thus designated by
the regulated investment company, that if the aggre-
gate dividends received by a regulated investment com-
pany during any taxable year are less than 95 percent
of its gross income, then, in computing the exclusion
under section 116, similar rules applied, and that the
aggregate amount which may be designated thus divi-
dends shall not exceed the aggregate dividends received
by the company for the taxable year for provisions
which had directed that in the case of a dividend re-
ceived from a regulated investment company (other
than a dividend to which subsection (a) applied) (A) if
such investment company met the requirements of sec-
tion 852(a) for the taxable year during which it paid
such dividend; and (B) the aggregate dividends received
by such company during such taxable year were less
than 75 percent of its gross income, then, in computing
the exclusion under section 116 and the deduction under
section 243, there was taken into account only that por-
tion of the dividend which bore the same ratio to the
amount of such dividend as the aggregate dividends re-
ceived by such company during such taxable year to its
gross income for such taxable year.
Subsec. (b)(3)(A). Pub. L. 98–369, § 52(c), substituted
provisions directing that in the case of 1 or more sales
or other dispositions of stock and securities, the term
‘‘gross income’’ include only the excess of (i) the net
short-term capital gain from such sales or dispositions,
over (ii) the net long-term capital loss from such sales
or dispositions for provisions which had directed that
the term ‘‘gross income’’ not include gain from the sale
or other disposition of stock or securities.
Subsec. (b)(4). Pub. L. 98–369, § 52(b), added par. (4).
1981—Subsec. (b). Pub. L. 97–34, § 302(c)(4), (d)(1), pro-
vided for general amendment of subsec. (b) so as to in-
clude provisions relating to taxable interest described
in section 128 of this title, applicable to taxable years
beginning after Dec. 31, 1984. Section 16(a) of Pub. L.
98–369, repealed section 302(c) of Pub. L. 97–34, and pro-
vided that this title shall be applied and administered
as if section 302(c), and the amendments made by sec-
tion 302(c), had not been enacted.
1980—Subsec. (b). Pub. L. 96–223, § 404(b)(6), tempo-
rarily substituted ‘‘Other dividends and taxable inter-
est’’ for ‘‘Other dividends’’ in heading, substituted ‘‘De-
duction under section 243’’ for ‘‘General rule’’ in head-
ing for par. (1), struck out ‘‘the exclusion under section
116 and’’ after ‘‘in computing’’ in text of par. (1) fol-
lowing subpar. (B), added par. (2), redesignated former
pars. (2) and (3) as (3) and (4), respectively, and, in par.
(4) as so redesignated, substituted ‘‘116(b)(2)’’ for
‘‘116(b)’’ and ‘‘116(c)(2)’’ for ‘‘116(c)’’ in subpar. (B) and
added subpar. (C).
1964—Subsec. (a). Pub. L. 88–272, § 201(d)(8), struck out
‘‘section 34(a) (relating to credit for dividends received
by individuals),’’ before ‘‘section 116’’ and the comma
before ‘‘and’’.
Subsec. (b). Pub. L. 88–272, §§ 201(d)(9), (10), 229(a)(4),
substituted ‘‘45 days’’ for ‘‘30 days’’ in par. (2), and
struck out ‘‘the credit under section 34(a),’’ before ‘‘the
exclusion’’ in par. (1), and ‘‘the credit under section
34,’’ before ‘‘the exclusion’’ in par. (2).
Statutory Notes and Related Subsidiaries
EFFECTIVE AND TERMINATION DATES OF 2010
AMENDMENT
Amendment by Pub. L. 111–325 applicable to taxable
years beginning after Dec. 22, 2010, see section 301(h) of
Pub. L. 111–325, set out as an Effective Date of 2010
Amendment note under section 852 of this title.
Pub. L. 111–325, title III, § 301(i), Dec. 22, 2010, 124 Stat.
3547, provided that: ‘‘Section 303 of the Jobs and
Growth Tax Relief Reconciliation Act of 2003 [Pub. L.
108–27, which was repealed by Pub. L. 112–240, title I,
§ 102(a), Jan. 2, 2013, 126 Stat. 2318, was formerly set out
as an Effective and Termination Dates of 2003 Amend-
ment note under section 1 of this title] shall apply to
the amendments made by subparagraphs (B) and (D) of
subsection (e)(1) [amending this section] to the same
extent and in the same manner as section 303 of such
Act applies to the amendments made by section 302 of
such Act [amending this section and sections 1, 163, 301,
306, 338, 467, 531, 541, 584, 702, 857, 1255, and 1257 of this
title and repealing section 341 of this title].’’
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108–311 effective as if included
in section 302 of the Jobs and Growth Tax Relief Rec-
onciliation Act of 2003, Pub. L. 108–27, see section 402(b)
of Pub. L. 108–311, set out a note under section 1 of this
title.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–27 applicable, except as
otherwise provided, to taxable years beginning after
Dec. 31, 2002, see section 302(f) of Pub. L. 108–27, set out
as an Effective and Termination Dates of 2003 Amend-
ment note under section 1 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–647 effective, except as
otherwise provided, as if included in the provision of
the Tax Reform Act of 1986, Pub. L. 99–514, to which
such amendment relates, see section 1019(a) of Pub. L.
100–647, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100–203 applicable to dividends
received or accrued after Dec. 31, 1987, in taxable years
ending after such date, see section 10221(e)(1) of Pub. L.
100–203, set out as a note under section 243 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 612(b)(6) of Pub. L. 99–514 ap-
plicable to taxable years beginning after Dec. 31, 1986,
see section 612(c) of Pub. L. 99–514, set out as a note
under section 301 of this title.
Amendment by section 655(a)(4) of Pub. L. 99–514 ap-
plicable to taxable years beginning after Oct. 22, 1986,
see section 655(b) of Pub. L. 99–514, set out as a note
under section 852 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 16(a) of Pub. L. 98–369 applica-
ble to taxable years ending after Dec. 31, 1983, see sec-
tion 18(a) of Pub. L. 98–369, set out as a note under sec-
tion 48 of this title.
Pub. L. 98–369, div. A, title I, § 52(d), July 18, 1984, 98
Stat. 565, provided that: ‘‘The amendments made by
this section [amending this section] shall apply to tax-
able years of regulated investment companies begin-
ning after the date of the enactment of this Act [July
18, 1984].’’
Page 1974
TITLE 26—INTERNAL REVENUE CODE
§ 855
EFFECTIVE AND TERMINATION DATES OF 1980
AMENDMENT
Amendment by Pub. L. 96–223 applicable with respect
to taxable years beginning after Dec. 31, 1980, and be-
fore Jan. 1, 1982, see section 404(c) of Pub. L. 96–223, set
out as a note under section 265 of this title.
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by section 201(d)(8)–(10) of Pub. L. 88–272
applicable to dividends received after Dec. 31, 1964, in
taxable years ending after such date, see section 201(e)
of Pub. L. 88–272, set out as a note under section 22 of
this title.
Amendment by section 229(a)(4) of Pub. L. 88–272 ap-
plicable to taxable years of regulated investment com-
panies ending on or after Feb. 26, 1964, see section 229(c)
of Pub. L. 88–272, set out as a note under section 852 of
this title.
QUALIFIED DIVIDEND NOTICE PERIOD
Pub. L. 108–311, title IV, § 402(a)(5)(F), Oct. 4, 2004, 118
Stat. 1185, provided that: ‘‘With respect to any taxable
year of a regulated investment company or real estate
investment trust ending on or before November 30, 2003,
the period for providing notice of the qualified dividend
amount to shareholders under [former, as to 854(b)(2)]
sections 854(b)(2) and 857(c)(2)(C) of the Internal Rev-
enue Code of 1986, as amended by this section, shall not
expire before the date on which the statement under
section 6042(c) of such Code is required to be furnished
with respect to the last calendar year beginning in such
taxable year.’’
§ 855. Dividends paid by regulated investment
company after close of taxable year
(a) General rule
For purposes of this chapter, if a regulated in-
vestment company—
(1) declares a dividend on or before the later
of—
(A) the 15th day of the 9th month following
the close of the taxable year, or
(B) in the case of an extension of time for
filing the company’s return for the taxable
year, the due date for filing such return tak-
ing into account such extension, and
(2) distributes the amount of such dividend
to shareholders in the 12-month period fol-
lowing the close of such taxable year and not
later than the date of the first dividend pay-
ment of the same type of dividend made after
such declaration,
the amount so declared and distributed shall, to
the extent the company elects in such return in
accordance with regulations prescribed by the
Secretary, be considered as having been paid
during such taxable year, except as provided in
subsections (b) and (c). For purposes of para-
graph (2), a dividend attributable to any short-
term capital gain with respect to which a notice
is required under the Investment Company Act
of 1940 shall be treated as the same type of divi-
dend as a capital gain dividend.
(b) Receipt by shareholder
Except
as
provided
in
section
852(b)(7),
amounts to which subsection (a) is applicable
shall be treated as received by the shareholder
in the taxable year in which the distribution is
made.
(c) Foreign tax election
If an investment company to which section 853
is applicable for the taxable year makes a dis-
tribution as provided in subsection (a) of this
section, the shareholders shall consider the
amounts described in section 853(b)(2) allocable
to such distribution as paid or received, as the
case may be, in the taxable year in which the
distribution is made.
(Aug. 16, 1954, ch. 736, 68A Stat. 274; Pub. L.
86–779, § 10(b)(2), Sept. 14, 1960, 74 Stat. 1009; Pub.
L. 88–272, title II, § 229(a)(5), Feb. 26, 1964, 78 Stat.
99; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct.
4, 1976, 90 Stat. 1834; Pub. L. 99–514, title VI,
§§ 651(b)(1)(B), 655(a)(5), Oct. 22, 1986, 100 Stat.
2296, 2299; Pub. L. 100–647, title I, § 1006(l)(1)(B),
Nov. 10, 1988, 102 Stat. 3413; Pub. L. 111–325, title
III, §§ 301(g), 304(a)–(c), Dec. 22, 2010, 124 Stat.
3547–3549; Pub. L. 113–295, div. A, title II, § 205(b),
Dec. 19, 2014, 128 Stat. 4026.)
Editorial Notes
REFERENCES IN TEXT
The Investment Company Act of 1940, referred to in
subsec. (a), is title I of act Aug. 22, 1940, ch. 686, 54 Stat.
789, which is classified generally to subchapter I (§ 80a–1
et seq.) of chapter 2D of Title 15, Commerce and Trade.
For complete classification of this Act to the Code, see
section 80a–51 of Title 15 and Tables.
AMENDMENTS
2014—Subsec. (a)(1). Pub. L. 113–295 inserted ‘‘on or’’
before ‘‘before’’ in introductory provisions.
2010—Subsec. (a). Pub. L. 111–325, § 304(c), in con-
cluding provisions, inserted at end ‘‘For purposes of
paragraph (2), a dividend attributable to any short-
term capital gain with respect to which a notice is re-
quired under the Investment Company Act of 1940 shall
be treated as the same type of dividend as a capital
gain dividend.’’
Pub. L. 111–325, § 301(g)(2), substituted ‘‘and (c)’’ for
‘‘, (c) and (d)’’ in concluding provisions.
Subsec. (a)(1). Pub. L. 111–325, § 304(a), amended par.
(1) generally. Prior to amendment, par. (1) read as fol-
lows: ‘‘declares a dividend prior to the time prescribed
by law for the filing of its return for a taxable year (in-
cluding the period of any extension of time granted for
filing such return), and’’.
Subsec. (a)(2). Pub. L. 111–325, § 304(b), substituted
‘‘the first dividend payment of the same type of divi-
dend’’ for ‘‘the first regular dividend payment’’.
Subsecs. (c), (d). Pub. L. 111–325, § 301(g)(1), redesig-
nated subsec. (d) as (c) and struck out former subsec.
(c). Text of former subsec. (c) read as follows: ‘‘In the
case of amounts to which subsection (a) is applicable,
any notice to shareholders required under this part
with respect to such amounts shall be made not later
than 60 days after the close of the taxable year in
which the distribution is made.’’
1988—Subsec. (b). Pub. L. 100–647 substituted ‘‘section
852(b)(7)’’ for ‘‘section 852(b)(6)’’.
1986—Subsec. (b). Pub. L. 99–514, § 651(b)(1)(B), sub-
stituted ‘‘Except as provided in section 852(b)(6),
amounts’’ for ‘‘Amounts’’.
Subsec. (c). Pub. L. 99–514, § 655(a)(5), substituted ‘‘60
days’’ for ‘‘45 days’’.
1976—Subsec. (a). Pub. L. 94–455 struck out ‘‘or his
delegate’’ after ‘‘Secretary’’.
1964—Subsec. (c). Pub. L. 88–272 substituted ‘‘45 days’’
for ‘‘30 days’’.
1960—Subsec. (c). Pub. L. 86–779 substituted ‘‘this
part’’ for ‘‘this subchapter’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113–295 effective as if included
in the provision of the Regulated Investment Company
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Capital gain dividend** For purposes of section 1(h)(11) (relating to maximum rate of tax on dividends) and section 243 (relating to deductions for dividends received by corporations), a capital gain dividend (as defined in section 852(b)(3)) received from a regulated investment company shall not be considered as a dividend.
**(b) Other dividends**
(1) **Amount treated as dividend**
(A) *Deduction under section 243* — In any case in which—
(i) a dividend is received from a regulated investment company (other than a dividend to which subsection (a) applies), and
(ii) such investment company meets the requirements of section 852(a) for the taxable year during which it paid such dividend,
then, in computing any deduction under section 243, there shall be taken into account only that portion of such dividend reported by the regulated investment company as eligible for such deduction in written statements furnished to its shareholders and such dividend shall be treated as received from a corporation which is not a 20-percent owned corporation.
(B) *Maximum rate under section 1(h)*
(i) *In general* — In any case in which—
(I) a dividend is received from a regulated investment company (other than a dividend to which subsection (a) applies),
(II) such investment company meets the requirements of section 852(a) for the taxable year during which it paid such dividend, and
(III) the qualified dividend income of such investment company for such taxable year is less than 95 percent of its gross income,
then, in computing qualified dividend income, there shall be taken into account only that portion of such dividend reported by the regulated investment company as qualified dividend income in written statements furnished to its
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 854
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.