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26 U.S.C. § 386 — Untitled legal text
Federal law — U.S. Code and appendices · legal_authorities
Page 1177
TITLE 26—INTERNAL REVENUE CODE
[§§ 391 to 395
1 Period editorially supplied.
1 Editorially supplied. Subpart E of part I added by Pub. L.
101–508 without corresponding amendment of part analysis.
subsection (a) [amending this section] shall apply to in-
struments issued after the date of the enactment of
this Act [Oct. 24, 1992].’’
REGULATIONS NOT TO BE APPLIED RETROACTIVELY
Pub. L. 101–239, title VII, § 7208(a)(2), Dec. 19, 1989, 103
Stat. 2337, provided that: ‘‘Any regulations issued pur-
suant to the authority granted by the amendment
made by paragraph (1) [amending this section] shall
only apply with respect to instruments issued after the
date on which the Secretary of the Treasury or his del-
egate provides public guidance as to the characteriza-
tion of such instruments whether by regulation, ruling,
or otherwise.’’
[PART VII—REPEALED]
[§ 386.
Repealed.
Pub.
L.
100–647,
title
I,
§ 1006(e)(8)(A), Nov. 10, 1988, 102 Stat. 3401]
Section, added Pub. L. 98–369, div. A, title I, § 75(a),
July 18, 1984, 98 Stat. 594; amended Pub. L. 99–514, title
XVIII, § 1805(c)(1), Oct. 22, 1986, 100 Stat. 2810, related to
transfers of partnership and trust interests by corpora-
tions.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal 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 an Effective
Date of 1988 Amendment note under section 1 of this
title.
[§§ 391 to 395. Repealed. Pub. L. 94–455, title XIX,
§ 1901(a)(55), Oct. 4, 1976, 90 Stat. 1773]
Section 391, acts Aug. 16, 1954, ch. 736, 68A Stat. 131;
Sept. 2, 1958, Pub. L. 85–866, title I, § 22(a), 72 Stat. 1620,
r
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 386
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Page 1177
TITLE 26—INTERNAL REVENUE CODE
[§§ 391 to 395
1 Period editorially supplied.
1 Editorially supplied. Subpart E of part I added by Pub. L.
101–508 without corresponding amendment of part analysis.
subsection (a) [amending this section] shall apply to in-
struments issued after the date of the enactment of
this Act [Oct. 24, 1992].’’
REGULATIONS NOT TO BE APPLIED RETROACTIVELY
Pub. L. 101–239, title VII, § 7208(a)(2), Dec. 19, 1989, 103
Stat. 2337, provided that: ‘‘Any regulations issued pur-
suant to the authority granted by the amendment
made by paragraph (1) [amending this section] shall
only apply with respect to instruments issued after the
date on which the Secretary of the Treasury or his del-
egate provides public guidance as to the characteriza-
tion of such instruments whether by regulation, ruling,
or otherwise.’’
[PART VII—REPEALED]
[§ 386.
Repealed.
Pub.
L.
100–647,
title
I,
§ 1006(e)(8)(A), Nov. 10, 1988, 102 Stat. 3401]
Section, added Pub. L. 98–369, div. A, title I, § 75(a),
July 18, 1984, 98 Stat. 594; amended Pub. L. 99–514, title
XVIII, § 1805(c)(1), Oct. 22, 1986, 100 Stat. 2810, related to
transfers of partnership and trust interests by corpora-
tions.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal 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 an Effective
Date of 1988 Amendment note under section 1 of this
title.
[§§ 391 to 395. Repealed. Pub. L. 94–455, title XIX,
§ 1901(a)(55), Oct. 4, 1976, 90 Stat. 1773]
Section 391, acts Aug. 16, 1954, ch. 736, 68A Stat. 131;
Sept. 2, 1958, Pub. L. 85–866, title I, § 22(a), 72 Stat. 1620,
related to effective date of section 301 et seq. of this
title.
Section 392, act Aug. 16, 1954, ch. 736, 68A Stat. 131, re-
lated to effective date of section 331 et seq. of this title.
Section 393, act Aug. 16, 1954, ch. 736, 68A Stat. 132, re-
lated to effective date of section 351 et seq. of this title.
Section 394, act Aug. 16, 1954, ch. 736, 68A Stat. 133, re-
lated to effective date of section 381 et seq. of this title.
Section 395, act Aug. 16, 1954, ch. 736, 68A Stat. 133, re-
lated to special rules for application of this subchapter.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective for taxable years beginning after
Dec. 31, 1976, see section 1901(d) of Pub. L. 94–455, set
out as an Effective Date of 1976 Amendment note under
section 2 of this title.
Subchapter D—Deferred Compensation, Etc.
Part
I.
Pension, profit-sharing, stock bonus plans,
etc.
II.
Certain stock options.
III.1
Rules relating to minimum funding standards
and benefit limitations.1
Editorial Notes
AMENDMENTS
2006—Pub. L. 109–280, title I, § 113(a)(2), Aug. 17, 2006,
120 Stat. 852, added item for part III.
1964—Pub. L. 88–272, title II, § 221(d)(1), Feb. 26, 1964, 78
Stat. 75, substituted ‘‘Certain stock options’’ for ‘‘Mis-
cellaneous provisions’’ in heading to part II.
PART I—PENSION, PROFIT-SHARING,
STOCK BONUS PLANS, ETC.
Subpart
A.
General rule.
B.
Special rules.
C.
Insolvent plans.
D.
Treatment of welfare benefit funds.
E.
Treatment of transfers to retiree health ac-
counts.1
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–141, div. U, title IV, § 401(a)(95), Mar.
23, 2018, 132 Stat. 1188, substituted ‘‘Insolvent plans’’ for
‘‘Special rules for multiemployer plans’’ in heading for
subpart C.
2014—Pub. L. 113–235, div. O, title I, § 108(b)(3)(D), Dec.
16, 2014, 128 Stat. 2789, which directed amendment of the
table of subparts for part I of subchapter D of chapter
1 of the Internal Revenue Code of 1986 by striking the
heading and inserting ‘‘INSOLVENT PLANS’’, could not be
executed as it did not specify the subpart to be amend-
ed.
1984—Pub. L. 98–369, div. A, title V, § 511(d), July 18,
1984, 98 Stat. 862, added heading for subpart D.
1980—Pub. L. 96–364, title II, § 202(b), Sept. 26, 1980, 94
Stat. 1285, added heading for subpart C.
SUBPART A—GENERAL RULE
Sec.
401.
Qualified pension, profit-sharing, and stock
bonus plans.
402.
Taxability of beneficiary of employees’ trust.
402A.
Optional treatment of elective deferrals as
Roth contributions.
403.
Taxation of employee annuities.
404.
Deduction for contributions of an employer to
an employees’ trust or annuity plan and
compensation under a deferred-payment
plan.
404A.
Deduction for certain foreign deferred com-
pensation plans.
[405.
Repealed.]
406.
Employees of foreign affiliates covered by
section 3121(l) agreements.
407.
Certain employees of domestic subsidiaries
engaged in business outside the United
States.
408.
Individual retirement accounts.
408A.
Roth IRAs.
409.
Qualifications for tax credit employee stock
ownership plans.
409A.
Inclusion in gross income of deferred com-
pensation under nonqualified deferred com-
pensation plans.
Editorial Notes
AMENDMENTS
2004—Pub. L. 108–357, title VIII, § 885(c), Oct. 22, 2004,
118 Stat. 1640, added item 409A.
2001—Pub. L. 107–16, title VI, § 617(e)(2), June 7, 2001,
115 Stat. 106, added item 402A.
1997—Pub. L. 105–34, title III, § 302(e), Aug. 5, 1997, 111
Stat. 829, added item 408A.
1986—Pub. L. 99–514, title XVIII, § 1899A(70), Oct. 22,
1986, 100 Stat. 2963, substituted ‘‘Qualifications’’ for
‘‘Qualification’’ in item 409.
1984—Pub. L. 98–369, div. A, title IV, § 491(d)(54),
(e)(10), July 18, 1984, 98 Stat. 852, 853, struck out items
405 and 409, which read ‘‘Qualified bond purchase plans’’
and ‘‘Retirement bonds’’, respectively, and redesig-
nated item 409A as 409.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 98–369, div. A, title I, § 75(a), July 18, 1984, 98 Stat. 594; amended Pub. L. 99–514, title XVIII, § 1805(c)(1), Oct. 22, 1986, 100 Stat. 2810, related to transfers of partnership and trust interests by corporations.
#### Effective Date of Repeal
Repeal 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 an Effective Date of 1988 Amendment note under [section 1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 386
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.