§ 162 Trade or business expenses

OLRC 119-134 · eCFR 2026-10-19 · 34 regs · 40 amending Acts · cited by 33 sections

Enacted 1954 · Act Aug. 16, 1954, ch. 736 Amended · 40 Acts · From 1939 Code § 23(a)(1)(A), (B)

Connections Cited by 33 · Cites 30
+21 more
§ 162 Trade or business expenses
§ 1.162-1 Business expenses.§ 1.162-2 Traveling expenses.§ 1.162-3 Materials and supplies.§ 1.162-4 Repairs.§ 1.162-5 Expenses for education.§ 1.162-7 Compensation for personal services.§ 1.162-8 Treatment of excessive compensation.§ 1.162-9 Bonuses to employees.§ 1.162-10 Certain employee benefits.§ 1.162-10T Questions and answers relating to the deduction of employee benefits under the Tax Reform Act of 1984; certain limits on amounts deductible (temporary).§ 1.162-11 Rentals.§ 1.162-12 Expenses of farmers.§ 1.162-13 Depositors' guaranty fund.§ 1.162-14 Expenditures for advertising or promotion of good will.§ 1.162-15 Contributions, dues, etc.§ 1.162-16 Cross reference.§ 1.162-17 Reporting and substantiation of certain business expenses of employees.§ 1.162-18 Illegal bribes and kickbacks.§ 1.162-19 Capital contributions to Federal National Mortgage Association.§ 1.162-20 Expenditures attributable to lobbying, political campaigns, attempts to influence legislation, etc., and certain advertising.§ 1.162-21 Denial of deduction for certain fines, penalties, and other amounts.§ 1.162-22 Treble damage payments under the antitrust laws.§ 1.162-24 Travel expenses of state legislators.§ 1.162-25 Deductions with respect to noncash fringe benefits.§ 1.162-25T Deductions with respect to noncash fringe benefits (temporary).§ 1.162-27 Certain employee remuneration in excess of $1,000,000 not deductible for taxable years beginning on or after January 1, 1994, and for taxable years beginning prior to January 1, 2018.§ 1.162-28 Allocation of costs to lobbying activities.§ 1.162-29 Influencing legislation.§ 1.162-31 The $500,000 deduction limitation for remuneration provided by certain health insurance providers.§ 1.162-32 Expenses paid or incurred for lodging when not traveling away from home.§ 1.162-33 Certain employee remuneration in excess of $1,000,000 not deductible for taxable years beginning after December 31, 2017.Prop. § 1.162-30 Proposed 2004 · Notional principal contract payments.Prop. § 1.162-6 Proposed 2011 · [Removed]Prop. § 1.162-31 Proposed 2012 · Expenses paid or incurred for lodging when not traveling away from home.Prop. § 1.162-31 Proposed 2016 · The $500,000 deduction limitation for remuneration provided by certain health insurance providers.Prop. § 1.162-25T Proposed 2018 · [Amended]Prop. § 1.162-21 Proposed 2020 · Denial of deduction for certain fines, penalties, and other amounts.Prop. § 1.162-33 Proposed 2025 · Certain employee remuneration in excess of $1,000,000 not deductible for taxable years beginning after December 31, 2017.

Cases: Indopco, Inc. v. Commissioner, 503 U.S. 79 (1992); United States v. Correll, 389 U.S. 299 (1967); Commissioner v. Tellier, 383 U.S. 687 (1966)

Final rules 17

    (a) In general There shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business, including—

    Amended 1976, 1981, 1982, 1992, 1997, 1998, 2010, 2011, 2017
    • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13311(a), struck out “in excess of $3,000” after “income tax purposes” in concluding provisions.
    • 2011 Pub. L. 112-10 Pub. L. 112–10 struck out last sentence in concluding provisions which read as follows: “For purposes of paragraph (1), the amount of a free choice voucher provided under section 10108 of the Patient Protection and Affordable Care Act shall be treated as an amount for compensation for personal services actually rendered.”
    • 2010 Pub. L. 111-148 Pub. L. 111–148, § 10108(g)(1), inserted at end of concluding provisions “For purposes of paragraph (1), the amount of a free choice voucher provided under section 10108 of the Patient Protection and Affordable Care Act shall be treated as an amount for compensation for personal services actually rendered.”
    • 1998 Pub. L. 105-206 Pub. L. 105–206, in last sentence, substituted “investigate or prosecute, or provide support services for the investigation or prosecution of, a Federal crime.” for “investigate, or provide support services for the investigation of, a Federal crime.”
    • 1997 Pub. L. 105-34 Pub. L. 105–34, § 1204(a), inserted at end of concluding provisions “The preceding sentence shall not apply to any Federal employee during any period for which such employee is certified by the Attorney General (or the designee thereof) as traveling on behalf of the United States in temporary duty status to investigate, or provide support services for the investigation of, a Federal crime.”
    • 1992 Pub. L. 102-486 Pub. L. 102–486 inserted at end “For purposes of paragraph (2), the taxpayer shall not be treated as being temporarily away from home during any period of employment if such period exceeds 1 year.”
    • 1982 Pub. L. 97-216 Pub. L. 97–216 inserted provisions under which amounts expended by Members of Congress within each taxable year for living expenses shall not be deductible for income tax purposes in excess of $3,000.
    • 1981 Pub L. 97–51 struck out provisions under which amounts expended by Members of Congress within each taxable year for living expenses could not be deductible for income tax purposes in excess of $3,000.
    • 1976 Pub. L. 94-455 Pub. L. 94–455, § 1901(c)(4), struck out reference to Territory in provisions following par. (3).
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      (1) a reasonable allowance for salaries or other compensation for personal services actually rendered;

      Cited by 2

        (2) traveling expenses (including amounts expended for meals and lodging other than amounts which are lavish or extravagant under the circumstances) while away from home in the pursuit of a trade or business; and

        Amended 1962
        • 1962 Pub. L. 87-834 Pub. L. 87–834, § 4(b), substituted “(including amounts expended for meals and lodging other than amounts which are lavish or extravagant under the circumstances)” for “including the entire amount expended for meals and lodging)”.
        Cited by 17

          (3) rentals or other payments required to be made as a condition to the continued use or possession, for purposes of the trade or business, of property to which the taxpayer has not taken or is not taking title or in which he has no equity.

          For purposes of the preceding sentence, the place of residence of a Member of Congress (including any Delegate and Resident Commissioner) within the State, congressional district, or possession which he represents in Congress shall be considered his home, but amounts expended by such Members within each taxable year for living expenses shall not be deductible for income tax purposes. For purposes of paragraph (2), the taxpayer shall not be treated as being temporarily away from home during any period of employment if such period exceeds 1 year. The preceding sentence shall not apply to any Federal employee during any period for which such employee is certified by the Attorney General (or the designee thereof) as traveling on behalf of the United States in temporary duty status to investigate or prosecute, or provide support services for the investigation or prosecution of, a Federal crime.

          (b) Charitable contributions and gifts excepted No deduction shall be allowed under subsection (a) for any contribution or gift which would be allowable as a deduction under section 170 were it not for the percentage limitations, the dollar limitations, or the requirements as to the time of payment, set forth in such section.

          Amended 1960
          • 1960 Pub. L. 86-779 Pub. L. 86–779, § 7(b), inserted “the dollar limitations,” after “the percentage limitations,”.

          (c) Illegal bribes, kickbacks, and other payments

          Amended 1958, 1969, 1971, 1976
          • 1976 Pub. L. 94-455 Pub. L. 94–455, § 1906(b)(13)(A), struck out in pars. (1) and (2) “or his delegate” after “Secretary”.
          • 1971 Pub. L. 92-178 Pub. L. 92–178, § 310(a)(2), substituted “Illegal bribes, kickbacks, and other payments” for “Bribes and illegal kickbacks” in heading.
          • 1969 Pub. L. 91-172 Pub. L. 91–172, § 902(b), designated existing provisions as par. (1), extended the applicability of nondeductible expenses for payments to any official or employee of any government, or of any agency or instrumentality of any government, and added pars. (2) and (3).
          • 1958 Pub. L. 85-866 Pub. L. 85–866, § 5(a), added subsec. (c) and redesignated former subsec. (c) as (d).
          Cited by 15

            (1) Illegal payments to government officials or employees No deduction shall be allowed under subsection (a) for any payment made, directly or indirectly, to an official or employee of any government, or of any agency or instrumentality of any government, if the payment constitutes an illegal bribe or kickback or, if the payment is to an official or employee of a foreign government, the payment is unlawful under the Foreign Corrupt Practices Act of 1977. The burden of proof in respect of the issue, for the purposes of this paragraph, as to whether a payment constitutes an illegal bribe or kickback (or is unlawful under the Foreign Corrupt Practices Act of 1977) shall be upon the Secretary to the same extent as he bears the burden of proof under section 7454 (concerning the burden of proof when the issue relates to fraud).

            Amended 1982
            • 1982 Pub. L. 97-248 Pub. L. 97–248, § 288(a), substituted “is unlawful under the Foreign Corrupt Practices Act of 1977” for “would be unlawful under the laws of the United States if such laws were applicable to such payment and to such official or employee” after “government, the payment”, and “(or is unlawful under the Foreign Corrupt Practices Act of 1977)” for “(or would be unlawful under the laws of the United States)” before “shall be upon the Secretary”.
            Cited by 3

              (2) Other illegal payments No deduction shall be allowed under subsection (a) for any payment (other than a payment described in paragraph (1)) made, directly or indirectly, to any person, if the payment constitutes an illegal bribe, illegal kickback, or other illegal payment under any law of the United States, or under any law of a State (but only if such State law is generally enforced), which subjects the payor to a criminal penalty or the loss of license or privilege to engage in a trade or business. For purposes of this paragraph, a kickback includes a payment in consideration of the referral of a client, patient, or customer. The burden of proof in respect of the issue, for purposes of this paragraph, as to whether a payment constitutes an illegal bribe, illegal kickback, or other illegal payment shall be upon the Secretary to the same extent as he bears the burden of proof under section 7454 (concerning the burden of proof when the issue relates to fraud).

              Amended 1971
              • 1971 Pub. L. 92-178 Pub. L. 92–178, § 310(a)(1), substituted provisions respecting “Other illegal payments” for former provisions on “Other bribes or kickbacks” reading “If in a criminal proceeding a taxpayer is convicted of making a payment (other than a payment described in paragraph (1) which is an illegal bribe or kickback, or his plea of guilty or nolo contendere to an indictment or information charging the making of such a payment is entered or accepted in such a proceeding, no deduction shall be allowed under subsection (a) on account of such payment or any related payment made prior to the date of the final judgment in such proceeding.”
              Cited by 2

                (3) Kickbacks, rebates, and bribes under medicare and medicaid No deduction shall be allowed under subsection (a) for any kickback, rebate, or bribe made by any provider of services, supplier, physician, or other person who furnishes items or services for which payment is or may be made under the Social Security Act, or in whole or in part out of Federal funds under a State plan approved under such Act, if such kickback, rebate, or bribe is made in connection with the furnishing of such items or services or the making or receipt of such payments. For purposes of this paragraph, a kickback includes a payment in consideration of the referral of a client, patient, or customer.

                Amended 1971
                • 1971 Pub. L. 92-178 Pub. L. 92–178, § 310(a)(1), substituted provisions respecting kickbacks, rebates, and bribes under medicare and medicaid for former statute of limitations provisions.

                (d) Capital contributions to Federal National Mortgage Association For purposes of this subtitle, whenever the amount of capital contributions evidenced by a share of stock issued pursuant to section 303(c) of the Federal National Mortgage Association Charter Act (12 U.S.C., sec. 1718) exceeds the fair market value of the stock as of the issue date of such stock, the initial holder of the stock shall treat the excess as ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business.

                Amended 1958, 1960
                • 1960 Pub. L. 86-779 Pub. L. 86–779, § 8(a), added subsec. (d) and redesignated former subsec. (d) as (e).
                • 1958 Pub. L. 85-866 Pub. L. 85–866, § 5(a), added subsec. (c) and redesignated former subsec. (c) as (d).
                Cited by 3

                  (e) Denial of deduction for certain lobbying and political expenditures

                  Amended 1960, 1962, 1993, 2017
                  • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13308(a), redesignated pars. (3) to (6) and (8) as (2) to (6), respectively, and struck out former par. (2) relating to exception for local legislation and par. (7) relating to special rule for Indian tribal governments.
                  • 1993 Pub. L. 103-66 Pub. L. 103–66, § 13222(a), amended heading and text generally. Prior to amendment, text consisted of pars. (1) and (2) relating to deduction of ordinary and necessary expenses paid or incurred in connection with certain activities relating to congressional, State, and local legislation.
                  • 1962 Pub. L. 87-834 Pub. L. 87–834, § 3(a), added subsec. (e) and redesignated former subsec. (e) as (f).
                  • 1960 Pub. L. 86-779 Pub. L. 86–779, § 8(a), added subsec. (d) and redesignated former subsec. (d) as (e).
                  Cited by 5

                    (1) In general No deduction shall be allowed under subsection (a) for any amount paid or incurred in connection with—

                    “for any amount paid or incurred in connection with—” Opening words
                    Textual readingANY OF= no deduction allowed under subsection (a)Gate Wizard 🧙

                    (B) participation in, or intervention in, any political campaign on behalf of (or in opposition to) any candidate for public office,

                    (C) any attempt to influence the general public, or segments thereof, with respect to elections, legislative matters, or referendums, or

                    (D) any direct communication with a covered executive branch official in an attempt to influence the official actions or positions of such official.

                    Cited by 3
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                        (2) Application to dues of tax-exempt organizations No deduction shall be allowed under subsection (a) for the portion of dues or other similar amounts paid by the taxpayer to an organization which is exempt from tax under this subtitle which the organization notifies the taxpayer under section 6033(e)(1)(A)(ii) is allocable to expenditures to which paragraph (1) applies.

                        Amended 2017
                        • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13308(a), redesignated pars. (3) to (6) and (8) as (2) to (6), respectively, and struck out former par. (2) relating to exception for local legislation and par. (7) relating to special rule for Indian tribal governments.
                        Cited by 1

                          (3) Influencing legislation For purposes of this subsection—

                          Amended 2017
                          • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13308(a), redesignated pars. (3) to (6) and (8) as (2) to (6), respectively, and struck out former par. (2) relating to exception for local legislation and par. (7) relating to special rule for Indian tribal governments.
                          Cited by 1

                            (A) In general The term “influencing legislation” means any attempt to influence any legislation through communication with any member or employee of a legislative body, or with any government official or employee who may participate in the formulation of legislation.

                            Textual readingALL OF= influencing legislation
                            “any attempt to influence any legislation”
                            “through communication with any member or employee of a legislative body, or with any government official or employee who may participate in the formulation of legislation”

                            (B) Legislation The term “legislation” has the meaning given such term by section 4911(e)(2).

                            (4) Other special rules

                            Amended 2017
                            • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13308(a), redesignated pars. (3) to (6) and (8) as (2) to (6), respectively, and struck out former par. (2) relating to exception for local legislation and par. (7) relating to special rule for Indian tribal governments.

                            (A) Exception for certain taxpayers In the case of any taxpayer engaged in the trade or business of conducting activities described in paragraph (1), paragraph (1) shall not apply to expenditures of the taxpayer in conducting such activities directly on behalf of another person (but shall apply to payments by such other person to the taxpayer for conducting such activities).

                            (B) De minimis exception

                            (i) In general Paragraph (1) shall not apply to any in-house expenditures for any taxable year if such expenditures do not exceed $2,000. In determining whether a taxpayer exceeds the $2,000 limit under this clause, there shall not be taken into account overhead costs otherwise allocable to activities described in paragraphs (1)(A) and (D).

                            Cited by 1

                              (ii) In-house expenditures For purposes of clause (i), the term “in-house expenditures” means expenditures described in paragraphs (1)(A) and (D) other than—

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                                (I) payments by the taxpayer to a person engaged in the trade or business of conducting activities described in paragraph (1) for the conduct of such activities on behalf of the taxpayer, or

                                (II) dues or other similar amounts paid or incurred by the taxpayer which are allocable to activities described in paragraph (1).

                                (C) Expenses incurred in connection with lobbying and political activities Any amount paid or incurred for research for, or preparation, planning, or coordination of, any activity described in paragraph (1) shall be treated as paid or incurred in connection with such activity.

                                (5) Covered executive branch official For purposes of this subsection, the term “covered executive branch official” means—

                                Amended 2017
                                • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13308(a), redesignated pars. (3) to (6) and (8) as (2) to (6), respectively, and struck out former par. (2) relating to exception for local legislation and par. (7) relating to special rule for Indian tribal governments.

                                (A) the President,

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                                  (B) the Vice President,

                                  (C) any officer or employee of the White House Office of the Executive Office of the President, and the 2 most senior level officers of each of the other agencies in such Executive Office, and

                                  (D)

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                                    (i) any individual serving in a position in level I of the Executive Schedule under section 5312 of title 5, United States Code, (ii) any other individual designated by the President as having Cabinet level status, and (iii) any immediate deputy of an individual described in clause (i) or (ii).

                                    (6) Cross reference For reporting requirements and alternative taxes related to this subsection, see section 6033(e).

                                    Amended 2017
                                    • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13308(a), redesignated pars. (3) to (6) and (8) as (2) to (6), respectively, and struck out former par. (2) relating to exception for local legislation and par. (7) relating to special rule for Indian tribal governments.
                                    Cited by 1

                                      (f) Fines, penalties, and other amounts

                                      Amended 1962, 1969, 2017
                                      • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13306(a)(1), amended subsec. (f) generally. Prior to amendment, text read as follows: “No deduction shall be allowed under subsection (a) for any fine or similar penalty paid to a government for the violation of any law.”
                                      • 1969 Pub. L. 91-172 Pub. L. 91–172, § 902(a), added subsecs. (f) and (g). Former subsec. (f) redesignated (h).
                                      • 1962 Pub. L. 87-834 Pub. L. 87–834, § 3(a), added subsec. (e) and redesignated former subsec. (e) as (f).
                                      Cited by 4

                                        (1) In general Except as provided in the following paragraphs of this subsection, no deduction otherwise allowable shall be allowed under this chapter for any amount paid or incurred (whether by suit, agreement, or otherwise) to, or at the direction of, a government or governmental entity in relation to the violation of any law or the investigation or inquiry by such government or entity into the potential violation of any law.

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                                          (2) Exception for amounts constituting restitution or paid to come into compliance with law

                                          (A) In general Paragraph (1) shall not apply to any amount that—

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                                            (i) the taxpayer establishes—

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                                              (I) constitutes restitution (including remediation of property) for damage or harm which was or may be caused by the violation of any law or the potential violation of any law, or

                                              (II) is paid to come into compliance with any law which was violated or otherwise involved in the investigation or inquiry described in paragraph (1),

                                              (ii) is identified as restitution or as an amount paid to come into compliance with such law, as the case may be, in the court order or settlement agreement, and

                                              Cited by 1

                                                (iii) in the case of any amount of restitution for failure to pay any tax imposed under this title in the same manner as if such amount were such tax, would have been allowed as a deduction under this chapter if it had been timely paid.

                                                The identification under clause (ii) alone shall not be sufficient to make the establishment required under clause (i).

                                                (B) Limitation Subparagraph (A) shall not apply to any amount paid or incurred as reimbursement to the government or entity for the costs of any investigation or litigation.

                                                (3) Exception for amounts paid or incurred as the result of certain court orders Paragraph (1) shall not apply to any amount paid or incurred by reason of any order of a court in a suit in which no government or governmental entity is a party.

                                                (4) Exception for taxes due Paragraph (1) shall not apply to any amount paid or incurred as taxes due.

                                                (5) Treatment of certain nongovernmental regulatory entities For purposes of this subsection, the following nongovernmental entities shall be treated as governmental entities:

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                                                  (A) Any nongovernmental entity which exercises self-regulatory powers (including imposing sanctions) in connection with a qualified board or exchange (as defined in section 1256(g)(7)).

                                                  (B) To the extent provided in regulations, any nongovernmental entity which exercises self-regulatory powers (including imposing sanctions) as part of performing an essential governmental function.

                                                  (g) Treble damage payments under the antitrust laws If in a criminal proceeding a taxpayer is convicted of a violation of the antitrust laws, or his plea of guilty or nolo contendere to an indictment or information charging such a violation is entered or accepted in such a proceeding, no deduction shall be allowed under subsection (a) for two-thirds of any amount paid or incurred—

                                                  “If in a criminal proceeding a taxpayer is convicted of a violation of the antitrust laws, or his plea of guilty or nolo contendere to an indictment or information charging such a violation is entered or accepted in such a proceeding, no deduction” Opening words
                                                  Textual readingANY OF= no deduction for two-thirds

                                                  (1) on any judgment for damages entered against the taxpayer under section 4 of the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914 (commonly known as the Clayton Act), on account of such violation or any related violation of the antitrust laws which occurred prior to the date of the final judgment of such conviction, or

                                                  (2) in settlement of any action brought under such section 4 on account of such violation or related violation.

                                                  Amended 1969, 2014
                                                  • 2014 Pub. L. 113-295 Pub. L. 113–295, § 221(a)(23), struck out concluding provisions which read as follows: “The preceding sentence shall not apply with respect to any conviction or plea before January 1, 1970, or to any conviction or plea on or after such date in a new trial following an appeal of a conviction before such date.”
                                                  • 1969 Pub. L. 91-172 Pub. L. 91–172, § 902(a), added subsecs. (f) and (g). Former subsec. (f) redesignated (h).
                                                  Cited by 2

                                                    (h) State legislators’ travel expenses away from home

                                                    Amended 1969, 1981, 1982
                                                    • 1982 Pub. L. 97-248 Pub. L. 97–248, § 128(b)(2), redesignated subsec. (i), relating to State legislators’ travel expenses away from home, as (h). Former subsec. (h), relating to group health plans, redesignated (i).
                                                    • 1981 Pub. L. 97-35 Pub. L. 97–35 added subsec. (h) relating to group health plans. Former subsec. (h), as added by Pub. L. 97–34 and relating to State legislators’ travel expenses away from home, redesignated (i). See 1982 Amendment note above.
                                                    • 1981 Pub. L. 97-34 Pub. L. 97–34 added subsec. (h) relating to State legislators’ travel expenses away from home. Former subsec. (h), relating to cross references, redesignated (i). See 1982 Amendment note above.
                                                    • 1969 Pub. L. 91-172 Pub. L. 91–172, §§ 516(c)(2)(A), 902(a), redesignated former subsec. (f) as (h), substituted “(1) For” for “For”, and inserted reference to section 1253 for special rule relating to the treatment of payments by a transferee of a franchise, trademark, or trade name.
                                                    Cited by 11

                                                      (1) In general For purposes of subsection (a), in the case of any individual who is a State legislator at any time during the taxable year and who makes an election under this subsection for the taxable year—

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                                                        (A) the place of residence of such individual within the legislative district which he represented shall be considered his home,

                                                        (B) he shall be deemed to have expended for living expenses (in connection with his trade or business as a legislator) an amount equal to the sum of the amounts determined by multiplying each legislative day of such individual during the taxable year by the greater of—

                                                        (i) the amount generally allowable with respect to such day to employees of the State of which he is a legislator for per diem while away from home, to the extent such amount does not exceed 110 percent of the amount described in clause (ii) with respect to such day, or

                                                        (ii) the amount generally allowable with respect to such day to employees of the executive branch of the Federal Government for per diem while away from home but serving in the United States, and

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                                                          (C) he shall be deemed to be away from home in the pursuit of a trade or business on each legislative day.

                                                          (2) Legislative days For purposes of paragraph (1), a legislative day during any taxable year for any individual shall be any day during such year on which—

                                                          (A) the legislature was in session (including any day in which the legislature was not in session for a period of 4 consecutive days or less), or

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                                                            (B) the legislature was not in session but the physical presence of the individual was formally recorded at a meeting of a committee of such legislature.

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                                                              (3) Election An election under this subsection for any taxable year shall be made at such time and in such manner as the Secretary shall by regulations prescribe.

                                                              (4) Section not to apply to legislators who reside near capitol This subsection shall not apply to any legislator whose place of residence within the legislative district which he represents is 50 or fewer miles from the capitol building of the State.

                                                              Amended 2014
                                                              • 2014 Pub. L. 113-295 Pub. L. 113–295, § 221(a)(24), substituted “This subsection” for “For taxable years beginning after December 31, 1980, this subsection”.

                                                              [(i) Repealed. Pub. L. 101–239, title VI, § 6202(b)(3)(A), Dec. 19, 1989, 103 Stat. 2233]

                                                              Amended 1981, 1982, 1984, 1986, 1988, 1989
                                                              • 1989 Pub. L. 101-239 Pub. L. 101–239, § 6202(b)(3)(A), struck out subsec. (i) which read as follows:
                                                              • 1989 “(1) Coverage relating to end stage renal disease.—The expenses paid or incurred by an employer for a group health plan shall not be allowed as a deduction under this section if the plan differentiates in the benefits it provides between individuals having end stage renal disease and other individuals covered by such plan on the basis of the existence of end stage renal disease, the need for renal dialysis, or in any other manner.
                                                              • 1989 “(2) Group health plan.—For purposes of this subsection the term ‘group health plan’ means any plan of, or contributed to by, an employer to provide medical care (as defined in section 213(d) to his employees, former employees, or the families of such employees or former employees, directly or through insurance, reimbursement, or otherwise.”
                                                              • 1988 Pub. L. 100-647 Pub. L. 100–647, § 3011(b)(2), redesignated par. (3) as (2) and struck out former par. (2) which required plans to provide continuation coverage to certain individuals.
                                                              • 1986 Pub. L. 99-272 Pub. L. 99–272, § 10001(d), substituted “Coverage relating to end stage renal disease” for “General rule” in heading.
                                                              • 1986 Pub. L. 99-272 Pub. L. 99–272, § 10001(a), added par. (2) and redesignated former par. (2) as (3).
                                                              • 1984 Pub. L. 98-369 Pub. L. 98–369, § 2354(d), substituted “section 213(d)” for “section 213(e)”.
                                                              • 1982 Pub. L. 97-248 Pub. L. 97–248, § 128(b)(2), redesignated former subsec. (h), relating to group health plans, as (i). Former subsec. (i), relating to State legislators’ travel expenses away from home, redesignated (h). Former subsec. (i), relating to cross references, redesignated (j).
                                                              • 1981 Pub. L. 97-35 Pub. L. 97–35 redesignated former subsec. (h), as added by Pub. L. 97–34 and relating to State legislators’ travel expenses away from home, as (i). See 1982 Amendment note above.
                                                              • 1981 Pub. L. 97-34 Pub. L. 97–34 redesignated former subsec. (h), relating to cross references, as (i). See 1982 Amendment note above.

                                                              (j) Certain foreign advertising expenses

                                                              Amended 1982, 1984
                                                              • 1984 Pub. L. 98-573 Pub. L. 98–573 added subsec. (j). Former subsec. (j) redesignated (k).
                                                              • 1984 Pub. L. 98-369 Pub. L. 98–369, § 512(b), added par. (3).
                                                              • 1982 Pub. L. 97-248 Pub. L. 97–248, § 128(b)(1), redesignated former subsec. (i), relating to cross references, as (j).

                                                              (1) In general No deduction shall be allowed under subsection (a) for any expenses of an advertisement carried by a foreign broadcast undertaking and directed primarily to a market in the United States. This paragraph shall apply only to foreign broadcast undertakings located in a country which denies a similar deduction for the cost of advertising directed primarily to a market in the foreign country when placed with a United States broadcast undertaking.

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                                                                (2) Broadcast undertaking For purposes of paragraph (1), the term “broadcast undertaking” includes (but is not limited to) radio and television stations.

                                                                (k) Stock reacquisition expenses

                                                                § 1.162(k)-1 Disallowance of deduction for reacquisition payments.
                                                                Amended 1984, 1986, 1988, 1996
                                                                • 1996 Pub. L. 104-188 Pub. L. 104–188, § 1704(p)(3), substituted “reaquisition” for “redemption” in heading.
                                                                • 1988 Pub. L. 100-647 Pub. L. 100–647, § 3011(b)(3), redesignated subsec. (l), relating to stock redemption expenses, as (k) and struck out former subsec. (k) which related to continuation coverage requirements of group health plans.
                                                                • 1988 Pub. L. 100-647 Pub. L. 100–647, § 1018(t)(7)(B), made amendment identical to Pub. L. 99–509, § 9307(c)(2)(B), which amended directory language of Pub. L. 99–514, § 1895(d)(5)(A), by substituting “section 162(k)(5)” for “section 162(k)(2)”. See 1986 Amendment note below.
                                                                • 1986 Pub. L. 99-272 Pub. L. 99–272, § 10001(c), added subsec. (k). Former subsec. (k) redesignated (l).
                                                                • 1986 Pub. L. 99-509 Pub. L. 99–509, § 9501(a)(1), added subpar. (F) and concluding provisions.
                                                                • 1986 Pub. L. 99-514 Pub. L. 99–514, § 1895(d)(5)(A), as amended by Pub. L. 99–509, § 9307(c)(2)(B), and Pub. L. 100–647, § 1018(t)(7)(B), inserted “of continuation coverage” and “If there is a choice among types of coverage under the plan, each qualified beneficiary is entitled to make a separate selection among such types of coverage.” See 1988 Amendment note above.
                                                                • 1986 Pub. L. 99-509 Pub. L. 99–509, § 9501(d)(1), substituted “(D), or (F)” for “or (D)”.
                                                                • 1986 Pub. L. 99-514 Pub. L. 99–514, § 1895(d)(6)(A), inserted “within 60 days after the date of the qualifying event”.
                                                                • 1986 Pub. L. 99-509 Pub. L. 99–509, § 9501(d)(1), substituted “(D), or (F)” for “or (D)”.
                                                                • 1986 Pub. L. 99-514 Pub. L. 99–514, § 1895(d)(7), added cl. (iii).
                                                                • 1986 Pub. L. 99-509 Pub. L. 99–509, § 9501(c)(1), added cl. (iv).
                                                                • 1984 Pub. L. 98-573 Pub. L. 98–573 redesignated former subsec. (j) as (k).

                                                                (1) In general Except as provided in paragraph (2), no deduction otherwise allowable shall be allowed under this chapter for any amount paid or incurred by a corporation in connection with the reacquisition of its stock or of the stock of any related person (as defined in section 465(b)(3)(C)).

                                                                Amended 1996
                                                                • 1996 Pub. L. 104-188 Pub. L. 104–188, § 1704(p)(1), substituted “the reacquisition of its stock or of the stock of any related person (as defined in section 465(b)(3)(C))” for “the redemption of its stock”.
                                                                Cited by 1

                                                                  (2) Exceptions Paragraph (1) shall not apply to—

                                                                  Cited by 1

                                                                    (A) Certain specific deductions Any—

                                                                    Amended 1986, 1996
                                                                    • 1996 Pub. L. 104-188 Pub. L. 104–188, § 1704(p)(2), struck out “or” at end of cl. (i), added cl. (ii), and redesignated former cl. (ii) as (iii).
                                                                    • 1986 Pub. L. 99-514 Pub. L. 99–514, § 1895(d)(1)(A), inserted “If coverage under the plan is modified for any group of similarly situated beneficiaries, the coverage shall also be modified in the same manner for all individuals who are qualified beneficiaries under the plan pursuant to this subsection in connection with such group.”

                                                                    (i) deduction allowable under section 163 (relating to interest),

                                                                    (ii) deduction for amounts which are properly allocable to indebtedness and amortized over the term of such indebtedness, or

                                                                    (iii) deduction for dividends paid (within the meaning of section 561).

                                                                    (B) Stock of certain regulated investment companies Any amount paid or incurred in connection with the redemption of any stock in a regulated investment company which issues only stock which is redeemable upon the demand of the shareholder.

                                                                    Amended 1986, 1989
                                                                    • 1989 Pub. L. 101-239 Pub. L. 101–239, § 7862(c)(3)(A), amended cl. (iv) as it existed prior to repeal of subsec. (k) by Pub. L. 100–647, by substituting “entitlement” for “eligibility” in heading and inserting “which does not contain any exclusion or limitation with respect to any preexisting condition of such beneficiary” after “or otherwise)” in subclause (I).
                                                                    • 1986 Pub. L. 99-514 Pub. L. 99–514, § 1895(d)(2)(A), substituted “Maximum required period” for “Maximum period” in heading and amended text generally. Prior to amendment, text read as follows: “In the case of—

                                                                      “(I) a qualifying event described in paragraph (3)(B) (relating to terminations and reduced hours), the date which is 18 months after the date of the qualifying event, and

                                                                      “(II) any qualifying event not described in subclause (I), the date which is 36 months after the date of the qualifying event.”

                                                                    • 1986 Pub. L. 99-509 Pub. L. 99–509, § 9501(b)(1)(A)(i), inserted “(other than a qualifying event described in paragraph (3)(F))”.
                                                                    • 1986 Pub. L. 99-509 Pub. L. 99–509, § 9501(b)(1)(A)(ii)–(iv), added subcl. (III), redesignated former subcl. (III) as (IV), and inserted “or (3)(F)”.
                                                                    • 1986 Pub. L. 99-514 Pub. L. 99–514, § 1895(d)(3)(A), inserted “The payment of any premium (other than any payment referred to in the last sentence of subparagraph (C)) shall be considered to be timely if made within 30 days after the date due or within such longer period as applies to or under the plan.”
                                                                    • 1986 Pub. L. 99-514 Pub. L. 99–514, § 1895(d)(4)(A)(iii), substituted “Group health plan coverage” for “Reemployment” in heading.
                                                                    • 1986 Pub. L. 99-514 Pub. L. 99–514, § 1895(d)(4)(A)(ii), substituted “covered under any other group health plan (as an employee or otherwise)” for “a covered employee under any other group health plan”.
                                                                    • 1986 Pub. L. 99-509 Pub. L. 99–509, § 9501(b)(2)(A), inserted “in the case of a qualified beneficiary other than a qualified beneficiary described in paragraph (7)(B)(iv),”.
                                                                    • 1986 Pub. L. 99-514 Pub. L. 99–514, § 1895(d)(4)(A)(i), struck out cl. (v), remarriage of spouse, which read as follows: “In the case of an individual who is a qualified beneficiary by reason of being the spouse of a covered employee, the date on which the beneficiary remarries and becomes covered under a group health plan.”

                                                                    (l) Special rules for health insurance costs of self-employed individuals

                                                                    § 1.162(l)-0 Table of Contents.§ 1.162(l)-1 Deduction for health insurance costs of self-employed individuals.
                                                                    Amended 1986, 1988, 1989, 1990, 1991, 1993, 1995
                                                                    • 1995 Pub. L. 104-7 Pub. L. 104–7, § 1(a), struck out par. (6) “Termination” which read as follows: “This subsection shall not apply to any taxable year beginning after December 31, 1993.”
                                                                    • 1993 Pub. L. 103-66 Pub. L. 103–66, § 13174(a)(1), substituted “December 31, 1993” for “June 30, 1992”.
                                                                    • 1991 Pub. L. 102-227 Pub. L. 102–227 substituted “June 30, 1992” for “December 31, 1991”.
                                                                    • 1990 Pub. L. 101-508 Pub. L. 101–508, § 11410(a), substituted “December 31, 1991” for “September 30, 1990”.
                                                                    • 1989 Pub. L. 101-239 Pub. L. 101–239, § 7107(b), redesignated former par. (5) as (6).
                                                                    • 1988 Pub. L. 100-647 Pub. L. 100–647, § 3011(b)(3)(A), (B), redesignated subsec. (m), relating to special rules for health insurance costs of self-employed individuals, as (l). Former subsec. (l), relating to stock redemption expenses, redesignated (k).
                                                                    • 1986 Pub. L. 99-514 Pub. L. 99–514, § 613(a), added subsec. (l). Former subsec. (l) redesignated (m).
                                                                    • 1986 Pub. L. 99-272 Pub. L. 99–272, § 10001(c), redesignated former subsec. (k), relating to cross references, as (l).
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                                                                      (1) Allowance of deduction In the case of a taxpayer who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to the amount paid during the taxable year for insurance which constitutes medical care for—

                                                                      Amended 1995, 1996, 2010
                                                                      • 2010 Pub. L. 111-152 Pub. L. 111–152, § 1004(d)(2), amended par. (1) generally. Prior to amendment, par. (1) authorized a deduction in an amount equal to the applicable percentage of the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer, his spouse, and dependents.
                                                                      • 1996 Pub. L. 104-191 Pub. L. 104–191, § 311(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows:
                                                                      • 1996 “(1) In general.—In the case of an individual who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to 30 percent of the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer, his spouse, and dependents.”
                                                                      • 1995 Pub. L. 104-7 Pub. L. 104–7, § 1(b), substituted “30 percent” for “25 percent”.
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                                                                        (A) the taxpayer,

                                                                        (B) the taxpayer’s spouse,

                                                                        Amended 1997, 1998
                                                                        • 1998 Pub. L. 105-277 Pub. L. 105–277 amended table in subpar. (B) generally. Prior to amendment, table read as follows:
                                                                        • 1997 Pub. L. 105-34 Pub. L. 105–34, § 934(a), amended table generally. Prior to amendment, table read as follows:

                                                                        (C) the taxpayer’s dependents, and

                                                                        (D) any child (as defined in section 152(f)(1)) of the taxpayer who as of the end of the taxable year has not attained age 27.

                                                                        Cited by 1

                                                                          (2) Limitations

                                                                          Amended 1989
                                                                          • 1989 Pub. L. 101-140 Pub. L. 101–140 redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “Required coverage.—Paragraph (1) shall not apply to any taxpayer for any taxable year unless coverage is provided under 1 or more plans meeting the requirements of section 89, treating such coverage as an employer-provided benefit.”

                                                                          (A) Dollar amount No deduction shall be allowed under paragraph (1) to the extent that the amount of such deduction exceeds the taxpayer’s earned income (within the meaning of section 401(c)) derived by the taxpayer from the trade or business with respect to which the plan providing the medical care coverage is established.

                                                                          (B) Other coverage Paragraph (1) shall not apply to any taxpayer for any calendar month for which the taxpayer is eligible to participate in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of, or any dependent, or individual described in subparagraph (D) of paragraph (1) with respect to, the taxpayer. The preceding sentence shall be applied separately with respect to—

                                                                          Amended 1993, 1997, 2010
                                                                          • 2010 Pub. L. 111-152 Pub. L. 111–152, § 1004(d)(3), inserted “, or any dependent, or individual described in subparagraph (D) of paragraph (1) with respect to,” after “spouse of” in introductory provisions.
                                                                          • 1997 Pub. L. 105-34 Pub. L. 105–34, § 1602(c), inserted “The preceding sentence shall be applied separately with respect to—” at end and added cls. (i) and (ii).
                                                                          • 1993 Pub. L. 103-66 Pub. L. 103–66, § 13174(b)(1), amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: “Paragraph (1) shall not apply to any taxpayer who is eligible to participate in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer.”

                                                                          (i) plans which include coverage for qualified long-term care services (as defined in section 7702B(c)) or are qualified long-term care insurance contracts (as defined in section 7702B(b)), and

                                                                          (ii) plans which do not include such coverage and are not such contracts.

                                                                          (C) Long-term care premiums In the case of a qualified long-term care insurance contract (as defined in section 7702B(b)), only eligible long-term care premiums (as defined in section 213(d)(10)) shall be taken into account under paragraph (1).

                                                                          Amended 1996
                                                                          • 1996 Pub. L. 104-191 Pub. L. 104–191, § 322(b)(2)(B), added subpar. (C).

                                                                          (3) Coordination with medical deduction Any amount paid by a taxpayer for insurance to which paragraph (1) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 213(a).

                                                                          Amended 1990, 1993
                                                                          • 1993 Pub. L. 103-66 Pub. L. 103–66, § 13131(d)(2), amended heading and text of par. (3) generally. Prior to amendment, text read as follows:
                                                                          • 1993 “(A) Medical deduction.—Any amount paid by a taxpayer for insurance to which paragraph (1) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 213(a).
                                                                          • 1993 “(B) Health insurance credit.—The amount otherwise taken into account under paragraph (1) as paid for insurance which constitutes medical care shall be reduced by the amount (if any) of the health insurance credit allowable to the taxpayer for the taxable year under section 32.”
                                                                          • 1990 Pub. L. 101-508 Pub. L. 101–508, § 11111(d)(2), substituted heading for one which read: “Coordination with medical deduction” and amended text generally. Prior to amendment, text read as follows: “Any amount paid by a taxpayer for insurance to which paragraph (1) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 213(a).”

                                                                          (4) Deduction not allowed for self-employment tax purposes The deduction allowable by reason of this subsection shall not be taken into account in determining an individual’s net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2 for taxable years beginning before January 1, 2010, or after December 31, 2010.

                                                                          Amended 2010
                                                                          • 2010 Pub. L. 111-240 Pub. L. 111–240 inserted “for taxable years beginning before January 1, 2010, or after December 31, 2010” before period at end.

                                                                          (5) Treatment of certain S corporation shareholders This subsection shall apply in the case of any individual treated as a partner under section 1372(a), except that—

                                                                          Amended 1989
                                                                          • 1989 Pub. L. 101-239 Pub. L. 101–239, § 7107(b), added par. (5). Former par. (5) redesignated (6).
                                                                          • 1989 Pub. L. 101-239 Pub. L. 101–239, § 7107(a)(1), substituted “September 30, 1990” for “December 31, 1989”.

                                                                          (A) for purposes of this subsection, such individual’s wages (as defined in section 3121) from the S corporation shall be treated as such individual’s earned income (within the meaning of section 401(c)(1)), and

                                                                          (B) there shall be such adjustments in the application of this subsection as the Secretary may by regulations prescribe.

                                                                          (m) Certain excessive employee remuneration

                                                                          Amended 1986, 1988, 1993
                                                                          • 1993 Pub. L. 103-66 Pub. L. 103–66, § 13211(a), added subsec. (m). Former subsec. (m) redesignated (n).
                                                                          • 1988 Pub. L. 100-647 Pub. L. 100–647, § 3011(b)(3)(B), (C), redesignated subsec. (n), relating to cross references, as (m). Former subsec. (m), relating to special rules for health insurance costs of self-employed individuals, redesignated (l).
                                                                          • 1988 Pub. L. 100-647 Pub. L. 100–647, § 1011B(b)(2), redesignated subsec. (m), relating to cross references, as (n).
                                                                          • 1986 Pub. L. 99-514 Pub. L. 99–514, § 1161(a), added subsec. (m) relating to special rules for health insurance costs of self-employed individuals, and further directed that this section be amended “by redesignating subsection (n) as subsection (m)”, which directory language could not be executed because this section does not contain a subsec. (n).
                                                                          • 1986 Pub. L. 99-514 Pub. L. 99–514, § 613(a), redesignated subsec. (l), relating to cross references, as (m).
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                                                                            (1) In general In the case of any publicly held corporation, no deduction shall be allowed under this chapter for applicable employee remuneration with respect to any covered employee to the extent that the amount of such remuneration for the taxable year with respect to such employee exceeds $1,000,000.

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                                                                              (2) Publicly held corporation For purposes of this subsection, the term “publicly held corporation” means any corporation which is an issuer (as defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c))—

                                                                              “any corporation which is an issuer (as defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c))” Opening words
                                                                              Textual readingANY OF= a publicly held corporation

                                                                              (A) the securities of which are required to be registered under section 12 of such Act (15 U.S.C. 78l), or

                                                                              Amended 1988
                                                                              • 1988 Pub. L. 100-647 Pub. L. 100–647, § 1011B(b)(3), inserted “derived by the taxpayer from the trade or business with respect to which the plan providing the medical care coverage is established” after “401(c))”.

                                                                              (B) that is required to file reports under section 15(d) of such Act (15 U.S.C. 78o(d)).

                                                                              Amended 2017
                                                                              • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13601(c)(1), amended par. (2) generally. Prior to amendment, text read as follows: “For purposes of this subsection, the term ‘publicly held corporation’ means any corporation issuing any class of common equity securities required to be registered under section 12 of the Securities Exchange Act of 1934.”
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                                                                                (3) Covered employee For purposes of this subsection, the term “covered employee” means any employee of the taxpayer if—

                                                                                “any employee of the taxpayer” Opening words
                                                                                Textual readingANY OF= a covered employee
                                                                                “such employee is the principal executive officer or principal financial officer of the taxpayer at any time during the taxable year, or was an individual acting in such a capacity”
                                                                                “the total compensation of such employee for the taxable year is required to be reported to shareholders under the Securities Exchange Act of 1934 by reason of such employee being among the 3 highest compensated officers for the taxable year (other than any individual described in subparagraph (A))”
                                                                                “in the case of taxable years beginning after December 31, 2026, such employee is among the 5 highest compensated employees for the taxable year other than any individual described in subparagraph (A) or (B)”
                                                                                “was a covered employee described in subparagraph (A) or (B) of the taxpayer (or any predecessor) for any preceding taxable year beginning after December 31, 2016.”
                                                                                “Such term shall include any employee who would be described in subparagraph (B) if the reporting described in such subparagraph were required as so described.”

                                                                                (A) such employee is the principal executive officer or principal financial officer of the taxpayer at any time during the taxable year, or was an individual acting in such a capacity,

                                                                                Amended 2017
                                                                                • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13601(b)(1), substituted “such employee is the principal executive officer or principal financial officer of the taxpayer at any time during the taxable year, or was” for “as of the close of the taxable year, such employee is the chief executive officer of the taxpayer or is”.
                                                                                Cited by 3

                                                                                  (B) the total compensation of such employee for the taxable year is required to be reported to shareholders under the Securities Exchange Act of 1934 by reason of such employee being among the 3 highest compensated officers for the taxable year (other than any individual described in subparagraph (A)),

                                                                                  Amended 2017
                                                                                  • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13601(b)(2), substituted “3” for “4” and “(other than any individual described in subparagraph (A))” for “(other than the chief executive officer)”.
                                                                                  Cited by 3

                                                                                    (C) in the case of taxable years beginning after December 31, 2026, such employee is among the 5 highest compensated employees for the taxable year other than any individual described in subparagraph (A) or (B), or

                                                                                    Amended 2017, 2021
                                                                                    • 2021 Pub. L. 117-2 Pub. L. 117–2 added subpar. (C), redesignated former subpar. (C) as (D), and, in subpar. (D), substituted “employee described in subparagraph (A) or (B)” for “employee”.
                                                                                    • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13601(b)(3), added subpar. (C).
                                                                                    Cited by 1

                                                                                      (D) was a covered employee described in subparagraph (A) or (B) of the taxpayer (or any predecessor) for any preceding taxable year beginning after December 31, 2016.

                                                                                      Amended 2021
                                                                                      • 2021 Pub. L. 117-2 Pub. L. 117–2 added subpar. (C), redesignated former subpar. (C) as (D), and, in subpar. (D), substituted “employee described in subparagraph (A) or (B)” for “employee”.
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                                                                                        Such term shall include any employee who would be described in subparagraph (B) if the reporting described in such subparagraph were required as so described.

                                                                                        Amended 2017
                                                                                        • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13601(c)(2), inserted concluding provisions.
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                                                                                          (4) Applicable employee remuneration For purposes of this subsection—

                                                                                          Amended 1988, 2004, 2017
                                                                                          • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13601(a)(1), redesignated subpar. (G) as (E).
                                                                                          • 2004 Pub. L. 108-357 Pub. L. 108–357, § 802(b)(2), added subpar. (G).
                                                                                          • 1988 Pub. L. 100-647 Pub. L. 100–647, § 1011B(b)(1), added par. (4) and redesignated former par. (4) as (5).
                                                                                          Cited by 5

                                                                                            (A) In general Except as otherwise provided in this paragraph, the term “applicable employee remuneration” means, with respect to any covered employee for any taxable year, the aggregate amount allowable as a deduction under this chapter for such taxable year (determined without regard to this subsection) for remuneration for services performed by such employee (whether or not during the taxable year).

                                                                                            (B) Exception for existing binding contracts The term “applicable employee remuneration” shall not include any remuneration payable under a written binding contract which was in effect on February 17, 1993, and which was not modified thereafter in any material respect before such remuneration is paid.

                                                                                            Amended 2017
                                                                                            • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13601(a)(1), redesignated subpars. (D) to (G) as (B) to (E), respectively, and struck out former subpar. (B) relating to an exemption to the term “applicable employee remuneration” and former subpar. (C) relating to the term “applicable employee remuneration”.
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                                                                                              (C) Remuneration For purposes of this paragraph, the term “remuneration” includes any remuneration (including benefits) in any medium other than cash, but shall not include—

                                                                                              Amended 2017
                                                                                              • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13601(a)(1), redesignated subpars. (D) to (G) as (B) to (E), respectively, and struck out former subpar. (B) relating to an exemption to the term “applicable employee remuneration” and former subpar. (C) relating to the term “applicable employee remuneration”.
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                                                                                                (i) any payment referred to in so much of section 3121(a)(5) as precedes subparagraph (E) thereof, and

                                                                                                Cited by 1

                                                                                                  (ii) any benefit provided to or on behalf of an employee if at the time such benefit is provided it is reasonable to believe that the employee will be able to exclude such benefit from gross income under this chapter.

                                                                                                  For purposes of clause (i), section 3121(a)(5) shall be applied without regard to section 3121(v)(1).

                                                                                                  (D) Coordination with disallowed golden parachute payments The dollar limitation contained in paragraph (1) shall be reduced (but not below zero) by the amount (if any) which would have been included in the applicable employee remuneration of the covered employee for the taxable year but for being disallowed under section 280G.

                                                                                                  Amended 2017
                                                                                                  • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13601(a)(1), redesignated subpars. (D) to (G) as (B) to (E), respectively, and struck out former subpar. (B) relating to an exemption to the term “applicable employee remuneration” and former subpar. (C) relating to the term “applicable employee remuneration”.
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                                                                                                    (E) Coordination with excise tax on specified stock compensation The dollar limitation contained in paragraph (1) with respect to any covered employee shall be reduced (but not below zero) by the amount of any payment (with respect to such employee) of the tax imposed by section 4985 directly or indirectly by the expatriated corporation (as defined in such section) or by any member of the expanded affiliated group (as defined in such section) which includes such corporation.

                                                                                                    Amended 2017
                                                                                                    • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13601(a)(1), redesignated subpars. (D) to (G) as (B) to (E), respectively, and struck out former subpar. (B) relating to an exemption to the term “applicable employee remuneration” and former subpar. (C) relating to the term “applicable employee remuneration”.
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                                                                                                      (F) Special rule for remuneration paid to beneficiaries, etc. Remuneration shall not fail to be applicable employee remuneration merely because it is includible in the income of, or paid to, a person other than the covered employee, including after the death of the covered employee.

                                                                                                      Amended 2017
                                                                                                      • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13601(a)(1), (d), added subpar. (F) and redesignated former subpar. (F) as (D).

                                                                                                      (5) Special rule for application to employers participating in the Troubled Assets Relief Program

                                                                                                      Amended 1988, 2008
                                                                                                      • 2008 Pub. L. 110-343 Pub. L. 110–343 added par. (5).
                                                                                                      • 1988 Pub. L. 100-647 Pub. L. 100–647, § 1011B(b)(1), added par. (4) and redesignated former par. (4) as (5).
                                                                                                      Cited by 1

                                                                                                        (A) In general In the case of an applicable employer, no deduction shall be allowed under this chapter—

                                                                                                        (i) in the case of executive remuneration for any applicable taxable year which is attributable to services performed by a covered executive during such applicable taxable year, to the extent that the amount of such remuneration exceeds $500,000, or

                                                                                                        (ii) in the case of deferred deduction executive remuneration for any taxable year for services performed during any applicable taxable year by a covered executive, to the extent that the amount of such remuneration exceeds $500,000 reduced (but not below zero) by the sum of—

                                                                                                        (II) the portion of the deferred deduction executive remuneration for such services which was taken into account under this clause in a preceding taxable year.

                                                                                                        (B) Applicable employer For purposes of this paragraph—

                                                                                                        (i) In general Except as provided in clause (ii), the term “applicable employer” means any employer from whom 1 or more troubled assets are acquired under a program established by the Secretary under section 101(a) of the Emergency Economic Stabilization Act of 2008 if the aggregate amount of the assets so acquired for all taxable years exceeds $300,000,000.

                                                                                                        NOT“Except as provided in clause (ii),” Opening words
                                                                                                        Textual readingALL OF= an applicable employer
                                                                                                        “any employer from whom 1 or more troubled assets are acquired under a program established by the Secretary under section 101(a) of the Emergency Economic Stabilization Act of 2008”
                                                                                                        “the aggregate amount of the assets so acquired for all taxable years exceeds $300,000,000”
                                                                                                        Cited by 1

                                                                                                          (ii) Disregard of certain assets sold through direct purchase If the only sales of troubled assets by an employer under the program described in clause (i) are through 1 or more direct purchases (within the meaning of section 113(c) of the Emergency Economic Stabilization Act of 2008), such assets shall not be taken into account under clause (i) in determining whether the employer is an applicable employer for purposes of this paragraph.

                                                                                                          Cited by 2

                                                                                                            (iii) Aggregation rules Two or more persons who are treated as a single employer under subsection (b) or (c) of section 414 shall be treated as a single employer, except that in applying section 1563(a) for purposes of either such subsection, paragraphs (2) and (3) thereof shall be disregarded.

                                                                                                            (C) Applicable taxable year For purposes of this paragraph, the term “applicable taxable year” means, with respect to any employer—

                                                                                                            (i) the first taxable year of the employer—

                                                                                                            (I) which includes any portion of the period during which the authorities under section 101(a) of the Emergency Economic Stabilization Act of 2008 are in effect (determined under section 120 thereof), and

                                                                                                            (II) in which the aggregate amount of troubled assets acquired from the employer during the taxable year pursuant to such authorities (other than assets to which subparagraph (B)(ii) applies), when added to the aggregate amount so acquired for all preceding taxable years, exceeds $300,000,000, and

                                                                                                            (ii) any subsequent taxable year which includes any portion of such period.

                                                                                                            (D) Covered executive For purposes of this paragraph—

                                                                                                            (i) In general The term “covered executive” means, with respect to any applicable taxable year, any employee—

                                                                                                            (I) who, at any time during the portion of the taxable year during which the authorities under section 101(a) of the Emergency Economic Stabilization Act of 2008 are in effect (determined under section 120 thereof), is the chief executive officer of the applicable employer or the chief financial officer of the applicable employer, or an individual acting in either such capacity, or

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                                                                                                              (II) who is described in clause (ii).

                                                                                                              (ii) Highest compensated employees An employee is described in this clause if the employee is 1 of the 3 highest compensated officers of the applicable employer for the taxable year (other than an individual described in clause (i)(I)), determined—

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                                                                                                                (I) on the basis of the shareholder disclosure rules for compensation under the Securities Exchange Act of 1934 (without regard to whether those rules apply to the employer), and

                                                                                                                (II) by only taking into account employees employed during the portion of the taxable year described in clause (i)(I).

                                                                                                                (iii) Employee remains covered executive If an employee is a covered executive with respect to an applicable employer for any applicable taxable year, such employee shall be treated as a covered executive with respect to such employer for all subsequent applicable taxable years and for all subsequent taxable years in which deferred deduction executive remuneration with respect to services performed in all such applicable taxable years would (but for this paragraph) be deductible.

                                                                                                                (E) Executive remuneration For purposes of this paragraph, the term “executive remuneration” means the applicable employee remuneration of the covered executive, as determined under paragraph (4) without regard to subparagraph (B) thereof. Such term shall not include any deferred deduction executive remuneration with respect to services performed in a prior applicable taxable year.

                                                                                                                Amended 2017
                                                                                                                • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13601(a)(2)(A), substituted “subparagraph (B)” for “subparagraphs (B), (C), and (D)”.

                                                                                                                (F) Deferred deduction executive remuneration For purposes of this paragraph, the term “deferred deduction executive remuneration” means remuneration which would be executive remuneration for services performed in an applicable taxable year but for the fact that the deduction under this chapter (determined without regard to this paragraph) for such remuneration is allowable in a subsequent taxable year.

                                                                                                                (G) Coordination Rules similar to the rules of subparagraphs (D) and (E) of paragraph (4) shall apply for purposes of this paragraph.

                                                                                                                Amended 2017
                                                                                                                • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13601(a)(2)(B), substituted “(D) and (E)” for “(F) and (G)”.

                                                                                                                (H) Regulatory authority The Secretary may prescribe such guidance, rules, or regulations as are necessary to carry out the purposes of this paragraph and the Emergency Economic Stabilization Act of 2008, including the extent to which this paragraph applies in the case of any acquisition, merger, or reorganization of an applicable employer.

                                                                                                                (6) Special rule for application to certain health insurance providers

                                                                                                                Amended 2010
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                                                                                                                  (A) In general No deduction shall be allowed under this chapter—

                                                                                                                  (i) in the case of applicable individual remuneration which is for any disqualified taxable year beginning after December 31, 2012, and which is attributable to services performed by an applicable individual during such taxable year, to the extent that the amount of such remuneration exceeds $500,000, or

                                                                                                                  (ii) in the case of deferred deduction remuneration for any taxable year beginning after December 31, 2012, which is attributable to services performed by an applicable individual during any disqualified taxable year beginning after December 31, 2009, to the extent that the amount of such remuneration exceeds $500,000 reduced (but not below zero) by the sum of—

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                                                                                                                    (II) the portion of the deferred deduction remuneration for such services which was taken into account under this clause in a preceding taxable year (or which would have been taken into account under this clause in a preceding taxable year if this clause were applied by substituting “December 31, 2009” for “December 31, 2012” in the matter preceding subclause (I)).

                                                                                                                    (B) Disqualified taxable year For purposes of this paragraph, the term “disqualified taxable year” means, with respect to any employer, any taxable year for which such employer is a covered health insurance provider.

                                                                                                                    (C) Covered health insurance provider For purposes of this paragraph—

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                                                                                                                      (i) In general The term “covered health insurance provider” means—

                                                                                                                      (I) with respect to taxable years beginning after December 31, 2009, and before January 1, 2013, any employer which is a health insurance issuer (as defined in section 9832(b)(2)) and which receives premiums from providing health insurance coverage (as defined in section 9832(b)(1)), and

                                                                                                                      (II) with respect to taxable years beginning after December 31, 2012, any employer which is a health insurance issuer (as defined in section 9832(b)(2)) and with respect to which not less than 25 percent of the gross premiums received from providing health insurance coverage (as defined in section 9832(b)(1)) is from minimum essential coverage (as defined in section 5000A(f)).

                                                                                                                      (ii) Aggregation rules Two or more persons who are treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer, except that in applying section 1563(a) for purposes of any such subsection, paragraphs (2) and (3) thereof shall be disregarded.

                                                                                                                      (D) Applicable individual remuneration For purposes of this paragraph, the term “applicable individual remuneration” means, with respect to any applicable individual for any disqualified taxable year, the aggregate amount allowable as a deduction under this chapter for such taxable year (determined without regard to this subsection) for remuneration (as defined in paragraph (4) without regard to subparagraph (B) thereof) for services performed by such individual (whether or not during the taxable year). Such term shall not include any deferred deduction remuneration with respect to services performed during the disqualified taxable year.

                                                                                                                      Amended 2017
                                                                                                                      • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13601(a)(2)(A), substituted “subparagraph (B)” for “subparagraphs (B), (C), and (D)”.

                                                                                                                      (E) Deferred deduction remuneration For purposes of this paragraph, the term “deferred deduction remuneration” means remuneration which would be applicable individual remuneration for services performed in a disqualified taxable year but for the fact that the deduction under this chapter (determined without regard to this paragraph) for such remuneration is allowable in a subsequent taxable year.

                                                                                                                      (F) Applicable individual For purposes of this paragraph, the term “applicable individual” means, with respect to any covered health insurance provider for any disqualified taxable year, any individual—

                                                                                                                      (i) who is an officer, director, or employee in such taxable year, or

                                                                                                                      (ii) who provides services for or on behalf of such covered health insurance provider during such taxable year.

                                                                                                                      (G) Coordination Rules similar to the rules of subparagraphs (D) and (E) of paragraph (4) shall apply for purposes of this paragraph.

                                                                                                                      Amended 2017
                                                                                                                      • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13601(a)(2)(B), substituted “(D) and (E)” for “(F) and (G)”.

                                                                                                                      (H) Regulatory authority The Secretary may prescribe such guidance, rules, or regulations as are necessary to carry out the purposes of this paragraph.

                                                                                                                      (7) Remuneration from controlled group members

                                                                                                                      Amended 2025

                                                                                                                      (A) In general In the case of any publicly held corporation which is a member of a controlled group—

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                                                                                                                        (i) paragraph (1) shall be applied by substituting “specified covered employee” for “covered employee”, and

                                                                                                                        (ii) if any person which is a member of such controlled group (other than such publicly held corporation) provides applicable employee remuneration to an individual who is a specified covered employee of such controlled group and the aggregate amount described in subparagraph (B)(ii) with respect to such specified covered employee exceeds $1,000,000—

                                                                                                                        (I) paragraph (1) shall apply to such person with respect to such remuneration, and

                                                                                                                        (II) paragraph (1) shall apply to such publicly held corporation and to each such related person by substituting “the allocable limitation amount” for “$1,000,000”.

                                                                                                                        (B) Allocable limitation amount For purposes of this paragraph, the term “allocable limitation amount” means, with respect to any member of the controlled group referred to in subparagraph (A) with respect to any specified covered employee of such controlled group, the amount which bears the same ratio to $1,000,000 as—

                                                                                                                        (i) the amount of applicable employee remuneration provided by such member with respect to such specified covered employee, bears to

                                                                                                                        (ii) the aggregate amount of applicable employee remuneration provided by all such members with respect to such specified covered employee.

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                                                                                                                          (C) Specified covered employee For purposes of this paragraph, the term “specified covered employee” means, with respect to any controlled group—

                                                                                                                          (i) any employee described in subparagraph (A), (B), or (D) of paragraph (3), with respect to the publicly held corporation which is a member of such controlled group, and

                                                                                                                          (ii) any employee who would be described in subparagraph (C) of paragraph (3) if such subparagraph were applied by taking into account the employees of all members of the controlled group.

                                                                                                                          (D) Controlled group For purposes of this paragraph, the term “controlled group” means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414.

                                                                                                                          (n) Special rule for certain group health plans

                                                                                                                          Amended 1988, 1993
                                                                                                                          • 1993 Pub. L. 103-66 Pub. L. 103–66, § 13442(a), added subsec. (n). Former subsec. (n) redesignated (o).
                                                                                                                          • 1993 Pub. L. 103-66 Pub. L. 103–66, § 13211(a), redesignated subsec. (m) as (n).
                                                                                                                          • 1988 Pub. L. 100-647 Pub. L. 100–647, § 3011(b)(3)(C), redesignated subsec. (n) as (m).
                                                                                                                          • 1988 Pub. L. 100-647 Pub. L. 100–647, § 1011B(b)(2), redesignated subsec. (m), relating to cross references, as (n).

                                                                                                                          (1) In general No deduction shall be allowed under this chapter to an employer for any amount paid or incurred in connection with a group health plan if the plan does not reimburse for inpatient hospital care services provided in the State of New York—

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                                                                                                                            (A) except as provided in subparagraphs (B) and (C), at the same rate as licensed commercial insurers are required to reimburse hospitals for such services when such reimbursement is not through such a plan,

                                                                                                                            (B) in the case of any reimbursement through a health maintenance organization, at the same rate as health maintenance organizations are required to reimburse hospitals for such services for individuals not covered by such a plan (determined without regard to any government-supported individuals exempt from such rate), or

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                                                                                                                              (C) in the case of any reimbursement through any corporation organized under Article 43 of the New York State Insurance Law, at the same rate as any such corporation is required to reimburse hospitals for such services for individuals not covered by such a plan.

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                                                                                                                                (2) State law exception Paragraph (1) shall not apply to any group health plan which is not required under the laws of the State of New York (determined without regard to this subsection or other provisions of Federal law) to reimburse at the rates provided in paragraph (1).

                                                                                                                                (3) Group health plan For purposes of this subsection, the term “group health plan” means a plan of, or contributed to by, an employer or employee organization (including a self-insured plan) to provide health care (directly or otherwise) to any employee, any former employee, the employer, or any other individual associated or formerly associated with the employer in a business relationship, or any member of their family.

                                                                                                                                (o) Treatment of certain expenses of rural mail carriers

                                                                                                                                Amended 1993, 1997, 2004
                                                                                                                                • 2004 Pub. L. 108-357 Pub. L. 108–357, § 318(b), struck out “reimbursed” before “expenses” in heading.
                                                                                                                                • 1997 Pub. L. 105-34 Pub. L. 105–34, § 1203(a), added subsec. (o) and redesignated former subsec. (o) as (p).
                                                                                                                                • 1993 Pub. L. 103-66 Pub. L. 103–66, § 13442(a), redesignated subsec. (n) as (o).

                                                                                                                                (1) General rule In the case of any employee of the United States Postal Service who performs services involving the collection and delivery of mail on a rural route and who receives qualified reimbursements for the expenses incurred by such employee for the use of a vehicle in performing such services—

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                                                                                                                                  (A) the amount allowable as a deduction under this chapter for the use of a vehicle in performing such services shall be equal to the amount of such qualified reimbursements; and

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                                                                                                                                    (B) such qualified reimbursements shall be treated as paid under a reimbursement or other expense allowance arrangement for purposes of section 62(a)(2)(A) (and section 62(c) shall not apply to such qualified reimbursements).

                                                                                                                                    (2) Special rule where expenses exceed reimbursements Notwithstanding paragraph (1)(A), if the expenses incurred by an employee for the use of a vehicle in performing services described in paragraph (1) exceed the qualified reimbursements for such expenses, such excess shall be taken into account in computing the miscellaneous itemized deductions of the employee under section 67.

                                                                                                                                    Amended 2004
                                                                                                                                    • 2004 Pub. L. 108-357 Pub. L. 108–357, § 318(a), added par. (2) and redesignated former par. (2) as (3).

                                                                                                                                    (3) Definition of qualified reimbursements For purposes of this subsection, the term “qualified reimbursements” means the amounts paid by the United States Postal Service to employees as an equipment maintenance allowance under the 1991 collective bargaining agreement between the United States Postal Service and the National Rural Letter Carriers’ Association. Amounts paid as an equipment maintenance allowance by such Postal Service under later collective bargaining agreements that supersede the 1991 agreement shall be considered qualified reimbursements if such amounts do not exceed the amounts that would have been paid under the 1991 agreement, adjusted by increasing any such amount under the 1991 agreement by an amount equal to—

                                                                                                                                    Amended 2004, 2017
                                                                                                                                    • 2017 Pub. L. 115-97 Pub. L. 115–97, § 11002(d)(6), substituted “adjusted by increasing any such amount under the 1991 agreement by an amount equal to—” and subpars. (A) and (B) for “adjusted for changes in the Consumer Price Index (as defined in section 1(f)(5)) since 1991.”
                                                                                                                                    • 2004 Pub. L. 108-357 Pub. L. 108–357, § 318(a), added par. (2) and redesignated former par. (2) as (3).

                                                                                                                                    (A) such amount, multiplied by

                                                                                                                                    (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting “calendar year 1990” for “calendar year 2016” in subparagraph (A)(ii) thereof.

                                                                                                                                    (p) Treatment of expenses of members of reserve component of Armed Forces of the United States For purposes of subsection (a)(2), in the case of an individual who performs services as a member of a reserve component of the Armed Forces of the United States at any time during the taxable year, such individual shall be deemed to be away from home in the pursuit of a trade or business for any period during which such individual is away from home in connection with such service.

                                                                                                                                    Amended 1997, 2003
                                                                                                                                    • 2003 Pub. L. 108-121 Pub. L. 108–121 added subsec. (p) and redesignated former subsec. (p) as (q).
                                                                                                                                    • 1997 Pub. L. 105-34 Pub. L. 105–34, § 1203(a), added subsec. (o) and redesignated former subsec. (o) as (p).

                                                                                                                                    (q) Payments related to sexual harassment and sexual abuse No deduction shall be allowed under this chapter for—

                                                                                                                                    Amended 2003, 2017
                                                                                                                                    • 2017 Pub. L. 115-97 Pub. L. 115–97, § 13307(a), added subsec. (q). Former subsec. (q) redesignated (r), then (s).
                                                                                                                                    • 2003 Pub. L. 108-121 Pub. L. 108–121 added subsec. (p) and redesignated former subsec. (p) as (q).

                                                                                                                                    (1) any settlement or payment related to sexual harassment or sexual abuse if such settlement or payment is subject to a nondisclosure agreement, or

                                                                                                                                    Textual readingALL OF= no deduction allowed
                                                                                                                                    “any settlement or payment related to sexual harassment or sexual abuse”
                                                                                                                                    “such settlement or payment is subject to a nondisclosure agreement”

                                                                                                                                    (2) attorney’s fees related to such a settlement or payment.

                                                                                                                                    (r) Disallowance of FDIC premiums paid by certain large financial institutions

                                                                                                                                    Amended 2017

                                                                                                                                    (1) In general No deduction shall be allowed for the applicable percentage of any FDIC premium paid or incurred by the taxpayer.

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                                                                                                                                      (2) Exception for small institutions Paragraph (1) shall not apply to any taxpayer for any taxable year if the total consolidated assets of such taxpayer (determined as of the close of such taxable year) do not exceed $10,000,000,000.

                                                                                                                                      (3) Applicable percentage For purposes of this subsection, the term “applicable percentage” means, with respect to any taxpayer for any taxable year, the ratio (expressed as a percentage but not greater than 100 percent) which—

                                                                                                                                      (A) the excess of—

                                                                                                                                      (i) the total consolidated assets of such taxpayer (determined as of the close of such taxable year), over

                                                                                                                                      (ii) $10,000,000,000, bears to

                                                                                                                                      (B) $40,000,000,000.

                                                                                                                                      (4) FDIC premiums For purposes of this subsection, the term “FDIC premium” means any assessment imposed under section 7(b) of the Federal Deposit Insurance Act (12 U.S.C. 1817(b)).

                                                                                                                                      (5) Total consolidated assets For purposes of this subsection, the term “total consolidated assets” has the meaning given such term under section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365).

                                                                                                                                      (6) Aggregation rule

                                                                                                                                      (A) In general Members of an expanded affiliated group shall be treated as a single taxpayer for purposes of applying this subsection.

                                                                                                                                      (B) Expanded affiliated group

                                                                                                                                      (i) In general For purposes of this paragraph, the term “expanded affiliated group” means an affiliated group as defined in section 1504(a), determined—

                                                                                                                                      (I) by substituting “more than 50 percent” for “at least 80 percent” each place it appears, and

                                                                                                                                      (II) without regard to paragraphs (2) and (3) of section 1504(b).

                                                                                                                                      (ii) Control of non-corporate entities A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this clause).

                                                                                                                                      (s) Cross reference

                                                                                                                                      Amended 2017
                                                                                                                                      • 2017 Pub. L. 115-97 Pub. L. 115–97, §§ 13307(a), 13531(a), redesignated subsec. (q) as (r), then (s).

                                                                                                                                      (1) For special rule relating to expenses in connection with subdividing real property for sale, see section 1237.

                                                                                                                                      (2) For special rule relating to the treatment of payments by a transferee of a franchise, trademark, or trade name, see section 1253.

                                                                                                                                      (3) For special rules relating to—

                                                                                                                                      (A) funded welfare benefit plans, see section 419, and

                                                                                                                                      (B) deferred compensation and other deferred benefits, see section 404.