26 U.S.C. § 482: Allocation of income and deductions among taxpayers

§ 1.482-0 Outline of regulations under section 482.§ 1.482-1 Allocation of income and deductions among taxpayers.§ 1.482-1T Allocation of income and deductions among taxpayers (temporary).§ 1.482-2 Determination of taxable income in specific situations.§ 1.482-3 Methods to determine taxable income in connection with a transfer of tangible property.§ 1.482-4 Methods to determine taxable income in connection with a transfer of intangible property.§ 1.482-5 Comparable profits method.§ 1.482-6 Profit split method.§ 1.482-7 Methods to determine taxable income in connection with a cost sharing arrangement.§ 1.482-8 Examples of the best method rule.§ 1.482-9 Methods to determine taxable income in connection with a controlled services transaction.§ 1.482-1A Allocation of income and deductions among taxpayers.§ 1.482-2A Determination of taxable income in specific situations.§ 1.482-7A Methods to determine taxable income in connection with a cost sharing arrangement.Prop. § 1.482-0 Proposed 1998 · Prop. § 1.482-8 Proposed 1998 · [Redesignated as Sec. 1.482-9]Prop. § 1.482-1 Proposed 1998 · Prop. § 1.482-2 Proposed 1998 · Prop. § 1.482-0 Proposed 2002 · Outline of regulations under section 482.Prop. § 1.482-1 Proposed 2015 · Allocation of income and deductions among taxpayers.

Amended 1976, 1986, 2017, 2018

2018 Pub. L. 115-141 Pub. L. 115–141 substituted “section 367(d)(4)” for “section 936(h)(3)(B)”.
2017 Pub. L. 115-97 Pub. L. 115–97 inserted at end “For purposes of this section, the Secretary shall require the valuation of transfers of intangible property (including intangible property transferred with other property or services) on an aggregate basis or the valuation of such a transfer on the basis of the realistic alternatives to such a transfer, if the Secretary determines that such basis is the most reliable means of valuation of such transfers.”
1986 Pub. L. 99-514 Pub. L. 99–514 inserted at end “In the case of any transfer (or license) of intangible property (within the meaning of section 936(h)(3)(B)), the income with respect to such transfer or license shall be commensurate with the income attributable to the intangible.”
1976 Pub. L. 94-455 Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

Cases: Commissioner v. First Security Bank of Utah, 405 U.S. 394 (1972); Peck v. Commissioner, 904 F.2d 525 (9th Cir. 1990); Eli Lilly & Co. v. Commissioner, 856 F.2d 855 (7th Cir. 1988)

Forms: Form 5471; Form 1120; Form 5472; Form 8865

Final rules 13

In any case of two or more organizations, trades, or businesses (whether or not incorporated, whether or not organized in the United States, and whether or not affiliated) owned or controlled directly or indirectly by the same interests, the Secretary may distribute, apportion, or allocate gross income, deductions, credits, or allowances between or among such organizations, trades, or businesses, if he determines that such distribution, apportionment, or allocation is necessary in order to prevent evasion of taxes or clearly to reflect the income of any of such organizations, trades, or businesses. In the case of any transfer (or license) of intangible property (within the meaning of section 367(d)(4)), the income with respect to such transfer or license shall be commensurate with the income attributable to the intangible. For purposes of this section, the Secretary shall require the valuation of transfers of intangible property (including intangible property transferred with other property or services) on an aggregate basis or the valuation of such a transfer on the basis of the realistic alternatives to such a transfer, if the Secretary determines that such basis is the most reliable means of valuation of such transfers.