Amended 1989, 2004, 2015
- 2015 Pub. L. 114-41 Pub. L. 114–41 substituted “fourth month” for “third month” wherever appearing.
- 2004 Pub. L. 108-357 Pub. L. 108–357 redesignated subsec. (d) as (c), substituted “subsection (a) or (b)” for “subsection (a), (b), or (c)”, and struck out former subsec. (c) which related to foreign personal holding company tax.
- 1989 Pub. L. 101-239 Pub. L. 101–239, § 7401(b)(2), substituted “subsection (a), (b), or (c)” for “subsection (a) or (b)”.
- 1989 Pub. L. 101-239 Pub. L. 101–239, § 7401(b)(1), redesignated former subsec. (c) as (d).
(a) Accumulated earnings tax In the determination of the dividends paid deduction for purposes of the accumulated earnings tax imposed by section 531, a dividend paid after the close of any taxable year and on or before the 15th day of the fourth month following the close of such taxable year shall be considered as paid during such taxable year.
Cases: Deviney Constr. Co. v. Commissioner, T.C. Memo. 1977-92
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(b) Personal holding company tax In the determination of the dividends paid deduction for purposes of the personal holding company tax imposed by section 541, a dividend paid after the close of any taxable year and on or before the 15th day of the fourth month following the close of such taxable year shall, to the extent the taxpayer elects in its return for the taxable year, be considered as paid during such taxable year. The amount allowed as a dividend by reason of the application of this subsection with respect to any taxable year shall not exceed either—
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(1) The undistributed personal holding company income of the corporation for the taxable year, computed without regard to this subsection, or
(2) 20 percent of the sum of the dividends paid during the taxable year, computed without regard to this subsection.
Amended 1969
- 1969 Pub. L. 91-172 Pub. L. 91–172 substituted “20 percent” for “10 percent”.
(c) Dividends considered as paid on last day of taxable year For the purpose of applying section 562(a), with respect to distributions under subsection (a) or (b) of this section, a distribution made after the close of a taxable year and on or before the 15th day of the fourth month following the close of the taxable year shall be considered as made on the last day of such taxable year.
Amended 1989, 2004
- 2004 Pub. L. 108-357 Pub. L. 108–357 redesignated subsec. (d) as (c), substituted “subsection (a) or (b)” for “subsection (a), (b), or (c)”, and struck out former subsec. (c) which related to foreign personal holding company tax.
- 1989 Pub. L. 101-239 Pub. L. 101–239, § 7401(b)(1), added subsec. (c). Former subsec. (c) redesignated (d).