26 U.S.C. § 1504
§ 1504. Definitions
No plain-English explainer yet. Below is the official text. Explainers are being added section by section.
History
Part of the code since 1954. Last changed March 23, 2018 by the Consolidated Appropriations Act, 2018.
Every change, newest first (19)
- March 23, 2018Consolidated Appropriations Act, 2018
- December 19, 2014Tax Increase Prevention Act of 2014
- August 20, 1996Small Business Job Protection Act of 1996
- November 5, 1990Omnibus Budget Reconciliation Act of 1990
- November 10, 1988Technical and Miscellaneous Revenue Act of 1988
- October 22, 1986Tax Reform Act of 1986
- July 18, 1984Deficit Reduction Act of 1984
- April 1, 1980Public Law 96-222
- November 6, 1978Revenue Act of 1978
- October 4, 1976Tax Reform Act of 1976
- December 10, 1971Public Law 92-178
- December 30, 1969Tax Reform Act of 1969
- April 14, 1966Public Law 89-389
- September 14, 1960Public Law 86-779
- September 23, 1959Public Law 86-376
- June 25, 1959Public Law 86-69
- September 2, 1958Public Law 85-866
- March 13, 1956Internal Revenue Code of 1954 (original text)
- August 16, 1954Internal Revenue Code of 1954 (original text)
The law as written
Current through Public Law 119-102. Amendment notes omitted.
Structure
For purposes of this subtitle—
The term “affiliated group” means—
1 or more chains of includible corporations connected through stock ownership with a common parent corporation which is an includible corporation, but only if—
the common parent owns directly stock meeting the requirements of paragraph (2) in at least 1 of the other includible corporations, and
stock meeting the requirements of paragraph (2) in each of the includible corporations (except the common parent) is owned directly by 1 or more of the other includible corporations.
The ownership of stock of any corporation meets the requirements of this paragraph if it—
possesses at least 80 percent of the total voting power of the stock of such corporation, and
has a value equal to at least 80 percent of the total value of the stock of such corporation.
If—
a corporation is included (or required to be included) in a consolidated return filed by an affiliated group, and
such corporation ceases to be a member of such group,
with respect to periods after such cessation, such corporation (and any successor of such corporation) may not be included in any consolidated return filed by the affiliated group (or by another affiliated group with the same common parent or a successor of such common parent) before the 61st month beginning after its first taxable year in which it ceased to be a member of such affiliated group.
The Secretary may waive the application of subparagraph (A) to any corporation for any period subject to such conditions as the Secretary may prescribe.
For purposes of this subsection, the term “stock” does not include any stock which—
is not entitled to vote,
is limited and preferred as to dividends and does not participate in corporate growth to any significant extent,
has redemption and liquidation rights which do not exceed the issue price of such stock (except for a reasonable redemption or liquidation premium), and
is not convertible into another class of stock.
The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection, including (but not limited to) regulations—
which treat warrants, obligations convertible into stock, and other similar interests as stock, and stock as not stock,
which treat options to acquire or sell stock as having been exercised,
which provide that the requirements of paragraph (2)(B) shall be treated as met if the affiliated group, in reliance on a good faith determination of value, treated such requirements as met,
which disregard an inadvertent ceasing to meet the requirements of paragraph (2)(B) by reason of changes in relative values of different classes of stock,
which provide that transfers of stock within the group shall not be taken into account in determining whether a corporation ceases to be a member of an affiliated group, and
which disregard changes in voting power to the extent such changes are disproportionate to related changes in value.
As used in this chapter, the term “includible corporation” means any corporation except—
Corporations exempt from taxation under section 501.
Insurance companies subject to taxation under section 801.
Foreign corporations.
Regulated investment companies and real estate investment trusts subject to tax under subchapter M of chapter 1.
A DISC (as defined in section 992(a)(1)).
An S corporation.
Notwithstanding the provisions of paragraph (2) of subsection (b)—
Two or more domestic insurance companies each of which is subject to tax under section 801 shall be treated as includible corporations for purposes of applying subsection (a) to such insurance companies alone.
If an affiliated group (determined without regard to subsection (b)(2)) includes one or more domestic insurance companies taxed under section 801, the common parent of such group may elect (pursuant to regulations prescribed by the Secretary) to treat all such companies as includible corporations for purposes of applying subsection (a) except that no such company shall be so treated until it has been a member of the affiliated group for the 5 taxable years immediately preceding the taxable year for which the consolidated return is filed.
If an election under this paragraph is in effect for a taxable year—
section 243(b)(3) and the exception provided under section 243(b)(2) with respect to subsections (b)(2) and (c) of this section,
section 542(b)(5), and
subsection (a)(4) and (b)(2)(D) of section 1563, and the reference to section 1563(b)(2)(D) contained in section 1563(b)(3)(C),
shall not be effective for such taxable year.
In the case of a domestic corporation owning or controlling, directly or indirectly, 100 percent of the capital stock (exclusive of directors’ qualifying shares) of a corporation organized under the laws of a contiguous foreign country and maintained solely for the purpose of complying with the laws of such country as to title and operation of property, such foreign corporation may, at the option of the domestic corporation, be treated for the purpose of this subtitle as a domestic corporation.
Despite the provisions of paragraph (1) of subsection (b), two or more organizations exempt from taxation under section 501, one or more of which is described in section 501(c)(2) and the others of which derive income from such 501(c)(2) organizations, shall be considered as includible corporations for the purpose of the application of subsection (a) to such organizations alone.
In determining the consolidated taxable income of an affiliated group for any taxable year beginning after December 31, 1984, a corporation which had been a DISC and which would otherwise be a member of such group shall not be treated as such a member with respect to—
any distribution (or deemed distribution) of accumulated DISC income which was not treated as previously taxed income under section 805(b)(2)(A) of the Tax Reform Act of 1984, and
any amount treated as received under section 805(b)(3) of such Act.