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26 U.S.C. 246: Rules applying to deductions for dividends received

Created in 1958 by Public Law 85-866. Changed by 17 later laws. No bill we track in this Congress changes it.

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2018

    • Pub. L. 115–141 struck out subsec. (e). Prior to amendment, text read as follows: "No deduction shall be allowed under section 243(a) with respect to a dividend received pursuant to a distribution described in section 936(h)(4)." (Consolidated Appropriations Act, 2018) Law text · (e)

    2017

    • Pub. L. 115–97, §14101(c)(1), substituted "245, and 245A" for "and 245". Law text · (a)
    • Pub. L. 115–97, §14202(b)(2)(B), which directed amendment of par. (1) by substituting "subsection (a) and (b) of section 245, and 250" for "and subsection (a) and (b) of section 245" the second place appearing, was executed by making the substitution for "and subsection (a) or (b) o… Law text · (b)
    • Pub. L. 115–97, §14202(b)(2)(A), which directed amendment of par. (1) by substituting ", subsection (a) and (b) of section 245, and section 250" for "and subsection (a) and (b) of section 245" the first place appearing, was executed by making the substitution for "and subsection (a) or (b) of secti… Law text · (b)
    • Pub. L. 115–97, §13305(b)(1), struck out "199," after "sections 172,". Law text · (b)
    • Pub. L. 115–97, §11011(d)(2), which directed insertion of "199A," before "243(a)(1)", was executed by making the insertion before "243(a)(1)" the second place appearing, to reflect the probable intent of Congress. Law text · (b)
    • Pub. L. 115–97, §13002(c)(1), substituted "65 percent" for "80 percent". Law text · (b)
    • Pub. L. 115–97, §13002(c)(2), substituted "50 percent" for "70 percent". Law text · (b)
    • Pub. L. 115–97, §14101(b)(1), substituted "245, or 245A" for "or 245" in introductory provisions. Law text · (c)
    • Pub. L. 115–97, §14101(b)(2), added par. (5). Law text · (c)

    2014

    • Pub. L. 113–295, §221(a)(41)(E)(i), struck out ", 244," after "sections 243". Law text · (a)
    • Pub. L. 113–295, §221(a)(41)(E)(ii), substituted "section 243(a)(1)" for "sections 243(a)(1), 244(a)," and "and subsection (a) or (b) of section 245," for "244(a), subsection (a) or (b) of section 245, and 247,". Law text · (b)
    • Pub. L. 113–295, §221(a)(41)(E)(iii), struck out ", 244," after "section 243" in introductory provisions. Law text · (c)

    2005

    • Pub. L. 109–135 substituted "paragraph (3) of section 1223" for "paragraph (4) of section 1223". (Gulf Opportunity Zone Act of 2005) Law text · (c)

    2004

    • Pub. L. 108–357, §102(d)(4), inserted "199," after "172,". (American Jobs Creation Act of 2004) Law text · (b)
    • Pub. L. 108–311, §406(f)(1), substituted "91-day period" for "90-day period". (Working Families Tax Relief Act of 2004) Law text · (c)
    • Pub. L. 108–311, §406(f)(2), substituted "181-day period" for "180-day period" and "91-day period" for "90-day period". (Working Families Tax Relief Act of 2004) Law text · (c)
    • Pub. L. 108–357, §888(d), inserted ", other than a qualified covered call option to which section 1092(f) applies" before period at end of concluding provisions. (American Jobs Creation Act of 2004) Law text · (c)

    1997

    • Pub. L. 105–34, §1015(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "which is held by the taxpayer for 45 days or less, or". (Taxpayer Relief Act of 1997) Law text · (c)
    • Pub. L. 105–34, §1015(b)(1), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: "In the case of any stock having preference in dividends, the holding period specified in paragraph (1)(A) shall be 90 days in lieu of 45 days if the taxpayer recei… (Taxpayer Relief Act of 1997) Law text · (c)
    • Pub. L. 105–34, §1015(b)(2), inserted "and" at end of subpar. (A), redesignated subpar. (C) as (B), and struck out former subpar. (B) which read as follows: "there shall not be taken into account any day which is more than 45 days (or 90 days in the case of stock to which paragraph … (Taxpayer Relief Act of 1997) Law text · (c)

    1996

    • Pub. L. 104–188 struck out subsec. (f) which provided a cross reference to section 596 of this title for special rule relating to mutual savings banks, etc., to which section 593 applies. (Small Business Job Protection Act of 1996) Law text · (f)

    1988

    • Pub. L. 100–647 substituted "which" for "Which". · (c)

    1987

    • Pub. L. 100–203, §10221(c)(1)(A), substituted "the percentage determined under paragraph (3)" for "80 percent". · (b)
    • Pub. L. 100–203, §10221(c)(1)(B), added par. (3). · (b)

    1986

    • Pub. L. 99–514, §1812(d)(1)(A), substituted "In" for "For purposes of subparagraph (A), in" in introductory provisions and substituted cl. (i)(II) for former cl. (i)(II) which read as follows: "which were not taken into account under subparagraph (A), bears to". · (a)
    • Pub. L. 99–514, §1812(d)(1)(B), (C), added subpar. (C), redesignated former subpar. (C) as (D), and added cl. (iv) to subpar. (D). · (a), (D)
    • Pub. L. 99–514, §611(a)(3), substituted "80 percent" for "85 percent". · (b)
    • Pub. L. 99–514, §1804(b)(1)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "which is sold or otherwise disposed of in any case in which the taxpayer has held such share for 45 days or less, or". · (c)
    • Pub. L. 99–514, §1804(b)(1)(B), substituted "determined for purposes of this subsection" for "determined under paragraph (3)". · (c)
    • Pub. L. 99–514, §1275(a)(2)(B), struck out "or 934(e)(3)" after "936(h)(4)". · (e)

    1984

    • Pub. L. 98–369, §177(b), amended subsec. (a) generally, designating existing provisions as par. (1) and adding par. (2). · (a)
    • Pub. L. 98–369, §801(b)(2)(A), substituted "subsection (a) or (b) of section 245" for "245" in two places. · (b)
    • Pub. L. 98–369, §53(d)(2), substituted "without regard to any adjustment under section 1059, and without regard" for "and without regard". · (b)
    • Pub. L. 98–369, §53(b)(1), substituted "45" for "15". · (c)
    • Pub. L. 98–369, §53(b)(3), substituted "to make related payments with respect to positions in substantially similar or related property" for "to make corresponding payments with respect to substantially identical stock or securities". · (c)
    • Pub. L. 98–369, §53(b)(1), substituted "45" for "15". · (c)
    • Pub. L. 98–369, §53(b)(4), struck out last sentence which directed that the holding periods determined under the preceding provisions of this paragraph be appropriately reduced (in the manner provided in regulations prescribed by the Secretary) for any period (during such holding pe… · (c)
    • Pub. L. 98–369, §53(b)(1), substituted "45" for "15". · (c)
    • Pub. L. 98–369, §53(b)(2), added par. (4). · (c)

    1982

    • Pub. L. 97–248 added subsec. (e) and redesignated former subsec. (e) as (f). · (e), (f)

    1976

    • Pub. L. 94–455, §1051(f)(3), struck out references to dividends from corporations organized under the China Trade Act, 1922, and corporations to which section 931 (relating to income from sources within possessions of the United States) applies. · (a)
    • Pub. L. 94–455, §1906(b)(13)(A), struck out "or his delegate" after "Secretary". · (c)

    1971

    • Pub. L. 92–178 added subsec. (d) and redesignated former subsec. (d) as (e). · (d), (e)

    1969

    • Pub. L. 91–172, §512(f)(3), substituted "and 247, and without regard to any capital loss carryback to the taxable year under section 1212(a)(1)" for "and 247". · (b)
    • Pub. L. 91–172, §434(b)(1), added subsec. (d). · (d)

    1964

    • Pub. L. 88–272 substituted "243(a)(1), 244(a)" for "243(a), 244" wherever appearing. · (b)

    1958

    • Pub. L. 85–866, §57(c)(2), substituted "243(a)" for "243" wherever appearing. · (b)
    • Pub. L. 85–866, §18(a), added subsec. (c). · (c)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.