WHAT THE LAW DOINCongress, in plain words

The law › Title 26, Internal Revenue Code › Chapter 1

26 U.S.C. 351: Transfer to corporation controlled by transferor

Created in 1966 by Public Law 89-809. Changed by 13 later laws. 1 bill in this Congress would change it.

1 part of federal rules cite it as their authority, written by Internal Revenue Service, Department of the Treasury (1).

This Congress

  • H.R. 10357 Digital Asset Tax Certainty Act · introduced · would change (e)

How it got here

2005

  • Pub. L. 109–135 inserted at end "If there is not a real and meaningful likelihood that dividends beyond any limitation or preference will actually be paid, the possibility of such payments will be disregarded in determining whether stock is limited and preferred as to dividends." (Gulf Opportunity Zone Act of 2005) Law text · (g)

2004

  • Pub. L. 108–357 inserted at end "Stock shall not be treated as participating in corporate growth to any significant extent unless there is a real and meaningful likelihood of the shareholder actually participating in the earnings and growth of the corporation." (American Jobs Creation Act of 2004) Law text · (g)

2002

  • Pub. L. 107–147 inserted comma after "liability". (Job Creation and Worker Assistance Act of 2002) Law text · (h)

1999

  • Pub. L. 106–36 struck out ", or acquires property subject to a liability," after "liability". (Miscellaneous Trade and Technical Corrections Act of 1999) Law text · (h)

1998

  • Pub. L. 105–206, §6010(c)(3)(A), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "In determining control for purposes of this section— (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (c)
  • Pub. L. 105–277 inserted ", or the fact that the corporation whose stock was distributed issues additional stock," after "dispose of part or all of the distributed stock". (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999) Law text · (c)
  • Pub. L. 105–206, §6010(e)(1), inserted "and" at end of subpar. (A), added subpar. (B), and struck out former subpars. (B) and (C) which read as follows: (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (g)

1997

  • Pub. L. 105–34, §1012(c)(1), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: "In determining control, for purposes of this section, the fact that any corporate transferor distributes part or all of the stock which it receives in the exchange… (Taxpayer Relief Act of 1997) Law text · (c)
  • Pub. L. 105–34, §1002(a), inserted last two sentences. (Taxpayer Relief Act of 1997) Law text · (e)
  • Pub. L. 105–34, §1014(a), added subsec. (g) and redesignated former subsec. (g) as (h). (Taxpayer Relief Act of 1997) Law text · (g), (h)

1990

  • Pub. L. 101–508 substituted "is used" for "are used". · (e)

1989

  • Pub. L. 101–239, §7203(a), struck out "or securities" after "stock". · (a)
  • Pub. L. 101–239, §7203(b)(1), struck out "or securities" after "stock". · (b), (d), (e)
  • Pub. L. 101–239, §7203(b)(2), substituted "stock or property" for "stock, securities, or property". · (g)

1988

  • Pub. L. 100–647 added subsec. (f) and redesignated former subsec. (f) as (g). · (f), (g)

1982

  • Pub. L. 97–248 added par. (5). · (f)

1980

  • Pub. L. 96–589, §5(e)(2), struck out provision that stock or securities issued for services shall not be considered as issued in return for property for purposes of this section. · (a)
  • Pub. L. 96–589, §5(e)(1), added subsec. (d). Former subsec. (d) redesignated (e)(1). · (d)
  • Pub. L. 96–589, §5(e)(2), redesignated former subsec. (d) as par. (1) and added par. (2). Former subsec. (e) redesignated (f). · (e)
  • Pub. L. 96–589, §5(e)(1), redesignated former subsec. (e) as (f). · (f)

1976

  • Pub. L. 94–455, §1901(a)(48)(A), struck out "(including, in the case of transfers made on or before June 30, 1967, an investment company)" after "property is transferred to a corporation". · (a)
  • Pub. L. 94–455, §1901(a)(48)(B), among other changes, substituted "Exception" for "Application of June 30, 1967, date" in heading and in text provision that this section does not apply to a transfer of property to an investment company for provisions relating to treatment of a transfer… · (d)

1966

  • Pub. L. 89–809, §203(a), inserted "(including, in the case of transfers made on or before June 30, 1967, an investment company)" after "if property is transferred to a corporation". · (a)
  • Pub. L. 89–809, §203(b), added subsec. (d) and redesignated former subsec. (d) as (e). · (d), (e)

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.