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

26 U.S.C. 543: Personal holding company income

Created in 1960 by Public Law 86-435. Changed by 17 later laws. 1 new law this Congress changed it.

This Congress

  • H.R. 1 An act to provide for reconciliation pursuant to title II of H. Con. Res. 14. · became law · changed (d)

How it got here

2018

  • Pub. L. 115–141, §401(a)(134), substituted "section 563(c)" for "section 563(d)". (Consolidated Appropriations Act, 2018) Law text · (a)
  • Pub. L. 115–141, §401(a)(135), substituted "section 563(c)" for "section 563(d)". (Consolidated Appropriations Act, 2018) Law text · (d)

2014

  • Pub. L. 113–295 added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively. Law text · (a)

2006

  • Pub. L. 109–304 substituted "chapter 533 or 535 of title 46, United States Code" for "section 511 or 607 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1161 or 1177)". Law text · (a)

2004

  • Pub. L. 108–357 inserted "and" at end of subpar. (A), substituted a period for ", and" at end of subpar. (B), and struck out subpar. (C) which read as follows: "in the case of a foreign corporation all of the outstanding stock of which during the last half of the taxable year is own… (American Jobs Creation Act of 2004) Law text · (b)

1999

  • Pub. L. 106–170 substituted "1221(a)(1)" for "1221(1)". (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (a)

1998

  • Pub. L. 105–206 substituted "section 563(d)" for "section 563(c)". (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (d)

1996

  • Pub. L. 104–188 substituted "563(d)" for "563(c)". (Small Business Job Protection Act of 1996) Law text · (a)

1988

  • Pub. L. 100–647, §6279(a), added subpar. (D). · (a)
  • Pub. L. 100–647, §1010(f)(5), substituted "other than life insurance companies" for "other than life or mutual" in heading and "other than a life insurance company" for "other than life or mutual" in text. · (c)

1986

  • Pub. L. 99–514, §1899A(18), substituted "46 U.S.C. App." for "46 U.S.C.". · (a)
  • Pub. L. 99–514, §645(a)(1), added subpar. (C). · (a)
  • Pub. L. 99–514, §645(a)(4)(A), inserted "This paragraph shall not apply to active business computer software royalties." · (a)
  • Pub. L. 99–514, §645(a)(4)(B), added subpar. (E). · (b)
  • Pub. L. 99–514, §645(a)(2), added subsec. (d). · (d)

1984

  • Pub. L. 98–369 struck out subpar. (C) providing for nonapplication of par. (1) to dividends to which section 302(b)(4) would apply if the corporation were an individual. · (a)

1982

  • (a)(1)(C). Pub. L. 97–248 added subpar. (C).

1976

  • Pub. L. 94–455, §1901(b)(32)(D), inserted in subpar. (B) "(46 U.S.C. 1161 or 1177)" after "Merchant Marine Act, 1936", and struck out subpar. (C) relating to a dividend distribution of divested stock. · (a)
  • Pub. L. 94–553 struck out "(other than by reason of section 2 or 6 thereof)" after "title 17 of the United States Code". · (a)
  • Pub. L. 94–455, §211(a), inserted "In the case of a producer who actually participates in the production of the film, such term includes an interest in the proceeds or profits from the film, but only to the extent such interest is attributable to such active participation". · (a)
  • Pub. L. 94–455, §2106(a), redesignated existing provisions as subpars. (A), (B), and (C) and, as redesignated, inserted in subpar. (A) "tangible" after "right to use" and in subpar. (C) inserted exclusions from income embodied in cl. (ii). · (a)
  • Pub. L. 94–455, §1906(b)(13)(A), struck out "or his delegate" after "Secretary". · (b), (B), (D)

1966

  • Pub. L. 89–809, §206(b)(1), struck out provision that royalties received for the use of, or for the privilege of using, a patent, invention, model, or design, secret formula, process, or other similar property right be treated as rent if such property right is also used by the corpo… · (a)
  • Pub. L. 89–809, §104(h)(2), added subpar. (C). · (b)
  • Pub. L. 89–809, §206(b)(2), added subpar. (D). · (b)
  • Pub. L. 89–809, §206(a), struck out "amounts constituting personal holding company income under subsection (a)(6), nor copyright royalties (as defined in subsection (a)(4)), nor produced film rents (as defined in subsection (a)(5)(B))." after "but does not include", and added subpar… · (b)

1964

  • Pub. L. 88–272, §225(d), amended subsec. (a) generally, and among other changes, substituted "adjusted ordinary gross income" for "gross income", provided, relative to rental income, that in addition to the 50-percent test of par. (2)(A), now applied on the basis of adjusted income fro… · (a)
  • Pub. L. 88–484 inserted sentence requiring royalties received for the use of, or for the privilege of using, a patent, invention, model, or design (whether or not patented), secret formula or process, or any other similar property right to be treated as rent, if such property right … · (a)
  • Pub. L. 88–272, §225(d), added subsec. (b). Former subsec. (b), which provided that gross income and personal holding company income determined with respect to transactions relating to gains from stock and security transactions, and with respect to transactions relating to gains from c… · (b)
  • Pub. L. 88–272, §225(k)(2), struck out subsec. (d) which related to special adjustment on disposition of antitrust stock received as a dividend. · (d)

1962

  • Pub. L. 87–403 prescribed conditions making inapplicable the provisions of the paragraph to dividend distribution of divested stock. · (a)
  • Pub. L. 87–403 added subsec. (d). · (d)

1960

  • Pub. L. 86–435, §1(b)(1), excluded copyright royalties. · (a)
  • Pub. L. 86–435, §1(b)(2), inserted sentence providing that copyright royalties constitute personal holding company income. · (a)
  • Pub. L. 86–435, §1(a), added par. (9). · (a)

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.