26 U.S.C. 864: Definitions and special rules

2021

• Pub. L. 117–2 struck out subsec. (f) which related to election to allocate interest and other expenses on worldwide basis. (American Rescue Plan Act of 2021) Law text · (f)

2018

• Pub. L. 115–141, §401(d)(1)(D)(x), amended par. (5) generally. Prior to amendment, par. (5) related to certain provisions that did not apply to any amount treated as interest under par. (1) or (6). (Consolidated Appropriations Act, 2018) Law text · (d)
• Pub. L. 115–141, §401(a)(152), substituted "section 956(c)(3)" for "section 956(b)(3)". (Consolidated Appropriations Act, 2018) Law text · (d)
• Pub. L. 115–141, §401(d)(1)(D)(xvii)(IV), struck out "(determined without regard to paragraph (4) of section 1504(b))" after "section 1504" in introductory provisions. (Consolidated Appropriations Act, 2018) Law text · (e)
• Pub. L. 115–141, §401(d)(1)(D)(xvii)(V), substituted "paragraph (2)" for "paragraphs (2) and (4)". (Consolidated Appropriations Act, 2018) Law text · (f)
• Pub. L. 115–141, §401(d)(1)(D)(xvii)(V), which directed amendment of par. (2) by substituting "paragraph (2)" for "paragraphs (2) and (4)", was executed by making the substitution for "paragraph (4)", to reflect the probable intent of Congress. (Consolidated Appropriations Act, 2018) Law text · (f)

2017

• Pub. L. 115–97, §13501(a)(2)(A), substituted "(7), and (8)" for "and (7)". Law text · (c)
• Pub. L. 115–97, §13501(a)(2)(B), substituted "(7), or (8)" for "or (7)". Law text · (c)
• Pub. L. 115–97, §13501(a)(1), added par. (8). Law text · (c)
• Pub. L. 115–97, §14502(a), amended par. (2) generally. Prior to amendment, text read as follows: "All allocations and apportionments of interest expense shall be made on the basis of assets rather than gross income." Law text · (e)

2010

• Pub. L. 111–240 substituted "dividends, interest, or amounts received for the provision of guarantees of indebtedness" for "dividends or interest". (Small Business Jobs Act of 2010) Law text · (c)
• Pub. L. 111–226 inserted at end "Notwithstanding the preceding sentence, a foreign corporation shall be treated as a member of the affiliated group if—" and added cls. (i) and (ii). (______Act of____) Law text · (e)
• Pub. L. 111–147 substituted "December 31, 2020" for "December 31, 2017". (Hiring Incentives to Restore Employment Act) Law text · (f), (6)

2009

• Pub. L. 111–92, §15(a), substituted "December 31, 2017" for "December 31, 2010". (Worker, Homeownership, and Business Assistance Act of 2009) Law text · (f), (6)
• Pub. L. 111–92, §15(b), struck out par. (7). Text read as follows: "In the case of the first taxable year to which this subsection applies, the increase (if any) in the amount of the interest expense allocable to sources within the United States by reason of the application of this … (Worker, Homeownership, and Business Assistance Act of 2009) Law text · (f)

2008

• Pub. L. 110–289, §3093(a), substituted "December 31, 2010" for "December 31, 2008". (Housing and Economic Recovery Act of 2008) Law text · (f), (6)
• Pub. L. 110–289, §3093(b), added par. (7). (Housing and Economic Recovery Act of 2008) Law text · (f)

2004

• Pub. L. 108–357, §894(a), added concluding provisions. (American Jobs Creation Act of 2004) Law text · (c)
• Pub. L. 108–357, §413(c)(12), redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: "Part III of subchapter G of this chapter (relating to foreign personal holding companies)." (American Jobs Creation Act of 2004) Law text · (d)
• Pub. L. 108–357, §403(b)(6), substituted "(C)(iii)(II)" for "(C)(iii)(III)". (American Jobs Creation Act of 2004) Law text · (d)
• Pub. L. 108–357, §101(b)(6), struck out "(A) In general" before "For purposes" and struck out heading and text of subpar. (B). Text read as follows: "For purposes of allocating and apportioning any interest expense, there shall not be taken into account any qualifying foreign trade … (American Jobs Creation Act of 2004) Law text · (e)
• Pub. L. 108–357, §401(b)(1), inserted "and in other circumstances where such allocation would be appropriate to carry out the purposes of this subsection" before comma at end. (American Jobs Creation Act of 2004) Law text · (e)
• Pub. L. 108–357, §401(b)(2), added subpar. (F) and redesignated former subpar. (F) as (G). (American Jobs Creation Act of 2004) Law text · (e), (G)
• Pub. L. 108–357, §401(a), added subsec. (f) and redesignated former subsec. (f) as (g). (American Jobs Creation Act of 2004) Law text · (f), (g)

2000

• Pub. L. 106–519 designated existing provisions as subpar. (A), inserted heading, and added subpar. (B). (FSC Repeal and Extraterritorial Income Exclusion Act of 2000) Law text · (e)

1999

• Pub. L. 106–170 substituted "section 1221(a)(1)" for "section 1221(1)". (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (c), (d), (6)

1997

• Pub. L. 105–34 struck out ", or in the case of a corporation (other than a corporation which is, or but for section 542(c)(7), 542(c)(10), or 543(b)(1)(C) would be, a personal holding company) the principal business of which is trading in stocks or securities for its own acco… (Taxpayer Relief Act of 1997) Law text · (b)

1993

• Pub. L. 103–66, §13234(a), substituted "50 percent" for "64 percent" in cls. (i) and (ii). · (f)
• Pub. L. 103–66, §13234(b)(2), substituted "subparagraph (B) or (C)" for "subparagraph (C)". · (f)
• Pub. L. 103–66, §13234(b)(1), added pars. (5) and (6) and struck out heading and text of former par. (5). Text read as follows: · (f), (6)

1991

• Pub. L. 102–227 amended par. (5) generally. Prior to amendment, par. (5) read as follows: "This subsection shall apply to the taxpayer's first 2 taxable years beginning after August 1, 1989, and on or before August 1, 1991." · (f)

1990

• Pub. L. 101–508 substituted "Years" for "Year" in heading and amended text generally. Prior to amendment, text read as follows: · (f)

1989

• Pub. L. 101–239 added subsec. (f). · (f)

1988

• Pub. L. 100–647, §1012(p)(30), substituted "section 542(c)(7), 542(c)(10)," for "section 542(c)(7)". · (b)
• Pub. L. 100–647, §1012(g)(5), struck out at end "In applying this paragraph and paragraph (4), interest referred to in section 861(a)(1)(A) shall be considered income from sources within the United States." · (c)
• Pub. L. 100–647, §1012(d)(10), struck out "(including any gain or loss realized on the sale or exchange of such property)" after "section 862(a)(4)" in cl. (i) and ", or gain or loss from the sale or exchange of stock or notes, bonds, or other evidences of indebtedness" … · (c), (ii)
• Pub. L. 100–647, §1012(d)(7), added cl. (iii). · (c)
• Pub. L. 100–647, §1012(r)(2), amended par. (6) generally. Prior to amendment, par. (6) read as follows: "For purposes of this title, any income or gain of a nonresident alien individual or a foreign corporation for any taxable year which is attributable to a sale or exchange of prop… · (c)
• Pub. L. 100–647, §1012(r)(1), amended par. (7) generally. Prior to amendment, par. (7) read as follows: "For purposes of this title, if any property ceases to be used or held for use in connection with the conduct of a trade or business within the United States, the determination of… · (c)
• Pub. L. 100–647, §1012(a)(1)(B), substituted "(C)(iii)(III)" for "(C)(iii)". · (d)
• Pub. L. 100–647, §1012(h)(6)(B), struck out "(except as provided in regulations)" after "subchapter". · (e)
• Pub. L. 100–647, §1012(h)(2)(A), struck out "from sources outside the United States" after "affiliated group". · (e)
• Pub. L. 100–647, §1012(h)(3), inserted sentence at end and struck out former last sentence which read as follows: "A similar rule shall apply in the case of any dividend (other than a qualifying dividend as defined in section 243(b)) for which a deduction is allowable under section … · (e)
• Pub. L. 100–647, §1012(h)(1), substituted "nonaffiliated 10-percent owned corporations" for "certain corporations" in heading and amended text generally. Prior to amendment, text read as follows: "For purposes of allocating and apportioning expenses on the basis of assets, the adjus… · (e)
• Pub. L. 100–647, §1012(h)(4)(B), inserted at end "This subparagraph shall not apply for purposes of paragraph (6)." · (e)
• Pub. L. 100–647, §1012(h)(4)(A), added subpar. (D). · (e)
• Pub. L. 100–647, §1012(h)(5), substituted "directly allocable or apportioned" for "directly allocable and apportioned". · (e)
• Pub. L. 100–647, §1012(h)(6)(A), added subpars. (D) to (F). · (e)

1987

• Pub. L. 100–203 inserted "or part II" after "part I". · (c)

1986

• Pub. L. 99–514, §1215(b)(1), inserted "and special rules" in section catchline.
• Pub. L. 99–514, §1242(b)(1), inserted reference to pars. (6) and (7). · (c)
• Pub. L. 99–514, §1242(b)(2), inserted "paragraph (6) or (7) or in". · (c)
• Pub. L. 99–514, §1899A(21), inserted a comma between "section 871(h)" and "section 881(a)". · (c)
• Pub. L. 99–514, §1211(b)(2), struck out cl. (iii), which read as follows: "is derived from the sale or exchange (without the United States) through such office or other fixed place of business of personal property described in section 1221(1), except that this clause shall n… · (c)
• Pub. L. 99–514, §1242(a), added pars. (6) and (7). · (c), (7)
• Pub. L. 99–514, §1201(d)(4), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: "Subparagraphs (A), (B), (C), and (D) of section 904(d)(2) (relating to interest income to which separate limitation applies) and subparagraph (J) of section 904(d)(3) (relatin… · (d)
• Pub. L. 99–514, §1810(c)(3), inserted "and subparagraph (J) of section 904(d)(3) (relating to interest from members of same affiliated group)". · (d)
• Pub. L. 99–514, §1223(b)(1), substituted "less than 5 percent or $1,000,000" for "less than 10 percent". · (d)
• Pub. L. 99–514, §1221(a)(2), amended cl. (iii) generally, substituting "section 954(c)(2) (relating to certain export financing)" for "section 954(c)(3) (relating to certain income derived in active conduct of trade or business)". · (d)
• Pub. L. 99–514, §1221(a)(2), amended cl. (iv) generally, substituting "Clause (i) of section 954(c)(3)(A) (relating to" for "Subparagraphs (A) and (B) of section 954(c)(4) (relating to exception for". · (d)
• Pub. L. 99–514, §1275(c)(7), amended subpar. (B) generally, striking out cl. (i) heading, substituting "An amount" for "Any amount", and striking out cl. (ii), Virgin Islands corporations, which read as follows: "Subsection (b) of section 934 shall not apply to any amount treated… · (d)
• Pub. L. 99–514, §1810(c)(2), added par. (7) and redesignated former par. (7) as (8). · (d), (8)
• Pub. L. 99–514, §1215(a), added subsec. (e). · (e)

1984

• Pub. L. 98–369, §127(c), substituted "section 871(a)(1), section 871(h) section 881(a), or section 881(c)" for "section 871(a)(1) or section 881(a)". · (c)
• Pub. L. 98–369, §123(a), added subsec. (d). · (d)

1976

• Pub. L. 94–455, §1901(a)(113)(A), substituted in heading "Produced" for "Sale, etc." and struck out in text provisions relating to the definition of sale and sold. · (a)
• Pub. L. 94–455, §1901(a)(113)(B), substituted "sale or exchange" for "sale". · (c)
• Pub. L. 94–455, §1901(a)(113)(B), (C), substituted "sold or exchanged" for "sold" and "sale or exchange" for "sale" wherever appearing. · (c)
• Pub. L. 94–455, §1901(a)(113)(B), substituted "sale or exchange" for "sale" wherever appearing. · (c)

1966

• Pub. L. 89–809 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).