Tax imposed
Married individuals filing joint returns and surviving spouses
There is hereby imposed on the taxable income of—
every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and
every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:
If taxable income is: | The tax is: |
|---|---|
Not over $36,900 | 15% of taxable income. |
Over $36,900 but not over $89,150 | $5,535, plus 28% of the excess over $36,900. |
Over $89,150 but not over $140,000 | $20,165, plus 31% of the excess over $89,150. |
Over $140,000 but not over $250,000 | $35,928.50, plus 36% of the excess over $140,000. |
Over $250,000 | $75,528.50, plus 39.6% of the excess over $250,000. |
Heads of households
If taxable income is: | The tax is: |
|---|---|
Not over $29,600 | 15% of taxable income. |
Over $29,600 but not over $76,400 | $4,440, plus 28% of the excess over $29,600. |
Over $76,400 but not over $127,500 | $17,544, plus 31% of the excess over $76,400. |
Over $127,500 but not over $250,000 | $33,385, plus 36% of the excess over $127,500. |
Over $250,000 | $77,485, plus 39.6% of the excess over $250,000. |
Unmarried individuals (other than surviving spouses and heads of households)
If taxable income is: | The tax is: |
|---|---|
Not over $22,100 | 15% of taxable income. |
Over $22,100 but not over $53,500 | $3,315, plus 28% of the excess over $22,100. |
Over $53,500 but not over $115,000 | $12,107, plus 31% of the excess over $53,500. |
Over $115,000 but not over $250,000 | $31,172, plus 36% of the excess over $115,000. |
Over $250,000 | $79,772, plus 39.6% of the excess over $250,000. |
Married individuals filing separate returns
If taxable income is: | The tax is: |
|---|---|
Not over $18,450 | 15% of taxable income. |
Over $18,450 but not over $44,575 | $2,767.50, plus 28% of the excess over $18,450. |
Over $44,575 but not over $70,000 | $10,082.50, plus 31% of the excess over $44,575. |
Over $70,000 but not over $125,000 | $17,964.25, plus 36% of the excess over $70,000. |
Over $125,000 | $37,764.25, plus 39.6% of the excess over $125,000. |
Estates and trusts
There is hereby imposed on the taxable income of—
every estate, and
every trust,
taxable under this subsection a tax determined in accordance with the following table:
If taxable income is: | The tax is: |
|---|---|
Not over $1,500 | 15% of taxable income. |
Over $1,500 but not over $3,500 | $225, plus 28% of the excess over $1,500. |
Over $3,500 but not over $5,500 | $785, plus 31% of the excess over $3,500. |
Over $5,500 but not over $7,500 | $1,405, plus 36% of the excess over $5,500. |
Over $7,500 | $2,125, plus 39.6% of the excess over $7,500. |
Phaseout of marriage penalty in 15-percent bracket; adjustments in tax tables so that inflation will not result in tax increases
In general
Method of prescribing tables
The table which under paragraph (1) is to apply in lieu of the table contained in subsection (a), (b), (c), (d), or (e), as the case may be, with respect to taxable years beginning in any calendar year shall be prescribed—
except as provided in paragraph (8), by increasing the minimum and maximum dollar amounts for each rate bracket for which a tax is imposed under such table by the cost-of-living adjustment for such calendar year,
by not changing the rate applicable to any rate bracket as adjusted under subparagraph (A), and
by adjusting the amounts setting forth the tax to the extent necessary to reflect the adjustments in the rate brackets.
Cost-of-living adjustment
For purposes of paragraph (2), the cost-of-living adjustment for any calendar year is the percentage (if any) by which—
the CPI for the preceding calendar year, exceeds
the CPI for the calendar year 1992.
CPI for any calendar year
Consumer Price Index
Rounding
In general
Table for married individuals filing separately
Special rule for certain brackets
Calendar year 1994
Later calendar years
Elimination of marriage penalty in 15-percent bracket
With respect to taxable years beginning after
the maximum taxable income in the 15-percent rate bracket in the table contained in subsection (a) (and the minimum taxable income in the next higher taxable income bracket in such table) shall be 200 percent of the maximum taxable income in the 15-percent rate bracket in the table contained in subsection (c) (after any other adjustment under this subsection), and
the comparable taxable income amounts in the table contained in subsection (d) shall be ½ of the amounts determined under subparagraph (A).
Certain unearned income of children taxed as if parent’s income
In general
In the case of any child to whom this subsection applies, the tax imposed by this section shall be equal to the greater of—
the tax imposed by this section without regard to this subsection, or
the sum of—
the tax which would be imposed by this section if the taxable income of such child for the taxable year were reduced by the net unearned income of such child, plus
such child’s share of the allocable parental tax.
Child to whom subsection applies
This subsection shall apply to any child for any taxable year if—
such child—
has not attained age 18 before the close of the taxable year, or
has attained age 18 before the close of the taxable year and meets the age requirements of section 152(c)(3) (determined without regard to subparagraph (B) thereof), and
whose earned income (as defined in section 911(d)(2)) for such taxable year does not exceed one-half of the amount of the individual’s support (within the meaning of section 152(c)(1)(D) after the application of section 152(f)(5) (without regard to subparagraph (A) thereof)) for such taxable year,
either parent of such child is alive at the close of the taxable year, and
such child does not file a joint return for the taxable year.
Allocable parental tax
For purposes of this subsection—
In general
The term “allocable parental tax” means the excess of—
the tax which would be imposed by this section on the parent’s taxable income if such income included the net unearned income of all children of the parent to whom this subsection applies, over
the tax imposed by this section on the parent without regard to this subsection.
For purposes of clause (i), net unearned income of all children of the parent shall not be taken into account in computing any exclusion, deduction, or credit of the parent.
Child’s share
Special rule where parent has different taxable year
Net unearned income
For purposes of this subsection—
In general
The term “net unearned income” means the excess of—
the portion of the adjusted gross income for the taxable year which is not attributable to earned income (as defined in section 911(d)(2)), over
the sum of—
the amount in effect for the taxable year under section 63(c)(5)(A) (relating to limitation on standard deduction in the case of certain dependents), plus
the greater of the amount described in subclause (I) or, if the child itemizes his deductions for the taxable year, the amount of the itemized deductions allowed by this chapter for the taxable year which are directly connected with the production of the portion of adjusted gross income referred to in clause (i).
Limitation based on taxable income
Treatment of distributions from qualified disability trusts
Special rules for determining parent to whom subsection applies
For purposes of this subsection, the parent whose taxable income shall be taken into account shall be—
in the case of parents who are not married (within the meaning of section 7703), the custodial parent (within the meaning of section 152(e)) of the child, and
in the case of married individuals filing separately, the individual with the greater taxable income.
Providing of parent’s TIN
Election to claim certain unearned income of child on parent’s return
In general
If—
any child to whom this subsection applies has gross income for the taxable year only from interest and dividends (including Alaska Permanent Fund dividends),
such gross income is more than the amount described in paragraph (4)(A)(ii)(I) and less than 10 times the amount so described,
no estimated tax payments for such year are made in the name and TIN of such child, and no amount has been deducted and withheld under section 3406, and
the parent of such child (as determined under paragraph (5)) elects the application of subparagraph (B),
such child shall be treated (other than for purposes of this paragraph) as having no gross income for such year and shall not be required to file a return under section 6012.
Income included on parent’s return
In the case of a parent making the election under this paragraph—
the gross income of each child to whom such election applies (to the extent the gross income of such child exceeds twice the amount described in paragraph (4)(A)(ii)(I)) shall be included in such parent’s gross income for the taxable year,
the tax imposed by this section for such year with respect to such parent shall be the amount equal to the sum of—
the amount determined under this section after the application of clause (i), plus
for each such child, 10 percent of the lesser of the amount described in paragraph (4)(A)(ii)(I) or the excess of the gross income of such child over the amount so described, and
any interest which is an item of tax preference under section 57(a)(5) of the child shall be treated as an item of tax preference of such parent (and not of such child).
Regulations
Maximum capital gains rate
In general
If a taxpayer has a net capital gain for any taxable year, the tax imposed by this section for such taxable year shall not exceed the sum of—
a tax computed at the rates and in the same manner as if this subsection had not been enacted on the greater of—
taxable income reduced by the net capital gain; or
the lesser of—
the amount of taxable income taxed at a rate below 25 percent; or
taxable income reduced by the adjusted net capital gain;
0 percent of so much of the adjusted net capital gain (or, if less, taxable income) as does not exceed the excess (if any) of—
the amount of taxable income which would (without regard to this paragraph) be taxed at a rate below 25 percent, over
the taxable income reduced by the adjusted net capital gain;
15 percent of the lesser of—
so much of the adjusted net capital gain (or, if less, taxable income) as exceeds the amount on which a tax is determined under subparagraph (B), or
the excess of—
the amount of taxable income which would (without regard to this paragraph) be taxed at a rate below 39.6 percent, over
the sum of the amounts on which a tax is determined under subparagraphs (A) and (B),
20 percent of the adjusted net capital gain (or, if less, taxable income) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C),
25 percent of the excess (if any) of—
the unrecaptured section 1250 gain (or, if less, the net capital gain (determined without regard to paragraph (11))), over
the excess (if any) of—
the sum of the amount on which tax is determined under subparagraph (A) plus the net capital gain, over
taxable income; and
28 percent of the amount of taxable income in excess of the sum of the amounts on which tax is determined under the preceding subparagraphs of this paragraph.
Net capital gain taken into account as investment income
Adjusted net capital gain
For purposes of this subsection, the term “adjusted net capital gain” means the sum of—
net capital gain (determined without regard to paragraph (11)) reduced (but not below zero) by the sum of—
unrecaptured section 1250 gain, and
28-percent rate gain, plus
qualified dividend income (as defined in paragraph (11)).
28-percent rate gain
For purposes of this subsection, the term “28-percent rate gain” means the excess (if any) of—
the sum of—
collectibles gain; and
section 1202 gain, over
the sum of—
collectibles loss;
the net short-term capital loss; and
the amount of long-term capital loss carried under section 1212(b)(1)(B) to the taxable year.
Collectibles gain and loss
For purposes of this subsection—
In general
Partnerships, etc.
Unrecaptured section 1250 gain
For purposes of this subsection—
In general
The term “unrecaptured section 1250 gain” means the excess (if any) of—
the amount of long-term capital gain (not otherwise treated as ordinary income) which would be treated as ordinary income if section 1250(b)(1) included all depreciation and the applicable percentage under section 1250(a) were 100 percent, over
the excess (if any) of—
the amount described in paragraph (4)(B); over
the amount described in paragraph (4)(A).
Limitation with respect to section 1231 property
Section 1202 gain
For purposes of this subsection, the term “section 1202 gain” means the excess of—
the gain which would be excluded from gross income under section 1202 but for the percentage limitation in section 1202(a), over
the gain excluded from gross income under section 1202.
Coordination with recapture of net ordinary losses under section 1231
Regulations
Pass-thru entity defined
For purposes of this subsection, the term “pass-thru entity” means—
a regulated investment company;
a real estate investment trust;
an S corporation;
a partnership;
an estate or trust;
a common trust fund; and
a qualified electing fund (as defined in section 1295).
Dividends taxed as net capital gain
In general
Qualified dividend income
For purposes of this paragraph—
In general
The term “qualified dividend income” means dividends received during the taxable year from—
domestic corporations, and
qualified foreign corporations.
Certain dividends excluded
Such term shall not include—
any dividend from a corporation which for the taxable year of the corporation in which the distribution is made, or the preceding taxable year, is a corporation exempt from tax under section 501 or 521,
any amount allowed as a deduction under section 591 (relating to deduction for dividends paid by mutual savings banks, etc.), and
any dividend described in section 404(k).
Coordination with section 246(c)
Such term shall not include any dividend on any share of stock—
with respect to which the holding period requirements of section 246(c) are not met (determined by substituting in section 246(c) “60 days” for “45 days” each place it appears and by substituting “121-day period” for “91-day period”), or
to the extent that the taxpayer is under an obligation (whether pursuant to a short sale or otherwise) to make related payments with respect to positions in substantially similar or related property.
Qualified foreign corporations
In general
Except as otherwise provided in this paragraph, the term “qualified foreign corporation” means any foreign corporation if—
such corporation is incorporated in a possession of the United States, or
such corporation is eligible for benefits of a comprehensive income tax treaty with the United States which the Secretary determines is satisfactory for purposes of this paragraph and which includes an exchange of information program.
Dividends on stock readily tradable on United States securities market
Exclusion of dividends of certain foreign corporations
Coordination with foreign tax credit limitation
Special rules
Amounts taken into account as investment income
Extraordinary dividends
Treatment of dividends from regulated investment companies and real estate investment trusts
Rate reductions after 2000
10-percent rate bracket
In general
In the case of taxable years beginning after
the rate of tax under subsections (a), (b), (c), and (d) on taxable income not over the initial bracket amount shall be 10 percent, and
the 15 percent rate of tax shall apply only to taxable income over the initial bracket amount but not over the maximum dollar amount for the 15-percent rate bracket.
Initial bracket amount
For purposes of this paragraph, the initial bracket amount is—
$14,000 in the case of subsection (a),
$10,000 in the case of subsection (b), and
½ the amount applicable under clause (i) (after adjustment, if any, under subparagraph (C)) in the case of subsections (c) and (d).
Inflation adjustment
In prescribing the tables under subsection (f) which apply with respect to taxable years beginning in calendar years after 2003—
the cost-of-living adjustment shall be determined under subsection (f)(3) by substituting “2002” for “1992” in subparagraph (B) thereof, and
the adjustments under clause (i) shall not apply to the amount referred to in subparagraph (B)(iii).
If any amount after adjustment under the preceding sentence is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.
25-, 28-, and 33-percent rate brackets
The tables under subsections (a), (b), (c), (d), and (e) shall be applied—
by substituting “25%” for “28%” each place it appears (before the application of subparagraph (B)),
by substituting “28%” for “31%” each place it appears, and
by substituting “33%” for “36%” each place it appears.
Modifications to income tax brackets for high-income taxpayers
35-percent rate bracket
In the case of taxable years beginning after
the rate of tax under subsections (a), (b), (c), and (d) on a taxpayer’s taxable income in the highest rate bracket shall be 35 percent to the extent such income does not exceed an amount equal to the excess of—
the applicable threshold, over
the dollar amount at which such bracket begins, and
the 39.6 percent rate of tax under such subsections shall apply only to the taxpayer’s taxable income in such bracket in excess of the amount to which clause (i) applies.
Applicable threshold
For purposes of this paragraph, the term “applicable threshold” means—
$450,000 in the case of subsection (a),
$425,000 in the case of subsection (b),
$400,000 in the case of subsection (c), and
½ the amount applicable under clause (i) (after adjustment, if any, under subparagraph (C)) in the case of subsection (d).
Inflation adjustment
Adjustment of tables
Source
(Aug. 16, 1954, ch. 736, 68A Stat. 5; Pub. L. 88–272, title I, § 111,Notes
Inflation Adjusted Items for Certain Years
Amendments
“In the case of taxable years beginning during calendar year: | The corresponding percentages shall be substituted for the following percentages: | ||||
|---|---|---|---|---|---|
28% | 31% | 36% | 39.6% | ||
2001 | 27.5% | 30.5% | 35.5% | 39.1% | |
2002 and 2003 | 27.0% | 30.0% | 35.0% | 38.6% | |
2004 and 2005 | 26.0% | 29.0% | 34.0% | 37.6% | |
2006 and thereafter | 25.0% | 28.0% | 33.0% | 35.0%” |
Effective Date of 2013 Amendment
In general.—
Except as otherwise provided, the amendments made by subsections (b) and (c) [amending this section, sections 55, 531, 541, 1445, and 7518 of this title, and section 53511 of Title 46, Shipping] shall apply to taxable years beginning after
Withholding.—
The amendments made by paragraphs (1)(C) and (3) of subsection (c) [amending section 1445 of this title] shall apply to amounts paid on or after
Effective and Termination Dates of 2010 Amendment
Effective Date of 2007 Amendment
Effective Date of 2006 Amendment
Effective and Termination Dates of 2004 Amendment
In general.—
Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 170, 171, 245, 312, 443, 465, 508, 542, 543, 562, 563, 751, 864, 898, 904, 951, 954, 989, 1014, 1016, 1212, 1223, 1248, 1260, 1291, 1294, 4947, 4948, 6103, 6501, and 6679 of this title and repealing sections 551 to 558, 1246, 1247, and 6035 of this title] shall apply to taxable years of foreign corporations beginning after
Subsection (c)(27).—
The amendments made by subsection (c)(27) [amending section 6103 of this title] shall apply to disclosures of return or return information with respect to taxable years beginning after
Effective and Termination Dates of 2003 Amendment
In general.—
The amendments made by this section [amending this section] shall apply to taxable years beginning after
Tables for 2003.—
The Secretary of the Treasury shall modify each table which has been prescribed under section 1(f) of the Internal Revenue Code of 1986 for taxable years beginning in 2003 and which relates to the amendment made by subsection (a) to reflect such amendment.”
In general.—
Except as otherwise provided by this subsection, the amendments made by this section [amending this section, sections 55, 57, 1445, and 7518 of this title, and section 1177 of Title 46, Appendix, Shipping] shall apply to taxable years ending on or after
Withholding.—
The amendment made by subsection (a)(2)(C) [amending section 1445 of this title] shall apply to amounts paid after the date of the enactment of this Act [
Small business stock.—
The amendments made by subsection (b)(3) [amending section 57 of this title] shall apply to dispositions on or after
In general.—
Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 163, 301, 306, 338, 467, 531, 541, 584, 702, 854, 857, 1255, and 1257 of this title and repealing section 341 of this title] shall apply to taxable years beginning after
Pass-thru entities.—
In the case of a pass-thru entity described in subparagraph (A), (B), (C), (D), (E), or (F) of section 1(h)(10) of the Internal Revenue Code of 1986, as amended by this Act, the amendments made by this section shall apply to taxable years ending after
Effective and Termination Dates of 2001 Amendment
In general.—
Except as provided in paragraph (2), the amendments made by this section [enacting section 6428 of this title and amending this section and sections 15, 531, 541, 3402, and 3406 of this title] shall apply to taxable years beginning after
Amendments to withholding provisions.—
The amendments made by paragraphs (6), (7), (8), (9), (10), and (11) of subsection (c) [amending sections 3402 and 3406 of this title] shall apply to amounts paid after the 60th day after the date of the enactment of this Act [
Effective Date of 2000 Amendment
Effective Date of 1998 Amendment
In general.—
Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 1223 and 1235 of this title] shall apply to taxable years ending after
Subsection (a)(5).—
The amendments made by subsection (a)(5) [amending sections 1223 and 1235 of this title] shall take effect on
Effective Date of 1997 Amendment
In general.—
Except as provided in paragraph (2), the amendments made by this section [amending this section, sections 55, 57, 904, 1445, and 7518 of this title, and section 1177 of Title 46, Appendix, Shipping] shall apply to taxable years ending after
Withholding.—
The amendment made by subsection (c)(1) [amending section 1445 of this title] shall apply only to amounts paid after the date of the enactment of this Act [
Effective Date of 1996 Amendment
Effective Date of 1993 Amendment
Effective Date of 1990 Amendment
Effective Date of 1989 Amendment
Effective Date of 1988 Amendment
General Rule.—
Except as otherwise provided in this title, any amendment made by this title [see Tables for classification], shall take effect as if included in the provision of the Reform Act [Pub. L. 99–514] to which such amendment relates.
Waiver of Estimated Tax Penalties.—
No addition to tax shall be made under section 6654 or 6655 of the 1986 Code for any period before
Effective Date of 1986 Amendment
General Rule.—
Except as otherwise provided in this section, the amendments made by this title [enacting section 67 of this title, amending this section, sections 3, 5, 15, 21, 32, 62, 63, 74, 85, 86, 102, 108, 117, 129, 151, 152, 164, 170, 172, 183, 213, 265, 274, 280A, 402, 441, 443, 527, 541, 613A, 642, 667, 861, 862, 901, 904, 1398, 1441, 2032A, 3121, 3231, 3306, 3401, 3402, 3507, 4941, 4945, 6012 to 6014, 6212, 6504, 6511, and 7871 of this title, and section 409 of Title 42, The Public Health and Welfare, renumbering section 223 of this title as section 220 of this title, repealing sections 24, 221, 222, and 1301 to 1305 of this title, and enacting provisions set out as a note under section 32 of this title] shall apply to taxable years beginning after
Unemployment Compensation.—
The amendment made by section 121 [amending section 85 of this title] shall apply to amounts received after
Prizes and Awards.—
The amendments made by section 122 [amending sections 74, 102, 274, 3121, 3231, 3306, 3401, 4941, and 4945 of this title and section 409 of Title 42, The Public Health and Welfare] shall apply to prizes and awards granted after
Scholarships.—
The amendments made by section 123 [amending sections 74, 117, 1441, and 7871 of this title] shall apply to taxable years beginning after
Parsonage and Military Housing Allowances.—
The amendment made by section 144 [amending section 265 of this title] shall apply to taxable years beginning before, on, or after,
Effective Date of 1983 Amendment
Effective Date of 1981 Amendment
Effective Date of 1978 Amendment
Effective Date of 1977 Amendment
Effective Date of 1969 Amendment
Effective Date of 1966 Amendment
The amendments made by this section (other than the amendments made by subsections (h), (i), and (k)) [enacting section 877 of this title, amending this section and sections 116, 154, 871, 872, 873, 874, 875, 932, 6015, and 7701 of this title, renumbering section 877 as 878, and repealing section 1493 of this title] shall apply with respect to taxable years beginning after
The amendments made by subsection (h) [amending section 1441 of this title] shall apply with respect to payments made in taxable years of recipients beginning after
The amendments made by subsection (i) [amending section 1461 of this title] shall apply with respect to payments occurring after
The amendments made by subsection (k) [amending section 3401 of this title] shall apply with respect to remuneration paid after
Effective Date of 1964 Amendment
Short Title of 2013 Amendment
Short Title of 2012 Amendment
Short Title of 2011 Amendment
Short Title of 2010 Amendment
Short Title of 2009 Amendment
Short Title of 2008 Amendment
Short Title of 2007 Amendment
Short Title of 2006 Amendment
Short Title of 2005 Amendment
Short Title of 2004 Amendment
Short Title of 2003 Amendment
Short Title of 2002 Amendment
Short Title of 2001 Amendment
Short Title of 2000 Amendment
Short Title of 1999 Amendment
Short Title of 1998 Amendment
Short Title of 1997 Amendment
Short Title of 1996 Amendment
Short Title of 1994 Amendment
Short Title of 1993 Amendment
Short Title of 1992 Amendment
Short Title of 1991 Amendment
Short Title of 1990 Amendment
Short Title of 1989 Amendment
Short Title of 1988 Amendment
Short Title of 1987 Amendment
Short Title of 1986 Amendment
Short Title of 1984 Amendment
Short Title of 1983 Amendment
Short Title of 1982 Amendment
Short Title of 1981 Amendment
Short Title of 1980 Amendment
Short Title of 1979 Amendment
Short Title of 1978 Amendment
Short Title of 1977 Amendment
Short Title of 1976 Amendment
Short Title of 1975 Amendment
Short Title of 1973 Amendment
Short Title of 1972 Amendment
Short Title of 1971 Amendment
Short Title of 1970 Amendment
Short Title of 1969 Amendment
Short Title of 1968 Amendment
Short Title of 1967 Amendment
Short Title of 1966 Amendment
Short Title of 1965 Amendment
Short Title of 1964 Amendment
Short Title of 1963 Amendment
Short Title of 1962 Amendment
Short Title of 1961 Amendment
Short Title of 1959 Amendment
Short Title of 1958 Amendment
Short Title of 1957 Amendment
Short Title of 1956 Amendment
Short Title of 1955 Amendment
Purposes and Principles
Statement of Purposes.—
The purposes of this Act [see Tables for classification] include the following:
To preserve and create jobs and promote economic recovery.
To assist those most impacted by the recession.
To provide investments needed to increase economic efficiency by spurring technological advances in science and health.
To invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits.
To stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases.
General Principles Concerning Use of Funds.—
The President and the heads of Federal departments and agencies shall manage and expend the funds made available in this Act so as to achieve the purposes specified in subsection (a), including commencing expenditures and activities as quickly as possible consistent with prudent management.”
Transitional Rules for Taxable Years Which Include May 6, 2003
The amount of tax determined under subparagraph (B) of section 1(h)(1) of such Code shall be the sum of—
5 percent of the lesser of—
the net capital gain determined by taking into account only gain or loss properly taken into account for the portion of the taxable year on or after
the amount on which a tax is determined under such subparagraph (without regard to this subsection),
8 percent of the lesser of—
the qualified 5-year gain (as defined in section 1(h)(9) of the Internal Revenue Code of 1986, as in effect on the day before the date of the enactment of this Act [
the excess (if any) of—
10 percent of the excess (if any) of—
the amount on which a tax is determined under such subparagraph (without regard to this subsection), over
the sum of the amounts on which a tax is determined under subparagraphs (A) and (B).
The amount of tax determined under [former] subparagraph (C) of section (1)(h)(1) of such Code shall be the sum of—
15 percent of the lesser of—
the excess (if any) of the amount of net capital gain determined under subparagraph (A)(i) of paragraph (1) of this subsection over the amount on which a tax is determined under subparagraph (A) of paragraph (1) of this subsection, or
the amount on which a tax is determined under such subparagraph (C) (without regard to this subsection), plus
20 percent of the excess (if any) of—
the amount on which a tax is determined under such subparagraph (C) (without regard to this subsection), over
the amount on which a tax is determined under subparagraph (A) of this paragraph.
For purposes of applying section 55(b)(3) of such Code, rules similar to the rules of paragraphs (1) and (2) of this subsection shall apply.
In applying this subsection with respect to any pass-thru entity, the determination of when gains and losses are properly taken into account shall be made at the entity level.
For purposes of applying section 1(h)(11) of such Code, as added by section 302 of this Act, to this subsection, dividends which are qualified dividend income shall be treated as gain properly taken into account for the portion of the taxable year on or after
Terms used in this subsection which are also used in section 1(h) of such Code shall have the respective meanings that such terms have in such section.”
Coordination of Provisions in Amendatory Acts
Adjustments for Consumer Price Index Error
Determinations by OMB.—
As soon as practicable after the date of the enactment of this Act [
are targeted to the amount of the shortfall experienced by individual beneficiaries, and
compensate for the shortfall.
Coordination with Federal Agencies.—
As soon as practicable after the date of the enactment of this Act [
Implementation Pursuant to Agency Reports.—
Upon receipt of the report submitted by a Federal agency pursuant to subsection (b), the Director shall review the initial determination of the agency, the agency’s description of the nature of the shortfall, and the compensation payments proposed by the agency. Prior to directing payment of such payments pursuant to subsection (a), the Director shall make appropriate adjustments (if any) in the compensation payments proposed by the agency that the Director determines are necessary to comply with the requirements of subsection (a) and transmit to the agency a summary report of the review, indicating any adjustments made by the Director. The agency shall make the compensation payments as directed by the Director pursuant to subsection (a) in accordance with the Director’s summary report.
Income Disregard Under Federal Means-Tested Benefit Programs.—
A payment made under this section to compensate for a shortfall in benefits shall, in accordance with guidelines issued by the Director pursuant to this section, be disregarded in determining income under title VIII of the Social Security Act [42 U.S.C. 1001 et seq.] or any applicable Federal benefit program that is means-tested.
Funding.—
Funds otherwise available under each applicable Federal benefit program for making benefit payments under such program are hereby made available for making compensation payments under this section in connection with such program.
No Judicial Review.—
No action taken pursuant to this section shall be subject to judicial review.
Director’s Report.—
Not later than
Definitions.—
For purposes of this section:
Applicable federal benefit program.—
The term ‘applicable Federal benefit program’ means any program of the Government of the United States providing for regular or periodic payments or cash assistance paid directly to individual beneficiaries, as determined by the Director of the Office of Management and Budget.
Federal agency.—
The term ‘Federal agency’ means a department, agency, or instrumentality of the Government of the United States.
CPI computation error for 1999.—
The term ‘CPI computation error for 1999’ means the error in the computation of the Consumer Price Index announced by the Bureau of Labor Statistics on
Tax Provisions.—
In the case of taxable years (and other periods) beginning after
the correct amount of such Index shall (in such manner and to such extent as the Secretary of the Treasury determines to be appropriate) be taken into account for purposes of such Code, and
tables prescribed under section 1(f) of such Code to reflect such correct amount shall apply in lieu of any tables that were prescribed based on the erroneous amount.”
Application of Special Rules for Maximum Capital Gains Rate
Subparagraphs (A)(i)(II), (A)(ii)(II), and (B)(ii) of section 1(h)(13) of the 1986 Code shall not apply to any distribution after
gains and losses recognized directly by such company or trust, and
amounts properly taken into account by such company or trust by reason of holding (directly or indirectly) an interest in another such company or trust to the extent that such subparagraphs did not apply to such other company or trust with respect to such amounts.
Subparagraph (A) shall not apply to any distribution which is treated under section 852(b)(7) or 857(b)(8) of the 1986 Code as received on
For purposes of subparagraph (A), any amount which is includible in gross income of its shareholders under section 852(b)(3)(D) or 857(b)(3)(D) of the 1986 Code after
For purposes of subparagraph (A), in the case of a qualified partnership with respect to which a regulated investment company meets the holding requirement of clause (iii)—
the subparagraphs referred to in subparagraph (A) shall not apply to gains and losses recognized directly by such partnership for purposes of determining such company’s distributive share of such gains and losses, and
such company’s distributive share of such gains and losses (as so determined) shall be treated as recognized directly by such company.
The preceding sentence shall apply only if the qualified partnership provides the company with written documentation of such distributive share as so determined.
For purposes of clause (i), the term ‘qualified partnership’ means, with respect to a regulated investment company, any partnership if—
the partnership is an investment company registered under the Investment Company Act of 1940 [15 U.S.C. 80a–1 et seq.],
the regulated investment company is permitted to invest in such partnership by reason of section 12(d)(1)(E) of such Act [15 U.S.C. 80a–12(d)(1)(E)] or an exemptive order of the Securities and Exchange Commission under such section, and
the regulated investment company and the partnership have the same taxable year.
A regulated investment company meets the holding requirement of this clause with respect to a qualified partnership if (as of
the value of the interests of the regulated investment company in such partnership is 35 percent or more of the value of such company’s total assets, or
the value of the interests of the regulated investment company in such partnership and all other qualified partnerships is 90 percent or more of the value of such company’s total assets.”
Capital Gain Distribution by Trust
Election To Recognize Gain on Assets Held on January 1, 2001
In general.—
A taxpayer other than a corporation may elect to treat—
any readily tradable stock (which is a capital asset) held by such taxpayer on
any other capital asset or property used in the trade or business (as defined in section 1231(b) of the Internal Revenue Code of 1986) held by the taxpayer on
Treatment of gain or loss.—
Any gain resulting from an election under paragraph (1) shall be treated as received or accrued on the date the asset is treated as sold under paragraph (1) and shall be included in gross income notwithstanding any provision of the Internal Revenue Code of 1986.
Any loss resulting from an election under paragraph (1) shall not be allowed for any taxable year.
Election.—
An election under paragraph (1) shall be made in such manner as the Secretary of the Treasury or his delegate may prescribe and shall specify the assets for which such election is made. Such an election, once made with respect to any asset, shall be irrevocable. Such an election shall not apply to any asset which is disposed of (in a transaction in which gain or loss is recognized in whole or in part) before the close of the 1-year period beginning on the date that the asset would have been treated as sold under such election.
Readily tradable stock.—
For purposes of this subsection, the term ‘readily tradable stock’ means any stock which, as of
Disposition of interest in passive activity.—
Section 469(g)(1)(A) of the Internal Revenue Code of 1986 shall not apply by reason of an election made under paragraph (1).”
Election To Pay Additional 1993 Taxes in Installments
In general.—
At the election of the taxpayer, the additional 1993 taxes may be paid in 3 equal installments.
Dates for paying installments.—
In the case of any tax payable in installments by reason of paragraph (1)—
the first installment shall be paid on or before the due date for the taxpayer’s taxable year beginning in calendar year 1993,
the second installment shall be paid on or before the date 1 year after the date determined under subparagraph (A), and
the third installment shall be paid on or before the date 2 years after the date determined under subparagraph (A).
For purposes of the preceding sentence, the term ‘due date’ means the date prescribed for filing the taxpayer’s return determined without regard to extensions.
Extension without interest.—
For purposes of section 6601 of the Internal Revenue Code of 1986, the date prescribed for the payment of any tax payable in installments under paragraph (1) shall be determined with regard to the extension under paragraph (1).
Additional 1993 taxes.—
In general.—
For purposes of this subsection, the term ‘additional 1993 taxes’ means the excess of—
the taxpayer’s net chapter 1 liability as shown on the taxpayer’s return for the taxpayer’s taxable year beginning in calendar year 1993, over
the amount which would have been the taxpayer’s net chapter 1 liability for such taxable year if such liability had been determined using the rates which would have been in effect under section 1 of the Internal Revenue Code of 1986 for taxable years beginning in calendar year 1993 but for the amendments made by this section [amending this section and sections 41, 63, 68, 132, 151, 453A, 513, 531, and 541 of this title] and section 13202 [amending this section and sections 531 and 541 of this title] and such liability had otherwise been determined on the basis of the amounts shown on the taxpayer’s return.
Net chapter 1 liability.—
For purposes of subparagraph (A), the term ‘net chapter 1 liability’ means the liability for tax under chapter 1 of the Internal Revenue Code of 1986 determined—
after the application of any credit against such tax other than the credits under sections 31 and 34, and
before crediting any payment of estimated tax for the taxable year.
Acceleration of payments.—
If the taxpayer does not pay any installment under this section on or before the date prescribed for its payment or if the Secretary of the Treasury or his delegate believes that the collection of any amount payable in installments under this section is in jeopardy, the Secretary shall immediately terminate the extension under paragraph (1) and the whole of the unpaid tax shall be paid on notice and demand from the Secretary.
Election on return.—
An election under paragraph (1) shall be made on the taxpayer’s return for the taxpayer’s taxable year beginning in calendar year 1993.
Exception for estates and trusts.—
This subsection shall not apply in the case of an estate or trust.”
Transitional Rule for Maximum Capital Gains Rate
Coordination With Other Provisions
imposing any tax (or exempting any person or property from any tax),
establishing any trust fund, or
authorizing amounts to be expended from any trust fund.”
imposes any tax, premium, or fee,
establishes any trust fund, or
authorizes amounts to be expended from any trust fund,
shall have no force or effect.”
Elimination of 50-Cent Rounding Errors
which is set forth in section 1 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as amended by section 101 of the Economic Recovery Tax Act of 1981 [Pub. L. 97–34, title I, § 101,
which applies to married individuals filing separately or to estates and trusts,
differs by not more than 50 cents from the correct amount under the formula used in constructing such table, such figure is hereby corrected to the correct amount.” [See 1982 Amendment note above.]
Policy With Respect to Additional Tax Reductions
Effective Date of Certain Definitions and Designations
which contains a term the meaning of which is defined in or modified by any provision of this title, and
which has an effective date earlier than the effective date of the provision of this title defining or modifying such term,
that definition or modification shall be considered to take effect as of such earlier effective date.”
Congressional Declaration Relating to 1975 Amendment
Congress is determined to continue the tax reduction for the first 6 months of 1976 in order to assure continued economic recovery.
Congress is also determined to continue to control spending levels in order to reduce the national deficit.
Congress reaffirms its commitments to the procedures established by the Congressional Budget and Impoundment Control Act of 1974 [see Tables for classification of Pub. L. 93–344,
If the Congress adopts a continuation of the tax reduction provided by this Act [see Short Title of 1975 Amendment note above] beyond
Congressional Declaration Relating to 1964 Amendment
Inflation Adjusted Items for Certain Years
Definitions
1986 code.—
The term ‘1986 Code’ means the Internal Revenue Code of 1986.
1998 act.—
The term ‘1998 Act’ means the Internal Revenue Service Restructuring and Reform Act of 1998 (Public Law 105–206) [see Tables for classification].
1997 act.—
The term ‘1997 Act’ means the Taxpayer Relief Act of 1997 (Public Law 105–34) [see Tables for classification].”