Source
(Added Pub. L. 97–354, § 2, Oct. 19, 1982, 96 Stat. 1681; amended Pub. L. 98–369, div. A, title VII, § 721(e), (o), (x)(3), July 18, 1984, 98 Stat. 967, 970, 971; Pub. L. 99–514, title XVIII, § 1899A(33), (34), Oct. 22, 1986, 100 Stat. 2960; Pub. L. 101–508, title XI, § 11813(b)(23), Nov. 5, 1990, 104 Stat. 1388–555; Pub. L. 104–188, title I, § 1310, Aug. 20, 1996, 110 Stat. 1784.)
Prior Provisions
A prior section
1371, added
Pub. L. 85–866, title I, § 64(a), Sept. 2, 1958,
72 Stat. 1650; amended
Pub. L. 86–376, § 2(a), Sept. 23, 1959,
73 Stat. 699;
Pub. L. 88–272, title II, § 233(a), Feb. 26, 1964,
78 Stat. 112;
Pub. L. 94–455, title IX, § 902(a)(1), (2), (c)(1), (2), Oct. 4, 1976,
90 Stat. 1608, 1609;
Pub. L. 95–600, title III, §§ 341,
342, title VII, § 701(y)(1), Nov. 6, 1978,
92 Stat. 2843, 2921;
Pub. L. 96–589, § 5(d), Dec. 24, 1980,
94 Stat. 3406;
Pub. L. 97–34, title II, §§ 233(a),
234
(a), (b), Aug. 13, 1981,
95 Stat. 250, 251;
Pub. L. 97–448, title I, § 102(i)(1), Jan. 12, 1983,
96 Stat. 2372, related to definitions applicable to election of small business corporations as to taxable status, prior to the general revision of this subchapter by section 2 of
Pub. L. 97–354.
Amendments
1996—Subsec. (a).
Pub. L. 104–188 reenacted heading without change and amended text generally. Prior to amendment, text read as follows:
“(1) In general.—Except as otherwise provided in this title, and except to the extent inconsistent with this subchapter, subchapter C shall apply to an S corporation and its shareholders.
“(2) S corporation as shareholder treated like individual.—For purposes of subchapter C, an S corporation in its capacity as a shareholder of another corporation shall be treated as an individual.”
1990—Subsec. (d)(1).
Pub. L. 101–508, § 11813(b)(23)(A), substituted “section
50
(a)(4)” for “section
47
(b)”.
Subsec. (d)(2), (3).
Pub. L. 101–508, § 11813(b)(23)(B), substituted “section
49
(b) or
50
(a)” for “section
47”.
1986—Subsec. (e)(1).
Pub. L. 99–514, § 1899A(33), inserted “(within the meaning of section
1368
(e))”.
Subsec. (e)(2).
Pub. L. 99–514, § 1899A(34), struck out “(within the meaning of section
1368
(e))” after “to such election”.
1984—Subsec. (c)(1).
Pub. L. 98–369, § 621(e)(2), substituted “paragraphs (2) and (3) and subsection (d)(3)” for “paragraphs (2) and (3)”.
Subsec. (d)(3).
Pub. L. 98–369, § 721(e)(1), added par. (3).
Subsec. (e).
Pub. L. 98–369, § 721(o), amended subsec. (e) generally, designating existing provisions as par. (1) and adding par. (2).
Subsec. (e)(2).
Pub. L. 98–369, § 721(x)(3), inserted “(within the meaning of section
1368
(e))”.
Effective Date of 1996 Amendment
Amendment by
Pub. L. 104–188 applicable to taxable years beginning after Dec. 31, 1996, see section 1317(a) of
Pub. L. 104–188, set out as a note under section
641 of this title.
Effective Date of 1990 Amendment
Amendment by
Pub. L. 101–508 applicable to property placed in service after Dec. 31, 1990, but not applicable to any transition property (as defined in section
49
(e) of this title), any property with respect to which qualified progress expenditures were previously taken into account under section
46
(d) of this title, and any property described in section
46
(b)(2)(C) of this title, as such sections were in effect on Nov. 4, 1990, see section 11813(c) of
Pub. L. 101–508, set out as a note under section
45K of this title.
Effective Date of 1984 Amendment
Amendment by
Pub. L. 98–369 effective as if included in the Subchapter S Revision Act of 1982,
Pub. L. 97–354, see section 721(y)(1) of
Pub. L. 98–369, set out as a note under section
1361 of this title.
Effective Date
Section applicable to taxable years beginning after Dec. 31, 1982, see section 6(a) of
Pub. L. 97–354, set out as a note under section
1361 of this title.
Savings Provision
For provisions that nothing in amendment by
Pub. L. 101–508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of
Pub. L. 101–508, set out as a note under section
45K of this title.
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and
1171–1177] or title XVIII [§§ 1800–1899A] of
Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of
Pub. L. 99–514, as amended, set out as a note under section
401 of this title.