26 U.S. Code § 280H - Limitation on certain amounts paid to employee-owners by personal service corporations electing alternative taxable years
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(a) General rule
(1) an election by a personal service corporation under section 444 is in effect for a taxable year, and
(2) such corporation does not meet the minimum distribution requirements of subsection (c) for such taxable year,
then the deduction otherwise allowed under this chapter for applicable amounts paid or incurred by such corporation to employee-owners shall not exceed the maximum deductible amount. The preceding sentence shall not apply for purposes of subchapter G (relating to personal holding companies).
(b) Carryover of nondeductible amounts
If any amount is not allowed as a deduction for a taxable year under subsection (a), such amount shall be treated as paid or incurred in the succeeding taxable year.
(c) Minimum distribution requirement
For purposes of this section—
(1) In general
A personal service corporation meets the minimum distribution requirements of this subsection if the applicable amounts paid or incurred during the deferral period of the taxable year (determined without regard to subsection (b)) equal or exceed the lesser of—
(A) the product of—
(i) the applicable amounts paid during the preceding taxable year, divided by the number of months in such taxable year, multiplied by
(2) Applicable percentage
The term “applicable percentage” means the percentage (not in excess of 95 percent) determined by dividing—
(A) the applicable amounts paid or incurred during the 3 taxable years immediately preceding the taxable year, by
(d) Maximum deductible amount
For purposes of this section, the term “maximum deductible amount” means the sum of—
(e) Disallowance of net operating loss carrybacks
No net operating loss carryback shall be allowed to (or from) any taxable year of a personal service corporation to which an election under section 444 applies.
(f) Other definitions and special rules
For purposes of this section—
(1) Applicable amount
The term “applicable amount” means any amount paid to an employee-owner which is includible in the gross income of such employee, other than—
(A) any gain from the sale or exchange of property between the owner-employee and the corporation, or
(3) Nondeferral and deferral periods
(A) Deferral period
(4) Adjusted taxable income
The term “adjusted taxable income” means taxable income determined without regard to—
(A) any amount paid to an employee-owner which is includible in the gross income of such employee-owner, and
Source(Added Pub. L. 100–203, title X, § 10206(c)(1),Dec. 22, 1987, 101 Stat. 1330–401; amended Pub. L. 100–647, title II, § 2004(e)(2)(B), (3), (14)(A), (C),Nov. 10, 1988, 102 Stat. 3600, 3602.)
1988—Subsecs. (c)(1)(A)(i), (d)(1). Pub. L. 100–647, § 2004(e)(14)(C), substituted “amounts paid” for “amounts paid or incurred”.
Subsec. (f)(2). Pub. L. 100–647, § 2004(e)(3), substituted “section 269A (b)(2) (as modified by section 441 (i)(2))” for “section 296A(b)(2)”.
Subsec. (f)(4). Pub. L. 100–647, § 2004(e)(14)(A), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The term ‘adjusted taxable income’ means taxable income increased by any amount paid or incurred to an employee-owner which was includible in the gross income of such employee-owner.”
Subsec. (f)(5). Pub. L. 100–647, § 2004(e)(2)(B), added par. (5).
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–647effective, except as otherwise provided, as if included in the provisions of the Revenue Act of 1987, Pub. L. 100–203, title X, to which such amendment relates, see section 2004(u) ofPub. L. 100–647, set out as a note under section 56 of this title.