26 U.S. Code § 641 - Imposition of tax
prev | next
(a) Application of tax
The tax imposed by section 1 (e) shall apply to the taxable income of estates or of any kind of property held in trust, including—
(1) income accumulated in trust for the benefit of unborn or unascertained persons or persons with contingent interests, and income accumulated or held for future distribution under the terms of the will or trust;
(2) income which is to be distributed currently by the fiduciary to the beneficiaries, and income collected by a guardian of an infant which is to be held or distributed as the court may direct;
(3) income received by estates of deceased persons during the period of administration or settlement of the estate; and
(b) Computation and payment
The taxable income of an estate or trust shall be computed in the same manner as in the case of an individual, except as otherwise provided in this part. The tax shall be computed on such taxable income and shall be paid by the fiduciary. For purposes of this subsection, a foreign trust or foreign estate shall be treated as a nonresident alien individual who is not present in the United States at any time.
(c) Special rules for taxation of electing small business trusts
(1) In general
For purposes of this chapter—
(A) the portion of any electing small business trust which consists of stock in 1 or more S corporations shall be treated as a separate trust, and
For purposes of paragraph (1), the modifications of this paragraph are the following:
(A) Except as provided in section 1 (h), the amount of the tax imposed by section 1 (e) shall be determined by using the highest rate of tax set forth in section 1 (e).
(C) The only items of income, loss, deduction, or credit to be taken into account are the following:
(i) The items required to be taken into account under section 1366.
(iii) To the extent provided in regulations, State or local income taxes or administrative expenses to the extent allocable to items described in clauses (i) and (ii).
(iv) Any interest expense paid or accrued on indebtedness incurred to acquire stock in an S corporation.
No deduction or credit shall be allowed for any amount not described in this paragraph, and no item described in this paragraph shall be apportioned to any beneficiary.
(3) Treatment of remainder of trust and distributions
For purposes of determining—
(A) the amount of the tax imposed by this chapter on the portion of any electing small business trust not treated as a separate trust under paragraph (1), and
the items referred to in paragraph (2)(C) shall be excluded. Except as provided in the preceding sentence, this subsection shall not affect the taxation of any distribution from the trust.
(4) Treatment of unused deductions where termination of separate trust
Source(Aug. 16, 1954, ch. 736, 68A Stat. 215; Pub. L. 91–172, title VIII, § 803(d)(3),Dec. 30, 1969, 83 Stat. 684; Pub. L. 94–455, title VII, § 701(e)(2),Oct. 4, 1976, 90 Stat. 1579; Pub. L. 95–30, title I, § 101(d)(8),May 23, 1977, 91 Stat. 134; Pub. L. 104–188, title I, § 1302(d),Aug. 20, 1996, 110 Stat. 1778; Pub. L. 105–34, title XVI, § 1601(i)(3)(B),Aug. 5, 1997, 111 Stat. 1093; Pub. L. 105–206, title VI, § 6007(f)(2),July 22, 1998, 112 Stat. 810; Pub. L. 110–28, title VIII, § 8236(a),May 25, 2007, 121 Stat. 199.)
2007—Subsec. (c)(2)(C)(iv). Pub. L. 110–28added cl. (iv).
1998—Subsecs. (c), (d). Pub. L. 105–206redesignated subsec. (d) as (c) and struck out heading and text of former subsec. (c). Text read as follows:
“(1) General rule.—For purposes of this part, the taxable income of a trust does not include the amount of any includible gain as defined in section 644 (b) reduced by any deductions properly allocable thereto.
“(2) Cross reference.—
“For the taxation of any includible gain, see section 644.”
1997—Subsec. (b). Pub. L. 105–34inserted at end “For purposes of this subsection, a foreign trust or foreign estate shall be treated as a nonresident alien individual who is not present in the United States at any time.”
1996—Subsec. (d). Pub. L. 104–188added subsec. (d).
1977—Subsec. (a). Pub. L. 95–30substituted “section 1 (e)” for “section 1 (d)” in introductory provisions.
1976—Subsec. (c). Pub. L. 94–455added subsec. (c).
1969—Subsec. (a). Pub. L. 91–172substituted “The tax imposed by section 1 (d)” for “The taxes imposed by this chapter on individuals”.
Effective Date of 2007 Amendment
Pub. L. 110–28, title VIII, § 8236(b),May 25, 2007, 121 Stat. 199, provided that: “The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 2006.”
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–206effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 105–34, to which such amendment relates, see section 6024 ofPub. L. 105–206, set out as a note under section 1 of this title.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105–34effective as if included in the provisions of the Small Business Job Protection Act of 1996, Pub. L. 104–188, to which it relates, see section 1601(j) ofPub. L. 105–34, set out as a note under section 23 of this title.
Effective Date of 1996 Amendment
Pub. L. 104–188, title I, § 1317(a),Aug. 20, 1996, 110 Stat. 1787, provided that: “Except as otherwise provided in this subtitle [subtitle C (§§ 1301–1317) of title I of Pub. L. 104–188], the amendments made by this subtitle [amending this section and sections 170, 404, 512, 1042, 1237, 1361, 1362, 1366 to 1368, 1371, 1375, 1377, 1504, 6037, and 6233 of this title and repealing sections 6241 to 6245 of this title] shall apply to taxable years beginning after December 31, 1996.”
Effective Date of 1977 Amendment
Amendment by Pub. L. 95–30applicable to taxable years beginning after Dec. 31, 1976, see section 106(a) ofPub. L. 95–30, set out as a note under section 1 of this title.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–455applicable to transfers in trust made after May 21, 1976, see section 701(h) ofPub. L. 94–455, set out as a note under section 667 of this title.
Effective Date of 1969 Amendment