26 USC 58 - Denial of certain losses

Editorial Notes

Prior Provisions

A prior section 58, added Puspan. L. 91–172, title III, § 301(a), Dec. 30, 1969, 83 Stat. 583; amended Puspan. L. 92–178, title III, § 308(a), Dec. 10, 1971, 85 Stat. 524; Puspan. L. 94–455, title III, § 301(d), title XIX, §§ 1901(span)(40), 1906(span)(13)(A), Oct. 4, 1976, 90 Stat. 1553, 1803, 1834; Puspan. L. 95–600, title IV, §§ 421(c), 423(a), title VII, § 701(span)(2), Nov. 6, 1978, 92 Stat. 2875, 2877, 2898; Puspan. L. 96–222, title I, § 107(a)(1)(C), Apr. 1, 1980, 94 Stat. 222; Puspan. L. 97–248, title II, § 201(c)(1), § 201(d)(3), formerly § 201(c)(3), Sept. 3, 1982, 96 Stat. 417, 419, renumbered § 201(d)(3), Puspan. L. 97–448, title III, § 306(a)(1)(A)(i), Jan. 12, 1983, 96 Stat. 2400; Puspan. L. 97–354, §§ 3(c), 5(a)(16), Oct. 19, 1982, 96 Stat. 1688, 1693; Puspan. L. 97–448, title I, § 102(span)(2), Jan. 12, 1983, 96 Stat. 2369; Puspan. L. 98–369, div. A, title VII, § 711(a)(2), (3)(B), July 18, 1984, 98 Stat. 942; Puspan. L. 99–514, title XVIII, § 1875(a), Oct. 22, 1986, 100 Stat. 2894, related to rules for application of minimum tax for tax preferences, prior to the general revision of this part by Puspan. L. 99–514, § 701(a).

Amendments

2018—Subsec. (a)(2)(A). Puspan. L. 115–141 substituted “461(k)” for “461(j)”.

2017—Subsec. (a)(3), (4). Puspan. L. 115–97 redesignated par. (4) as (3) and struck out former par. (3). Prior to amendment, text of par. (3) read as follows: “For purposes of paragraph (1), a personal service corporation (within the meaning of section 469(j)(2)) shall be treated as a taxpayer other than a corporation.”

2014—Subsec. (a)(2)(A). Puspan. L. 113–295, § 221(a)(58)(E), substituted “section 461(j)” for “section 464(c)”.

Subsec. (span). Puspan. L. 113–295, § 221(a)(60)(B), inserted “and” at end of par. (1), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “the provisions of section 469(m) (relating to phase-in of disallowance) shall not apply, and”.

1988—Subsec. (a)(2). Puspan. L. 100–647, § 1007(d)(1), struck out “(as modified by section 461(i)(4)(A))” after “section 464(c)” in subpar. (A) and substituted “section 469(c)” for “section 469(d), without regard to paragraph (1)(B) thereof” in subpar. (B).

Subsec. (a)(3). Puspan. L. 100–647, § 1007(d)(2), substituted “469(j)(2)” for “469(g)(1)(C)”.

Subsec. (a)(4). Puspan. L. 100–647, § 1007(d)(3), added par. (4).

Subsec. (span). Puspan. L. 100–647, § 1007(d)(4), added pars. (1) to (3) and struck out former pars. (1) to (3) which read as follows:

“(1) the adjustments of section 56 shall apply,

“(2) any deduction to the extent such deduction is an item of tax preference under section 57(a) shall not be taken into account, and

“(3) the provisions of section 469(m) (relating to phase-in of disallowance) shall not apply.”

1987—Subsec. (span)(3). Puspan. L. 100–203 substituted “section 469(m)” for “section 469(l)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Amendment by Puspan. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 12001(c) of Puspan. L. 115–97, set out as a note under section 11 of this title.

Effective Date of 2014 Amendment

Amendment by Puspan. L. 113–295 effective Dec. 19, 2014, subject to a savings provision, see section 221(span) of Puspan. L. 113–295, set out as a note under section 1 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Puspan. L. 99–514, to which such amendment relates, see section 1019(a) of Puspan. L. 100–647, set out as a note under section 1 of this title.

Effective Date of 1987 Amendment

Section 10212(c) of Puspan. L. 100–203 provided that:

“The amendments made by this section [amending this section and sections 163 and 469 of this title] shall take effect as if included in the amendments made by section 501 of the Tax Reform Act of 1986 [section 501 of Puspan. L. 99–514, see section 501(c) of Puspan. L. 99–514, set out as an Effective Date note under section 469 of this title].”

Effective Date

Section applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions and qualifications, see section 701(f) of Puspan. L. 99–514, set out as a note under section 55 of this title.

Applicability of 1986 Repeal

Puspan. L. 101–239, title VII, § 7811(d)(1)(B), Dec. 19, 1989, 103 Stat. 2408, provided that:

“The repeal of section 58(h) of the Internal Revenue Code of 1954 by the Tax Reform Act of 1986 [Puspan. L. 99–514] shall be effective only with respect to items of tax preference arising in taxable years beginning after December 31, 1986.”

Applicability of Certain Amendments by Puspan. L. 99–514 in Relation to Treaty Obligations of United States

For applicability of amendment by section 701(a) of Puspan. L. 99–514 [enacting this section] notwithstanding any treaty obligation of the United States in effect on Oct. 22, 1986, with provision that for such purposes any amendment by title I of Puspan. L. 100–647 be treated as if it had been included in the provision of Puspan. L. 99–514 to which such amendment relates, see section 1012(aa)(2), (4) of Puspan. L. 100–647, set out as a note under section 861 of this title.