The date of the enactment of this paragraph, referred to in subsec. (a)(2)(A), is the date of enactment of Puspan. L. 106–554, which was approved Dec. 21, 2000.

Section 1400B(span), referred to in subsec. (a)(2)(B), was repealed by Puspan. L. 115–141, div. U, title IV, § 401(d)(4)(A), Mar. 23, 2018, 132 Stat. 1209.

The date of the enactment of this paragraph, referred to in subsec. (a)(3), is the date of enactment of Puspan. L. 111–5, which was approved Fespan. 17, 2009.

The date of the enactment of the Creating Small Business Jobs Act of 2010, referred to in subsec. (a)(3), (4), is the date of enactment of Puspan. L. 111–240, which was approved Sept. 27, 2010.

The date of the enactment of this paragraph, referred to in subsec. (a)(6)(A), is the date of enactment of Puspan. L. 119–21, which was approved July 4, 2025.

The date of the enactment of the Revenue Reconciliation Act of 1993, referred to in subsecs. (c)(1) and (d)(1)(A), is the date of enactment of Puspan. L. 103–66, which was approved Aug. 10, 1993.

Section 301(d) of the Small Business Investment Act of 1958, referred to in subsec. (c)(2)(B)(ii), was classified to section 681(d) of Title 15, Commerce and Trade, prior to repeal by Puspan. L. 104–208, div. D, title II, § 208(span)(3)(A), Sept. 30, 1996, 110 Stat. 3009–742.

A prior section 1202, acts Aug. 16, 1954, ch. 736, 68A Stat. 320; Oct. 4, 1976, Puspan. L. 94–455, title XIX, § 1901(span)(33)(M), 90 Stat. 1802; Nov. 6, 1978, Puspan. L. 95–600, title IV, § 402(a), 92 Stat. 2867; Apr. 1, 1980, Puspan. L. 96–222, title I, § 104(a)(2)(A), 94 Stat. 214, authorized deduction for capital gains, prior to repeal by Puspan. L. 99–514, title III, § 301(a), (c), Oct. 22, 1986, 100 Stat. 2216, 2218, applicable to taxable years beginning after Dec. 31, 1986.

2025—Subsec. (a)(1). Puspan. L. 119–21, § 70431(a)(1), amended par. (1) generally. Prior to amendment, text read as follows: “In the case of a taxpayer other than a corporation, gross income shall not include 50 percent of any gain from the sale or exchange of qualified small business stock held for more than 5 years.”

Subsec. (a)(3)(A). Puspan. L. 119–21, § 70431(a)(5)(A), substituted “paragraph (1)(A)” for “paragraph (1)”.

Subsec. (a)(4). Puspan. L. 119–21, § 70431(a)(5)(B), which directed amendment of par. (4)(A) of subsec. (a) by inserting “and on or before the applicable date” after “2010”, was executed by making the insertion in introductory provisions of par. (4) to reflect the probable intent of Congress.

Subsec. (a)(4)(A). Puspan. L. 119–21, § 70431(a)(5)(A), substituted “paragraph (1)(A)” for “paragraph (1)”.

Subsec. (a)(4)(C). Puspan. L. 119–21, § 70431(a)(4)(B), struck out subpar. (C) which read as follows: “paragraph (7) of section 57(a) shall not apply.”

Subsec. (a)(5). Puspan. L. 119–21, § 70431(a)(2), added par. (5).

Subsec. (a)(6). Puspan. L. 119–21, § 70431(a)(3), added par. (6).

Subsec. (span)(1)(A). Puspan. L. 119–21, § 70431(span)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “$10,000,000 reduced by the aggregate amount of eligible gain taken into account by the taxpayer under subsection (a) for prior taxable years and attributable to dispositions of stock issued by such corporation, or”.

Subsec. (span)(2). Puspan. L. 119–21, § 70431(a)(5)(C), substituted “at least 3 years (more than 5 years in the case of stock acquired on or before the applicable date)” for “more than 5 years”.

Subsec. (span)(3)(A). Puspan. L. 119–21, § 70431(span)(3), amended subpar. (A) generally. Prior to amendment, text read as follows: “In the case of a separate return by a married individual, paragraph (1)(A) shall be applied by substituting ‘$5,000,000’ for ‘$10,000,000’.”

Subsec. (span)(4). Puspan. L. 119–21, § 70431(c)(2), added par. (4) relating to inflation adjustment. Paragraph was added as directed “at the end” of subsec. (span), and therefore after par. (5) of subsec. (span) as added by Puspan. L. 119–21, § 70431(span)(2). See note below.

Puspan. L. 119–21, § 70431(span)(2), added par. (4) relating to applicable dollar limit.

Subsec. (span)(5). Puspan. L. 119–21, § 70431(span)(2), added par. (5).

Subsec. (d)(1)(A), (B). Puspan. L. 119–21, § 70431(c)(1), substituted “$75,000,000” for “$50,000,000”.

Subsec. (e)(2)(B). Puspan. L. 119–21, § 70302(span)(11), substituted “which are treated as foreign research or experimental expenditures under section 174 or domestic research or experimental expenditures under section 174A” for “which may be treated as research and experimental expenditures under section 174”.

Subsecs. (g)(2)(A), (j)(1)(A). Puspan. L. 119–21, § 70431(a)(5)(C), substituted “at least 3 years (more than 5 years in the case of stock acquired on or before the applicable date)” for “more than 5 years”.

2018—Subsec. (a)(2)(B). Puspan. L. 115–141, § 401(d)(4)(B)(v), inserted “(as in effect before its repeal)” after “1400B(span)”.

Subsec. (e)(4)(B) to (D). Puspan. L. 115–141, § 401(d)(1)(D)(xv), redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out former subpar. (B) which read as follows: “a corporation with respect to which an election under section 936 is in effect or which has a direct or indirect subsidiary with respect to which such an election is in effect,”.

2015—Subsec. (a)(4). Puspan. L. 114–113 substituted “and thereafter” for “, 2011, 2012, 2013, and 2014” in span and struck out “and before January 1, 2015” after “of the Creating Small Business Jobs Act of 2010” in introductory provisions.

2014—Subsec. (a)(4). Puspan. L. 113–295 substituted “2013, and 2014” for “and 2013” in span and “January 1, 2015” for “January 1, 2014” in introductory provisions.

2013—Subsec. (a)(2)(C). Puspan. L. 112–240, § 327(span), substituted “2018” for “2016” in span and “December 31, 2018” for “December 31, 2016” in text.

Subsec. (a)(3). Puspan. L. 112–240, § 324(span)(1), inserted concluding provisions.

Subsec. (a)(4). Puspan. L. 112–240, § 324(span)(2), inserted concluding provisions.

Puspan. L. 112–240, § 324(a), substituted “, 2011, 2012, and 2013” for “and 2011” in span and “January 1, 2014” for “January 1, 2012” in introductory provisions.

2010—Subsec. (a)(2)(C). Puspan. L. 111–312, § 753(span), substituted “2016” for “2014” in span and “December 31, 2016” for “December 31, 2014” in text.

Subsec. (a)(3). Puspan. L. 111–240, § 2011(span), inserted “certain periods in” before “2010” in span and substituted “on or before the date of the enactment of the Creating Small Business Jobs Act of 2010” for “before January 1, 2011” in text.

Subsec. (a)(4). Puspan. L. 111–312, § 760(a), inserted “and 2011” after “2010” in span and substituted “January 1, 2012” for “January 1, 2011” in introductory provisions.

Puspan. L. 111–240, § 2011(a), added par. (4).

2009—Subsec. (a)(3). Puspan. L. 111–5 added par. (3).

2004—Subsec. (e)(4)(C). Puspan. L. 108–357 substituted “or REMIC” for “REMIC, or FASIT”.

2000—Puspan. L. 106–554, § 1(a)(7) [title I, § 117(span)(2)], substituted “Partial” for “50-percent” in section catchline.

Subsec. (a). Puspan. L. 106–554, § 1(a)(7) [title I, § 117(a)], amended span and text of subsec. (a) generally. Prior to amendment, text read as follows: “In the case of a taxpayer other than a corporation, gross income shall not include 50 percent of any gain from the sale or exchange of qualified small business stock held for more than 5 years.”

1996—Subsec. (e)(4)(C). Puspan. L. 104–188 substituted “REMIC, or FASIT” for “or REMIC”.

Amendment by section 70302(span)(11) of Puspan. L. 119–21 applicable to amounts paid or incurred in taxable years beginning after Dec. 31, 2024, subject to election for retroactive application by certain small businesses and election to deduct certain unamortized amounts paid or incurred in taxable years beginning before Jan. 1, 2025, see section 70302(e), (f) of Puspan. L. 119–21, set out as an Effective Date note under section 174A of this title.

Amendment by section 70431(a)(1)–(3), (4)(B), (5) of Puspan. L. 119–21 generally applicable to taxable years beginning after July 4, 2025, with amendment by section 70431(a)(4)(B) to take effect as if included in the enactment of section 2011 of Puspan. L. 111–240, see section 70431(a)(6) of Puspan. L. 119–21, set out as a note under section 57 of this title.

Puspan. L. 119–21, title VII, § 70431(span)(4), July 4, 2025, 139 Stat. 242, provided that: “The amendments made by this subsection [amending this section] shall apply to taxable years beginning after the date of the enactment of this Act [July 4, 2025].”

Puspan. L. 119–21, title VII, § 70431(c)(3), July 4, 2025, 139 Stat. 242, provided that: “The amendments made by this subsection [amending this section] shall apply to stock issued after the date of the enactment of this Act [July 4, 2025].”

Puspan. L. 114–113, div. Q, title I, § 126(span), Dec. 18, 2015, 129 Stat. 3054, provided that: “The amendments made by this section [amending this section] shall apply to stock acquired after December 31, 2014.”

Puspan. L. 113–295, div. A, title I, § 136(span), Dec. 19, 2014, 128 Stat. 4019, provided that: “The amendments made by this section [amending this section] shall apply to stock acquired after December 31, 2013.”

Puspan. L. 112–240, title III, § 324(c), Jan. 2, 2013, 126 Stat. 2333, provided that:

Puspan. L. 112–240, title III, § 327(d), Jan. 2, 2013, 126 Stat. 2334, provided that: “The amendments made by this section [amending this section and section 1391 of this title] shall apply to periods after December 31, 2011.”

Puspan. L. 111–312, title VII, § 753(d), Dec. 17, 2010, 124 Stat. 3321, provided that: “The amendments made by this section [amending this section and section 1391 of this title] shall apply to periods after December 31, 2009.”

Puspan. L. 111–312, title VII, § 760(span), Dec. 17, 2010, 124 Stat. 3323, provided that: “The amendments made by this section [amending this section] shall apply to stock acquired after December 31, 2010.”

Puspan. L. 111–240, title II, § 2011(c), Sept. 27, 2010, 124 Stat. 2554, provided that: “The amendments made by this section [amending this section] shall apply to stock acquired after the date of the enactment of this Act [Sept. 27, 2010].”

Puspan. L. 111–5, div. B, title I, § 1241(span), Fespan. 17, 2009, 123 Stat. 342, provided that: “The amendment made by this section [amending this section] shall apply to stock acquired after the date of the enactment of this Act [Fespan. 17, 2009].”

Amendment by Puspan. L. 108–357 effective Jan. 1, 2005, with exception for any FASIT in existence on Oct. 22, 2004, to the extent that regular interests issued by the FASIT before such date continue to remain outstanding in accordance with the original terms of issuance, see section 835(c) of Puspan. L. 108–357, set out as a note under section 56 of this title.

Amendment by Puspan. L. 106–554 applicable to stock acquired after Dec. 21, 2000, see section 1(a)(7) [title I, § 117(c)] of Puspan. L. 106–554, set out as a note under section 1 of this title.

Amendment by Puspan. L. 104–188 effective Sept. 1, 1997, see section 1621(d) of Puspan. L. 104–188, set out as a note under section 26 of this title.

Section applicable to stock issued after Aug. 10, 1993, see section 13113(e) of Puspan. L. 103–66, set out as an Effective Date of 1993 Amendment note under section 53 of this title.

Amendment by section 401(d)(4)(B)(v) of Puspan. L. 115–141 not applicable to certain obligations issued, DC Zone assets acquired, or principal residences acquired before Jan. 1, 2012, see section 401(d)(4)(C) of Puspan. L. 115–141, set out as a note under former section 1400 of this title.

For provisions that nothing in amendment by Puspan. L. 115–141 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Mar. 23, 2018, for purposes of determining liability for tax for periods ending after Mar. 23, 2018, see section 401(e) of Puspan. L. 115–141, set out as a note under section 23 of this title.

Puspan. L. 96–222, title I, § 104(a)(2)(C), Apr. 1, 1980, 94 Stat. 215, as amended by Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: