US Codex
U.S.C.
Notes

§303. Distributions in redemption of stock to pay death taxes — Inbound Citations

26 U.S.C. § 303

Cited by 14 provisions in release 119-102.

Citations to 26 U.S.C. § 303 as a whole

  • 26 U.S.C. § 304(a)(1)
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    (1) For purposes of sections 302 and 303, if—
    (A) one or more persons are in control of each of two corporations, and
    (B) in return for property, one of the corporations acquires stock in the other corporation from the person (or persons) so in control,
    then (unless paragraph (2) applies) such property shall be treated as a distribution in redemption of the stock of the corporation acquiring such stock. To the extent that such distribution is treated as a distribution to which section 301 applies, the transferor and the acquiring corporation shall be treated in the same manner as if the transferor had transferred the stock so acquired to the acquiring corporation in exchange for stock of the acquiring corporation in a transaction to which section 351(a) applies, and then the acquiring corporation had redeemed the stock it was treated as issuing in such transaction.
  • 26 U.S.C. § 304(a)(2)
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    (2) For purposes of sections 302 and 303, if—
    (A) in return for property, one corporation acquires from a shareholder of another corporation stock in such other corporation, and
    (B) the issuing corporation controls the acquiring corporation,
    then such property shall be treated as a distribution in redemption of the stock of the issuing corporation.
  • 26 U.S.C. § 312(n)(7)
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    (7) If a corporation distributes amounts in a redemption to which section 302(a) or 303 applies, the part of such distribution which is properly chargeable to earnings and profits shall be an amount which is not in excess of the ratable share of the earnings and profits of such corporation accumulated after February 28, 1913, attributable to the stock so redeemed.
  • 26 U.S.C. § 537(a)(2)
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    (2) the section 303 redemption needs of the business, and
  • 26 U.S.C. § 537(b)(1)
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    (1) The term “section 303 redemption needs” means, with respect to the taxable year of the corporation in which a shareholder of the corporation died or any taxable year thereafter, the amount needed (or reasonably anticipated to be needed) to make a redemption of stock included in the gross estate of the decedent (but not in excess of the maximum amount of stock to which section 303(a) may apply).
  • 26 U.S.C. § 1248(g)(1)
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    (1) distributions to which section 303 (relating to distributions in redemption of stock to pay death taxes) applies; or
  • 26 U.S.C. § 2056A(b)(10)(B)
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    (B) If the estate of the surviving spouse meets the requirements of section 303 with respect to any property described in subparagraph (A), for purposes of section 303, the tax imposed by paragraph (1)(B) with respect to such property shall be treated as a Federal estate tax payable with respect to the estate of the surviving spouse.
  • 26 U.S.C. § 6166(g)(1)(B)
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    (B) In the case of a distribution in redemption of stock to which section 303 (or so much of section 304 as relates to section 303) applies—
    (i) the redemption of such stock, and the withdrawal of money and other property distributed in such redemption, shall not be treated as a distribution or withdrawal for purposes of subparagraph (A), and
    (ii) for purposes of subparagraph (A), the value of the interest in the closely held business shall be considered to be such value reduced by the value of the stock redeemed.
    This subparagraph shall apply only if, on or before the date prescribed by subsection (a)(3) for the payment of the first installment which becomes due after the date of the distribution (or, if earlier, on or before the day which is 1 year after the date of the distribution), there is paid an amount of the tax imposed by section 2001 not less than the amount of money and other property distributed.

Citations to §303(a)

  • 15 U.S.C. § 636m(a)(12)
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    (12) the terms “payroll costs” and “seasonal employer” have the meanings given those terms in section 636(a)(36) of this title. Such payroll costs shall not include qualified wages taken into account in determining the credit allowed under section 2301 of the CARES Act, qualified wages taken into account in determining the credit allowed under subsection (a) or (d) of section 303 of the Taxpayer Certainty and Disaster Relief Act of 2020, or premiums taken into account in determining the credit allowed under section 6432 of title 26. Such payroll costs shall not include qualified wages taken into account in determining the credit allowed under subsection (a) or (d) of section 303 of the Taxpayer Certainty and Disaster Tax Relief Act of 2020.1
  • 26 U.S.C. § 514(c)(6)(A)(ii)(I)
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    (I) issued by such company under section 303(a) of such Act, and
  • 26 U.S.C. § 537(b)(1)
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    (1) The term “section 303 redemption needs” means, with respect to the taxable year of the corporation in which a shareholder of the corporation died or any taxable year thereafter, the amount needed (or reasonably anticipated to be needed) to make a redemption of stock included in the gross estate of the decedent (but not in excess of the maximum amount of stock to which section 303(a) may apply).
  • 26 U.S.C. § 1368(e)(1)(B)
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    (B) In the case of any redemption which is treated as an exchange under section 302(a) or 303(a), the adjustment in the accumulated adjustments account shall be an amount which bears the same ratio to the balance in such account as the number of shares redeemed in such redemption bears to the number of shares of stock in the corporation immediately before such redemption.

Citations to §303(b)

Citations to §303(d)

  • 15 U.S.C. § 636m(a)(12)
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    (12) the terms “payroll costs” and “seasonal employer” have the meanings given those terms in section 636(a)(36) of this title. Such payroll costs shall not include qualified wages taken into account in determining the credit allowed under section 2301 of the CARES Act, qualified wages taken into account in determining the credit allowed under subsection (a) or (d) of section 303 of the Taxpayer Certainty and Disaster Relief Act of 2020, or premiums taken into account in determining the credit allowed under section 6432 of title 26. Such payroll costs shall not include qualified wages taken into account in determining the credit allowed under subsection (a) or (d) of section 303 of the Taxpayer Certainty and Disaster Tax Relief Act of 2020.1