§852. Taxation of regulated investment companies and their shareholders — Inbound Citations
26 U.S.C. § 852
Cited by 19 provisions in release 119-102.
Citations to 26 U.S.C. § 852 as a whole
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(a) If a determination with respect to any qualified investment entity results in any adjustment for any taxable year, a deduction shall be allowed to such entity for the amount of deficiency dividends for purposes of determining the deduction for dividends paid (for purposes of section 852 or 857, whichever applies) for such year.
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Whenever the President finds that, under the laws of any foreign country, citizens or corporations of the United States are being subjected to discriminatory or extraterritorial taxes, the President shall so proclaim and the rates of tax imposed by sections 1, 3, 11, 801, 831, 852, 871, and 881 shall, for the taxable year during which such proclamation is made and for each taxable year thereafter, be doubled in the case of each citizen and corporation of such foreign country; but the tax at such doubled rate shall be considered as imposed by such sections as the case may be. In no case shall this section operate to increase the taxes imposed by such sections (computed without regard to this section) to an amount in excess of 80 percent of the taxable income of the taxpayer (computed without regard to the deductions allowable under section 151 and under part VIII of subchapter B). Whenever the President finds that the laws of any foreign country with respect to which the President has made a proclamation under the preceding provisions of this section have been modified so that discriminatory and extraterritorial taxes applicable to citizens and corporations of the United States have been removed, he shall so proclaim, and the provisions of this section providing for doubled rates of tax shall not apply to any citizen or corporation of such foreign country with respect to any taxable year beginning after such proclamation is made.
Citations to §852(a)
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(2) which meets the requirements of section 852(a) for the taxable year,
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(2) which meets the requirements of section 852(a) for the taxable year (determined after the application of this section),
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(ii) such investment company meets the requirements of section 852(a) for the taxable year during which it paid such dividend,
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(II) such investment company meets the requirements of section 852(a) for the taxable year during which it paid such dividend, and
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(A) Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1)(A) of subsection (a) on any interest-related dividend received from a regulated investment company which meets the requirements of section 852(a) for the taxable year with respect to which the dividend is paid.
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(A) Except as provided in subparagraph (B), no tax shall be imposed under paragraph (1)(A) of subsection (a) on any short-term capital gain dividend received from a regulated investment company which meets the requirements of section 852(a) for the taxable year with respect to which the dividend is paid.
Citations to §852(b)(1)
Citations to §852(b)(2)
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(1) The term “ordinary income” means the investment company taxable income (as defined in section 852(b)(2)) determined—(B) by not taking into account any gain or loss from the sale or exchange of a capital asset, and(C) by treating the calendar year as the company’s taxable year.
Citations to §852(b)(2)(A)
Citations to §852(b)(2)(D)
Citations to §852(b)(2)(E)
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(3) The taxable income of a regulated investment company, see section 852(b)(2)(E).
Citations to §852(b)(3)
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(a) For purposes of section 1(h)(11) (relating to maximum rate of tax on dividends) and section 243 (relating to deductions for dividends received by corporations), a capital gain dividend (as defined in section 852(b)(3)) received from a regulated investment company shall not be considered as a dividend.
Citations to §852(b)(3)(A)
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(B) any increase in the amount of the excess described in section 852(b)(3)(A) (relating to the excess of the net capital gain over the deduction for capital gain dividends paid), and
Citations to §852(b)(5)
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(B) any exempt-interest dividend as defined in section 852(b)(5).
Citations to §852(b)(5)(A)
Citations to §852(b)(7)
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(b) Except as provided in section 852(b)(7), amounts to which subsection (a) is applicable shall be treated as received by the shareholder in the taxable year in which the distribution is made.