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USC Title 26 enacted through 2008

§ 535. Accumulated taxable income

 
(a)
Definition
 
For purposes of this subtitle, the term "accumulated taxable income" means the taxable income, adjusted in the manner provided in subsection (b), minus the sum of the dividends paid deduction (as defined in section 561) and the accumulated earnings credit (as defined in subsection (c)).
 
(b)
Adjustments to taxable income
 
For purposes of subsection (a), taxable income shall be adjusted as follows:
 
(1)
Taxes
 
There shall be allowed as a deduction Federal income and excess profits taxes and income, war profits, and excess profits taxes of foreign countries and possessions of the United States (to the extent not allowable as a deduction under section 275(a)(4)), accrued during the taxable year or deemed to be paid by a domestic corporation under section 902(a) or 960(a)(1) for the taxable year, but not including the accumulated earnings tax imposed by section 531, the personal holding company tax imposed by section 541, or the taxes imposed by corresponding sections of a prior income tax law.
 
(2)
Charitable contributions
 
The deduction for charitable contributions provided under section 170 shall be allowed without regard to section 170(b)(2).
 
(3)
Special deductions disallowed
 
The special deductions for corporations provided in part VIII (except section 248) of subchapter B (section 241 and following, relating to the deduction for dividends received by corporations, etc.) shall not be allowed.
 
(4)
Net operating loss
 
The net operating loss deduction provided in section 172 shall not be allowed.
 
(5)
Capital losses
 
(A)
In general
 
Except as provided in subparagraph (B), there shall be allowed as a deduction an amount equal to the net capital loss for the taxable year (determined without regard to paragraph (7)(A)).
 
(B)
Recapture of previous deductions for capital gains
 
The aggregate amount allowable as a deduction under subparagraph (A) for any taxable year shall be reduced by the lesser of -
 
(i)
the nonrecaptured capital gains deductions, or
 
(ii)
the amount of the accumulated earnings and profits of the corporation as of the close of the preceding taxable year.
 
(C)
Nonrecaptured capital gains deductions
 
For purposes of subparagraph (B), the term "nonrecaptured capital gains deductions" means the excess of -
 
(i)
the aggregate amount allowable as a deduction under paragraph (6) for preceding taxable years beginning after July 18, 1984, over
 
(ii)
the aggregate of the reductions under subparagraph (B) for preceding taxable years.
 
(6)
Net capital gains
 
(A)
In general
 
There shall be allowed as a deduction -
 
(i)
the net capital gain for the taxable year (determined with the application of paragraph (7)), reduced by
 
(ii)
the taxes attributable to such net capital gain.
 
(B)
Attributable taxes
 
For purposes of subparagraph (A), the taxes attributable to the net capital gain shall be an amount equal to the difference between -
 
(i)
the taxes imposed by this subtitle (except the tax imposed by this part) for the taxable year, and
 
(ii)
such taxes computed for such year without including in taxable income the net capital gain for the taxable year (determined without the application of paragraph (7)).
 
(7)
Capital loss carryovers
 
(A)
Unlimited carryforward
 
The net capital loss for any taxable year shall be treated as a short-term capital loss in the next taxable year.
 
(B)
Section 1212 inapplicable
 
No allowance shall be made for the capital loss carryback or carryforward provided in section 1212.
 
(8)
Special rules for mere holding or investment companies
 
In the case of a mere holding or investment company -
 
(A)
Capital loss deduction, etc., not allowed
 
Paragraphs (5) and (7)(A) shall not apply.
 
(B)
Deduction for certain offsets
 
There shall be allowed as a deduction the net short-term capital gain for the taxable year to the extent such gain does not exceed the amount of any capital loss carryover to such taxable year under section 1212 (determined without regard to paragraph (7)(B)).
 
(C)
Earnings and profits
 
For purposes of subchapter C, the accumulated earnings and profits at any time shall not be less than they would be if this subsection had applied to the computation of earnings and profits for all taxable years beginning after July 18, 1984.
 
(9)
Special rule for capital gains and losses of foreign corporations
 
In the case of a foreign corporation, paragraph (6) shall be applied by taking into account only gains and losses which are effectively connected with the conduct of a trade or business within the United States and are not exempt from tax under treaty.
 
(10)
Controlled foreign corporations
 
There shall be allowed as a deduction the amount of the corporation's income for the taxable year which is included in the gross income of a United States shareholder under section 951(a). In the case of any corporation the accumulated taxable income of which would (but for this sentence) be determined without allowance of any deductions, the deduction under this paragraph shall be allowed and shall be appropriately adjusted to take into account any deductions which reduced such inclusion.
 
(c)
Accumulated earnings credit
 
(1)
General rule
 
For purposes of subsection (a), in the case of a corporation other than a mere holding or investment company the accumulated earnings credit is (A) an amount equal to such part of the earnings and profits for the taxable year as are retained for the reasonable needs of the business, minus (B) the deduction allowed by subsection (b)(6). For purposes of this paragraph, the amount of the earnings and profits for the taxable year which are retained is the amount by which the earnings and profits for the taxable year exceed the dividends paid deduction (as defined in section 561) for such year.
 
(2)
Minimum credit
 
(A)
In general
 
The credit allowable under paragraph (1) shall in no case be less than the amount by which $250,000 exceeds the accumulated earnings and profits of the corporation at the close of the preceding taxable year.
 
(B)
Certain service corporations
 
In the case of a corporation the principal function of which is the performance of services in the field of health, law, engineering, architecture, accounting, actuarial science, performing arts, or consulting, subparagraph (A) shall be applied by substituting "$150,000" for "$250,000".
 
(3)
Holding and investment companies
 
In the case of a corporation which is a mere holding or investment company, the accumulated earnings credit is the amount (if any) by which $250,000 exceeds the accumulated earnings and profits of the corporation at the close of the preceding taxable year.
 
(4)
Accumulated earnings and profits
 
For purposes of paragraphs (2) and (3), the accumulated earnings and profits at the close of the preceding taxable year shall be reduced by the dividends which under section 563(a) (relating to dividends paid after the close of the taxable year) are considered as paid during such taxable year.
 
(5)
Cross reference
 
For denial of credit provided in paragraph (2) or (3) where multiple corporations are formed to avoid tax, see section 1551, and for limitation on such credit in the case of certain controlled corporations, see section 1561.
 
(d)
Income distributed to United States-owned foreign corporation retains United States connection
 
(1)
In general
 
For purposes of this part, if 10 percent or more of the earnings and profits of any foreign corporation for any taxable year -
 
(A)
is derived from sources within the United States, or
 
(B)
is effectively connected with the conduct of a trade or business within the United States,
 
any distribution out of such earnings and profits (and any interest payment) received (directly or through 1 or more other entities) by a United States-owned foreign corporation shall be treated as derived by such corporation from sources within the United States.
 
(2)
United States-owned foreign corporation
 
The term "United States-owned foreign corporation" has the meaning given to such term by section 904(h)(6).








Tax Code (Internal Revenue Code) Section Index


U.S. GAAP by Codification Topic
 
105 GAAP Hierarchy
105 GAAP History

205 Presentation of Financial Statements
205-20 Discontinued Operations
210 Balance Sheet
210-20 Offsetting
220 Comprehensive Income
225 Income Statement
225-20 Extraordinary and Unusual Items
230 Statement of Cash Flows
250 Accounting Changes and Error Corrections
260 Earnings per Share
270 Interim Reporting

310 Impairment of a Loan
320 Investment Securities
320 Other-Than-Temporary Impairments, FSP FAS 115-2
320-10-05 Overview of Investments in Other Entities
320-10-35 Reclassification of Investments in Securities
323-10 Equity Method Investments
323-30 Investments in Partnerships and Joint Ventures
325-20 Cost Method Investments
330 Inventory

340-20 Capitalized Advertising Costs
350-20 Goodwill
350-30 Intangibles Other than Goodwill
350-40 Internal-Use Software
350-50 Website Development Costs
360 Property, Plant and Equipment
360-20 Real Estate Sales

410 Asset Retirement and Environmental Obligations
420 Exit or Disposal Cost Obligations
450 Contingencies
450-20 Loss Contingencies
450-30 Gain Contingencies
480 Redeemable Financial Instruments

505-20 Stock Dividends, Stock Splits
505-30 Treasury Stock

605 SEC Staff Accounting Bulletin, Topic 13
605-25 Revenue Recognition - Multiple Element Arrangements

715-30 Defined Benefit Plans - Pension
718 Share-Based Payment
730 Research and Development
730-20 Research and Development Arrangements

805 Business Combinations
810 Consolidation
810 Noncontrolling Interests
810 Consolidation of Variable Interest Entities, SFAS 167

815 Derivatives and Hedging Overview

820 Fair Value Measurements
820 Fair value when the markets are not active, FSP FAS 157-4
825 Fair Value Option

830 Foreign Currency Matters
830-20 Foreign Currency Transactions
830-30 Translation of Financial Statements
835 Interest
835-20 Capitalization of Interest
835-30 Imputation of Interest

840 Leases
840-20 Operating Leases
840-30 Capital Leases
840-40 Sale-Leaseback Transactions
845 Nonmonetary Transactions

855 Subsequent Events
860-20 Sale of Financial Assets, SFAS 166
860-50 Servicing Assets and Liabilities, SFAS 156

985-20 Costs of software to be sold


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Tax Code (Internal Revenue Code) Section Index




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