26-U.S.C.-244
§244 – Dividends Received On Certain Preferred Stock
Pathway
Title 26 > Subtitle A > Chapter 1 > Subchapter B > Part VIII > Section 244
Details
- Reference: Section 244
- Legend: §244 – Dividends Received On Certain Preferred Stock
- USCode Year: 2013
Provision Content
(a) General rule
In the case of a corporation, there shall be allowed as a deduction an amount computed as follows:
(1) First determine the amount received as dividends on the preferred stock of a public utility which is subject to taxation under this chapter and with respect to which the deduction provided in section 247 for dividends paid is allowable.
(2) Then multiply the amount determined under paragraph (1) by the fraction—
(A) the numerator of which is 14 percent, and
(B) the denominator of which is that percentage which equals the highest rate of tax specified in section 11(b).
(3) Finally ascertain the amount which is 70 percent of the excess of—
(A) the amount determined under paragraph (1), over
(B) the amount determined under paragraph (2).
(b) Exception
If the dividends described in subsection (a)(1) are qualifying dividends (as defined in section 243(b)(1), but determined without regard to section 243(d)(4))—
(1) subsection (a) shall be applied separately to such qualifying dividends, and
(2) for purposes of subsection (a)(3), the percentage applicable to such qualifying dividends shall be 100 percent in lieu of 70 percent.
(Aug. 16, 1954, ch. 736, 68A Stat. 73; Pub. L. 88–272, title II, §214(b)(1), Feb. 26, 1964, 78 Stat. 55; Pub. L. 95–600, title III, §301(b)(3), Nov. 6, 1978, 92 Stat. 2820; Pub. L. 99–514, title VI, §611(a)(2), Oct. 22, 1986, 100 Stat. 2249; Pub. L. 100–203, title X, §10221(a)(2), Dec. 22, 1987, 101 Stat. 1330–408; Pub. L. 100–647, title II, §2004(i)(2), Nov. 10, 1988, 102 Stat. 3603.)
Amendments
1988—Subsec. (b). Pub. L. 100–647 substituted section 243(d)(4) for section 243(c)(4).
1987—Subsecs. (a)(3), (b)(2). Pub. L. 100–203 substituted 70 percent for 80 percent.
1986—Subsecs. (a)(3), (b)(2). Pub. L. 99–514 substituted 80 percent for 85 percent.
1978—Subsec. (a)(2)(B). Pub. L. 95–600 substituted the highest rate of tax specified in section 11(b) for the sum of the normal tax rate and the surtax rate for the taxable year prescribed by section 11.
1964—Pub. L. 88–272 designated existing provisions as subsec. (a) and added subsec. (b).
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provisions of the Revenue Act of 1987, Pub. L. 100–203, title X, to which such amendment relates, see section 2004(u) of Pub. L. 100–647, set out as a note under section 56 of this title.
Effective Date of 1987 Amendment
Amendment by Pub. L. 100–203 applicable to dividends received or accrued after Dec. 31, 1987, in taxable years ending after such date, see section 10221(e)(1) of Pub. L. 100–203, set out as a note under section 243 of this title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–514 applicable to dividends received or accrued after Dec. 31, 1986, in taxable years ending after such date, see section 611(b) of Pub. L. 99–514, set out as a note under section 246 of this title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–600 applicable to taxable years beginning after Dec. 31, 1978, see section 301(c) of Pub. L. 95–600, set out as a note under section 11 of this title.
Effective Date of 1964 Amendment
Amendment by Pub. L. 88–272 applicable to dividends received in taxable years ending after Dec. 31, 1963, see section 214(c) of Pub. L. 88–272, set out as a note under section 243 of this title.
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