26-U.S.C.-678
§678 – Person Other Than Grantor Treated As Substantial Owner
Pathway
Title 26 > Subtitle A > Chapter 1 > Subchapter J > Part I > Subpart E > Section 678
Details
- Reference: Section 678
- Legend: §678 – Person Other Than Grantor Treated As Substantial Owner
- USCode Year: 2013
Provision Content
(a) General rule
A person other than the grantor shall be treated as the owner of any portion of a trust with respect to which:
(1) such person has a power exercisable solely by himself to vest the corpus or the income therefrom in himself, or
(2) such person has previously partially released or otherwise modified such a power and after the release or modification retains such control as would, within the principles of sections 671 to 677, inclusive, subject to grantor of a trust to treatment as the owner thereof.
(b) Exception where grantor is taxable
Subsection (a) shall not apply with respect to a power over income, as originally granted or thereafter modified, if the grantor of the trust or a transferor (to whom section 679 applies) is otherwise treated as the owner under the provisions of this subpart other than this section.
(c) Obligations of support
Subsection (a) shall not apply to a power which enables such person, in the capacity of trustee or cotrustee, merely to apply the income of the trust to the support or maintenance of a person whom the holder of the power is obligated to support or maintain except to the extent that such income is so applied. In cases where the amounts so applied or distributed are paid out of corpus or out of other than income of the taxable year, such amounts shall be considered to be an amount paid or credited within the meaning of paragraph (2) of section 661(a) and shall be taxed to the holder of the power under section 662.
(d) Effect of renunciation or disclaimer
Subsection (a) shall not apply with respect to a power which has been renounced or disclaimed within a reasonable time after the holder of the power first became aware of its existence.
(e) Cross reference
For provision under which beneficiary of trust is treated as owner of the portion of the trust which consists of stock in an S corporation, see section 1361(d).
(Aug. 16, 1954, ch. 736, 68A Stat. 231; Pub. L. 94–455, title X, §1013(b), Oct. 4, 1976, 90 Stat. 1615; Pub. L. 97–448, title I, §102(i)(2), Jan. 12, 1983, 96 Stat. 2373; Pub. L. 106–554, §1(a)(7) [title III, §319(8)(A)], Dec. 21, 2000, 114 Stat. 2763, 2763A–646.)
Amendments
2000—Subsec. (e). Pub. L. 106–554 substituted an S corporation for an electing small business corporation.
1983—Subsec. (e). Pub. L. 97–448 added subsec. (e).
1976—Subsec. (b). Pub. L. 94–455 substituted if the grantor of the trust or a transferor (to whom section 679 applies) is otherwise treated as the owner under the provisions of this subpart other than this section for if the grantor of the trust is otherwise treated as the owner under sections 671 to 677, inclusive.
Effective Date of 1983 Amendment
Amendment by Pub. L. 97–448 effective, except as otherwise provided, as if it had been included in the provision of the Economic Recovery Tax Act of 1981, Pub. L. 97–34, to which such amendment relates, see section 109 of Pub. L. 97–448, set out as a note under section 1 of this title.
Effective Date of 1976 Amendment
For effective date of amendment by Pub. L. 94–455, see section 1013(f)(1) of Pub. L. 94–455, set out as an Effective Date note under section 679 of this title.
U.S. Encyclopedia of Law Coverage
26-U.S.C.-678 in the Legal Encyclopedia: Income Taxes
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26-U.S.C.-675 in the Legal Encyclopedia: Tax Liability
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26-U.S.C.-674 in the Legal Encyclopedia: Taxation
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26-U.S.C.-676 in the Legal Encyclopedia: Liability
In this entry about 26-U.S.C.-676, find legal reference material, bibliographies and premiere content related to liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States liability-specific issues, written by authorities in the field.
26-U.S.C.-677 in the Legal Encyclopedia: Grants
In this entry about 26-U.S.C.-677, find legal reference material, bibliographies and premiere content related to grants in the American Encyclopedia of Law, presenting a comprehensive view of the United States grants-specific issues, written by authorities in the field.
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