26-U.S.C.-858
§858 – Dividends Paid By Real Estate Investment Trust After Close of Taxable Year
Pathway
Title 26 > Subtitle A > Chapter 1 > Subchapter M > Part II > Section 858
Details
- Reference: Section 858
- Legend: §858 – Dividends Paid By Real Estate Investment Trust After Close of Taxable Year
- USCode Year: 2013
Provision Content
(a) General rule
For purposes of this part, if a real estate investment trust—
(1) declares a dividend before the time prescribed by law for the filing of its return for a taxable year (including the period of any extension of time granted for filing such return), and
(2) distributes the amount of such dividend to shareholders or holders of beneficial interests in the 12-month period following the close of such taxable year and not later than the date of the first regular dividend payment made after such declaration,
the amount so declared and distributed shall, to the extent the trust elects in such return (and specifies in dollar amounts) in accordance with regulations prescribed by the Secretary, be considered as having been paid only during such taxable year, except as provided in subsections (b) and (c).
(b) Receipt by shareholder
Except as provided in section 857(b)(8), amounts to which subsection (a) applies shall be treated as received by the shareholder or holder of a beneficial interest in the taxable year in which the distribution is made.
(c) Notice to shareholders
In the case of amounts to which subsection (a) applies, any notice to shareholders or holders of beneficial interests required under this part with respect to such amounts shall be made not later than 30 days after the close of the taxable year in which the distribution is made (or mailed to its shareholders or holders of beneficial interests with its annual report for the taxable year).
(Added Pub. L. 86–779, §10(a), Sept. 14, 1960, 74 Stat. 1008; amended Pub. L. 94–455, title XVI, §§1604(h), title XIX, §1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1752, 1834; Pub. L. 99–514, title VI, §§665(b)(2), 668(b)(1)(B), Oct. 22, 1986, 100 Stat. 2304, 2307; Pub. L. 100–647, title I, §1018(u)(27), Nov. 10, 1988, 102 Stat. 3591.)
Amendments
1988—Subsec. (b). Pub. L. 100–647, §1018(u)(27), made technical correction to directory language of Pub. L. 99–514, see 1986 Amendment note below.
1986—Subsec. (b). Pub. L. 99–514, §668(b)(1)(B), as amended by Pub. L. 100–647, §1018(u)(27), substituted Except as provided in section 857(b)(8), amounts for Amounts.
Subsec. (c). Pub. L. 99–514, §665(b)(2), inserted (or mailed to its shareholders or holders of beneficial interests with its annual report for the taxable year).
1976—Subsec. (a). Pub. L. 94–455, §§1604(h), 1906(b)(13)(A), inserted (and specifies in dollar amounts) after to the extent the trust elects in such return and substituted paid only during such taxable year for paid during such taxable year, and struck out or his delegate after Secretary.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.
Effective Date of 1986 Amendment
Amendment by section 665(b)(2) of Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, and by section 668(b)(1)(B) of Pub. L. 99–514 applicable to calendar years beginning after Dec. 31, 1986, see section 669 of Pub. L. 99–514, set out as a note under section 856 of this title.
Effective Date of 1976 Amendment
For effective date of amendment by section 1604(h) of Pub. L. 94–455, see section 1608(d) of Pub. L. 94–455, set out as a note under section 856 of this title.
Effective Date
Section applicable with respect to taxable years of real estate investment trusts beginning after Dec. 31, 1960, see section 10(k) of Pub. L. 86–779, set out as a note under section 856 of this title.
U.S. Encyclopedia of Law Coverage
26-U.S.C.-858 in the Legal Encyclopedia: Income Taxes
In this entry about 26-U.S.C.-858, find legal reference material, bibliographies and premiere content related to income taxes in the American Encyclopedia of Law, presenting a comprehensive view of the United States income taxes-specific issues, written by authorities in the field.
Part II – Real Estate Investment Trusts in the Legal Encyclopedia: Tax Liability
In this entry about Part II – Real Estate Investment Trusts, find legal reference material, bibliographies and premiere content related to tax liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States tax liability-specific issues, written by authorities in the field.
26-U.S.C.-855 in the Legal Encyclopedia: Taxation
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26-U.S.C.-856 in the Legal Encyclopedia: Liability
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26-U.S.C.-854 in the Legal Encyclopedia: Investment
In this entry about 26-U.S.C.-854, find legal reference material, bibliographies and premiere content related to investment in the American Encyclopedia of Law, presenting a comprehensive view of the United States investment-specific issues, written by authorities in the field.
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