Amendments
2022—Subsec. (d). Pub. L. 117–169 substituted “the taxes imposed by subsection (a) and
section 55” for “the tax imposed by subsection (a)”. 2017—Subsec. (b). Pub. L. 115–97, § 13001(a), amended subsec. (b) generally. Prior to amendment, text read as follows: “(1) In general.—The amount of the tax imposed by subsection (a) shall be the sum of— “(A) 15 percent of so much of the taxable income as does not exceed $50,000, “(B) 25 percent of so much of the taxable income as exceeds $50,000 but does not exceed $75,000, “(C) 34 percent of so much of the taxable income as exceeds $75,000 but does not exceed $10,000,000, and “(D) 35 percent of so much of the taxable income as exceeds $10,000,000. In the case of a corporation which has taxable income in excess of $100,000 for any taxable year, the amount of tax determined under the preceding sentence for such taxable year shall be increased by the lesser of (i) 5 percent of such excess, or (ii) $11,750. In the case of a corporation which has taxable income in excess of $15,000,000, the amount of the tax determined under the foregoing provisions of this paragraph shall be increased by an additional amount equal to the lesser of (i) 3 percent of such excess, or (ii) $100,000. “(2) Certain personal service corporations not eligible for graduated rates.—Notwithstanding paragraph (1), the amount of the tax imposed by subsection (a) on the taxable income of a qualified personal service corporation (as defined in
section 448(d)(2)) shall be equal to 35 percent of the taxable income.” Subsec. (d). Pub. L. 115–97, § 12001(b)(11), substituted “the tax imposed by subsection (a)” for “the taxes imposed by subsection (a) and
section 55”. 1993—Subsec. (b)(1). Pub. L. 103–66, § 13221(a)(3), inserted at end of closing provisions “In the case of a corporation which has taxable income in excess of $15,000,000, the amount of the tax determined under the foregoing provisions of this paragraph shall be increased by an additional amount equal to the lesser of (i) 3 percent of such excess, or (ii) $100,000.” Subsec. (b)(1)(C), (D). Pub. L. 103–66, § 13221(a)(1), (2), added subpars. (C) and (D) and struck out former subpar. (C) which read as follows: “34 percent of so much of the taxable income as exceeds $75,000.” Subsec. (b)(2). Pub. L. 103–66, § 13221(b), substituted “35 percent” for “34 percent”. 1988—Subsec. (d). Pub. L. 100–647 substituted “the taxes imposed by subsection (a) and
section 55” for “the tax imposed by subsection (a)”. 1987—Subsec. (b). Pub. L. 100–203 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The amount of the tax imposed by subsection (a) shall be the sum of— “(1) 15 percent of so much of the taxable income as does not exceed $50,000, “(2) 25 percent of so much of the taxable income as exceeds $50,000 but does not exceed $75,000, and “(3) 34 percent of so much of the taxable income as exceeds $75,000. In the case of a corporation which has taxable income in excess of $100,000 for any taxable year, the amount of tax determined under the preceding sentence for such taxable year shall be increased by the lesser of (A) 5 percent of such excess, or (B) $11,750.” 1986—Subsec. (b). Pub. L. 99–514 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The amount of the tax imposed by subsection (a) shall be the sum of— “(1) 15 percent (16 percent for taxable years beginning in 1982) of so much of the taxable income as does not exceed $25,000; “(2) 18 percent (19 percent for taxable years beginning in 1982) of so much of the taxable income as exceeds $25,000 but does not exceed $50,000; “(3) 30 percent of so much of the taxable income as exceeds $50,000 but does not exceed $75,000; “(4) 40 percent of so much of the taxable income as exceeds $75,000 but does not exceed $100,000; plus “(5) 46 percent of so much of the taxable income as exceeds $100,000. In the case of a corporation with taxable income in excess of $1,000,000 for any taxable year, the amount of tax determined under the preceding sentence for such taxable year shall be increased by the lesser of (A) 5 percent of such excess, or (B) $20,250.” 1984—Subsec. (b). Pub. L. 98–369 inserted “In the case of a corporation with taxable income in excess of $1,000,000 for any taxable year, the amount of tax determined under the preceding sentence for such taxable year shall be increased by the lesser of (A) 5 percent of such excess, or (B) $20,250.” 1981—Subsec. (b)(1). Pub. L. 97–34, § 231(a)(1), substituted “15 percent (16 percent for taxable years beginning in 1982)” for “17 percent”. Subsec. (b)(2). Pub. L. 97–34, § 231(a)(2), substituted “18 percent (19 percent for taxable years beginning in 1982)” for “20 percent”. 1978—Pub. L. 95–600 reduced corporate tax rates by substituting provisions imposing a five-step tax rate structure on corporate taxable income for provisions using a normal tax and surtax approach to the taxation of corporate taxable income. 1977—Subsec. (b)(1). Pub. L. 95–30, § 201(1), substituted “
December 31, 1978” for “
December 31, 1977”. Subsec. (b)(2). Pub. L. 95–30, § 201(1), substituted “
January 1, 1979” for “
January 1, 1978” in provisions preceding subpar. (A). Subsec. (d)(1). Pub. L. 95–30, § 201(2), substituted “
December 31, 1978” for “
December 31, 1977”. Subsec. (d)(2). Pub. L. 95–30, § 201(2), substituted “
January 1, 1979” for “
January 1, 1978”. 1976—Subsec. (a). Pub. L. 94–455 reenacted subsec. (a) without change. Subsec. (b). Pub. L. 94–455, among other changes, substituted “
December 31, 1977, 22 percent” for “
December 31, 1976, 22 percent” and “after
December 31, 1974 and before
January 1, 1978” for “after
December 31, 1974 and before
January 1, 1977” and struck out provisions relating to the six-month application of the general rule. Subsec. (c). Pub. L. 94–455 struck out provisions relating to the special rule for 1976 for calendar year taxpayers. Subsec. (d). Pub. L. 94–455, among other changes, substituted provisions relating to surtax exemption of $25,000 for a taxable year ending Dec. 31, 1977, or $50,000 for a taxable year ending after Dec. 31, 1974, and before Jan. 1, 1978, for provisions relating to surtax exemption of $50,000 for any taxable year and struck out provisions relating to six-month application of the general rule. 1975—Subsec. (b). Pub. L. 94–164 redesignated existing pars. (1) and (2) as pars. (1)(A) and (1)(B), and in par. (1)(A) as so redesignated substituted “after
December 31, 1976” for “before
January 1, 1975 or after
December 31, 1975”, and in par. (1)(B) as so redesignated substituted “
January 1, 1977” for “
January 1, 1976”, and added par. (2). Pub. L. 94–12, § 303(a), reduced the normal tax for a taxable year ending after Dec. 31, 1974, and before Jan. 1, 1976, to 20 percent of so much of the taxable income as does not exceed $25,000 plus 22 percent of so much of the taxable income as exceeds $25,000. Subsec. (c). Pub. L. 94–164 designated existing provisions as par. (1), struck out special percentages for taxable years beginning before Jan. 1, 1964, and after Dec. 31, 1963 and before Jan. 1, 1965, and added par. (2). Subsec. (d). Pub. L. 94–164 designated existing provisions as par. (1), substituted “$50,000” for “$25,000”, inserted reference to
section 1564 of this title, and added par. (2). Pub. L. 94–12, § 303(b), substituted “$50,000” for “$25,000”. 1969—Subsec. (d). Pub. L. 91–172 substituted “
section 1561 or
1564” for “
section 1561”. 1966—Subsec. (e)(4). Pub. L. 89–809, § 104(b)(2)(A), struck out par. (4) which made reference to
section 881(a) (relating to foreign corporations not engaged in business in United States). Subsec. (f). Pub. L. 89–809, § 104(b)(2)(B), added subsec. (f). 1964—Subsec. (b). Pub. L. 88–272 applied the 30 percent tax to years beginning before Jan. 1, 1964 instead of
July 1, 1964 in par. (1), and in par. (2), reduced the rate from 25 percent to 22 percent, and applied it to years beginning after Dec. 31, 1963, instead of
June 30, 1964. Subsec. (c). Pub. L. 88–272 increased the percentage from 22 to 28 for taxable years beginning after Dec. 31, 1963, and before Jan. 1, 1965, and to 26 percent for taxable years beginning after Dec. 31, 1964. The surtax exemption previously carried in subsec. (c), is now stated in subsec. (d). Subsecs. (d), (e). Pub. L. 88–272 added subsec. (d) and redesignated former subsec. (d) as (e). 1963—Subsec. (b). Pub. L. 88–52 substituted “
July 1, 1964” for “
July 1, 1963” and “
June 30, 1964” for “
June 30, 1963” wherever appearing. 1962—Subsec. (b). Pub. L. 87–508 substituted “
July 1, 1963” for “
July 1, 1962” and “
June 30, 1963” for “
June 30, 1962” wherever appearing. 1961—Subsec. (b). Pub. L. 87–72 substituted “
July 1, 1962” for “
July 1, 1961” and “
June 30, 1962” for “
June 30, 1961” wherever appearing. 1960—Subsec. (b). Pub. L. 86–564 substituted “
July 1, 1961” for “
July 1, 1960” and “
June 30, 1961” for “
June 30, 1960” wherever appearing. Subsec. (d)(3). Pub. L. 86–779 inserted “and real estate investment trusts” after “regulated investment companies”. 1959—Subsec. (b). Pub. L. 86–75 substituted “
July 1, 1960” for “
July 1, 1959” and “
June 30, 1960” for “
June 30, 1959” wherever appearing. 1958—Subsec. (b). Pub. L. 85–475 substituted “
July 1, 1959” for “
July 1, 1958” and “
June 30, 1959” for “
June 30, 1958” wherever appearing. 1957—Subsec. (b). Pub. L. 85–12 substituted “
July 1, 1958” for “
April 1, 1957” and “
June 30, 1958” for “
March 31, 1957” wherever appearing. 1956—Subsec. (b). Act Mar. 29, 1956, substituted “
April 1, 1957” for “
April 1, 1956” and “
March 31, 1957” for “
March 31, 1956” wherever appearing. 1955—Subsec. (b). Act Mar. 30, 1955, substituted “
April 1, 1956” for “
April 1, 1955” and “
March 31, 1956” for “
March 31, 1955” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date
of 2022 Amendment Pub. L. 117–169, title I, § 10101(f), Aug. 16, 2022, 136 Stat. 1828, provided that: “The
Amendments
made by this section [enacting
section 56A of this title and amending this section and
section 12, 38, 53, 55, 59, 860E, 882, 897, 6425, and 6655 of this title] shall apply to taxable years beginning after December 31, 2022.”
Effective Date
of 2017 Amendment Pub. L. 115–97, title I, § 12001(c), Dec. 22, 2017, 131 Stat. 2094, provided that: “The
Amendments
made by this section [amending this section and
section 12, 38, 53, 55, 56, 58, 59, 168, 847, 848, 882, 897, 911, 962, 1561, 6425, and 6655 of this title] shall apply to taxable years beginning after December 31, 2017.” Pub. L. 115–97, title I, § 13001(c), Dec. 22, 2017, 131 Stat. 2098, provided that: “(1) In general.—Except as otherwise provided in this subsection, the
Amendments
made by subsections (a) and (b) [amending this section and
section 12, 280C, 453A, 527, 535, 594, 691, 801, 831, 832, 834, 852, 857, 860E, 882, 904, 1374, 1381, 1445, 1446, 1561, 6425, 6655, 7518, and 7874 of this title and repealing
section 1201 and
1551 of this title] shall apply to taxable years beginning after December 31, 2017. “(2) Withholding.—The
Amendments
made by subsection (b)(3) [amending
section 1445 and
1446 of this title] shall apply to distributions made after December 31, 2017. “(3) Certain transfers.—The
Amendments
made by subsection (b)(6) [amending
section 1561 of this title] shall apply to transfers made after December 31, 2017.”
Effective Date
of 1993 Amendment Pub. L. 103–66, title XIII, § 13221(d), Aug. 10, 1993, 107 Stat. 477, provided that: “The
Amendments
made by this section [amending this section and
section 852, 1201, and 1445 of this title] shall apply to taxable years beginning on or after January 1, 1993; except that the amendment made by subsection (c)(3) [amending
section 1445 of this title] shall take effect on the date of the enactment of this Act [Aug. 10, 1993].”
Effective Date
of 1988 AmendmentAmendment 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 1987 Amendment Pub. L. 100–203, title X, § 10224(b), Dec. 22, 1987, 101 Stat. 1330–413, provided that: “The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1987.”
Effective Date
of 1986 Amendment Pub. L. 99–514, title VI, § 601(b), Oct. 22, 1986, 100 Stat. 2249, provided that: “(1) In general.—The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning on or after
July 1, 1987. “(2) Cross reference.—“For treatment of taxable years which include
July 1, 1987, see
section 15 of the Internal Revenue Code of 1986.”
Effective Date
of 1984 Amendment Pub. L. 98–369, div. A, title I, § 66(c), July 18, 1984, 98 Stat. 585, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “(1) In general.—The
Amendments
made by this section [amending this section and
section 1561 of this title] shall apply to taxable years beginning after December 31, 1983. “(2)
Amendments
not treated as changed in rate of tax.—The
Amendments
made by this subsection [probably should be “section”] shall not be treated as a change in a rate of tax for purposes of
section 21 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954].”
Effective Date
of 1981 Amendment Pub. L. 97–34, title II, § 231(c), Aug. 13, 1981, 95 Stat. 250, provided that: “The
Amendments
made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1981.”
Effective Date
of 1978 Amendment Pub. L. 95–600, title III, § 301(c), Nov. 6, 1978, 92 Stat. 2824, provided that: “The
Amendments
made by this section [amending this section and
section 12, 57, 244, 247, 511, 527, 528, 802, 821, 826, 852, 857, 882, 907, 922, 962, 1351, 1551, 1561, 6154, and 6655 of this title] shall apply to taxable years beginning after December 31, 1978.”
Effective Date
of 1976 Amendment Pub. L. 94–455, title IX, § 901(d), Oct. 4, 1976, 90 Stat. 1607, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on December 23, 1975. The
Amendments
made by subsection (b) [amending
section 821 of this title] shall apply to taxable years ending after December 31, 1974. The
Amendments
made by subsection (c) [amending
section 21, 1561, and 6154 of this title] shall apply to taxable years ending after December 31, 1975.” Effective and Termination Dates of 1975 Amendment Pub. L. 94–164, § 4(e), Dec. 23, 1975, 89 Stat. 975, provided that: “The
Amendments
made by subsections (b), (c), and (d) [amending this section and
section 21, 962, and 1561 of this title] apply to taxable years beginning after
December 31, 1975. The amendment made by subsection (c) [amending this section] ceases to apply for taxable years beginning after
December 31, 1976.” Pub. L. 94–12, title III, § 305(b)(1), Mar. 29, 1975, 89 Stat. 45, provided that: “The
Amendments
made by
section 303 [amending this section and
section 12, 962, and 1561 of this title and enacting provisions set out as a note under this section] shall apply to taxable years ending after December 31, 1974. The
Amendments
made by subsections (b) and (c) of such section [amending this section and
section 12, 962, and 1561 of this title and enacting provisions set out as a note under this section] shall cease to apply for taxable years ending after December 31, 1975.”
Effective Date
of 1969 AmendmentAmendment by Pub. L. 91–172 applicable with respect to taxable years beginning after Dec. 31, 1969, see
section 401(h)(2) of Pub. L. 91–172, set out as a note under
section 1561 of this title.
Effective Date
of 1966 Amendment Pub. L. 89–809, title I, § 104(n), Nov. 13, 1966, 80 Stat. 1563, provided that: “The
Amendments
made by this section (other than subsection (k)) [enacting
section 6683 to this title and amending this section and
section 245, 301, 512, 542, 543, 545, 819, 821, 822, 831, 832, 841, 842, 881, 882, 884, 952, 953, 1249, 1442, and 6016 of this title] shall apply with respect to taxable years beginning after
December 31, 1966. The amendment made by subsection (k) [amending
section 1248(d)(4) of this title] shall apply with respect to sales or exchanges occurring after
December 31, 1966.”
Effective Date
of 1964 AmendmentAmendment by Pub. L. 88–272, except for purposes of
section 21 of this title, effective with respect to taxable years beginning after Dec. 31, 1963, see
section 131 of Pub. L. 88–272, set out as a note under
section 1 of this title.
Effective Date
of 1960 AmendmentAmendment by Pub. L. 86–779 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 an
Effective Date
note under
section 856 of this title. Allocation of 1975 Taxable Income Among Component Members of Controlled Group of Corporations Pub. L. 94–12, title III, § 303(c)(1), Mar. 29, 1975, 89 Stat. 44, provided in part that: “In applying subsection (b)(2) of
section 11 [former subsec. (b)(2) of this section], the first $25,000 of taxable income and the second $25,000 of taxable income shall each be allocated among the component members of a controlled group of corporations in the same manner as the surtax exemption is allocated.”