§1372 — Title 26 Internal Revenue Code | U.S. Code

Summary

For employee fringe benefit rules, an S corporation is treated as a partnership, and anyone owning more than 2 percent of it is treated as a partner rather than an employee. A "2-percent shareholder" is a person who, on any day of the corporation's tax year, owns (directly or through attribution rules) more than 2 percent of the outstanding stock or more than 2 percent of the total voting power.

Title 26, §1372

Internal Revenue Code — Source: USLM XML via OLRC

(a)For purposes of applying the provisions of this subtitle which relate to employee fringe benefits—

(1)the S corporation shall be treated as a partnership, and

(2)any 2-percent shareholder of the S corporation shall be treated as a partner of such partnership.

(b)For purposes of this section, the term “2-percent shareholder” means any person who owns (or is considered as owning within the meaning of section 318) on any day during the taxable year of the S corporation more than 2 percent of the outstanding stock of such corporation or stock possessing more than 2 percent of the total combined voting power of all stock of such corporation.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1372, added Pub. L. 85–866, title I, § 64(a), Sept. 2, 1958, 72 Stat. 1650; amended Pub. L. 87–29, § 2, May 4, 1961, 75 Stat. 64; Pub. L. 89–389, §§ 2(b)(2), 3(a), Apr. 14, 1966, 80 Stat. 114; Pub. L. 91–683, § 1(a), Jan. 12, 1971, 84 Stat. 2067; Pub. L. 94–455, title IX, § 902(c)(3), title XIX, §§ 1901(a)(149), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1609, 1788, 1834; Pub. L. 95–600, title III, § 343, Nov. 6, 1978, 92 Stat. 2843; Pub. L. 95–628, § 5(a), (b), Nov. 10, 1978, 92 Stat. 3628, related to manner, effect, termination, etc., of an election not to be subject to taxes imposed under this chapter, prior to the general revision of this subchapter by section 2 of Pub. L. 97–354.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to taxable years beginning after Dec. 31, 1982, except that in the case of a taxable year beginning during 1982, section 1362(d)(3), 1366(f)(3), and 1375 of this title shall apply and subsec. (e)(5) of this section as in effect on the day before Oct. 19, 1982, shall not apply, see section 6(a), (b)(3), of Pub. L. 97–354, set out as a note under section 1361 of this title. For additional provisions relating to the treatment of existing fringe benefit plans and the application of this section, see section 6(d) of Pub. L. 97–354, set out as a note under section 1361 of this title.

§1372 Partnership Rules to Apply for Fringe Benefit Purposes