Title 26Internal Revenue CodeRelease 119-73not60

§269A Personal Service Corporations Formed or Availed of to Avoid or Evade Income Tax

Title 26 › Subtitle Subtitle A— Income Taxes › Chapter 1— NORMAL TAXES AND SURTAXES › Subchapter B— Computation of Taxable Income › Part IX— ITEMS NOT DEDUCTIBLE › § 269A

Last updated Apr 5, 2026|Official source

Summary

Says a corporation is treated as being set up or used to avoid federal income tax when almost all of its work is done for one other company or entity and the main reason for creating it is to lower taxes or give tax benefits to an owner-employee that they would not get otherwise. Definitions: personal service corporation — a company whose main work is providing personal services done mostly by owner-employees. employee-owner — any employee who owns more than 10 percent of the company on any day of the year (special stock-ownership rules apply, with 5 percent used instead of 50 percent in section 318(a)(2)(C)). related persons — people or entities related under section 144(a)(3) are treated as one.

Full Legal Text

Title 26, §269A

Internal Revenue Code — Source: USLM XML via OLRC

(a)If—
(1)substantially all of the services of a personal service corporation are performed for (or on behalf of) 1 other corporation, partnership, or other entity, and
(2)the principal purpose for forming, or availing of, such personal service corporation is the avoidance or evasion of Federal income tax by reducing the income of, or securing the benefit of any expense, deduction, credit, exclusion, or other allowance for, any employee-owner which would not otherwise be available,
(b)For purposes of this section—
(1)The term “personal service corporation” means a corporation the principal activity of which is the performance of personal services and such services are substantially performed by employee-owners.
(2)The term “employee-owner” means any employee who owns, on any day during the taxable year, more than 10 percent of the outstanding stock of the personal service corporation. For purposes of the preceding sentence, section 318 shall apply, except that “5 percent” shall be substituted for “50 percent” in section 318(a)(2)(C).
(3)All related persons (within the meaning of section 144(a)(3)) shall be treated as 1 entity.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1986—Subsec. (b)(3). Pub. L. 99–514 substituted “section 144(a)(3)” for “section 103(b)(6)(C)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–514 applicable to bonds issued after Aug. 15, 1986, except as otherwise provided, see sections 1311 to 1318 of Pub. L. 99–514, set out as an

Effective Date

Transitional Rules note under section 141 of this title.

Effective Date

Pub. L. 97–248, title II, § 250(c), Sept. 3, 1982, 96 Stat. 529, provided that: “The

Amendments

made by this section [enacting this section] shall apply to taxable years beginning after December 31, 1982.”

Reference

Citations & Metadata

Citation

26 U.S.C. § 269A

Title 26Internal Revenue Code

Last Updated

Apr 5, 2026

Release point: 119-73not60