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

Summary

Your taxable income is figured over your "taxable year." Normally that is your annual accounting period — the yearly period you use to keep your books — which can be either a calendar year ending December 31 or a fiscal year ending on the last day of any other month. If you keep no books, have no regular annual accounting period, or your period does not qualify as a fiscal year, you must use the calendar year. A return filed for a stretch shorter than 12 months uses that shorter period. Businesses that always close their books on the same day of the week can elect a 52-53 week year instead, with special rules for how effective dates and short periods are handled when switching. A DISC (a type of export corporation) must use the taxable year of the shareholder or shareholder group holding the highest share of voting power. A personal service corporation must use the calendar year unless it convinces the IRS it has a real business purpose for a different year — and deferring income to shareholders does not count as a business purpose.

Title 26, §441

Internal Revenue Code — Source: USLM XML via OLRC

(a)Taxable income shall be computed on the basis of the taxpayer’s taxable year.

(b)For purposes of this subtitle, the term “taxable year” means—

(1)the taxpayer’s annual accounting period, if it is a calendar year or a fiscal year;

(2)the calendar year, if subsection (g) applies;

(3)the period for which the return is made, if a return is made for a period of less than 12 months; or

(4)in the case of a DISC filing a return for a period of at least 12 months, the period determined under subsection (h).

(c)For purposes of this subtitle, the term “annual accounting period” means the annual period on the basis of which the taxpayer regularly computes his income in keeping his books.

(d)For purposes of this subtitle, the term “calendar year” means a period of 12 months ending on December 31.

(e)For purposes of this subtitle, the term “fiscal year” means a period of 12 months ending on the last day of any month other than December. In the case of any taxpayer who has made the election provided by subsection (f) the term means the annual period (varying from 52 to 53 weeks) so elected.

(f)(1)A taxpayer who, in keeping his books, regularly computes his income on the basis of an annual period which varies from 52 to 53 weeks and ends always on the same day of the week and ends always—

(A)on whatever date such same day of the week last occurs in a calendar month, or

(B)on whatever date such same day of the week falls which is nearest to the last day of a calendar month,

(2)(A)In any case in which the effective date or the applicability of any provision of this title is expressed in terms of taxable years beginning, including, or ending with reference to a specified date which is the first or last day of a month, a taxable year described in paragraph (1) shall (except for purposes of the computation under section 15) be treated—

(i)as beginning with the first day of the calendar month beginning nearest to the first day of such taxable year, or

(ii)as ending with the last day of the calendar month ending nearest to the last day of such taxable year,

(B)In the case of a change from or to a taxable year described in paragraph (1)—

(i)if such change results in a short period (within the meaning of section 443) of 359 days or more, or of less than 7 days, section 443(b) (relating to alternative tax computation) shall not apply;

(ii)if such change results in a short period of less than 7 days, such short period shall, for purposes of this subtitle, be added to and deemed a part of the following taxable year; and

(iii)if such change results in a short period to which subsection (b) of section 443 applies, the taxable income for such short period shall be placed on an annual basis for purposes of such subsection by multiplying the gross income for such short period (minus the deductions allowed by this chapter for the short period, but only the adjusted amount of the deductions for personal exemptions as described in section 443(c)) by 365, by dividing the result by the number of days in the short period, and the tax shall be the same part of the tax computed on the annual basis as the number of days in the short period is of 365 days.

(3)The Secretary may by regulation provide terms and conditions for the application of this subsection to a partnership, S corporation, or personal service corporation (within the meaning of section 441(i)(2)).

(4)The Secretary shall prescribe such regulations as he deems necessary for the application of this subsection.

(g)Except as provided in section 443 (relating to returns for periods of less than 12 months), the taxpayer’s taxable year shall be the calendar year if—

(1)the taxpayer keeps no books;

(2)the taxpayer does not have an annual accounting period; or

(3)the taxpayer has an annual accounting period, but such period does not qualify as a fiscal year.

(h)(1)For purposes of this subtitle, the taxable year of any DISC shall be the taxable year of that shareholder (or group of shareholders with the same 12-month taxable year) who has the highest percentage of voting power.

(2)If 2 or more shareholders (or groups) have the highest percentage of voting power under paragraph (1), the taxable year of the DISC shall be the same 12-month period as that of any such shareholder (or group).

(3)The Secretary shall prescribe regulations under which paragraphs (1) and (2) shall apply to a change of ownership of a corporation after the taxable year of the corporation has been determined under paragraph (1) or (2) only if such change is a substantial change of ownership.

(4)For purposes of this subsection, voting power shall be determined on the basis of total combined voting power of all classes of stock of the corporation entitled to vote.

(i)(1)For purposes of this subtitle, the taxable year of any personal service corporation shall be the calendar year unless the corporation establishes, to the satisfaction of the Secretary, a business purpose for having a different period for its taxable year. For purposes of this paragraph, any deferral of income to shareholders shall not be treated as a business purpose.

(2)For purposes of this subsection, the term “personal service corporation” has the meaning given such term by section 269A(b)(1), except that section 269A(b)(2) shall be applied—

(A)by substituting “any” for “more than 10 percent”, and

(B)by substituting “any” for “50 percent or more in value” in section 318(a)(2)(C).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2007—Subsec. (b)(4). Pub. L. 110–172, § 11(g)(7)(A), struck out “FSC or” before “DISC filing”. Subsec. (h). Pub. L. 110–172, § 11(g)(7)(B), struck out “FSC’s and” before “DISC’s” in heading and “FSC or” before “DISC” in pars. (1) and (2). 1988—Subsec. (i)(2). Pub. L. 100–647 inserted at end “A corporation shall not be treated as a personal service corporation unless more than 10 percent of the stock (by value) in such corporation is held by employee-owners (within the meaning of section 269A(b)(2), as modified by the preceding sentence). If a corporation is a member of an affiliated group filing a consolidated return, all members of such group shall be taken into account in determining whether such corporation is a personal service corporation.” 1986—Subsec. (f)(2)(B)(iii). Pub. L. 99–514, § 104(b)(6), struck out “and by adding the zero bracket amount,” after “in the short period,”. Subsec. (f)(3), (4). Pub. L. 99–514, § 806(d), added par. (3) and redesignated former par. (3) as (4). Subsec. (i). Pub. L. 99–514, § 806(c)(1), added subsec. (i). 1984—Subsec. (b)(4). Pub. L. 98–369, § 803(a), added par. (4). Subsec. (f)(2)(A). Pub. L. 98–369, § 474(b)(2), substituted “section 15” for “section 21” in provisions preceding cl. (i). Subsec. (h). Pub. L. 98–369, § 803(b), added subsec. (h). 1977—Subsec. (f)(2)(B)(iii). Pub. L. 95–30 substituted “multiplying the gross income for such short period (minus the deductions allowed by this chapter for the short period, but only the adjusted amount of the deductions for personal exemptions as described in section 443(c)) by 365, by dividing the result by the number of days in the short period, and by adding the zero bracket amount” for “multiplying such income by 365 and dividing the result by the number of days in the short period”. 1976—Subsec. (f)(3). Pub. L. 94–455 struck out “or his delegate” after “Secretary”. 1964—Subsec. (f)(2)(A). Pub. L. 88–272 inserted “, including,” before “or ending with reference to”.

Statutory Notes and Related Subsidiaries

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 1986 AmendmentAmendment by section 104(b)(6) of Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, see section 151(a) of Pub. L. 99–514, set out as a note under section 1 of this title. Amendment by section 806(c)(1), (d) of Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, with special provisions applicable to taxpayers who are required to change their accounting periods, see section 806(e) of Pub. L. 99–514, set out as a note under section 1378 of this title.

Effective Date

of 1984 AmendmentAmendment by section 474(b)(2) of Pub. L. 98–369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Pub. L. 98–369, set out as a note under section 21 of this title. Amendment by section 803 of Pub. L. 98–369 applicable to taxable years beginning after Dec. 31, 1984, see section 805(a)(4) of Pub. L. 98–369, as amended, set out as a note under section 245 of this title.

Effective Date

of 1977 AmendmentAmendment by Pub. L. 95–30 applicable to taxable years beginning after Dec. 31, 1976, see section 106(a) of Pub. L. 95–30, set out as a note under section 1 of this title.

Effective Date

of 1964 AmendmentAmendment by Pub. L. 88–272 applicable to taxable years ending after Dec. 31, 1963, see section 235(d) of Pub. L. 88–272, set out as a note under section 269 of this title.

Construction

of section 806 of Pub. L. 99–514Nothing in section 806 of Pub. L. 99–514 or in any legislative history relating thereto to be construed as requiring the Secretary of the Treasury or his delegate to permit an automatic change of a taxable year, see section 1008(e)(9) of Pub. L. 100–647, set out as a note under section 1378 of this title.

§441 Period for Computation of Taxable Income

Summary

Title 26, §441

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Effective Date

Construction

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