Title 26 — Internal Revenue CodeRelease 119-73
§986 Determination of Foreign Taxes and Foreign Corporation’s Earnings and Profits
Title 26 › Subtitle Subtitle A— Income Taxes › Chapter 1— NORMAL TAXES AND SURTAXES › Subchapter N— Tax Based on Income From Sources Within or Without the United States › Part III— INCOME FROM SOURCES WITHOUT THE UNITED STATES › Subpart J— Foreign Currency Transactions › § 986
Summary
When you claim a foreign tax credit and you account for foreign income taxes as they accrue, those taxes are converted into dollars using the average exchange rate for the tax year they relate to. That average-rate rule does not apply to taxes paid more than 2 years after the year closes, taxes paid before the year begins, taxes owed in an inflationary currency, or, if you elect, taxes owed in a currency other than your functional currency. For those taxes, you use the exchange rate on the date the taxes were actually paid; refunds are translated at the rate from the original payment. Regulated investment companies that accrue income translate the related foreign taxes at the rate on the date the income accrues. A foreign corporation's earnings and profits are figured in its own functional currency, then translated into dollars when they are distributed or otherwise taxed to a U.S. person. If exchange rates move between the time earnings were already taxed to a shareholder and the time the cash is actually paid out, the currency gain or loss is recognized as ordinary income or loss from the same source as the original income.
Full Legal Text
Title 26, §986
Internal Revenue Code — Source: USLM XML via OLRC
(a)(1)(A)For purposes of determining the amount of the foreign tax credit, in the case of a taxpayer who takes foreign income taxes into account when accrued, the amount of any foreign income taxes (and any adjustment thereto) shall be translated into dollars by using the average exchange rate for the taxable year to which such taxes relate.
(B)Subparagraph (A) shall not apply to any foreign income taxes—
(i)paid after the date 2 years after the close of the taxable year to which such taxes relate, or
(ii)paid before the beginning of the taxable year to which such taxes relate.
(C)Subparagraph (A) shall not apply to any foreign income taxes the liability for which is denominated in any inflationary currency (as determined under regulations).
(D)(i)At the election of the taxpayer, subparagraph (A) shall not apply to any foreign income taxes the liability for which is denominated in any currency other than in the taxpayer’s functional currency.
(ii)An election under this subparagraph may apply to foreign income taxes attributable to a qualified business unit in accordance with regulations prescribed by the Secretary.
(iii)Any such election shall apply to the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary.
(E)In the case of a regulated investment company which takes into account income on an accrual basis, subparagraphs (A) through (D) shall not apply and foreign income taxes paid or accrued with respect to such income shall be translated into dollars using the exchange rate as of the date the income accrues.
(F)For adjustments where tax is not paid within 2 years, see section 905(c).
(2)For purposes of determining the amount of the foreign tax credit, in the case of any foreign income taxes to which subparagraph (A) or (E) of paragraph (1) does not apply—
(A)such taxes shall be translated into dollars using the exchange rates as of the time such taxes were paid to the foreign country or possession of the United States, and
(B)any adjustment to the amount of such taxes shall be translated into dollars using—
(i)except as provided in clause (ii), the exchange rate as of the time when such adjustment is paid to the foreign country or possession, or
(ii)in the case of any refund or credit of foreign income taxes, using the exchange rate as of the time of the original payment of such foreign income taxes.
(3)To the extent prescribed in regulations, the average exchange rate for the period (specified in such regulations) during which the taxes or adjustment is paid may be used instead of the exchange rate as of the time of such payment.
(4)For purposes of this subsection, the term “foreign income taxes” means any income, war profits, or excess profits taxes paid or accrued to any foreign country or to any possession of the United States.
(b)For purposes of determining the tax under this subtitle—
(1)of any shareholder of any foreign corporation, the earnings and profits of such corporation shall be determined in the corporation’s functional currency, and
(2)in the case of any United States person, the earnings and profits determined under paragraph (1) (when distributed, deemed distributed, or otherwise taken into account under this subtitle) shall (if necessary) be translated into dollars using the appropriate exchange rate.
(c)(1)Foreign currency gain or loss with respect to distributions of previously taxed earnings and profits (as described in section 959 or 1293(c)) attributable to movements in exchange rates between the times of deemed and actual distribution shall be recognized and treated as ordinary income or loss from the same source as the associated income inclusion.
(2)The Secretary shall prescribe regulations with respect to the treatment of distributions of previously taxed earnings and profits through tiers of foreign corporations.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2004—Subsec. (a)(1)(D). Pub. L. 108–357, § 408(a), added subpar. (D). Former subpar. (D) redesignated (E). Subsec. (a)(1)(E). Pub. L. 108–357, § 408(b)(1), added subpar. (E). Former subpar. (E) redesignated (F). Pub. L. 108–357, § 408(a), redesignated subpar. (D) as (E). Subsec. (a)(1)(F). Pub. L. 108–357, § 408(b)(1), redesignated subpar. (E) as (F). Subsec. (a)(2). Pub. L. 108–357, § 408(b)(2), inserted “or (E)” after “subparagraph (A)” in introductory provisions. 1997—Subsec. (a). Pub. L. 105–34, § 1102(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “(a) Foreign Taxes.— “(1) In general.—For purposes of determining the amount of the foreign tax credit— “(A) any foreign income taxes shall be translated into dollars using the exchange rates as of the time such taxes were paid to the foreign country or possession of the United States, and “(B) any adjustment to the amount of foreign income taxes shall be translated into dollars using— “(i) except as provided in clause (ii), the exchange rate as of the time when such adjustment is paid to the foreign country or possession, or “(ii) in the case of any refund or credit of foreign income taxes, using the exchange rate as of the time of original payment of such foreign income taxes. “(2) Foreign income taxes.—For purposes of paragraph (1), ‘foreign income taxes’ means any income, war profits, or excess profits taxes paid to any foreign country or to any possession of the United States.” Subsec. (a)(3), (4). Pub. L. 105–34, § 1102(b)(1), added par. (3) and redesignated former par. (3) as (4). 1988—Pub. L. 100–647 substituted “foreign taxes and foreign corporation’s earnings and profits” for “foreign corporation’s earnings and profits and foreign taxes” in heading, and revised and restructured the provisions of subsecs. (a) and (b).
Statutory Notes and Related Subsidiaries
Effective Date
of 2004 Amendment Pub. L. 108–357, title IV, § 408(c), Oct. 22, 2004, 118 Stat. 1500, provided that: “The
Amendments
made by this section [amending this section] shall apply to taxable years beginning after December 31, 2004.”
Effective Date
of 1997 Amendment Pub. L. 105–34, title XI, § 1102(c)(1), Aug. 5, 1997, 111 Stat. 966, provided that: “The
Amendments
made by subsections (a)(1) and (b) [amending this section and section 989 of this title] shall apply to taxes paid or accrued in taxable years beginning after December 31, 1997.”
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
Section applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions and qualifications, see section 1261(e) of Pub. L. 99–514, set out as a note under section 985 of this title.
Reference
Citations & Metadata
Citation
26 U.S.C. § 986
Title 26 — Internal Revenue Code
Last Updated
Apr 6, 2026
Release point: 119-73