26 U.S.C. § 275
No deduction shall be allowed for the following taxes:
Paragraph (1) shall not apply to any taxes to the extent such taxes are allowable as a deduction under section 164(f).
For disallowance of certain other taxes, see section 164(c).
26 U.S.C. § 275
EDITORIAL NOTES
REFERENCES IN TEXTThe Federal Insurance Contributions Act, referred to in subsec. (a)(1)(A), is act ch. 736, §§3101Aug. 16, 1954, 3102Aug. 16, 1954, 3111Aug. 16, 1954, 3112Aug. 16, 1954, 3121Aug. 16, 1954 to 3128Aug. 16, 1954, 68AAug. 16, 1954 415, which is classified generally to chapter 21 (§3101 et seq.) of this title. For complete classification of this Act to the Code, see section 3128 of this title and Tables.
CODIFICATION Pub. L. 95-600, §701(t)(3)(B) (effective Oct. 4, 1976, see Pub. L. 95-600, §701(t)(5), set out as an Effective Date of 1978 Amendment note under section 859 of this title) repealed §1605(b)(1) of Pub. L. 94-455 cited as a credit to this section, which had duplicated the amendment to subsec. (a)(6) made by §1307(d)(2)(A) of Pub. L. 94-455.
AMENDMENTS2022-Subsec. (a)(6). Pub. L. 117-169, §11003(b), inserted "50A," after "46". Pub. L. 117-169, §10201(b), inserted "37," before "41".2014-Subsec. (a). Pub. L. 113-295 struck out "Paragraph (1) shall not apply to the tax imposed by section 59A." at end of concluding provisions. 2007-Subsec. (a)(4). Pub. L. 110-172 substituted "if the taxpayer chooses to take to any extent the benefits of section 901." for "if-"(A) the taxpayer chooses to take to any extent the benefits of section 901, or"(B) such taxes are paid or accrued with respect to foreign trade income (within the meaning of section 923(b)) of a FSC,."2004-Subsec. (a). Pub. L. 108-357, §101(b)(5)(B), struck out at end of concluding provisions "A rule similar to the rule of section 943(d) shall apply for purposes of paragraph (4)(C)."Subsec. (a)(4). Pub. L. 108-357, §101(b)(5)(A), inserted "or" at end of subpar. (A), substituted period for "or" at end of subpar. (B), and struck out subpar. (C) which read as follows: "such taxes are paid or accrued with respect to qualifying foreign trade income (as defined in section 941)."Subsec. (a)(6). Pub. L. 108-357, §802(b)(1), inserted "45," before "46,". 2000-Subsec. (a). Pub. L. 106-519, §4(2)(B), inserted at end "A rule similar to the rule of section 943(d) shall apply for purposes of paragraph (4)(C)." Subsec. (a)(4)(C). Pub. L. 106-519, §4(2)(A), added subpar. (C). 1987-Subsec. (a)(6). Pub. L. 100-203 substituted "46, and 54" for "and 46". 1986-Subsec. (a). Pub. L. 99-499 inserted at end "Paragraph (1) shall not apply to the tax imposed by section 59A." 1984-Subsec. (a)(4). Pub. L. 98-369, §801(d)(5), inserted provision disallowing a deduction for income, war profits, and excess profits taxes if such taxes are paid or accrued with respect to foreign trade income, within the meaning of section 923(b), of a FSC.Subsec. (a)(6). Pub. L. 98-369, §67(b)(2), inserted reference to chapter 46. 1983-Subsec. (a). Pub. L. 98-21 inserted at end "Paragraph (1) shall not apply to any taxes to the extent such taxes are allowable as a deduction under section 164(f)." Subsec. (a)(1). Pub. L. 98-67 repealed amendments made by Pub. L. 97-248. See 1982 Amendment note below. 1982-Subsec. (a)(1). Pub. L. 97-248 provided that, applicable to payments of interest, dividends, and patronage dividends paid or credited after June 30, 1983, par. (1) is amended by striking out "and" at end of subpar. (B), by substituting "; and" for the period at end of subpar. (C), and by inserting subpar. (D) relating to the tax withheld at source on interest, dividends, and patronage dividends under section 3451. Section 102(a), (b) of Pub. L. 98-67, title I, Aug. 5, 1983, 97 Stat. 369, repealed subtitle A (§§301-308) of title III of Pub. L. 97-248 as of the close of June 30, 1983, and provided that the Internal Revenue Code of 1954 [now 1986] [this title] shall be applied and administered (subject to certain exceptions) as if such subtitle A (and the amendments made by such subtitle A) had not been enacted.1976-Subsec. (a)(1)(C). Pub. L. 94-455, §1901(a)(39), struck out ", and corresponding provisions of prior revenue laws" after "under section 3402".Subsec. (a)(6). Pub. L. 94-455, §§1307(d)(2)(A), 1605, inserted reference to chapters 41 and 44.1974-Subsec. (a)(6). Pub. L. 93-406 added par. (6).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2022 AMENDMENT Amendment by section 10201(b) of Pub. L. 117-169 applicable to repurchases (within the meaning of section 4501(c) of this title) of stock after Dec. 31, 2022, see section 10201(d) of Pub. L. 117-169 set out as an Effective Date note under section 4501 of this title. Amendment by section 11003(b) of Pub. L. 117-169 applicable to sales after Aug. 16, 2022, see section 11003(d) of Pub. L. 117-169 set out as an Effective Date note under section 5000D of this title.
EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113-295 effective Dec. 19, 2014, subject to a savings provision, see section 221(b) of Pub. L. 113-295 set out as a note under section 1 of this title.
EFFECTIVE DATE OF 2004 AMENDMENT Amendment by section 101(b)(5) of Pub. L. 108-357 applicable to transactions after Dec. 31, 2004, see section 101(c) of Pub. L. 108-357 set out as a note under section 56 of this title.Amendment by section 802(b)(1) of Pub. L. 108-357 effective Mar. 4, 2003, see section 802(d) of Pub. L. 108-357 set out as an Effective Date note under section 4985 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106-519 applicable to transactions after Sept. 30, 2000, with special rules relating to existing foreign sales corporations, see section 5 of Pub. L. 106-519 set out as a note under section 56 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-203 applicable to consideration received after Dec. 22, 1987, in taxable years ending after such date, except not applicable in the case of any acquisition pursuant to a written binding contract in effect on Dec. 15, 1987, and at all times thereafter before the acquisition, see section 10228(d) of Pub. L. 100-203 set out as an Effective Date note under section 5881 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-499 applicable to taxable years beginning after Dec. 31, 1986, see section 516(c) of Pub. L. 99-499 set out as a note under section 26 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 67(b)(2) of Pub. L. 98-369 applicable to payments under agreements entered into or renewed after June 14, 1984, in taxable years ending after such date, with contracts entered into before June 15, 1984, which are amended after June 14, 1984, in any significant relevant aspect to be treated as a contract entered into after June 14, 1984, see section 67(e) of Pub. L. 98-369 set out as an Effective Date note under section 280G of this title.Amendment by section 801(d)(5) of Pub. L. 98-369 applicable to transactions after Dec. 31, 1984, in taxable years ending after such date, see section 805(a)(1) of Pub. L. 98-369 as amended, set out as a note under section 245 of this title.
EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98-21 applicable to taxable years beginning after Dec. 31, 1989, see section 124(d)(2) of Pub. L. 98-21 set out as a note under section 1401 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT For effective date of amendment by section 1307(d)(2)(A) of Pub. L. 94-455 see section 1307(e) of Pub. L. 94-455 set out as a note under section 501 of this title.For effective date of amendment by section 1605(b)(1) of Pub. L. 94-455 see section 1608(d) of Pub. L. 94-455 set out as a note under section 856 of this title.Amendment by section 1901(a)(39) of Pub. L. 94-455 effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94-455 set out as a note under section 2 of this title.
EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-406 applicable, except as otherwise provided in section 1017(c) through (i) of Pub. L. 93-406 for plan years beginning after Sept. 2, 1974, but, in the case of plans in existence on Jan. 1, 1974, amendment by Pub. L. 93-406 applicable for plan years beginning after Dec. 31, 1975, see section 1017 of Pub. L. 93-406 set out as a note under section 410 of this title.
EFFECTIVE DATESection applicable to taxable years beginning after Dec. 31, 1963, see section 207(c) of Pub. L. 88-272 set out as an Effective Date of 1964 Amendment note under section 164 of this title.
- stock
- The term "stock" includes shares in an association, joint-stock company, or insurance company.
- taxpayer
- The term "taxpayer" means any person subject to any internal revenue tax.