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26 U.S.C. § 455Prepaid subscription income

submitted 68 years ago by Pub. L. 85-866 to r/title-26-INTERNAL-REVENUE-CODE · 716 words · no verdicts yet

in plain englishAI-generated · not legal advice

Publishers can spread out tax on money paid in advance for subscriptions. This applies over the years they still owe magazines or newspapers. If they choose this method, they must make a special election with the IRS.

(a) Year in which included: Prepaid subscription income covered by this section is included in gross income across the tax years during which the liability described in (d)(2) exists. (b) Where the taxpayer's liability ends: For prepaid subscription income covered by this section — (1) If the liability described in (d)(2) ends, then any of that income not already included in gross income for earlier years must be included in gross income for the year the liability ends. (2) If the taxpayer dies or stops existing, then any of that income not already included must be included in gross income for the year that death, or cessation of existence, happens. (c) Prepaid subscription income this section covers: (1) Election of benefits: This section applies to prepaid subscription income only if the taxpayer elects it, for the specific trade or business the income relates to, in the manner regulations prescribe. No election may be made for a trade or business that already uses the cash-receipts-and-disbursements accounting method. (2) Scope of the election: Once made, an election covers all prepaid subscription income received in connection with that trade or business — except the taxpayer may, as regulations permit, include in gross income for the year of receipt the entire amount of any prepaid subscription income whose related liability will end within 12 months of receipt. An election does not apply to prepaid subscription income received before the first tax year the election is made for. (3) When the election may be made: (A) With consent — the taxpayer may make this election at any time, with the Secretary's consent. (B) Without consent — the taxpayer may make it, without consent, for the first tax year they receive prepaid subscription income in the trade or business, but must do so by the due date for filing that year's return, including extensions. (4) Period the election applies to: The election is effective for the tax year it's first made for, and for every year after, unless the taxpayer gets the Secretary's consent to revoke it. For tax purposes, using this election counts as a method of accounting. (d) Definitions — for this section: (1) "Prepaid subscription income" means any amount, includible in gross income, received in connection with, and directly attributable to, a liability extending beyond the close of the tax year received, that is income from a subscription to a newspaper, magazine, or other periodical. (2) "Liability" means the duty to furnish or deliver a newspaper, magazine, or other periodical. (3) "Receipt of prepaid subscription income" is treated as happening in the tax year it would be includible in gross income under section 451, ignoring this section. (e) Deferral of income under established accounting procedures: Despite this section, a taxpayer who, for tax years before this section first applied to them, reported income under an established and consistent method or practice of accounting for prepaid subscription income (that this section would apply to if elected) may keep reporting income that way for later tax years.
the actual law source: uscode.house.gov ↗public domain
(a) Year in which included

Prepaid subscription income to which this section applies shall be included in gross income for the taxable years during which the liability described in subsection (d)(2) exists.

(b) Where taxpayer’s liability ceases

In the case of any prepaid subscription income to which this section applies—

(1)

If the liability described in subsection (d)(2) ends, then so much of such income as was not includible in gross income under subsection (a) for preceding taxable years shall be included in gross income for the taxable year in which the liability ends.

(2)

If the taxpayer dies or ceases to exist, then so much of such income as was not includible in gross income under subsection (a) for preceding taxable years shall be included in gross income for the taxable year in which such death, or such cessation of existence, occurs.

(c) Prepaid subscription income to which this section applies
(1) Election of benefits

This section shall apply to prepaid subscription income if and only if the taxpayer makes an election under this section with respect to the trade or business in connection with which such income is received. The election shall be made in such manner as the Secretary may by regulations prescribe. No election may be made with respect to a trade or business if in computing taxable income the cash receipts and disbursements method of accounting is used with respect to such trade or business.

(2) Scope of election

An election made under this section shall apply to all prepaid subscription income received in connection with the trade or business with respect to which the taxpayer has made the election; except that the taxpayer may, to the extent permitted under regulations prescribed by the Secretary, include in gross income for the taxable year of receipt the entire amount of any prepaid subscription income if the liability from which it arose is to end within 12 months after the date of receipt. An election made under this section shall not apply to any prepaid subscription income received before the first taxable year for which the election is made.

(3) When election may be made
(A) With consent

A taxpayer may, with the consent of the Secretary, make an election under this section at any time.

(B) Without consent

A taxpayer may, without the consent of the Secretary, make an election under this section for his first taxable year in which he receives prepaid subscription income in the trade or business. Such election shall be made not later than the time prescribed by law for filing the return for the taxable year (including extensions thereof) with respect to which such election is made.

(4) Period to which election applies

An election under this section shall be effective for the taxable year with respect to which it is first made and for all subsequent taxable years, unless the taxpayer secures the consent of the Secretary to the revocation of such election. For purposes of this title, the computation of taxable income under an election made under this section shall be treated as a method of accounting.

(d) Definitions

For purposes of this section—

(1) Prepaid subscription income

The term “prepaid subscription income” means any amount (includible in gross income) which is received in connection with, and is directly attributable to, a liability which extends beyond the close of the taxable year in which such amount is received, and which is income from a subscription to a newspaper, magazine, or other periodical.

(2) Liability

The term “liability” means a liability to furnish or deliver a newspaper, magazine, or other periodical.

(3) Receipt of prepaid subscription income

Prepaid subscription income shall be treated as received during the taxable year for which it is includible in gross income under section 451 (without regard to this section).

(e) Deferral of income under established accounting procedures

Notwithstanding the provisions of this section, any taxpayer who has, for taxable years prior to the first taxable year to which this section applies, reported his income under an established and consistent method or practice of accounting for prepaid subscription income (to which this section would apply if an election were made) may continue to report his income for taxable years to which this title applies in accordance with such method or practice.

Source credit: (Added Pub. L. 85–866, title I, § 28(a), Sept. 2, 1958, 72 Stat. 1625; amended Pub. L. 94–455, title XIX, §§ 1901(a)(67), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1775, 1834.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-866 · 72 Stat. 1625
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1775, 1834

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-866 on 1958-09-02.

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