26 U.S.C. § 111 — Recovery of tax benefit items
submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 371 words · no verdicts yet
This tax law says that recovering money you deducted in a past year usually isn't taxed again, if it didn't lower your taxes back then. Similarly, a tax credit you got is later added back to your tax bill if a price adjustment reduces the amount the credit was based on. Special rules apply to carryovers and to certain company-level taxes.
(a) Deductions: if you deducted an amount in a past tax year and later "recover" that same amount, you don't have to count it as income now — but only for the part of it that didn't actually lower your taxes back then.
(b) Credits: (1) in general, if you got a tax credit for an amount in an earlier year, and this year there's a downward price adjustment (or similar adjustment) affecting that amount, your tax this year goes up by the amount of the credit tied to that adjustment; (2) exception where credit didn't reduce tax — this add-back doesn't apply to the extent the original credit didn't actually reduce your taxes; (3) exception for investment tax credit and foreign tax credit — this subsection doesn't apply to the investment credit under section 46 or to the foreign tax credit.
(c) Treatment of carryovers: if recovering the amount, or the adjustment, increases a carryover that hasn't expired yet, that increase counts as reducing your tax for this purpose.
(d) Special rules for accumulated earnings tax and personal holding company tax: when applying subsection (a) to figure the accumulated earnings tax (section 531) or the personal holding company tax (section 541): (1) an amount excluded under (a) for other purposes of this subtitle is still excluded here, whether or not it actually reduced the section 531 or 541 tax in the earlier year; and (2) if an amount wasn't deductible for other purposes in the earlier year but was deductible under section 531 or 541, then it can still be excluded now — but only if it didn't actually reduce the section 531 or 541 tax back then.
Gross income does not include income attributable to the recovery during the taxable year* of any amount deducted in any prior taxable year to the extent such amount did not reduce the amount of tax imposed by this chapter.
If—
a credit was allowable with respect to any amount for any prior taxable year, and
during the taxable year there is a downward price adjustment or similar adjustment,
the tax imposed by this chapter for the taxable year shall be increased by the amount of the credit attributable to the adjustment.
Paragraph (1) shall not apply to the extent that the credit allowable for the recovered amount did not reduce the amount of tax imposed by this chapter.
This subsection shall not apply with respect to the credit determined under section 46 and the foreign tax credit.
For purposes of this section, an increase in a carryover which has not expired before the beginning of the taxable year in which the recovery or adjustment takes place shall be treated as reducing tax imposed by this chapter.
In applying subsection (a) for the purpose of determining the accumulated earnings tax under section 531 or the tax under section 541 (relating to personal holding companies)—
any excluded amount under subsection (a) allowed for the purposes of this subtitle (other than section 531 or section 541) shall be allowed whether or not such amount resulted in a reduction of the tax under section 531 or the tax under section 541 for the prior taxable year; and
where any excluded amount under subsection (a) was not allowable as a deduction for the prior taxable year for purposes of this subtitle other than of section 531 or section 541 but was allowable for the same taxable year under section 531 or section 541, then such excluded amount shall be allowable if it did not result in a reduction of the tax under section 531 or the tax under section 541.
Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 33; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 96–589, § 2(c), Dec. 24, 1980, 94 Stat. 3396; Pub. L. 98–369, div. A, title I, § 171(a), July 18, 1984, 98 Stat. 698; Pub. L. 99–514, title XVIII, § 1812(a)(1), (2), Oct. 22, 1986, 100 Stat. 2833.)
- 1954Enacted · Act of Aug. 16, 1954, ch. 736
- 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
- 1980Amended · Pub. L. 96-589 · 94 Stat. 3396
- 1984Amended · Pub. L. 98-369 · 98 Stat. 698
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2833
A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.
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