C.F.R. » Title 26 » CHAPTER I—INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY › SUBCHAPTER A—INCOME TAX › PART 1—INCOME TAXES

26 C.F.R. § 1.1502-1

Definitions

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For purposes of the consolidated return regulations (and any provision of this chapter that refers to the consolidated return regulations):

(a) Group. The term group means an affiliated group of corporations as defined in section 1504. See § 1.1502-75(d) as to when a group remains in existence. Except as the context otherwise requires, references to a group are references to a consolidated group (as defined in paragraph (h) of this section).

(b) Member. The term member means a corporation (including the common parent) that is included in the group, or as the context may require, a corporation that is included in a subgroup.

(c) Subsidiary. The term subsidiary means a corporation other than the common parent which is a member of such group.

(d) Consolidated return year. The term consolidated return year means a taxable year for which a consolidated return is filed or required to be filed by such group.

(e) Separate return year. The term separate return year means a taxable year of a corporation for which it files a separate return or for which it joins in the filing of a consolidated return by another group.

(f) Separate return limitation year—(1) In general. Except as provided in paragraphs (f)(2) and (3) of this section, the term separate return limitation year (or SRLY) means any separate return year of a member or of a predecessor of a member.

(2) Exceptions. The term separate return limitation year (or SRLY) does not include:

(i) A separate return year of the corporation which is the common parent for the consolidated return year to which the tax attribute is to be carried (except as provided in § 1.1502-75(d)(2)(ii) and paragraph (f)(3) of this section);

(ii) A separate return year of any corporation which was a member of the group for each day of such year; or

(iii) A separate return year of a predecessor of any member if such predecessor was a member of the group for each day of such year.

(3) Reverse acquisitions. In the event of an acquisition to which § 1.1502-75(d)(3) applies, all taxable years of the first corporation and of each of its subsidiaries ending on or before the date of the acquisition are treated as separate return limitation years, and the separate return years (if any) of the second corporation and each of its subsidiaries are not treated as separate return limitation years (unless they were so treated immediately before the acquisition). For example, if corporation P merges into corporation T, and the persons who were stockholders of P immediately before the merger, as a result of owning the stock of P, own more than 50 percent of the fair market value of the outstanding stock of T, then a loss incurred before the merger by T (even though it is the common parent), or by a subsidiary of T, is treated as having been incurred in a separate return limitation year. Conversely, a loss incurred before the merger by P, or by a subsidiary of P in a separate return year during all of which such subsidiary was a member of the group of which P was the common parent, is treated as having been incurred in a year which is not a separate return limitation year.

(4) Predecessor and successors. The term predecessor means a transferor or distributor of assets to a member (the successor) in a transaction—

(i) To which section 381(a) applies; or

(ii) That occurs on or after January 1, 1997, in which the successor's basis for the assets is determined, directly or indirectly, in whole or in part, by reference to the basis of the assets of the transferor or distributor, but in the case of a transaction that occurs before June 25, 1999, only if the amount by which basis differs from value, in the aggregate, is material. For a transaction that occurs before June 25, 1999, only one member may be considered a predecessor to or a successor of one other member.

(g) Consolidated return regulations. The term consolidated return regulations means the regulations issued under the authority of section 1502.

(h) Consolidated group. The term “consolidated group” means a group filing (or required to file) consolidated returns for the tax year.

(i) [Reserved]

(j) Affiliated. Corporations are affiliated if they are members of a group with each other.

(k) Nonlife insurance company. The term nonlife insurance company means a member that is an insurance company other than a life insurance company, each as defined in section 816(a).

(l) U.S. territory. The term U.S. territory means—

(1) American Samoa;

(2) The Commonwealth of the Northern Mariana Islands;

(3) The Commonwealth of Puerto Rico;

(4) Guam; and

(5) The U.S. Virgin Islands.

(m) Applicability date. Paragraph (k) of this section applies to taxable years beginning after December 31, 2020. However, a taxpayer may choose to apply paragraph (k) of this section to taxable years beginning on or before December 31, 2020.

[T.D. 6894, 31 FR 11794, Sept. 8, 1966, as amended by T.D. 7246, 38 FR 758, Jan. 4, 1973; T.D. 8294, 55 FR 9434, Mar. 14, 1990; T.D. 8319, 55 FR 49038, Nov. 26, 1990; T.D. 8560, 59 FR 41675, Aug. 15, 1994; T.D. 8677, 61 FR 33325, June 27, 1996; T.D. 8823, 64 FR 36101, July 2, 1999; T.D. 9927, 85 FR 67974, Oct. 27, 2020; T.D. 10018, 89 FR 106852, Dec. 30, 2024]
Notes of Decisions
Cited in 14 cases, 1961–2016 · leading case: Wolter Constr. Co. v. Comm'r, 68 T.C. 39 (Tax Ct. 1977).
Sort: Relevance Newest Treatment
Wolter Constr. Co. v. Comm'r, 68 T.C. 39 (Tax Ct. 1977). · cites it 14× “The latter section limits the net operating loss carryovers from separate return limitation years of a member of the group to the portion of consolidated taxable income of the group attributable to that member. 2 Unless an exception contained in section 1.”
State Farm Mut. Auto. Ins. Co. v. Comm'r, 130 T.C. 263 (Tax Ct. 2008). · cites it 6× “* * * Further, although the life-nonlife provisions in section 1.”
Textron Inc. v. Comm'r, 115 T.C. 104 (Tax Ct. 2000). · cites it 4× “302 had AVCO and Paul Revere not been members of the same consolidated group is immaterial.”
Landy Towel & Linen Serv., Inc. v. Comm'r, 38 T.C. 296 (Tax Ct. 1962). · cites it 4× “The privilege of filing a consolidated return is conditioned upon all members of the affiliated group consenting to the consolidated return regulations.”
Henry C. Beck Builders, Inc. v. Comm'r, 41 T.C. 616 (Tax Ct. 1964). · cites it 2× “Nevertheless, such distortion has been accepted by both the Government and those affiliated groups choosing to file consolidated returns ( sec.”
Hughes Int'l Sales Corp. v. Comm'r, 100 T.C. 293 (Tax Ct. 1993). · cites it 2× “As a result, a DISC is permitted to use a taxable year different from that of its parent and other group members.”
S. Pac. Co. v. Comm'r, 84 T.C. 375 (Tax Ct. 1985). · cites it 2× “1502-1(g)(1), Income Tax Regs. Similarly, the version of the built-in deduction provisions that was adopted as part of the revised regulations in 1966 was also made effective as to subsidiaries acquired on or after Oct.”
Com. Shearing & Stamping Co. v. Comm'r, 36 T.C. 433 (Tax Ct. 1961). · cites it 2× “The Secretary * * * shall prescribe such regulations as he may deem necessary in order that the tax liability of any affiliated group of corporations making a consolidated return and of each corporation in the group * * * may be returned, determined, computed, assessed,…”
Rodriguez v. Fed. Deposit Ins. (In re United W. Bancorp, Inc.), 558 B.R. 409 (Bankr.D. Colo. 2016). “§ 1504 (a) (defining “affiliated group”); see also 26 C.F.R. § 1.1502-1 (a) (defining “group”).”
Jim Burch & Assocs., Inc. v. Comm'r, 76 T.C. 202 (Tax Ct. 1981). · cites it 2× “12, 1980, this case was reassigned from Judge Herbert L. Chabot to Judge Sheldon V.”
Golden West Fin. Corp. v. Florida Dep't of Revenue, 975 So. 2d 567 (Fla. 1st DCA 2008). “See 26 C.F.R. §§ 1.1502-1 , 1.1502-21(c). It is *571 likewise undisputed that appellants are prohibited from doing so on their consolidated Florida income tax return by the Florida SRLY rule (Fla.”
Luna Indus., Inc. (formerly Luna Elec. Co.) v. Comm'r, 43 T.C.M. 963 (Tax Ct. 1982). · cites it 4× “4 *592 The term "separate return year" is defined by the regulations to mean "a taxable year of a corporation for which it files a separate return or for which it joins in the filing of a consolidated return by another group." Section 1.1502-1(e), Income Tax Regs.”
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