U.S. Code » Title 26 » Subtitle Subtitle A— Income Taxes › Chapter CHAPTER 1— NORMAL TAXES AND SURTAXES › Subchapter Subchapter A— Determination of Tax Liability › Part PART II— TAX ON CORPORATIONS

26 U.S.C. § 12

Cross references relating to tax on corporations

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(1) For tax on the unrelated business income of certain charitable and other corporations exempt from tax under this chapter, see section 511.(2) For accumulated earnings tax and personal holding company tax, see parts I and II of subchapter G (sec. 531 and following).(3) For doubling of tax on corporations of certain foreign countries, see section 891.(4) For rate of withholding in case of foreign corporations, see section 1442.(5) For alternative minimum tax, see section 55.(Aug. 16, 1954, ch. 736, 68A Stat. 11; Pub. L. 88–272, title II, § 234(b)(4), Feb. 26, 1964, 78 Stat. 115; Pub. L. 91–172, title III, § 301(b)(3), Dec. 30, 1969, 83 Stat. 585; Pub. L. 94–12, title III, § 303(c)(2), Mar. 29, 1975, 89 Stat. 44; Pub. L. 95–600, title III, § 301(b)(1), Nov. 6, 1978, 92 Stat. 2820; Pub. L. 98–369, div. A, title IV, § 474(r)(29)(E), July 18, 1984, 98 Stat. 844; Pub. L. 99–514, title VII, § 701(e)(4)(B), Oct. 22, 1986, 100 Stat. 2343; Pub. L. 115–97, title I, §§ 12001(b)(12), 13001(b)(2)(B), Dec. 22, 2017, 131 Stat. 2094, 2096; Pub. L. 117–169, title I, § 10101(a)(4)(D), Aug. 16, 2022, 136 Stat. 1822.)Editorial NotesAmendments

2022—Par. (5). Pub. L. 117–169 added par. (5).

2017—Pars. (4) to (6). Pub. L. 115–97, § 13001(b)(2)(B), redesignated par. (5) as (4) and struck out former pars. (4) and (6) which read as follows:

“(4) For alternative tax in case of capital gains, see section 1201(a).

“(6) For limitation on benefits of graduated rate schedule provided in section 11(b), see section 1551.”

Par. (7). Pub. L. 115–97, § 12001(b)(12), struck out par. (7) which read as follows: “For alternative minimum tax, see section 55.”

1986—Par. (7). Pub. L. 99–514 amended par. (7) generally, substituting “alternative minimum tax” and “55” for “minimum tax for tax preferences” and “56”, respectively.

1984—Pars. (6) to (8). Pub. L. 98–369 redesignated pars. (7) and (8) as (6) and (7), respectively. Former par. (6), which referred to section 1451 for withholding of tax on tax-free covenant bonds, was struck out.

1978—Par. (7). Pub. L. 95–600 substituted “benefits of graduated rate schedule provided in section 11(b)” for “the $25,000 exemption from surtax provided in section 11(c)”.

1975—Par. (7). Pub. L. 94–12 substituted “$50,000” for “$25,000” for a limited period. See Effective and Termination Dates of 1975 Amendment note set out below.

1969—Par. (8). Pub. L. 91–172 added par. (8).

1964—Par. (8). Pub. L. 88–272 struck out par. (8) which referred to section 1503 for additional tax for corporations filing consolidated returns.

Statutory Notes and Related SubsidiariesEffective Date of 2022 Amendment

Amendment by Pub. L. 117–169 applicable to taxable years beginning after Dec. 31, 2022, see section 10101(f) of Pub. L. 117–169, set out as a note under section 11 of this title.

Effective Date of 2017 Amendment

Amendment by section 12001(b)(12) of Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 12001(c) of Pub. L. 115–97, set out as a note under section 11 of this title.

Amendment by section 13001(b)(2)(B) of Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 13001(c)(1) of Pub. L. 115–97, set out as a note under section 11 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions and qualifications, see section 701(f) of Pub. L. 99–514, set out as an Effective Date note under section 55 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–369 not applicable with respect to obligations issued before Jan. 1, 1984, see section 475(b) of Pub. L. 98–369, set out as a note under section 33 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–600 applicable to taxable years beginning after Dec. 31, 1978, see section 301(c) of Pub. L. 95–600, set out as a note under section 11 of this title.

Effective and Termination Dates of 1975 Amendment

Amendment by Pub. L. 94–12 applicable to taxable years ending after Dec. 31, 1974, but to cease to apply for taxable years ending after Dec. 31, 1975, see section 305(b)(1) of Pub. L. 94–12, set out as a note under section 11 of this title.

Effective Date of 1969 Amendment

Amendment by Pub. L. 91–172 applicable to taxable years ending after Dec. 31, 1969, see section 301(c) of Pub. L. 91–172, set out as a note under section 5 of this title.

Effective Date of 1964 Amendment

Amendment by Pub. L. 88–272 applicable to taxable years beginning after Dec. 31, 1963, see section 234(c) of Pub. L. 88–272, set out as a note under section 1503 of this title.

Applicability of Certain Amendments by Public Law 99–514 in Relation to Treaty Obligations of United States

For applicability of amendment by Pub. L. 99–514 notwithstanding any treaty obligation of the United States in effect on Oct. 22, 1986, see section 1012(aa)(2) of Pub. L. 100–647, set out as a note under section 861 of this title.

Notes of Decisions
Cited in 13 cases, 1934–2016 · leading case: United States v. Detroit Med. Ctr., 833 F.3d 671 (6th Cir. 2016).
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United States v. Detroit Med. Ctr., 833 F.3d 671 (6th Cir. 2016). “In § l(h)(ll)(B)(ii)(I), which addresses income tax, there is a carve-out for dividends taxed as net capital gain: “any dividend from a corporation which for the taxable year of the corporation in which the distribution is made, or the preceding taxable year, is a corporation…”
Weiss v. McFadden, 148 S.W.3d 248 (Ark. 2004). “Application of 26 U.S.C.§ 12 Next, the DF&A argues that the trial court erred in refusing to apply § 72 of the Internal Revenue Service Code, codified at 26 U.”
Cobb v. Comm'r of Internal Revenue, 173 F.2d 711 (6th Cir. 1949). “, 2d session, 26 U.S.C.A. §§ 12 (d), 51(b). Ours is not a legislative function.”
Hofferbert v. Marshall Et Ux, 200 F.2d 648 (4th Cir. 1952). “We think that such splitting was clearly permitted by section 26 U.S.C. § 12 (d) which provides: “Tax in case of joint return.”
United States v. Rexach, 185 F. Supp. 465 (D.P.R. 1960). “§ 11 , which states: “There shall be levied, collected, and paid for each taxable year upon the net income of every individual a normal tax of 4 per centum of the amount of the net income in excess of the credits against net income provided in section 25”, and Section 12(b), 26…”
Merrill v. United States, 105 F. Supp. 379 (Ct. Cl. 1952). “Section 12(g) of the Internal Revenue Code, 26 U.S.C.A. § 12 (g), as constituted for the years in question, contained an effective tax rate limitation of 90 percent of the net income of the taxpayer, applicable to taxes imposed by sections 11 and 12.”
Maragon v. United States, 153 F. Supp. 365 (Ct. Cl. 1957). “Plaintiff is entitled to recover $189.45, with interest as provided by law from March 15, 1952.”
John E. McClure & Helen M. McClure v. The United States of Am., 228 F.2d 322 (4th Cir. 1955). “” 26 U.S.C. § 12 (d) provides: “Tax in case of joint return.”
Palomas Land & Cattle Co. v. Comm'r, 91 F.2d 100 (9th Cir. 1937). “796 ( 26 U.S.C.A. § 12 note), provides: "There shall be levied, collected, and paid for each taxable year upon the net income of every individual a surtax.”
Pleasants v. United States, 22 F. Supp. 964 (Ct. Cl. 1938). “” 26 U.S.C.A. § 12 note. “§ 21. Net income.”
United States v. Arthur B. Koontz & Mazie W. Koontz, His Wife, 223 F.2d 250 (4th Cir. 1955). “: Do the provisions of the Revenue Act of 1948, 26 U.S.C.A. §§ 12 (d), 51(b), 107(a), permitting the splitting of income in a return by husband and wife apply to an item of long term income earned by the husband over a period of years? We are satisfied that the answer given to…”
McClure v. United States, 131 F. Supp. 313 (D. Maryland 1955). · cites it 2× “Under the income splitting provisions of the Revenue Act of 1948, 26 U.S.C.A. §§ 12 (d) and 51(b), and the long term compensation provisions of the Internal Revenue Code of 1939, sec.”
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