26 U.S.C. § 481

Adjustments required by changes in method of accounting

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 26 CasesGoogle Scholar

(a) General ruleIn computing the taxpayer’s taxable income for any taxable year (referred to in this section as the “year of the change”)—(1) if such computation is under a method of accounting different from the method under which the taxpayer’s taxable income for the preceding taxable year was computed, then(2) there shall be taken into account those adjustments which are determined to be necessary solely by reason of the change in order to prevent amounts from being duplicated or omitted, except there shall not be taken into account any adjustment in respect of any taxable year to which this section does not apply unless the adjustment is attributable to a change in the method of accounting initiated by the taxpayer.(b) Limitation on tax where adjustments are substantial(1) Three year allocationIf—(A) the method of accounting from which the change is made was used by the taxpayer in computing his taxable income for the 2 taxable years preceding the year of the change, and(B) the increase in taxable income for the year of the change which results solely by reason of the adjustments required by subsection (a)(2) exceeds $3,000,then the tax under this chapter attributable to such increase in taxable income shall not be greater than the aggregate increase in the taxes under this chapter (or under the corresponding provisions of prior revenue laws) which would result if one-third of such increase in taxable income were included in taxable income for the year of the change and one-third of such increase were included for each of the 2 preceding taxable years.(2) Allocation under new method of accountingIf—(A) the increase in taxable income for the year of the change which results solely by reason of the adjustments required by subsection (a)(2) exceeds $3,000, and(B) the taxpayer establishes his taxable income (under the new method of accounting) for one or more taxable years consecutively preceding the taxable year of the change for which the taxpayer in computing taxable income used the method of accounting from which the change is made,then the tax under this chapter attributable to such increase in taxable income shall not be greater than the net increase in the taxes under this chapter (or under the corresponding provisions of prior revenue laws) which would result if the adjustments required by subsection (a)(2) were allocated to the taxable year or years specified in subparagraph (B) to which they are properly allocable under the new method of accounting and the balance of the adjustments required by subsection (a)(2) was allocated to the taxable year of the change.(3) Special rules for computations under paragraphs (1) and (2)For purposes of this subsection—(A) There shall be taken into account the increase or decrease in tax for any taxable year preceding the year of the change to which no adjustment is allocated under paragraph (1) or (2) but which is affected by a net operating loss (as defined in section 172) or by a capital loss carryback or carryover (as defined in section 1212), determined with reference to taxable years with respect to which adjustments under paragraph (1) or (2) are allocated.(B) The increase or decrease in the tax for any taxable year for which an assessment of any deficiency, or a credit or refund of any overpayment, is prevented by any law or rule of law, shall be determined by reference to the tax previously determined (within the meaning of section 1314(a)) for such year.(c) Adjustments under regulations

In the case of any change described in subsection (a), the taxpayer may, in such manner and subject to such conditions as the Secretary may by regulations prescribe, take the adjustments required by subsection (a)(2) into account in computing the tax imposed by this chapter for the taxable year or years permitted under such regulations.

(d) Adjustments attributable to conversion from S corporation to C corporation(1) In general

In the case of an eligible terminated S corporation, any adjustment required by subsection (a)(2) which is attributable to such corporation’s revocation described in paragraph (2)(A)(ii) shall be taken into account ratably during the 6-taxable year period beginning with the year of change.

(2) Eligible terminated S corporationFor purposes of this subsection, the term “eligible terminated S corporation” means any C corporation—(A) which—(i) was an S corporation on the day before the date of the enactment of the Tax Cuts and Jobs Act, and(ii) during the 2-year period beginning on the date of such enactment makes a revocation of its election under section 1362(a), and(B) the owners of the stock of which, determined on the date such revocation is made, are the same owners (and in identical proportions) as on the date of such enactment.(Aug. 16, 1954, ch. 736, 68A Stat. 160; Pub. L. 85–866, title I, § 29(a), (b), Sept. 2, 1958, 72 Stat. 1626–1628; Pub. L. 91–172, title V, § 512(f)(4), Dec. 30, 1969, 83 Stat. 641; Pub. L. 94–455, title XIX, §§ 1901(a)(70), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1776, 1834; Pub. L. 96–471, § 2(b)(3), Oct. 19, 1980, 94 Stat. 2254; Pub. L. 113–295, div. A, title II, § 221(a)(61), Dec. 19, 2014, 128 Stat. 4048; Pub. L. 115–97, title I, § 13543(a), Dec. 22, 2017, 131 Stat. 2155.)Editorial NotesReferences in Text

The date of the enactment of the Tax Cuts and Jobs Act and the date of such enactment, referred to in subsec. (d)(2), probably mean the date of enactment of title I of Pub. L. 115–97, which was approved Dec. 22, 2017. Prior versions of the bill that was enacted into law as Pub. L. 115–97 included such Short Title, but it was not enacted as part of title I of Pub. L. 115–97.

Amendments

2017—Subsec. (d). Pub. L. 115–97 added subsec. (d).

2014—Subsec. (b)(3)(C). Pub. L. 113–295 struck out subpar. (C) which read as follows: “In applying section 7807(b)(1), the provisions of chapter 1 (other than subchapter E, relating to self-employment income) and chapter 2 of the Internal Revenue Code of 1939 shall be treated as the corresponding provisions of the Internal Revenue Code of 1939.”

1980—Subsec. (d). Pub. L. 96–471 struck out subsec. (d) which provided that this section was not to apply to a change to which section 453 of this title, relating to change to installment method, applied.

1976—Subsecs. (b)(1), (2). Pub. L. 94–455, § 1901(a)(70)(B), struck out “, other than the amount of such adjustments to which paragraph (4) or (5) applies,” after “required by subsection (a)(2)”.

Subsec. (b)(4), (5), (6). Pub. L. 94–455, § 1901(a)(70)(A), struck out par. (4) which related to special rule for pre-1954 general adjustments, par. (5) which related to special rule for pre-1954 adjustments in case of certain decedents, and par. (6) which related to the application of the special rule for pre-1954 general adjustments.

Subsec. (c). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.

1969—Subsec. (b)(3)(A). Pub. L. 91–172 substituted “loss carryback or carryover” for “loss carryover”.

1958—Subsec. (a)(2). Pub. L. 85–866, § 29(a)(1), inserted “unless the adjustment is attributable to a change in the method of accounting initiated by the taxpayer”, after “does not apply”.

Subsec. (b)(1). Pub. L. 85–866, § 29(b)(1)–(3), inserted “, other than the amount of such adjustments to which paragraph (4) or (5) applies,” after “subsection (a)(2)” and substituted “the aggregate increase in the taxes” for “the aggregate of the taxes” and “which would result if one-third of such increase in taxable income” for “which would result if one-third of such increase”.

Subsec. (b)(2). Pub. L. 85–866, § 29(b)(1), (4), inserted “other than the amount of such adjustments to which paragraph (4) or (5) applies,” after “subsection (a)(2)”, wherever appearing and “(or under the corresponding provisions of prior revenue laws)” after “the net increase in the taxes under this Chapter”.

Subsec. (b)(3)(A). Pub. L. 85–866, § 29(b)(5), substituted “paragraph (1) or (2)” for “paragraph (2)”, wherever appearing.

Subsec. (b)(4) to (6). Pub. L. 85–866, § 29(a)(2), added pars. (4) to (6).

Statutory Notes and Related SubsidiariesEffective 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 1980 Amendment

For effective date of amendment by Pub. L. 96–471, see section 6(a)(1) of Pub. L. 96–471, set out as an Effective Date note under section 453 of this title.

Effective Date of 1976 Amendment

Amendment by section 1901(a)(70) 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 1969 Amendment

Amendment by Pub. L. 91–172 applicable with respect to net capital losses sustained in taxable years beginning after Dec. 31, 1969, see section 512(g) of Pub. L. 91–172, set out as a note under section 1212 of this title.

Effective Date of 1958 Amendment

Pub. L. 85–866, title I, § 29(d), Sept. 2, 1958, 72 Stat. 1629, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:“(1)In general.—The amendments made by this section [amending this section and section 381 of this title] shall apply with respect to any change in a method of accounting where the year of the change (within the meaning of section 481 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]) is a taxable year beginning after December 31, 1953, and ending after August 16, 1954.“(2)Exception for certain agreements.—The amendments made by subsections (a), (b)(I), and (c) [amending this section and section 381 of this title] shall not apply if before the date of the enactment of this Act [Sept. 2, 1958]—“(A) the taxpayer applied for a change in the method of accounting in the manner provided by regulations prescribed by the Secretary of the Treasury or his delegate, and“(B) the taxpayer and the Secretary of the Treasury or his delegate agreed to the terms and conditions for making the change.”

Changes in Treatment of Policyholder Dividends by Qualified Group Self-Insurers’ Funds

Pub. L. 101–239, title VII, § 7816(m), Dec. 19, 1989, 103 Stat. 2421, provided that: “If, for the 1st taxable year beginning on or after January 1, 1987, a qualified group self-insurers’ fund changes its treatment of policyholder dividends to take into account such dividends no earlier than the date that the State regulatory authority determines the amount of the policyholder dividend that may be paid, then such change shall be treated as a change in a method of accounting and no adjustment under section 481(a) of the Internal Revenue Code of 1986 shall be made with respect to such change in method of accounting.”

Transitional Provisions for Income Tax Treatment of Dealer Reserve Income

Pub. L. 86–459, May 13, 1960, 74 Stat. 124, authorized any person who computed taxable income under the accrual method of accounting for his most recent taxable year ending on or before June 22, 1959, and who treated dealer reserve income for such taxable year as accruable for a subsequent taxable year, to elect before Sept. 1, 1960, to have section 481 of this title apply to the treatment for income tax purposes of dealer reserve income.

Election To Return to Former Method of Accounting

Pub. L. 85–866, title I, § 29(e), Sept. 2, 1958, 72 Stat. 1629, authorized an election by certain taxpayers, who, for any taxable years beginning after Dec. 31, 1953, and ending after Aug. 16, 1954, and before Sept. 2, 1958, computed their taxable incomes using different accounting methods in succeeding taxable years, to return to their first method of accounting, where the election was made within six months after Sept. 2, 1958. Claims for refunds of overpayments of tax resulting from the election were to be filed within one year after the date of the election. Such an election was to be considered a consent to an assessment of a deficiency resulting from the election, where the assessment is made within one year after the date of the election.

Notes of Decisions

Cited in 44 cases (1 in the last 5 years), 1927–2025 · leading case: Knight-Ridder Newspapers, Inc. v. United States, 743 F.2d 781 (11th Cir. 1984).

Sort: Relevance Newest Treatment

Knight-Ridder Newspapers, Inc. v. United States, 743 F.2d 781 (11th Cir. 1984). · cites it 2× “In line with that decision, the Commissioner required Taxpayer to include in its income for those years the adjustments prescribed by section 481 of the Internal Revenue Code, 26 U.S.C. § 481 . Section 481 adjustments are designed to compensate for the duplication or omission of…”

H. F. Campbell Co. (Formerly H. F. Campbell Constr. Co.) v. Comm'r of Internal Revenue, 443 F.2d 965 (6th Cir. 1971). · cites it 4× “In the Tax Court as well as on this appeal, taxpayer contends that it did not initiate the change in its accounting system and therefore, is entitled under 26 U.S.C. § 481 (a) to a pre1954 reduction in the amount of the Commissioner’s adjustments to its 1962 income.”

Farmers & Merchants Bank v. Dir. of Revenue, 896 S.W.2d 30 (Mo. 1995). · cites it 2× “Pursuant to 26 U.S.C. § 481 , Farmers filed an adjustment to its 1990 federal corporation income tax return to reflect the accounting change.”

Suzy's Zoo (R) v. Comm'r of Internal Revenue, 273 F.3d 875 (9th Cir. 2001). “26 U.S.C. § 481 (a). We must decide whether the “year of change” under § 481(a) is the first taxable year (1994) in which Suzy’s Zoo changed its method of accounting from the preceding taxable year to conform to § 263A or, *884 as Suzy’s Zoo contends, the tax year ending June…”

Win H. Emert v. Comm'r of Internal Revenue, 249 F.3d 1130 (9th Cir. 2001). · cites it 3× “He argues that a 26 U.S.C. § 481 adjustment was improper because the IRS failed to describe § 481 as a basis for tax due in its notice of deficiency as required by 26 U.”

Sec. Benefit Life Ins. v. United States, 517 F. Supp. 740 (D. Kan. 1980). · cites it 3× “However, the parties disagree as to the amount of the adjustment and whether plaintiff may take advantage of said adjustment in a single year, 1971, or whether the adjustment must be spread over a period of years.”

Am. Cmty. Builders, Inc. v. Comm'r of Internal Revenue, 301 F.2d 7 (7th Cir. 1962). · cites it 3× “124 , 26 U.S.C.A. § 481 note. That statute, inter alia, granted (taxpayers affected by the Hansen decision a conditional right to elect “a year of the change” of their accounting method other than the year in which the dealer reserves were actually created.”

Bosamia v. Comm'r of Internal Revenue, 661 F.3d 250 (5th Cir. 2011). · cites it 2× “26 U.S.C. § 481 (a)(l)-(2). Under § 481, “if income escapes taxation because of a change in accounting method, the Commissioner may make an adjustment by including the omitted income in the year of the change.”

Oklahoma Gas & Elec. Co. v. United States, 464 F.2d 1188 (10th Cir. 1972). · cites it 4× “§§ *1190 1311-1315 are inapplicable, the Government asserts the following propositions: (1) taxpayer has changed its “method of accounting” by electing to deduct rather than capitalize these expenses in computing its taxable income; (2) this change was initiated by the taxpayer;…”

Adolph Coors Co. v. Comm'r of Internal Revenue, 519 F.2d 1280 (10th Cir. 1975). “That statute provides, inter alia, that where taxable income for any taxable year is computed under a method of accounting different from that utilized to compute taxable income for a preceding taxable year then “there shall be taken into account those adjustments which are…”

James M. Rankin Shirley Rankin v. Comm'r of Internal Revenue, 138 F.3d 1286 (9th Cir. 1998). “' To guard against this problem, 26 U.S.C. § 481 1 gives the Commissioner of Internal Revenue (“Commissioner”) the power to adjust the amount of tax due in the year a taxpayer changes his method of accounting.”

Kohler Co. v. United States, 34 Fed. Cl. 379 (Fed. Cl. 1995). · cites it 5× “The Commissioner of Internal Revenue found that Sterling’s method of accounting did not clearly reflect income and made adjustments pursuant to 26 U.S.C. § 481 (a). Plaintiff asserts that its method of accounting clearly reflected income and that the IRS could not mandate…”

Show all 44 citing cases →

— 26 U.S.C. § 481(a) — 3 cases

Troy R. Douthit & Mildred P. Douthit v. United States of Am., Cecil S. Carroll & Treba Carroll v. United States, 432 F.2d 83 (6th Cir. 1970).

Mullowney v. Hobby, 134 F. Supp. 419 (D. Neb. 1955).

Oklahoma Gas & Elec. Co. v. United States, 333 F. Supp. 1178 (W.D. Okla. 1971).

— 26 U.S.C. § 481(b) — 1 case

United States v. Transamerica Corp., a Corp., 345 F.2d 765 (9th Cir. 1965).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.