Title 26 — Internal Revenue Code
Part I · Chapter 1 — Normal Taxes and Surtaxes
§ 441. Period for computation of taxable income
Statutory text
Computation of taxable income
Taxable income shall be computed on the basis of the taxpayer’s taxable year.
Taxable year
For purposes of this subtitle, the term “taxable year” means—
the taxpayer’s annual accounting period, if it is a calendar year or a fiscal year;
the calendar year, if subsection (g) applies;
the period for which the return is made, if a return is made for a period of less than 12 months; or
in the case of a DISC filing a return for a period of at least 12 months, the period determined under subsection (h).
Annual accounting period
For purposes of this subtitle, the term “annual accounting period” means the annual period on the basis of which the taxpayer regularly computes his income in keeping his books.
Calendar year
For purposes of this subtitle, the term “calendar year” means a period of 12 months ending on December 31.
Fiscal year
For purposes of this subtitle, the term “fiscal year” means a period of 12 months ending on the last day of any month other than December. In the case of any taxpayer who has made the election provided by subsection (f) the term means the annual period (varying from 52 to 53 weeks) so elected.
Election of year consisting of 52–53 weeks
General rule
A taxpayer who, in keeping his books, regularly computes his income on the basis of an annual period which varies from 52 to 53 weeks and ends always on the same day of the week and ends always—
on whatever date such same day of the week last occurs in a calendar month, or
on whatever date such same day of the week falls which is nearest to the last day of a calendar month,
may (in accordance with the regulations prescribed under paragraph (3)) elect to compute his taxable income for purposes of this subtitle on the basis of such annual period. This paragraph shall apply to taxable years ending after the date of the enactment of this title.
Special rules for 52–53-week year
Effective dates
In any case in which the effective date or the applicability of any provision of this title is expressed in terms of taxable years beginning, including, or ending with reference to a specified date which is the first or last day of a month, a taxable year described in paragraph (1) shall (except for purposes of the computation under section 15) be treated—
as beginning with the first day of the calendar month beginning nearest to the first day of such taxable year, or
as ending with the last day of the calendar month ending nearest to the last day of such taxable year,
as the case may be.
Change in accounting period
In the case of a change from or to a taxable year described in paragraph (1)—
if such change results in a short period (within the meaning of section 443) of 359 days or more, or of less than 7 days, section 443(b) (relating to alternative tax computation) shall not apply;
if such change results in a short period of less than 7 days, such short period shall, for purposes of this subtitle, be added to and deemed a part of the following taxable year; and
if such change results in a short period to which subsection (b) of section 443 applies, the taxable income for such short period shall be placed on an annual basis for purposes of such subsection by multiplying the gross income for such short period (minus the deductions allowed by this chapter for the short period, but only the adjusted amount of the deductions for personal exemptions as described in section 443(c)) by 365, by dividing the result by the number of days in the short period, and the tax shall be the same part of the tax computed on the annual basis as the number of days in the short period is of 365 days.
Special rule for partnerships, S corporations, and personal service corporations
The Secretary may by regulation provide terms and conditions for the application of this subsection to a partnership, S corporation, or personal service corporation (within the meaning of section 441(i)(2)).
Regulations
The Secretary shall prescribe such regulations as he deems necessary for the application of this subsection.
No books kept; no accounting period
Except as provided in section 443 (relating to returns for periods of less than 12 months), the taxpayer’s taxable year shall be the calendar year if—
the taxpayer keeps no books;
the taxpayer does not have an annual accounting period; or
the taxpayer has an annual accounting period, but such period does not qualify as a fiscal year.
Taxable year of DISC’s
In general
For purposes of this subtitle, the taxable year of any DISC shall be the taxable year of that shareholder (or group of shareholders with the same 12-month taxable year) who has the highest percentage of voting power.
Special rule where more than one shareholder (or group) has highest percentage
If 2 or more shareholders (or groups) have the highest percentage of voting power under paragraph (1), the taxable year of the DISC shall be the same 12-month period as that of any such shareholder (or group).
Subsequent changes of ownership
The Secretary shall prescribe regulations under which paragraphs (1) and (2) shall apply to a change of ownership of a corporation after the taxable year of the corporation has been determined under paragraph (1) or (2) only if such change is a substantial change of ownership.
Voting power determined
For purposes of this subsection, voting power shall be determined on the basis of total combined voting power of all classes of stock of the corporation entitled to vote.
Taxable year of personal service corporations
In general
For purposes of this subtitle, the taxable year of any personal service corporation shall be the calendar year unless the corporation establishes, to the satisfaction of the Secretary, a business purpose for having a different period for its taxable year. For purposes of this paragraph, any deferral of income to shareholders shall not be treated as a business purpose.
Personal service corporation
For purposes of this subsection, the term “personal service corporation” has the meaning given such term by section 269A(b)(1), except that section 269A(b)(2) shall be applied—
by substituting “any” for “more than 10 percent”, and
by substituting “any” for “50 percent or more in value” in section 318(a)(2)(C).
A corporation shall not be treated as a personal service corporation unless more than 10 percent of the stock (by value) in such corporation is held by employee-owners (within the meaning of section 269A(b)(2), as modified by the preceding sentence). If a corporation is a member of an affiliated group filing a consolidated return, all members of such group shall be taken into account in determining whether such corporation is a personal service corporation.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 16, 1954, ch. 736, 68A Stat. 148 · 68A Stat. 148
Enacted · 26 U.S.C. § 441
Aug. 16, 1954, ch. 736, 68A Stat. 148
Source evidence
Code source credit
Aug. 16, 1954, ch. 736, 68A Stat. 148Revenue Act of 1964
Pub. L. 88–272 title II § 235(c)(3) · 78 Stat. 19
Inserted · 26 U.S.C. § 441(f)(2)(A)
Pub. L. 88–272 inserted “, including,” before “or ending with reference to”
Source evidence
Code amendment note
Subsec. (f)(2)(A). Pub. L. 88–272 inserted “, including,” before “or ending with reference to”.Enacted provision · exact public law section
(3) Special rule for 32–53-week year.— Section 441 (f)(2) (A) (relating to effective date with respect to special rules for 68A Stat. 149. 26 USC 441. 52–53-week year) is amended by striking out “In any case in which the effective date or the applicability of any provision of this title is expressed in terms of taxable years beginning or ending with reference to a specified date” and inserting in lieu thereof “In any case in which the effective date or the applicability of any provision of this title is expressed in terms of taxable years beginning, including, or ending with reference to a specified date”.Pub. L. 94–455 title XIX § 1906(b)(13)(A) · 90 Stat. 1520
Struck · 26 U.S.C. § 441(f)(3)
Pub. L. 94–455 struck out “or his delegate” after “Secretary”
Source evidence
Code amendment note
Subsec. (f)(3). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.Enacted provision · exact public law section
(A) The Internal Revenue Code of 1954, as amended by this Act, is amended by striking out “Secretary or his delegate” each place it appears and inserting in lieu thereof “Secretary”.Tax Reduction and Simplification Act of 1977
Pub. L. 95–30 title I § 102(b)(5) · 91 Stat. 126
Substituted · 26 U.S.C. § 441(f)(2)(B)(iii)
Pub. L. 95–30 substituted “multiplying the gross income for such short period (minus the deductions allowed by this chapter for the short period, but only the adjusted amount of the deductions for personal exemptions as described in section 443(c)) by 365, by dividing the result by the number of days in the short period, and by adding the zero bracket amount” for “multiplying such income by 365 and dividing the result by the number of days in the short period”
Source evidence
Code amendment note
Subsec. (f)(2)(B)(iii). Pub. L. 95–30 substituted “multiplying the gross income for such short period (minus the deductions allowed by this chapter for the short period, but only the adjusted amount of the deductions for personal exemptions as described in section 443(c)) by 365, by dividing the result by the number of days in the short period, and by adding the zero bracket amount” for “multiplying such income by 365 and dividing the result by the number of days in the short period”.Enacted provision · exact public law section
(5) Clause (iii) of section 441(f)(2)(B) (relating to change 26 USC 441. in accounting period) is amended to read as follows: “(iii) if such change results in c. short period to which subsection (b) of section 443 applies, the taxable income Infra. for such short period shall be placed on an annual basis for purposes of such subsection by multiplying the gross income for such short period (minus the deductions allowed by this chapter for the short period, but only the adjusted amount of the deductions for personal exemptions as described in section 443(c)) by 365, by dividing the result by the number of days in the short period, and by adding the zero bracket amount, and the tax shall be the same part of the tax computed on the annual basis as the number of days in the short period is of 365 days.”Tax Reform Act of 1984
Pub. L. 98–369 § 803(a) · 98 Stat. 494
Added · 26 U.S.C. § 441(b)(4)
Pub. L. 98–369, § 803(a), added par. (4)
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 98–369, § 803(a), added par. (4).Enacted provision · exact public law section
(a) In General.— Subsection (b) of section 441 (relating to period for computation of taxable income) is amended— (1) by striking out “or” at the end of paragraph (2), (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof or”, and (3) by adding at the end thereof the following new paragraph: “(4) in the case of a FSC or DISC filing a return for a period of at least 12 months, the period determined under subsection (h).”.Tax Reform Act of 1984
Pub. L. 98–369 § 474(b)(2) · 98 Stat. 494
Substituted · 26 U.S.C. § 441(f)(2)(A)
Pub. L. 98–369, § 474(b)(2), substituted “section 15” for “section 21” in provisions preceding cl. (i)
Source evidence
Code amendment note
Subsec. (f)(2)(A). Pub. L. 98–369, § 474(b)(2), substituted “section 15” for “section 21” in provisions preceding cl. (i).Enacted provision · exact public law section
(2) Conforming amendments.— Sections 441(f)(2)(A) and 6013(c) are each amended by striking out “21” and inserting in lieu thereof “15”.Tax Reform Act of 1984
Pub. L. 98–369 § 803(b) · 98 Stat. 494
Added · 26 U.S.C. § 441(h)
Pub. L. 98–369, § 803(b), added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 98–369, § 803(b), added subsec. (h).Enacted provision · exact public law section
(b) Determination of Taxable Year.— Section 441 is amended by adding at the end thereof the following new subsection: “(h) Taxable Year of FSC’s and DISC’S.— “(1) In general.— For purposes of this subtitle, the taxable year of any FSC or DISC snail be the taxable year of that shareholder (or group of shareholders with the same 12-month taxable year) who has the highest percentage of voting power. “(2) Special rule where more than one shareholder (or group) has highest percentage.— If 2 or more shareholders (or groups) have the highest percentage of voting power under paragraph (1), the taxable year of the FSC or DISC shall be the same 12-month period as that of any such shareholder (or group). “(3) Subsequent changes of ownership.— The Secretary shall prescribe regulations under which paragraphs (1) and (2) shall apply to a change of ownership of a corporation after the taxable year of the corporation has been determined under paragraph (1) or (2) only if such change is a substantial change of ownership. “(4) Voting power determined.— For purposes of this subsection, voting power shall be determined on the basis of total combined voting power of all classes of stock of the corporation entitled to vote.Tax Reform Act of 1986
Pub. L. 99–514 § 104(b)(6) · 100 Stat. 2085
Struck · 26 U.S.C. § 441(f)(2)(B)(iii)
Pub. L. 99–514, § 104(b)(6), struck out “and by adding the zero bracket amount,” after “in the short period,”
Source evidence
Code amendment note
Subsec. (f)(2)(B)(iii). Pub. L. 99–514, § 104(b)(6), struck out “and by adding the zero bracket amount,” after “in the short period,”.Enacted provision · exact public law section
(6) Section 441.— Clause (iii) of section 441(f)(2)(B) (relating to change in accounting period) is amended by striking out “and by adding the zero bracket amount,”.Effective date note
Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.Tax Reform Act of 1986
Pub. L. 99–514 § 806(d) · 100 Stat. 2085
Added · 26 U.S.C. § 441(f)(3); 26 U.S.C. § 441(f)(4)
Pub. L. 99–514, § 806(d), added par. (3)
Redesignated · 26 U.S.C. § 441(f)(3); 26 U.S.C. § 441(f)(4)
Pub. L. 99–514, § 806(d), redesignated former par. (3) as (4)
Source evidence
Code amendment note
Subsec. (f)(3), (4). Pub. L. 99–514, § 806(d), added par. (3) and redesignated former par. (3) as (4).Enacted provision · exact public law section
(d) Coordination With 52–53 Week Period.— Section 441(f) (relating to election of year consisting of 52–53 weeks) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: “(3) Special rule for partnerships, s corporations, and personal service corporations.— The Secretary may by regulation provide terms and conditions for the application of this subsection to a partnership, S corporation, or personal service corporation (within the meaning of section 441(i)(2)).”Effective date note
Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.Tax Reform Act of 1986
Pub. L. 99–514 § 806(c)(1) · 100 Stat. 2085
Added · 26 U.S.C. § 441(i)
Pub. L. 99–514, § 806(c)(1), added subsec. (i)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 99–514, § 806(c)(1), added subsec. (i).Enacted provision · exact public law section
(C) with respect to any partner or shareholder of an S corporation which is required to include the items from more than 1 taxable year of the partnership or S corporation in any 1 taxable year, income in excess of expenses of such partnership or corporation for the short taxable year required by such amendments shall be taken into account ratably in each of the first 4 taxable years (including such short taxable year) beginning after December 31, 1986, unless such partner or shareholder elects to include all such income in the short taxable year.Effective date note
Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.Technical and Miscellaneous Revenue Act of 1988
Pub. L. 100–647 title I § 1008(e)(4) · 102 Stat. 3342
Inserted · 26 U.S.C. § 441(i)(2)
Pub. L. 100–647 inserted at end “A corporation shall not be treated as a personal service corporation unless more than 10 percent of the stock (by value) in such corporation is held by employee-owners (within the meaning of section 269A(b)(2), as modified by the preceding sentence). If a corporation is a member of an affiliated group filing a consolidated return, all members of such group shall be taken into account in determining whether such corporation is a personal service corporation.”
Source evidence
Code amendment note
Subsec. (i)(2). Pub. L. 100–647 inserted at end “A corporation shall not be treated as a personal service corporation unless more than 10 percent of the stock (by value) in such corporation is held by employee-owners (within the meaning of section 269A(b)(2), as modified by the preceding sentence). If a corporation is a member of an affiliated group filing a consolidated return, all members of such group shall be taken into account in determining whether such corporation is a personal service corporation.”Enacted provision · exact public law section
(4) Paragraph (2) of section 441(i) of the 1986 Code (defining personal service corporation) is amended by adding at the end thereof the following: “A corporation shall not be treated as a personal service corporation unless more than 10 percent of the stock (by value) in such corporation is held by employee-owners (within the meaning of section 269A(b)(2), as modified by the preceding sentence). If a corporation is a member of an affiliated group filing a consolidated return, all members of such group shall be taken into account in determining whether such corporation is a personal service corporation.”Effective date note
Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.Tax Technical Corrections Act of 2007
Pub. L. 110–172 § 11(g)(7)(A) · 121 Stat. 2473
Struck · 26 U.S.C. § 441(b)(4)
Pub. L. 110–172, § 11(g)(7)(A), struck out “FSC or” before “DISC filing”
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 110–172, § 11(g)(7)(A), struck out “FSC or” before “DISC filing”.Enacted provision · exact public law section
(A) Paragraph (4) of section 441(b) is amended by striking “FSC or”.Tax Technical Corrections Act of 2007
Pub. L. 110–172 § 11(g)(7)(B) · 121 Stat. 2473
Struck · 26 U.S.C. § 441(h)
Pub. L. 110–172, § 11(g)(7)(B), struck out “FSC’s and” before “DISC’s” in heading and “FSC or” before “DISC” in pars. (1) and (2)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 110–172, § 11(g)(7)(B), struck out “FSC’s and” before “DISC’s” in heading and “FSC or” before “DISC” in pars. (1) and (2).Enacted provision · exact public law section
(B) Subsection (h) of section 441 is amended— (i) by striking “FSC or” each place it appears, and (ii) by striking “FSC’s and” in the heading thereof.
13 of 14 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1964–2007 · 7 rounds
2007
Subsec. (b)(4). Pub. L. 110–172, § 11(g)(7)(A), struck out “FSC or” before “DISC filing”.
Subsec. (h). Pub. L. 110–172, § 11(g)(7)(B), struck out “FSC’s and” before “DISC’s” in heading and “FSC or” before “DISC” in pars. (1) and (2).
1988
Subsec. (i)(2). Pub. L. 100–647 inserted at end “A corporation shall not be treated as a personal service corporation unless more than 10 percent of the stock (by value) in such corporation is held by employee-owners (within the meaning of section 269A(b)(2), as modified by the preceding sentence). If a corporation is a member of an affiliated group filing a consolidated return, all members of such group shall be taken into account in determining whether such corporation is a personal service corporation.”
1986
Subsec. (f)(2)(B)(iii). Pub. L. 99–514, § 104(b)(6), struck out “and by adding the zero bracket amount,” after “in the short period,”.
Subsec. (f)(3), (4). Pub. L. 99–514, § 806(d), added par. (3) and redesignated former par. (3) as (4).
Subsec. (i). Pub. L. 99–514, § 806(c)(1), added subsec. (i).
1984
Subsec. (b)(4). Pub. L. 98–369, § 803(a), added par. (4).
Subsec. (f)(2)(A). Pub. L. 98–369, § 474(b)(2), substituted “section 15” for “section 21” in provisions preceding cl. (i).
Subsec. (h). Pub. L. 98–369, § 803(b), added subsec. (h).
1977
Subsec. (f)(2)(B)(iii). Pub. L. 95–30 substituted “multiplying the gross income for such short period (minus the deductions allowed by this chapter for the short period, but only the adjusted amount of the deductions for personal exemptions as described in section 443(c)) by 365, by dividing the result by the number of days in the short period, and by adding the zero bracket amount” for “multiplying such income by 365 and dividing the result by the number of days in the short period”.
1976
Subsec. (f)(3). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.
1964
Subsec. (f)(2)(A). Pub. L. 88–272 inserted “, including,” before “or ending with reference to”.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.
Effective Date of 1986 Amendment
Amendment by section 104(b)(6) of Pub. L. 99–514 applicable to taxable years beginning after , see section 151(a) of Pub. L. 99–514, set out as a note under section 1 of this title.
Amendment by section 806(c)(1), (d) of Pub. L. 99–514 applicable to taxable years beginning after , with special provisions applicable to taxpayers who are required to change their accounting periods, see section 806(e) of Pub. L. 99–514, set out as a note under section 1378 of this title.
Effective Date of 1984 Amendment
Amendment by section 474(b)(2) of Pub. L. 98–369 applicable to taxable years beginning after , and to carrybacks from such years, see section 475(a) of Pub. L. 98–369, set out as a note under section 21 of this title.
Amendment by section 803 of Pub. L. 98–369 applicable to taxable years beginning after , see section 805(a)(4) of Pub. L. 98–369, as amended, set out as a note under section 245 of this title.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95–30 applicable to taxable years beginning after , see section 106(a) of Pub. L. 95–30, set out as a note under section 1 of this title.
Effective Date of 1964 Amendment
Amendment by Pub. L. 88–272 applicable to taxable years ending after , see section 235(d) of Pub. L. 88–272, set out as a note under section 269 of this title.
Construction of Section 806 of Pub. L. 99–514
Nothing in section 806 of Pub. L. 99–514 or in any legislative history relating thereto to be construed as requiring the Secretary of the Treasury or his delegate to permit an automatic change of a taxable year, see section 1008(e)(9) of Pub. L. 100–647, set out as a note under section 1378 of this title.
Credits
1954–2007 · 8 acts
- 1954Aug. 16, 1954, ch. 736, 68A Stat. 148
- 1964Pub. L. 88–272, title II, § 235(c)(3), , 78 Stat. 127
- 1976Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834
- 1977Pub. L. 95–30, title I, § 102(b)(5), , 91 Stat. 137
- 1984Pub. L. 98–369, div. A, title IV, § 474(b)(2), title VIII, § 803, , 98 Stat. 830, 1000
- 1986Pub. L. 99–514, title I, § 104(b)(6), title VIII, § 806(c)(1), (d), , 100 Stat. 2105, 2364
- 1988Pub. L. 100–647, title I, § 1008(e)(4), , 102 Stat. 3440
- 2007Pub. L. 110–172, § 11(g)(7), , 121 Stat. 2490.
Show as published
(Aug. 16, 1954, ch. 736, 68A Stat. 148; Pub. L. 88–272, title II, § 235(c)(3), , 78 Stat. 127; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834; Pub. L. 95–30, title I, § 102(b)(5), , 91 Stat. 137; Pub. L. 98–369, div. A, title IV, § 474(b)(2), title VIII, § 803, , 98 Stat. 830, 1000; Pub. L. 99–514, title I, § 104(b)(6), title VIII, § 806(c)(1), (d), , 100 Stat. 2105, 2364; Pub. L. 100–647, title I, § 1008(e)(4), , 102 Stat. 3440; Pub. L. 110–172, § 11(g)(7), , 121 Stat. 2490.)