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Title 26 — Internal Revenue Code

Part I · Chapter 1 — Normal Taxes and Surtaxes

§ 531. Imposition of accumulated earnings tax

Statutory text

In addition to other taxes imposed by this chapter, there is hereby imposed for each taxable year on the accumulated taxable income (as defined in section 535) of each corporation described in section 532, an accumulated earnings tax equal to 20 percent of the accumulated taxable income.

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.

  1. Aug. 16, 1954, ch. 736, 68A Stat. 179 · 68A Stat. 179

    Enacted · 26 U.S.C. § 531

    Aug. 16, 1954, ch. 736, 68A Stat. 179

    Source evidence

    Code source credit
    Aug. 16, 1954, ch. 736, 68A Stat. 179

  2. Technical and Miscellaneous Revenue Act of 1988

    Pub. L. 100–647 title I § 1001(a)(2)(A) · 102 Stat. 3342

    Amended · 26 U.S.C. § 531

    Pub. L. 100–647 amended section generally. Prior to amendment, section read as follows: “In addition to other taxes imposed by this chapter, there is hereby imposed for each taxable year on the accumulated taxable income (as defined in section 535) of every corporation described in section 532, an accumulated earnings tax equal to the sum of—

    Source evidence

    Code amendment note
    Pub. L. 100–647 amended section generally. Prior to amendment, section read as follows: “In addition to other taxes imposed by this chapter, there is hereby imposed for each taxable year on the accumulated taxable income (as defined in section 535) of every corporation described in section 532, an accumulated earnings tax equal to the sum of—

    “(1) 27½ percent of the accumulated taxable income not in excess of $100,000, plus “(2) 38½ percent of the accumulated taxable income in excess of $100,000.”

    Enacted provision · exact public law section
    (A) Section 531 of the 1986 Code is amended to read as follows: “SEC. 531. IMPOSITION OF ACCUMULATED EARNINGS TAX. “In addition to other taxes imposed by this chapter, there is hereby imposed for each taxable year on the accumulated taxable income (as defined in section 535) of each corporation described in section 532, an accumulated earnings tax equal to 28 percent of the accumulated taxable income.”

  3. Revenue Reconciliation Act of 1993

    Pub. L. 103–66 § 13202(b) · 107 Stat. 312

    Substituted · 26 U.S.C. § 531

    Pub. L. 103–66, § 13202(b), substituted “39.6 percent” for “36 percent”

    Source evidence

    Code amendment note
    Pub. L. 103–66, § 13202(b), substituted “39.6 percent” for “36 percent”.

    Enacted provision · exact public law section
    (b) Technical Amendment.— Sections 531 and 541 (as amended by section 13201) are each amended by striking “36 percent” and inserting “39.6 percent”.

  4. Revenue Reconciliation Act of 1993

    Pub. L. 103–66 § 13201(b)(1) · 107 Stat. 312

    Substituted · 26 U.S.C. § 531

    Pub. L. 103–66, § 13201(b)(1), substituted “36 percent” for “28 percent”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–66, § 13201(b)(1), substituted “36 percent” for “28 percent”.

    Enacted provision · exact public law section
    (1) Section 531 is amended by striking “28 percent” and 26 USC 531. inserting “36 percent”.

  5. Pub. L. 107–16 title I § 101(c)(4) · 115 Stat. 38

    Substituted · 26 U.S.C. § 531

    Pub. L. 107–16 substituted “equal to the product of the highest rate of tax under section 1(c) and the accumulated taxable income.” for “equal to 39.6 percent of the accumulated taxable income.”

    Source evidence

    Code amendment note
    Pub. L. 107–16 substituted “equal to the product of the highest rate of tax under section 1(c) and the accumulated taxable income.” for “equal to 39.6 percent of the accumulated taxable income.”

    Enacted provision · exact public law section
    (4) Section 531 is amended by striking “equal to” and all that follows and inserting “equal to the product of the highest rate of tax under section 1(c) and the accumulated taxable income.”.

  6. Pub. L. 108–27 title III § 302(e)(5) · 117 Stat. 752

    Substituted · 26 U.S.C. § 531

    Pub. L. 108–27 substituted “equal to 15 percent of the accumulated taxable income.” for “equal to the product of the highest rate of tax under section 1(c) and the accumulated taxable income.”

    Source evidence

    Code amendment note
    Pub. L. 108–27 substituted “equal to 15 percent of the accumulated taxable income.” for “equal to the product of the highest rate of tax under section 1(c) and the accumulated taxable income.”

    Enacted provision · exact public law section
    (5) Section 531 is amended by striking “equal to” and all that follows and inserting “equal to 15 percent of the accumulated taxable income.”.

  7. American Taxpayer Relief Act of 2012

    Pub. L. 112–240 title I § 102(c)(1)(A) · 126 Stat. 2313

    Substituted · 26 U.S.C. § 531

    Pub. L. 112–240 substituted “20 percent” for “15 percent”

    Source evidence

    Code amendment note
    Pub. L. 112–240 substituted “20 percent” for “15 percent”.

    Enacted provision · exact public law section
    (A) Section 531.

    Effective date note
    Amendment by Pub. L. 112–240 applicable to taxable years beginning after Dec. 31, 2012, see section 102(d)(1) of Pub. L. 112–240, set out as a note under section 1 of this title.

6 of 7 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1988–2013 · 5 rounds

2013

Pub. L. 112–240 substituted “20 percent” for “15 percent”.

2003

Pub. L. 108–27 substituted “equal to 15 percent of the accumulated taxable income.” for “equal to the product of the highest rate of tax under section 1(c) and the accumulated taxable income.”

2001

Pub. L. 107–16 substituted “equal to the product of the highest rate of tax under section 1(c) and the accumulated taxable income.” for “equal to 39.6 percent of the accumulated taxable income.”

1993

Pub. L. 103–66, § 13202(b), substituted “39.6 percent” for “36 percent”.

Pub. L. 103–66, § 13201(b)(1), substituted “36 percent” for “28 percent”.

1988

Pub. L. 100–647 amended section generally. Prior to amendment, section read as follows: “In addition to other taxes imposed by this chapter, there is hereby imposed for each taxable year on the accumulated taxable income (as defined in section 535) of every corporation described in section 532, an accumulated earnings tax equal to the sum of—

“(1) 27½ percent of the accumulated taxable income not in excess of $100,000, plus

“(2) 38½ percent of the accumulated taxable income in excess of $100,000.”

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Amendment by Pub. L. 112–240 applicable to taxable years beginning after , see section 102(d)(1) of Pub. L. 112–240, set out as a note under section 1 of this title.

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–27 applicable, except as otherwise provided, to taxable years beginning after , see section 302(f) of Pub. L. 108–27, set out as an Effective and Termination Dates of 2003 Amendment note under section 1 of this title.

Effective Date of 2001 Amendment

Amendment by Pub. L. 107–16 applicable to taxable years beginning after , see section 101(d)(1) of Pub. L. 107–16, set out as an Effective and Termination Dates of 2001 Amendment note under section 1 of this title.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–66 applicable to taxable years beginning after , see sections 13201(c) and 13202(c) of Pub. L. 103–66, set out as notes under section 1 of this title.

Effective Date of 1988 Amendment

Pub. L. 100–647, title I, § 1001(a)(2)(B), , 102 Stat. 3349, provided that: “The amendment made by subparagraph (A) [amending this section] shall apply to taxable years beginning after . Such amendment shall not be treated as a change in a rate of tax for purposes of section 15 of the 1986 Code.”

Credits

1954–2013 · 6 acts
  1. 1954Aug. 16, 1954, ch. 736, 68A Stat. 179
  2. 1988Pub. L. 100–647, title I, § 1001(a)(2)(A), , 102 Stat. 3349
  3. 1993Pub. L. 103–66, title XIII, §§ 13201(b)(1), 13202(b), , 107 Stat. 459, 461
  4. 2001Pub. L. 107–16, title I, § 101(c)(4), , 115 Stat. 43
  5. 2003Pub. L. 108–27, title III, § 302(e)(5), , 117 Stat. 764
  6. 2013Pub. L. 112–240, title I, § 102(c)(1)(A), , 126 Stat. 2319.
Show as published

(Aug. 16, 1954, ch. 736, 68A Stat. 179; Pub. L. 100–647, title I, § 1001(a)(2)(A), , 102 Stat. 3349; Pub. L. 103–66, title XIII, §§ 13201(b)(1), 13202(b), , 107 Stat. 459, 461; Pub. L. 107–16, title I, § 101(c)(4), , 115 Stat. 43; Pub. L. 108–27, title III, § 302(e)(5), , 117 Stat. 764; Pub. L. 112–240, title I, § 102(c)(1)(A), , 126 Stat. 2319.)

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