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Title 26 — Internal Revenue Code

Part IV · Chapter 1 — Normal Taxes and Surtaxes

§ 561. Definition of deduction for dividends paid

Statutory text

(a)

General rule

The deduction for dividends paid shall be the sum of—

(1)

the dividends paid during the taxable year,

(2)

the consent dividends for the taxable year (determined under section 565), and

(3)

in the case of a personal holding company, the dividend carryover described in section 564.

(b)

Special rules applicable

In determining the deduction for dividends paid, the rules provided in section 562 (relating to rules applicable in determining dividends eligible for dividends paid deduction) and section 563 (relating to dividends paid after the close of the taxable year) shall be applicable.

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. 198 · 68A Stat. 198

    Enacted · 26 U.S.C. § 561

    Aug. 16, 1954, ch. 736, 68A Stat. 198

    Source evidence

    Code source credit
    Aug. 16, 1954, ch. 736, 68A Stat. 198

  2. Pub. L. 87–403 § 3(f) · 76 Stat. 4

    1. Amended · 26 U.S.C. § 561(b)

      Pub. L. 87–403 designated existing provisions as par. (1)

    2. Added · 26 U.S.C. § 561(b)

      Pub. L. 87–403 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 87–403 designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (f) Subsection (b) of section 561 of the Internal Revenue Code of 68A Stat. 198. 26 USC 561. 1954 (relating to deduction for dividends paid) is amended to read as follows: “(b) Special Rules Applicable.— “(1) In determining the deduction for dividends paid, the rules 26 USC 562. provided in section 562 (relating to rules applicable in determining dividends eligible for dividends paid deduction) and section 563 (relating to dividends paid after the close of the taxable year) shall be applicable. “(2) Ir a corporation received antitrust stock (as defined in Ante, p. 5. 26 USC 301. section 301(f) in a distribution to which section 301 applied and such corporation distributes such stock (or other property the basis of which is determined by reference to the basis of such stock) to its shareholders, proper adjustment shall be made, under regulations prescribed by the Secretary or his delegate, to the amount of the deduction provided for in subsection (a).”

  3. Pub. L. 94–455 title XIX § 1901(b)(32)(H) · 90 Stat. 1520

    1. Redesignated · 26 U.S.C. § 561(b)

      Pub. L. 94–455 redesignated existing provisions of par. (1) as subsec. (b)

    2. Struck · 26 U.S.C. § 561(b)

      Pub. L. 94–455 struck out par. (2) relating to special adjustment on disposition of antitrust stock as a dividend

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–455 redesignated existing provisions of par. (1) as subsec. (b) and struck out par. (2) relating to special adjustment on disposition of antitrust stock as a dividend.

    Enacted provision · exact public law section
    (H) Section 561(b) is amended to read as follows: “(b) Special Rules Applicable.— In determining the deduction for dividends paid, the rules provided in section 562 (relating to rules applicable in determining dividends eligible for dividends paid deduction) and section 563 (relating to dividends paid after the close of the taxable year) shall be applicable.”

    Effective date note
    Amendment by Pub. L. 94–455 applicable with respect to 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.

4 of 5 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1962–1976 · 2 rounds

1976

Subsec. (b). Pub. L. 94–455 redesignated existing provisions of par. (1) as subsec. (b) and struck out par. (2) relating to special adjustment on disposition of antitrust stock as a dividend.

1962

Subsec. (b). Pub. L. 87–403 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–455 applicable with respect to taxable years beginning after , see section 1901(d) of Pub. L. 94–455, set out as a note under section 2 of this title.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–403 applicable only with respect to distributions made after , see section 3(g) of Pub. L. 87–403, set out as a note under section 312 of this title.

Credits

1954–1976 · 3 acts
  1. 1954Aug. 16, 1954, ch. 736, 68A Stat. 198
  2. 1962Pub. L. 87–403, § 3(f), , 76 Stat. 8
  3. 1976Pub. L. 94–455, title XIX, § 1901(b)(32)(H), , 90 Stat. 1800.
Show as published

(Aug. 16, 1954, ch. 736, 68A Stat. 198; Pub. L. 87–403, § 3(f), , 76 Stat. 8; Pub. L. 94–455, title XIX, § 1901(b)(32)(H), , 90 Stat. 1800.)

Parsed from the official OLRC USLM XML in data/usc_all/usc26.xml · release point 119-108 · OLRC build 2026-09-16

USLM identifier /us/usc/t26/s561