Title 26 — Internal Revenue Code
Part I · Chapter 1 — Normal Taxes and Surtaxes
§ 664. Charitable remainder trusts
Statutory text
General rule
Notwithstanding any other provision of this subchapter, the provisions of this section shall, in accordance with regulations prescribed by the Secretary, apply in the case of a charitable remainder annuity trust and a charitable remainder unitrust.
Character of distributions
Amounts distributed by a charitable remainder annuity trust or by a charitable remainder unitrust shall be considered as having the following characteristics in the hands of a beneficiary to whom is paid the annuity described in subsection (d)(1)(A) or the payment described in subsection (d)(2)(A):
First, as amounts of income (other than gains, and amounts treated as gains, from the sale or other disposition of capital assets) includible in gross income to the extent of such income of the trust for the year and such undistributed income of the trust for prior years;
Second, as a capital gain to the extent of the capital gain of the trust for the year and the undistributed capital gain of the trust for prior years;
Third, as other income to the extent of such income of the trust for the year and such undistributed income of the trust for prior years; and
Fourth, as a distribution of trust corpus.
For purposes of this section, the trust shall determine the amount of its undistributed capital gain on a cumulative net basis.
Taxation of trusts
Income tax
A charitable remainder annuity trust and a charitable remainder unitrust shall, for any taxable year, not be subject to any tax imposed by this subtitle.
Excise tax
In general
In the case of a charitable remainder annuity trust or a charitable remainder unitrust which has unrelated business taxable income (within the meaning of section 512, determined as if part III of subchapter F applied to such trust) for a taxable year, there is hereby imposed on such trust or unitrust an excise tax equal to the amount of such unrelated business taxable income.
Certain rules to apply
The tax imposed by subparagraph (A) shall be treated as imposed by chapter 42 for purposes of this title other than subchapter E of chapter 42.
Tax court proceedings
For purposes of this paragraph, the references in section 6212(c)(1) to section 4940 shall be deemed to include references to this paragraph.
Definitions
Charitable remainder annuity trust
For purposes of this section, a charitable remainder annuity trust is a trust—
from which a sum certain (which is not less than 5 percent nor more than 50 percent of the initial net fair market value of all property placed in trust) is to be paid, not less often than annually, to one or more persons (at least one of which is not an organization described in section 170(c) and, in the case of individuals, only to an individual who is living at the time of the creation of the trust) for a term of years (not in excess of 20 years) or for the life or lives of such individual or individuals,
from which no amount other than the payments described in subparagraph (A) and other than qualified gratuitous transfers described in subparagraph (C) may be paid to or for the use of any person other than an organization described in section 170(c),
following the termination of the payments described in subparagraph (A), the remainder interest in the trust is to be transferred to, or for the use of, an organization described in section 170(c) or is to be retained by the trust for such a use or, to the extent the remainder interest is in qualified employer securities (as defined in subsection (g)(4)), all or part of such securities are to be transferred to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined by subsection (g)), and
the value (determined under section 7520) of such remainder interest is at least 10 percent of the initial net fair market value of all property placed in the trust.
Charitable remainder unitrust
For purposes of this section, a charitable remainder unitrust is a trust—
from which a fixed percentage (which is not less than 5 percent nor more than 50 percent) of the net fair market value of its assets, valued annually, is to be paid, not less often than annually, to one or more persons (at least one of which is not an organization described in section 170(c) and, in the case of individuals, only to an individual who is living at the time of the creation of the trust) for a term of years (not in excess of 20 years) or for the life or lives of such individual or individuals,
from which no amount other than the payments described in subparagraph (A) and other than qualified gratuitous transfers described in subparagraph (C) may be paid to or for the use of any person other than an organization described in section 170(c),
following the termination of the payments described in subparagraph (A), the remainder interest in the trust is to be transferred to, or for the use of, an organization described in section 170(c) or is to be retained by the trust for such a use or, to the extent the remainder interest is in qualified employer securities (as defined in subsection (g)(4)), all or part of such securities are to be transferred to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined by subsection (g)), and
with respect to each contribution of property to the trust, the value (determined under section 7520) of such remainder interest in such property is at least 10 percent of the net fair market value of such property as of the date such property is contributed to the trust.
Exception
Notwithstanding the provisions of paragraphs (2)(A) and (B), the trust instrument may provide that the trustee shall pay the income beneficiary for any year—
the amount of the trust income, if such amount is less than the amount required to be distributed under paragraph (2)(A), and
any amount of the trust income which is in excess of the amount required to be distributed under paragraph (2)(A), to the extent that (by reason of subparagraph (A)) the aggregate of the amounts paid in prior years was less than the aggregate of such required amounts.
Severance of certain additional contributions
If—
any contribution is made to a trust which before the contribution is a charitable remainder unitrust, and
such contribution would (but for this paragraph) result in such trust ceasing to be a charitable unitrust by reason of paragraph (2)(D),
such contribution shall be treated as a transfer to a separate trust under regulations prescribed by the Secretary.
Valuation of interests
For purposes of determining the amount of any charitable contribution, the remainder interest of a charitable remainder annuity trust or charitable remainder unitrust shall be computed on the basis that an amount equal to 5 percent of the net fair market value of its assets (or a greater amount, if required under the terms of the trust instrument) is to be distributed each year. In the case of the early termination of a trust which is a charitable remainder unitrust by reason of subsection (d)(3), the valuation of interests in such trust for purposes of this section shall be made under rules similar to the rules of the preceding sentence.
Certain contingencies permitted
General rule
If a trust would, but for a qualified contingency, meet the requirements of paragraph (1)(A) or (2)(A) of subsection (d), such trust shall be treated as meeting such requirements.
Value determined without regard to qualified contingency
For purposes of determining the amount of any charitable contribution (or the actuarial value of any interest), a qualified contingency shall not be taken into account.
Qualified contingency
For purposes of this subsection, the term “qualified contingency” means any provision of a trust which provides that, upon the happening of a contingency, the payments described in paragraph (1)(A) or (2)(A) of subsection (d) (as the case may be) will terminate not later than such payments would otherwise terminate under the trust.
Qualified gratuitous transfer of qualified employer securities
In general
For purposes of this section, the term “qualified gratuitous transfer” means a transfer of qualified employer securities to an employee stock ownership plan (as defined in section 4975(e)(7)) but only to the extent that—
the securities transferred previously passed from a decedent dying before , to a trust described in paragraph (1) or (2) of subsection (d),
no deduction under section 404 is allowable with respect to such transfer,
such plan contains the provisions required by paragraph (3),
such plan treats such securities as being attributable to employer contributions but without regard to the limitations otherwise applicable to such contributions under section 404, and
the employer whose employees are covered by the plan described in this paragraph files with the Secretary a verified written statement consenting to the application of sections 4978 and 4979A with respect to such employer.
Exception
The term “qualified gratuitous transfer” shall not include a transfer of qualified employer securities to an employee stock ownership plan unless—
such plan was in existence on ,
at the time of the transfer, the decedent and members of the decedent’s family (within the meaning of section 2032A(e)(2)) own (directly or through the application of section 318(a)) no more than 10 percent of the value of the stock of the corporation referred to in paragraph (4), and
immediately after the transfer, such plan owns (after the application of section 318(a)(4)) at least 60 percent of the value of the outstanding stock of the corporation.
Plan requirements
A plan contains the provisions required by this paragraph if such plan provides that—
the qualified employer securities so transferred are allocated to plan participants in a manner consistent with section 401(a)(4),
plan participants are entitled to direct the plan as to the manner in which such securities which are entitled to vote and are allocated to the account of such participant are to be voted,
an independent trustee votes the securities so transferred which are not allocated to plan participants,
each participant who is entitled to a distribution from the plan has the rights described in subparagraphs (A) and (B) of section 409(h)(1),
such securities are held in a suspense account under the plan to be allocated each year, up to the applicable limitation under paragraph (7) (determined on the basis of fair market value of securities when allocated to participants), after first allocating all other annual additions for the limitation year, up to the limitation under section 415(c), and
on termination of the plan, all securities so transferred which are not allocated to plan participants as of such termination are to be transferred to, or for the use of, an organization described in section 170(c).
For purposes of the preceding sentence, the term “independent trustee” means any trustee who is not a member of the family (within the meaning of section 2032A(e)(2)) of the decedent or a 5-percent shareholder. A plan shall not fail to be treated as meeting the requirements of section 401(a) by reason of meeting the requirements of this subsection.
Qualified employer securities
For purposes of this section, the term “qualified employer securities” means employer securities (as defined in section 409(l)) which are issued by a domestic corporation—
which has no outstanding stock which is readily tradable on an established securities market, and
which has only 1 class of stock.
Treatment of securities allocated by employee stock ownership plan to persons related to decedent or 5-percent shareholders
In general
If any portion of the assets of the plan attributable to securities acquired by the plan in a qualified gratuitous transfer are allocated to the account of—
any person who is related to the decedent (within the meaning of section 267(b)) or a member of the decedent’s family (within the meaning of section 2032A(e)(2)), or
any person who, at the time of such allocation or at any time during the 1-year period ending on the date of the acquisition of qualified employer securities by the plan, is a 5-percent shareholder of the employer maintaining the plan,
the plan shall be treated as having distributed (at the time of such allocation) to such person or shareholder the amount so allocated.
5-percent shareholder
For purposes of subparagraph (A), the term “5-percent shareholder” means any person who owns (directly or through the application of section 318(a)) more than 5 percent of the outstanding stock of the corporation which issued such qualified employer securities or of any corporation which is a member of the same controlled group of corporations (within the meaning of section 409(l)(4)) as such corporation. For purposes of the preceding sentence, section 318(a) shall be applied without regard to the exception in paragraph (2)(B)(i) thereof.
Cross reference
For excise tax on allocations described in subparagraph (A), see section 4979A.
Tax on failure to transfer unallocated securities to charity on termination of plan
If the requirements of paragraph (3)(F) are not met with respect to any securities, there is hereby imposed a tax on the employer maintaining the plan in an amount equal to the sum of—
the amount of the increase in the tax which would be imposed by chapter 11 if such securities were not transferred as described in paragraph (1), and
interest on such amount at the underpayment rate under section 6621 (and compounded daily) from the due date for filing the return of the tax imposed by chapter 11.
Applicable limitation
In general
For purposes of paragraph (3)(E), the applicable limitation under this paragraph with respect to a participant is an amount equal to the lesser of—
$30,000, or
25 percent of the participant’s compensation (as defined in section 415(c)(3)).
Cost-of-living adjustment
The Secretary shall adjust annually the $30,000 amount under subparagraph (A)(i) at the same time and in the same manner as under section 415(d), except that the base period shall be the calendar quarter beginning , and any increase under this subparagraph which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000.
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.
Tax Reform Act of 1969
Pub. L. 91–172 title II § 201(e)(1) · 83 Stat. 487
Enacted · 26 U.S.C. § 664
Added Pub. L. 91–172, title II, § 201(e)(1), Dec. 30, 1969, 83 Stat. 562
Source evidence
Code source credit
Added Pub. L. 91–172, title II, § 201(e)(1), Dec. 30, 1969, 83 Stat. 562Enacted provision · exact public law section
(1) Subpart C of part I of subchapter J of chapter 1 (relating to estates and trusts which may accumulate income or which distribute corpus) is amended by adding at the end thereof the following new section: “SEC. 664. CHARITABLE REMAINDER TRUSTS. “(a) General Rule.— Notwithstanding any other provision of this subchapter, the provisions of this section shall, in accordance with regulations prescribed by the Secretary or his delegate, apply in the case of a charitable remainder annuity trust and a charitable remainder unitrust. “(b) Character of Distributions.— Amounts distributed by a charitable remainder annuity trust or by a charitable remainder unitrust shall be considered as having the following characteristics in the hands of a beneficiary to whom is paid the annuity described in subsection (d)(1)(A) or the payment described in subsection (d)(2)(A): “(1) First, as amounts of income (other than gains, and amounts treated as gains, from the sale or other disposition of capital assets) includible in gross income to the extent of such income of the trust for the year and such undistributed income of the trust for prior years; “(2) Second, as a capital gain to the extent of the capital gain of the trust for the year and the undistributed capital gain of the trust for prior years; “(3) Third, as other income to the extent of such income of the trust for the year and such undistributed income of the trust for prior years; and “(4) Fourth, as a distribution of trust corpus. For purposes of this section, the trust shall determine the amount of its undistributed capital gain on a cumulative net basis. “(c) Exemption From Income Taxes.— A charitable remainder annuity trust and a charitable remainder unitrust shall, for any taxable year, not be subject to any tax imposed by this subtitle, unless such trust, for such year, has unrelated business taxable income (within the meaning of section 512, determined as if part III of subchapter F Ante, pp. 537, 538, 492. applied to such trust). “(d) Definitions.— “(1) Charitable remainder annuity trust.— For purposes of this section, a charitable remainder annuity trust is a trust— “(A) from which a sum certain (which is not less than 5 percent of the initial net fair market value of all property placed in trust) is to be paid, not less often than annually, to one or more persons (at least one of which is not an organization described in section 170(c) and, in the case of individuals, Ante, p. 553. only to an individual who is living at the time of the creation of the trust) for a term of years (not in excess of 20 years) or for the life or lives of such individual or individuals, “(B) from which no amount other than the payments described in subparagraph (A) may be paid to or for the use of any person other than an organization described in section 170(c), and “(C) following the termination of the payments described in subparagraph (A), the remainder interest in the trust is to be transferred to, or for the use of, an organization described in section 170(c) or is to be retained by the trust for such a use. “(2) Charitable remainder unitrust.— For purposes of this section, a charitable remainder unitrust is a trust— “(A) from which a fixed percentage (which is not less than 5 percent) of the net fair market value of its assets, valued annually, is to be paid, not less often than annually, to one or more persons (at least one of which is not an organization described in section 170(c) and, in the case of individuals, only to an individual who is living at the time of the creation of the trust) for a term of years (not in excess of 20 years) or for the life or lives of such individual or individuals, “(B) from which no amount other than the payments described in subparagraph (A) may be paid to or for the use of any person other than an organization described in section 170(c), and “(C) following the termination of the payments described in subparagraph (A), the remainder interest in the trust is to be transferred to, or for the use of, an organization described in section 170(c) or is to be retained by the trust for such a use. “(3) Exception.— Notwithstanding the provisions of paragraphs (2)(A) and (B), the trust instrument may provide that the trustee shall pay the income beneficiary for any year— “(A) the amount of the trust income, if such amount is less than the amount required to be distributed under paragraph (2)(A), and “(B) any amount of the trust income which is in excess of the amount required to be distributed under paragraph (2)(A), to the extent that (by reason of subparagraph (A)) the aggregate of the amounts paid in prior years was less than the aggregate of such required amounts. “(e) Valuation for Purposes of Charitable Contribution.— For purposes of determining the amount of any charitable contribution the remainder interest of a charitable remainder annuity trust or charitable remainder unitrust shall be computed on the basis that an amount equal to 5 percent of the net fair market value of its assets (or a greater amount, if required under the terms of the trust instrument) is to be distributed each year.”Pub. L. 94–455 title XIX § 1906(b)(13)(A) · 90 Stat. 1520
Struck · 26 U.S.C. § 664(a)
Pub. L. 94–455 struck out “or his delegate” after “Secretary”
Source evidence
Code amendment note
Subsec. (a). 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 Reform Act of 1984
Pub. L. 98–369 div. A title X § 1022(d) · 98 Stat. 494
Added · 26 U.S.C. § 664(f)
Pub. L. 98–369 added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 98–369 added subsec. (f).Enacted provision · exact public law section
(d) Treatment of Certain Contingencies Under Section 664.— Section 664 (relating to charitable remainder trusts) is amended by 26 USC 664. adding at the end thereof the following subsection: “(f) Certain Contingencies Permitted.— “(1) General rule.— If a trust would, but for a qualified contingency, meet the requirements of paragraph (1)(A) or (2)(A) of subsection (d), such trust shall be treated as meeting such requirements. “(2) Value determined without regard to qualified contingency.— For purposes of determining the amount of any charitable contribution (or the actuarial value of any interest), a qualified contingency shall not be taken into account. “(3) Qualified contingency.— For purposes of this subsection, the term ‘qualified contingency’ means any provision of a trust which provides that, upon the happening of a contingency, the payments described in paragraph (1)(A) or (2)(A) of subsection (d) (as the case may be) will terminate not later than such payments would otherwise terminate under the trust.”Pub. L. 105–34 § 1089(a)(1) · 111 Stat. 788
Inserted · 26 U.S.C. § 664(d)(1)(A)
Pub. L. 105–34, § 1089(a)(1), inserted “nor more than 50 percent” after “not less than 5 percent”
Source evidence
Code amendment note
Subsec. (d)(1)(A). Pub. L. 105–34, § 1089(a)(1), inserted “nor more than 50 percent” after “not less than 5 percent”.Enacted provision · exact public law section
(1) In general.— Paragraphs (1)(A) and (2)(A) of section 664(d) (relating to charitable remainder trusts) are each amended by inserting “nor more than 50 percent” after “not less than 5 percent”.Pub. L. 105–34 § 1530(c)(5) · 111 Stat. 788
Inserted · 26 U.S.C. § 664(d)(1)(B)
Pub. L. 105–34, § 1530(c)(5), inserted “and other than qualified gratuitous transfers described in subparagraph (C)” after “subparagraph (A)”
Source evidence
Code amendment note
Subsec. (d)(1)(B). Pub. L. 105–34, § 1530(c)(5), inserted “and other than qualified gratuitous transfers described in subparagraph (C)” after “subparagraph (A)”.Enacted provision · exact public law section
(5) Subparagraph (B) of section 664(d)(1) and subparagraph (B) of section 664(d)(2) are each amended by inserting “and other than qualified gratuitous transfers described in subparagraph (C)” after “subparagraph (A)”.Pub. L. 105–34 § 1089(b)(1) · 111 Stat. 788
Struck · 26 U.S.C. § 664(d)(1)(B)
Pub. L. 105–34, § 1089(b)(1), struck out “and” at end
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 105–34, § 1089(b)(1), struck out “and” at end.Enacted provision · exact public law section
(1) Charitable remainder annuity trusts.—Paragraph (1) of section 664(d) is amended by striking “and” at the end of subparagraph (B), by striking the period at the end of subparagraph (C), and by adding at the end the following new subparagraph: “(D) the value (determined under section 7520) of such remainder interest is at least 10 percent of the initial net fair market value of all property placed in the trust.”Pub. L. 105–34 § 1530(a) · 111 Stat. 788
Struck and inserted · 26 U.S.C. § 664(d)(1)(C)
Pub. L. 105–34, § 1530(a), which directed amendment of subpar. (C) by striking period at end and inserting “or, to the extent the remainder interest is in qualified employer securities (as defined in subsection (g)(4)), all or part of such securities are to be transferred to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined by subsection (g)).”, was executed by making the insertion after “for such a use” to reflect the probable intent of Congress. Subpar. (C) did not contain a period after amendment by Pub. L. 105–34, § 1089(b)(1). See below
Source evidence
Code amendment note
Subsec. (d)(1)(C). Pub. L. 105–34, § 1530(a), which directed amendment of subpar. (C) by striking period at end and inserting “or, to the extent the remainder interest is in qualified employer securities (as defined in subsection (g)(4)), all or part of such securities are to be transferred to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined by subsection (g)).”, was executed by making the insertion after “for such a use” to reflect the probable intent of Congress. Subpar. (C) did not contain a period after amendment by Pub. L. 105–34, § 1089(b)(1). See below.Enacted provision · exact public law section
(a) In General.— Subparagraph (C) of section 664(d)(1) and subparagraph (C) of section 664(d)(2) are each amended by striking the period at the end thereof and inserting “or, to the extent the remainder interest is in qualified employer securities (as defined in subsection (g)(4)), all or part of such securities are to be transferred to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined by subsection (g)).”.Pub. L. 105–34 § 1089(b)(1) · 111 Stat. 788
Struck · 26 U.S.C. § 664(d)(1)(C)
Pub. L. 105–34, § 1089(b)(1), struck out period after “for such a use”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 105–34, § 1089(b)(1), struck out period after “for such a use”.Enacted provision · exact public law section
(1) Charitable remainder annuity trusts.—Paragraph (1) of section 664(d) is amended by striking “and” at the end of subparagraph (B), by striking the period at the end of subparagraph (C), and by adding at the end the following new subparagraph: “(D) the value (determined under section 7520) of such remainder interest is at least 10 percent of the initial net fair market value of all property placed in the trust.”Pub. L. 105–34 § 1089(b)(1) · 111 Stat. 788
Added · 26 U.S.C. § 664(d)(1)(D)
Pub. L. 105–34, § 1089(b)(1), added subpar. (D)
Source evidence
Code amendment note
Subsec. (d)(1)(D). Pub. L. 105–34, § 1089(b)(1), added subpar. (D).Enacted provision · exact public law section
(1) Charitable remainder annuity trusts.—Paragraph (1) of section 664(d) is amended by striking “and” at the end of subparagraph (B), by striking the period at the end of subparagraph (C), and by adding at the end the following new subparagraph: “(D) the value (determined under section 7520) of such remainder interest is at least 10 percent of the initial net fair market value of all property placed in the trust.”Pub. L. 105–34 § 1089(a)(1) · 111 Stat. 788
Inserted · 26 U.S.C. § 664(d)(2)(A)
Pub. L. 105–34, § 1089(a)(1), inserted “nor more than 50 percent” after “not less than 5 percent”
Source evidence
Code amendment note
Subsec. (d)(2)(A). Pub. L. 105–34, § 1089(a)(1), inserted “nor more than 50 percent” after “not less than 5 percent”.Enacted provision · exact public law section
(1) In general.— Paragraphs (1)(A) and (2)(A) of section 664(d) (relating to charitable remainder trusts) are each amended by inserting “nor more than 50 percent” after “not less than 5 percent”.Pub. L. 105–34 § 1530(c)(5) · 111 Stat. 788
Inserted · 26 U.S.C. § 664(d)(2)(B)
Pub. L. 105–34, § 1530(c)(5), inserted “and other than qualified gratuitous transfers described in subparagraph (C)” after “subparagraph (A)”
Source evidence
Code amendment note
Subsec. (d)(2)(B). Pub. L. 105–34, § 1530(c)(5), inserted “and other than qualified gratuitous transfers described in subparagraph (C)” after “subparagraph (A)”.Enacted provision · exact public law section
(5) Subparagraph (B) of section 664(d)(1) and subparagraph (B) of section 664(d)(2) are each amended by inserting “and other than qualified gratuitous transfers described in subparagraph (C)” after “subparagraph (A)”.Pub. L. 105–34 § 1089(b)(2) · 111 Stat. 788
Struck · 26 U.S.C. § 664(d)(2)(B)
Pub. L. 105–34, § 1089(b)(2), struck out “and” at end
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 105–34, § 1089(b)(2), struck out “and” at end.Enacted provision · exact public law section
(2) Charitable remainder unitrusts.—Paragraph (2) of section 664(d) is amended by striking “and” at the end of subparagraph (B), by striking the period at the end of subparagraph (C), and by adding at the end the following new subparagraph: “(D) with respect to each contribution of property to the trust, the value (determined under section 7520) of such remainder interest in such property is at least 10 percent of the net fair market value of such property as of the date such property is contributed to the trust.”.Pub. L. 105–34 § 1530(a) · 111 Stat. 788
Struck and inserted · 26 U.S.C. § 664(d)(2)(C)
Pub. L. 105–34, § 1530(a), which directed amendment of subpar. (C) by striking period at end and inserting “or, to the extent the remainder interest is in qualified employer securities (as defined in subsection (g)(4)), all or part of such securities are to be transferred to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined by subsection (g)).”, was executed by making the insertion after “for such a use” to reflect the probable intent of Congress. Subpar. (C) did not contain a period after amendment by Pub. L. 105–34, § 1089(b)(2). See below
Source evidence
Code amendment note
Subsec. (d)(2)(C). Pub. L. 105–34, § 1530(a), which directed amendment of subpar. (C) by striking period at end and inserting “or, to the extent the remainder interest is in qualified employer securities (as defined in subsection (g)(4)), all or part of such securities are to be transferred to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined by subsection (g)).”, was executed by making the insertion after “for such a use” to reflect the probable intent of Congress. Subpar. (C) did not contain a period after amendment by Pub. L. 105–34, § 1089(b)(2). See below.Enacted provision · exact public law section
(a) In General.— Subparagraph (C) of section 664(d)(1) and subparagraph (C) of section 664(d)(2) are each amended by striking the period at the end thereof and inserting “or, to the extent the remainder interest is in qualified employer securities (as defined in subsection (g)(4)), all or part of such securities are to be transferred to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined by subsection (g)).”.Pub. L. 105–34 § 1089(b)(2) · 111 Stat. 788
Struck · 26 U.S.C. § 664(d)(2)(C)
Pub. L. 105–34, § 1089(b)(2), struck out period after “for such a use”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 105–34, § 1089(b)(2), struck out period after “for such a use”.Enacted provision · exact public law section
(2) Charitable remainder unitrusts.—Paragraph (2) of section 664(d) is amended by striking “and” at the end of subparagraph (B), by striking the period at the end of subparagraph (C), and by adding at the end the following new subparagraph: “(D) with respect to each contribution of property to the trust, the value (determined under section 7520) of such remainder interest in such property is at least 10 percent of the net fair market value of such property as of the date such property is contributed to the trust.”.Pub. L. 105–34 § 1089(b)(2) · 111 Stat. 788
Added · 26 U.S.C. § 664(d)(2)(D)
Pub. L. 105–34, § 1089(b)(2), added subpar. (D)
Source evidence
Code amendment note
Subsec. (d)(2)(D). Pub. L. 105–34, § 1089(b)(2), added subpar. (D).Enacted provision · exact public law section
(2) Charitable remainder unitrusts.—Paragraph (2) of section 664(d) is amended by striking “and” at the end of subparagraph (B), by striking the period at the end of subparagraph (C), and by adding at the end the following new subparagraph: “(D) with respect to each contribution of property to the trust, the value (determined under section 7520) of such remainder interest in such property is at least 10 percent of the net fair market value of such property as of the date such property is contributed to the trust.”.Pub. L. 105–34 § 1089(b)(4) · 111 Stat. 788
Added · 26 U.S.C. § 664(d)(4)
Pub. L. 105–34, § 1089(b)(4), added par. (4)
Source evidence
Code amendment note
Subsec. (d)(4). Pub. L. 105–34, § 1089(b)(4), added par. (4).Enacted provision · exact public law section
(4) Severance of certain additional contributions.— Subsection (d) of section 664 is amended by adding at the end the following new paragraph: “(4) Severance of certain additional contributions.— If— “(A) any contribution is made to a trust which before the contribution is a charitable remainder unitrust, and “(B) such contribution would (but for this paragraph) result in such trust ceasing to be a charitable unitrust by reason of paragraph (2)(D), such contribution shall be treated as a transfer to a separate trust under regulations prescribed by the Secretary.”.Pub. L. 105–34 § 1530(b) · 111 Stat. 788
Added · 26 U.S.C. § 664(g)
Pub. L. 105–34, § 1530(b), added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 105–34, § 1530(b), added subsec. (g).Enacted provision · exact public law section
(b) Qualified Gratuitous Transfer Defined.— Section 664 is amended by adding at the end the following new subsection: “(g) Qualified Gratuitous Transfer of Qualified Employer Securities.— “(1) In general.— For purposes of this section, the term ‘qualified gratuitous transfer’ means a transfer of qualified employer securities to an employee stock ownership plan (as defined in section 4975(e)(7)) but only to the extent that— “(A) the securities transferred previously passed from a decedent dying before January 1, 1999, to a trust described in paragraph (1) or (2) of subsection (d), “(B) no deduction under section 404 is allowable with respect to such transfer, “(C) such plan contains the provisions required by paragraph (3), “(D) such plan treats such securities as being attributable to employer contributions but without regard to the limitations otherwise applicable to such contributions under section 404, and “(E) the employer whose employees are covered by the plan described in this paragraph files with the Secretary a verified written statement consenting to the application of sections 4978 and 4979A with respect to such employer. “(2) Exception.— The term ‘qualified gratuitous transfer’ shall not include a transfer of qualified employer securities to an employee stock ownership plan unless— “(A) such plan was in existence on August 1, 1996, “(B) at the time of the transfer, the decedent and members of the decedent’s family (within the meaning of section 2032A(e)(2)) own (directly or through the application of section 318(a)) no more than 10 percent of the value of the stock of the corporation referred to in paragraph (4), and “(C) immediately after the transfer, such plan owns (after the application of section 318(a)(4)) at least 60 percent of the value of the outstanding stock of the corporation. “(3) Plan requirements.— A plan contains the provisions required by this paragraph if such plan provides that— “(A) the qualified employer securities so transferred are allocated to plan participants in a manner consistent with section 401(a)(4), “(B) plan participants are entitled to direct the plan as to the manner in which such securities which are entitled to vote and are allocated to the account of such participant are to be voted, “(C) an independent trustee votes the securities so transferred which are not allocated to plan participants, “(D) each participant who is entitled to a distribution from the plan has the rights described in subparagraphs (A) and (B) of section 409(h)(1), “(E) such securities are held in a suspense account under the plan to be allocated each year, up to the limitations under section 415(c), after first allocating all other annual additions for the limitation year, up to the limitations under sections 415 (c) and (e), and “(F) on termination of the plan, all securities so transferred which are not allocated to plan participants as of such termination are to be transferred to, or for the use of, an organization described in section 170(c). For purposes of the preceding sentence, the term ‘independent trustee’ means any trustee who is not a member of the family (within the meaning of section 2032A(e)(2)) of the decedent or a 5-percent shareholder. A plan shall not fail to be treated as meeting the requirements of section 401(a) by reason of meeting the requirements of this subsection. “(4) Qualified employer securities.— For purposes of this section, the term ‘qualified employer securities’ means employer securities (as defined in section 409(1)) which are issued by a domestic corporation— “(A) which has no outstanding stock which is readily tradable on an established securities market, and “(B) which has only 1 class of stock. “(5) Treatment of securities allocated by employee stock ownership plan to persons related to decedent or 5-percent shareholders.— “(A) In general.— If any portion of the assets of the plan attributable to securities acquired by the plan in a qualified gratuitous transfer are allocated to the account of— “(i) any person who is related to the decedent (within the meaning of section 267(b)) or a member of the decedent’s family (within the meaning of section 2032A(e)(2)), or “(ii) any person who, at the time of such allocation or at any time during the 1-year period ending on the date of the acquisition of qualified employer securities by the plan, is a 5-percent shareholder of the employer maintaining the plan, the plan shall be treated as having distributed (at the time of such allocation) to such person or shareholder the amount so allocated. “(B) 5-percent shareholder.—For purposes of subparagraph (A), the term ‘5-percent shareholder’ means any person who owns (directly or through the application of section 318(a)) more than 5 percent of the outstanding stock of the corporation which issued such qualified employer securities or of any corporation which is a member of the same controlled group of corporations (within the meaning of section 409(l)(4)) as such corporation. For purposes of the preceding sentence, section 318(a) shall be applied without regard to the exception in paragraph (2)(B)(i) thereof. “(C) Cross reference.— “For excise tax on allocations described in subparagraph (A), see section 4979A. “(6) Tax on failure to transfer unallocated securities to charity on termination of plan.— If the requirements of paragraph (3)(F) are not met with respect to any securities, there is hereby imposed a tax on the employer maintaining the plan in an amount equal to the sum of— “(A) the amount of the increase in the tax which would be imposed by chapter 11 if such securities were not transferred as described in paragraph (1), and “(B) interest on such amount at the underpayment rate under section 6621 (and compounded daily) from the due date for filing the return of the tax imposed by chapter 11.”.Internal Revenue Service Restructuring and Reform Act of 1998
Pub. L. 105–206 title VI § 6010(r) · 112 Stat. 685
Inserted · 26 U.S.C. § 664(d)(1)(C); 26 U.S.C. § 664(d)(2)(C)
Pub. L. 105–206 inserted “, and” at end
Source evidence
Code amendment note
Subsec. (d)(1)(C), (2)(C). Pub. L. 105–206 inserted “, and” at end.Enacted provision · exact public law section
(r) Amendment Related to Section 1089 of 1997 Act.— Paragraphs (1)(C) and (2)(C) of section 664(d) of the 1986 Code are each amended by adding “, and” at the end.Consolidated Appropriations Act, 2001
Pub. L. 106–554 § 1(a)(7)(tIII)(s319)(7) · 114 Stat. 2763
Struck · 26 U.S.C. § 664(d)(1)(C); 26 U.S.C. § 664(d)(2)(C)
Pub. L. 106–554 struck out period after “(as defined by subsection (g))”. See 1997 Amendment notes below
Source evidence
Code amendment note
Subsec. (d)(1)(C), (2)(C). Pub. L. 106–554 struck out period after “(as defined by subsection (g))”. See 1997 Amendment notes below.Enacted provision · exact public law section
(7) H.R. 5662, as introduced on December 14, 2000.Pub. L. 107–16 § 632(a)(3)(H)(i) · 115 Stat. 38
Substituted · 26 U.S.C. § 664(g)(3)(E)
Pub. L. 107–16, § 632(a)(3)(H)(i), substituted “applicable limitation under paragraph (7)” for “limitations under section 415(c)”
Source evidence
Code amendment note
Subsec. (g)(3)(E). Pub. L. 107–16, § 632(a)(3)(H)(i), substituted “applicable limitation under paragraph (7)” for “limitations under section 415(c)”.Enacted provision · exact public law section
(i) in paragraph (3)(E) by striking “limitations under section 415(c)” and inserting “applicable limitation under paragraph (7)”, andPub. L. 107–16 § 632(a)(3)(H)(ii) · 115 Stat. 38
Added · 26 U.S.C. § 664(g)(7)
Pub. L. 107–16, § 632(a)(3)(H)(ii), added par. (7)
Source evidence
Code amendment note
Subsec. (g)(7). Pub. L. 107–16, § 632(a)(3)(H)(ii), added par. (7).Enacted provision · exact public law section
(ii) by adding at the end the following new paragraph: “(7) Applicable limitation.— “(A) In general.— For purposes of paragraph (3)(E), the applicable limitation under this paragraph with respect to a participant is an amount equal to the lesser of— “(i) $30,000, or “(ii) 25 percent of the participant’s compensation (as defined in section 415(c)(3)). “(B) Cost-of-living adjustment.— The Secretary shall adjust annually the $30,000 amount under subparagraph (A)(i) at the same time and in the same manner as under section 415(d), except that the base period shall be the calendar quarter beginning October 1, 1993, and any increase under this subparagraph which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000.”.Pub. L. 109–280 title VIII § 868(a) · 120 Stat. 780
Inserted · 26 U.S.C. § 664(g)(3)(E)
Pub. L. 109–280 inserted “(determined on the basis of fair market value of securities when allocated to participants)” after “paragraph (7)”
Source evidence
Code amendment note
Subsec. (g)(3)(E). Pub. L. 109–280 inserted “(determined on the basis of fair market value of securities when allocated to participants)” after “paragraph (7)”.Enacted provision · exact public law section
(a) In General.— Subparagraph (E) of section 664(g)(3) of the Internal Revenue Code of 1986 is amended by inserting “(determined on the basis of fair market value of securities when allocated to participants)” after “paragraph (7)”.Tax Relief and Health Care Act of 2006
Pub. L. 109–432 div. A title IV § 424(a) · 120 Stat. 2922
Amended · 26 U.S.C. § 664(c)
Pub. L. 109–432 amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “A charitable remainder annuity trust and a charitable remainder unitrust shall, for any taxable year, not be subject to any tax imposed by this subtitle, unless such trust, for such year, has unrelated business taxable income (within the meaning of section 512, determined as if part III of subchapter F applied to such trust).”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 109–432 amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “A charitable remainder annuity trust and a charitable remainder unitrust shall, for any taxable year, not be subject to any tax imposed by this subtitle, unless such trust, for such year, has unrelated business taxable income (within the meaning of section 512, determined as if part III of subchapter F applied to such trust).”Enacted provision · exact public law section
(a) In General.— Subsection (c) of section 664 26 USC 664. (relating to exemption from income taxes) is amended to read as follows: “(c) Taxation of Trusts.— “(1) Income tax.— A charitable remainder annuity trust and a charitable remainder unitrust shall, for any taxable year, not be subject to any tax imposed by this subtitle. “(2) Excise tax.— “(A) In general.— In the case of a charitable remainder annuity trust or a charitable remainder unitrust which has unrelated business taxable income (within the meaning of section 512, determined as if part III of subchapter F applied to such trust) for a taxable year, there is hereby imposed on such trust or unitrust an excise tax equal to the amount of such unrelated business taxable income. “(B) Certain rules to apply.— The tax imposed by subparagraph (A) shall be treated as imposed by chapter 42 for purposes of this title other than subchapter E of chapter 42. “(C) Tax court proceedings.— For purposes of this paragraph, the references in section 6212(c)(1) to section 4940 shall be deemed to include references to this paragraph.” .Protecting Americans from Tax Hikes Act of 2015
Pub. L. 114–113 div. Q title III § 344(a) · 129 Stat. 2242
Substituted · 26 U.S.C. § 664(e)
Pub. L. 114–113 substituted “of interests” for “for purposes of charitable contribution” in heading
Inserted · 26 U.S.C. § 664(e)
Pub. L. 114–113 inserted at end of text “In the case of the early termination of a trust which is a charitable remainder unitrust by reason of subsection (d)(3), the valuation of interests in such trust for purposes of this section shall be made under rules similar to the rules of the preceding sentence.”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 114–113 substituted “of interests” for “for purposes of charitable contribution” in heading and inserted at end of text “In the case of the early termination of a trust which is a charitable remainder unitrust by reason of subsection (d)(3), the valuation of interests in such trust for purposes of this section shall be made under rules similar to the rules of the preceding sentence.”Enacted provision · exact public law section
(a) In General.— Section 664(e) is amended— (1) by adding at the end the following: “In the case of the early termination of a trust which is a charitable remainder unitrust by reason of subsection (d)(3), the valuation of interests in such trust for purposes of this section shall be made under rules similar to the rules of the preceding sentence.”, and (2) by striking “for Purposes of Charitable Contribution” in the heading thereof and inserting “of Interests”.Effective date note
Pub. L. 114–113, div. Q, title III, § 344(b), Dec. 18, 2015, 129 Stat. 3115, provided that: “The amendment made by this section [amending this section] shall apply to terminations of trusts occurring after the date of the enactment of this Act [Dec. 18, 2015].”Energy and Water Development and Related Agencies Appropriations Act, 2018
Pub. L. 115–141 div. U title IV § 401(b)(27) · 132 Stat. 348
Substituted · 26 U.S.C. § 664(g)(3)(E)
Pub. L. 115–141 substituted “limitation under section 415(c)” for “limitations under sections 415(c) and (e)”
Source evidence
Code amendment note
Subsec. (g)(3)(E). Pub. L. 115–141 substituted “limitation under section 415(c)” for “limitations under sections 415(c) and (e)”.Enacted provision · exact public law section
Sec. 401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information.
26 of 26 references resolved to an enrolled provision
Notes
Inflation Adjusted Items for Certain Years
For inflation adjustment of certain items in this section, see Internal Revenue Notices listed in a table under section 401 of this title.
Editorial Notes
Amendments1976–2018 · 9 rounds
2018
Subsec. (g)(3)(E). Pub. L. 115–141 substituted “limitation under section 415(c)” for “limitations under sections 415(c) and (e)”.
2015
Subsec. (e). Pub. L. 114–113 substituted “of interests” for “for purposes of charitable contribution” in heading and inserted at end of text “In the case of the early termination of a trust which is a charitable remainder unitrust by reason of subsection (d)(3), the valuation of interests in such trust for purposes of this section shall be made under rules similar to the rules of the preceding sentence.”
2006
Subsec. (c). Pub. L. 109–432 amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “A charitable remainder annuity trust and a charitable remainder unitrust shall, for any taxable year, not be subject to any tax imposed by this subtitle, unless such trust, for such year, has unrelated business taxable income (within the meaning of section 512, determined as if part III of subchapter F applied to such trust).”
Subsec. (g)(3)(E). Pub. L. 109–280 inserted “(determined on the basis of fair market value of securities when allocated to participants)” after “paragraph (7)”.
2001
Subsec. (g)(3)(E). Pub. L. 107–16, § 632(a)(3)(H)(i), substituted “applicable limitation under paragraph (7)” for “limitations under section 415(c)”.
Subsec. (g)(7). Pub. L. 107–16, § 632(a)(3)(H)(ii), added par. (7).
2000
Subsec. (d)(1)(C), (2)(C). Pub. L. 106–554 struck out period after “(as defined by subsection (g))”. See 1997 Amendment notes below.
1998
Subsec. (d)(1)(C), (2)(C). Pub. L. 105–206 inserted “, and” at end.
1997
Subsec. (d)(1)(A). Pub. L. 105–34, § 1089(a)(1), inserted “nor more than 50 percent” after “not less than 5 percent”.
Subsec. (d)(1)(B). Pub. L. 105–34, § 1530(c)(5), inserted “and other than qualified gratuitous transfers described in subparagraph (C)” after “subparagraph (A)”.
Pub. L. 105–34, § 1089(b)(1), struck out “and” at end.
Subsec. (d)(1)(C). Pub. L. 105–34, § 1530(a), which directed amendment of subpar. (C) by striking period at end and inserting “or, to the extent the remainder interest is in qualified employer securities (as defined in subsection (g)(4)), all or part of such securities are to be transferred to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined by subsection (g)).”, was executed by making the insertion after “for such a use” to reflect the probable intent of Congress. Subpar. (C) did not contain a period after amendment by Pub. L. 105–34, § 1089(b)(1). See below.
Pub. L. 105–34, § 1089(b)(1), struck out period after “for such a use”.
Subsec. (d)(1)(D). Pub. L. 105–34, § 1089(b)(1), added subpar. (D).
Subsec. (d)(2)(A). Pub. L. 105–34, § 1089(a)(1), inserted “nor more than 50 percent” after “not less than 5 percent”.
Subsec. (d)(2)(B). Pub. L. 105–34, § 1530(c)(5), inserted “and other than qualified gratuitous transfers described in subparagraph (C)” after “subparagraph (A)”.
Pub. L. 105–34, § 1089(b)(2), struck out “and” at end.
Subsec. (d)(2)(C). Pub. L. 105–34, § 1530(a), which directed amendment of subpar. (C) by striking period at end and inserting “or, to the extent the remainder interest is in qualified employer securities (as defined in subsection (g)(4)), all or part of such securities are to be transferred to an employee stock ownership plan (as defined in section 4975(e)(7)) in a qualified gratuitous transfer (as defined by subsection (g)).”, was executed by making the insertion after “for such a use” to reflect the probable intent of Congress. Subpar. (C) did not contain a period after amendment by Pub. L. 105–34, § 1089(b)(2). See below.
Pub. L. 105–34, § 1089(b)(2), struck out period after “for such a use”.
Subsec. (d)(2)(D). Pub. L. 105–34, § 1089(b)(2), added subpar. (D).
Subsec. (d)(4). Pub. L. 105–34, § 1089(b)(4), added par. (4).
Subsec. (g). Pub. L. 105–34, § 1530(b), added subsec. (g).
1984
Subsec. (f). Pub. L. 98–369 added subsec. (f).
1976
Subsec. (a). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Pub. L. 114–113, div. Q, title III, § 344(b), , 129 Stat. 3115, provided that: “The amendment made by this section [amending this section] shall apply to terminations of trusts occurring after the date of the enactment of this Act [].”
Effective Date of 2006 Amendment
Pub. L. 109–432, div. A, title IV, § 424(b), , 120 Stat. 2974, provided that: “The amendment made by this section [amending this section] shall apply to taxable years beginning after .”
Pub. L. 109–280, title VIII, § 868(b), , 120 Stat. 1025, provided that: “The amendment made by this section [amending this section] shall take effect on the date of the enactment of this Act [].”
Effective Date of 2001 Amendment
Amendment by Pub. L. 107–16 applicable to years beginning after , see section 632(a)(4) of Pub. L. 107–16, set out as a note under section 72 of this title.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 105–34, to which such amendment relates, see section 6024 of Pub. L. 105–206, set out as a note under section 1 of this title.
Effective Date of 1997 Amendment
Pub. L. 105–34, title X, § 1089(a)(2), , 111 Stat. 960, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to transfers in trust after .”
Pub. L. 105–34, title X, § 1089(b)(6), , 111 Stat. 961, provided that:
“(A) In general.—
Except as otherwise provided in this paragraph, the amendments made by this subsection [amending this section and section 2055 of this title] shall apply to transfers in trust after .
“(B) Special rule for certain decedents.—
The amendments made by this subsection shall not apply to transfers in trust under the terms of a will (or other testamentary instrument) executed on or before , if the decedent—
“(i) dies before , without having republished the will (or amended such instrument) by codicil or otherwise, or
“(ii) was on , under a mental disability to change the disposition of his property and did not regain his competence to dispose of such property before the date of his death.”
Amendment by section 1530(a), (b), (c)(5) of Pub. L. 105–34 applicable to transfers made by trusts to, or for the use of, an employee stock ownership plan after , see section 1530(d) of Pub. L. 105–34, set out as a note under section 401 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–369, applicable to transfers after , see section 1022(e)(2) of Pub. L. 98–369, set out as a note under section 2055 of this title.
Effective Date
Section applicable to transfers in trust made after , see section 201(g)(5), set out as an Effective Date of 1969 Amendment note under section 170 of this title.
Savings Provision
For provisions that nothing in amendment by Pub. L. 115–141 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to , for purposes of determining liability for tax for periods ending after , see section 401(e) of Pub. L. 115–141, set out as a note under section 23 of this title.
Credits
1969–2018 · 11 acts
- 1969Added Pub. L. 91–172, title II, § 201(e)(1), , 83 Stat. 562
- 1976amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834
- 1984Pub. L. 98–369, div. A, title X, § 1022(d), , 98 Stat. 1029
- 1997Pub. L. 105–34, title X, § 1089(a)(1), (b)(1), (2), (4), title XV, § 1530(a), (b), (c)(5), , 111 Stat. 960, 1075, 1078
- 1998Pub. L. 105–206, title VI, § 6010(r), , 112 Stat. 817
- 2000Pub. L. 106–554, § 1(a)(7) [title III, § 319(7)], , 114 Stat. 2763, 2763A–646
- 2001Pub. L. 107–16, title VI, § 632(a)(3)(H), , 115 Stat. 114
- 2006Pub. L. 109–280, title VIII, § 868(a), , 120 Stat. 1025
- 2006Pub. L. 109–432, div. A, title IV, § 424(a), , 120 Stat. 2974
- 2015Pub. L. 114–113, div. Q, title III, § 344(a), , 129 Stat. 3115
- 2018Pub. L. 115–141, div. U, title IV, § 401(b)(27), , 132 Stat. 1203.
Show as published
(Added Pub. L. 91–172, title II, § 201(e)(1), , 83 Stat. 562; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834; Pub. L. 98–369, div. A, title X, § 1022(d), , 98 Stat. 1029; Pub. L. 105–34, title X, § 1089(a)(1), (b)(1), (2), (4), title XV, § 1530(a), (b), (c)(5), , 111 Stat. 960, 1075, 1078; Pub. L. 105–206, title VI, § 6010(r), , 112 Stat. 817; Pub. L. 106–554, § 1(a)(7) [title III, § 319(7)], , 114 Stat. 2763, 2763A–646; Pub. L. 107–16, title VI, § 632(a)(3)(H), , 115 Stat. 114; Pub. L. 109–280, title VIII, § 868(a), , 120 Stat. 1025; Pub. L. 109–432, div. A, title IV, § 424(a), , 120 Stat. 2974; Pub. L. 114–113, div. Q, title III, § 344(a), , 129 Stat. 3115; Pub. L. 115–141, div. U, title IV, § 401(b)(27), , 132 Stat. 1203.)