Title 26 — Internal Revenue Code
Part III · Chapter 1 — Normal Taxes and Surtaxes
§ 841. Credit for foreign taxes
Statutory text
The taxes imposed by foreign countries or possessions of the United States shall be allowed as a credit against the tax of a domestic insurance company subject to the tax imposed by section 801 or 831, to the extent provided in the case of a domestic corporation in section 901 (relating to foreign tax credit). For purposes of the preceding sentence (and for purposes of applying section 906 with respect to a foreign corporation subject to tax under this subchapter), the term “taxable income” as used in section 904 means—
in the case of the tax imposed by section 801, the life insurance company taxable income (as defined in section 801(b)), and
in the case of the tax imposed by section 831, the taxable income (as defined in section 832(a)).
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. 267 · 68A Stat. 267
Enacted · 26 U.S.C. § 841
Aug. 16, 1954, ch. 736, 68A Stat. 267
Source evidence
Code source credit
Aug. 16, 1954, ch. 736, 68A Stat. 267Life Insurance Company Income Tax Act of 1959
Pub. L. 86–69 § 3(b) · 73 Stat. 112
Struck · 26 U.S.C. § 841
Pub. L. 86–69 struck out reference to section 811 of this title in first sentence
Substituted · 26 U.S.C. § 841
Pub. L. 86–69 substituted “section 802, the life insurance company taxable income (as defined in section 802(b)), and” for “section 802 or 811, the net investment income (as defined in section 803(c))” in par. (1)
Source evidence
Code amendment note
Pub. L. 86–69 struck out reference to section 811 of this title in first sentence, and substituted “section 802, the life insurance company taxable income (as defined in section 802(b)), and” for “section 802 or 811, the net investment income (as defined in section 803(c))” in par. (1).Enacted provision · exact public law section
(b) Credit for Foreign Taxes.— Section 841 of such Code is 26 USC 841. amended by striking out “811,” in the first sentence, and by striking out paragraph (1) and inserting in lieu thereof the following: “(1) in the case of the tax imposed by section 802, the life insurance company taxable income (as defined in section 802(b)), and”.Revenue Act of 1962
Pub. L. 87–834 § 8(g)(1) · 76 Stat. 960
Added · 26 U.S.C. § 841
Pub. L. 87–834 added par. (2)
Redesignated · 26 U.S.C. § 841
Pub. L. 87–834 redesignated former par. (2) as (3)
Source evidence
Code amendment note
Pub. L. 87–834 added par. (2) and redesignated former par. (2) as (3).Enacted provision · exact public law section
(1) Credit for foreign taxes.— Section 841 (relating to credit for foreign taxes) is amended by striking out “and” at the end of paragraph (1), by renumbering paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following new paragraph: “(2) in the case of the tax imposed by section 821(a), the mutual insurance company taxable income (as defined in section 821(b)): and in the case of the tax imposed by section 821(c), the taxable investment income (as defined in section 822(a)), and”.Foreign Investors Tax Act of 1966
Pub. L. 89–809 title I § 104(i)(8) · 80 Stat. 1539
Substituted · 26 U.S.C. § 841
Pub. L. 89–809 substituted “For purposes of the preceding sentence (and for purposes of applying section 906 with respect to a foreign corporation subject to tax under this subchapter), the term ‘taxable income’ as used in section 904” for “For purposes of the preceding sentence, the term ‘taxable income’ as used in section 904”
Source evidence
Code amendment note
Pub. L. 89–809 substituted “For purposes of the preceding sentence (and for purposes of applying section 906 with respect to a foreign corporation subject to tax under this subchapter), the term ‘taxable income’ as used in section 904” for “For purposes of the preceding sentence, the term ‘taxable income’ as used in section 904”.Enacted provision · exact public law section
(8) The second sentence of section 841 (relating to credit for foreign taxes) is amended by striking out “sentence,” and inserting in lieu thereof “sentence (and for purposes of applying section Post, p. 1568. 906 with respect to a foreign corporation subject to tax under this subchapter),”.Tax Reform Act of 1984
Pub. L. 98–369 div. A title II § 211(b)(10) · 98 Stat. 494
Substituted · 26 U.S.C. § 841
Pub. L. 98–369 substituted “section 801” for “section 802”
Substituted · 26 U.S.C. § 841
Pub. L. 98–369 substituted “section 801(b)” for “section 802(b)”
Source evidence
Code amendment note
Pub. L. 98–369 substituted “section 801” for “section 802”, wherever appearing, and “section 801(b)” for “section 802(b)”.Enacted provision · exact public law section
(10) Section 841 (relating to credit for foreign taxes) is 26 USC 841. amended— (A) by striking out “section 802”, each place it appears and inserting in lieu thereof “section 801”, and (B) by striking out “section 802(b)” and inserting in lieu thereof “section 801(b)”.Tax Reform Act of 1986
Pub. L. 99–514 title X § 1024(c)(10) · 100 Stat. 2085
Substituted · 26 U.S.C. § 841
Pub. L. 99–514 substituted “section 801 or 831” for “section 801, 821, or 831” in introductory provisions
Redesignated · 26 U.S.C. § 841
Pub. L. 99–514 redesignated par. (3) as (2)
Struck · 26 U.S.C. § 841
Pub. L. 99–514 struck out former par. (2) which read as follows: “in the case of the tax imposed by section 821(a), the mutual insurance company taxable income (as defined in section 821(b)); and in the case of the tax imposed by section 821(c), the taxable investment income (as defined in section 822(a)), and”
Source evidence
Code amendment note
Pub. L. 99–514 substituted “section 801 or 831” for “section 801, 821, or 831” in introductory provisions, redesignated par. (3) as (2), and struck out former par. (2) which read as follows: “in the case of the tax imposed by section 821(a), the mutual insurance company taxable income (as defined in section 821(b)); and in the case of the tax imposed by section 821(c), the taxable investment income (as defined in section 822(a)), and”.Enacted provision · exact public law section
(10) Section 841 is amended— (A) by striking out “section 801, 821, or 831” and inserting in lieu thereof “section 801 or 831”, (B) by inserting “and” at the end of paragraph (1), (C) by striking out paragraph (2), and (D) by redesignating paragraph (3) as paragraph (2).Effective date note
Amendment by Pub. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, see section 1024(e) of Pub. L. 99–514, set out as a note under section 831 of this title.
10 of 11 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1956–1986 · 6 rounds
1986
Pub. L. 99–514 substituted “section 801 or 831” for “section 801, 821, or 831” in introductory provisions, redesignated par. (3) as (2), and struck out former par. (2) which read as follows: “in the case of the tax imposed by section 821(a), the mutual insurance company taxable income (as defined in section 821(b)); and in the case of the tax imposed by section 821(c), the taxable investment income (as defined in section 822(a)), and”.
1984
Pub. L. 98–369 substituted “section 801” for “section 802”, wherever appearing, and “section 801(b)” for “section 802(b)”.
1966
Pub. L. 89–809 substituted “For purposes of the preceding sentence (and for purposes of applying section 906 with respect to a foreign corporation subject to tax under this subchapter), the term ‘taxable income’ as used in section 904” for “For purposes of the preceding sentence, the term ‘taxable income’ as used in section 904”.
1962
Pub. L. 87–834 added par. (2) and redesignated former par. (2) as (3).
1959
Pub. L. 86–69 struck out reference to section 811 of this title in first sentence, and substituted “section 802, the life insurance company taxable income (as defined in section 802(b)), and” for “section 802 or 811, the net investment income (as defined in section 803(c))” in par. (1).
1956
Act , inserted references to section 811.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–514 applicable to taxable years beginning after , see section 1024(e) of Pub. L. 99–514, set out as a note under section 831 of this title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–369 applicable to taxable years beginning after , see section 215 of Pub. L. 98–369, set out as an Effective Date note under section 801 of this title.
Effective Date of 1966 Amendment
Amendment by Pub. L. 89–809 applicable with respect to taxable years beginning after , see section 104(n) of Pub. L. 89–809, set out as a note under section 11 of this title.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87–834 applicable with respect to taxable years beginning after , see section 8(h) of Pub. L. 87–834, set out as a note under section 501 of this title.
Effective Date of 1959 Amendment
Amendment by Pub. L. 86–69 applicable only with respect to taxable years beginning after , see section 4 of Pub. L. 86–69, set out as a note under section 381 of this title.
Effective Date of 1956 Amendment
Amendment by act , applicable only to taxable years beginning after , see section 6 of act , set out as a note under section 316 of this title.
Credits
1954–1986 · 7 acts
- 1954Aug. 16, 1954, ch. 736, 68A Stat. 267
- 1956Mar. 13, 1956, ch. 83, § 5(4), 70 Stat. 49
- 1959Pub. L. 86–69, § 3(b), , 73 Stat. 139
- 1962Pub. L. 87–834, § 8(g)(1), , 76 Stat. 998
- 1966Pub. L. 89–809, title I, § 104(i)(8), , 80 Stat. 1562
- 1984Pub. L. 98–369, div. A, title II, § 211(b)(10), , 98 Stat. 755
- 1986Pub. L. 99–514, title X, § 1024(c)(10), , 100 Stat. 2407.
Show as published
(Aug. 16, 1954, ch. 736, 68A Stat. 267; Mar. 13, 1956, ch. 83, § 5(4), 70 Stat. 49; Pub. L. 86–69, § 3(b), , 73 Stat. 139; Pub. L. 87–834, § 8(g)(1), , 76 Stat. 998; Pub. L. 89–809, title I, § 104(i)(8), , 80 Stat. 1562; Pub. L. 98–369, div. A, title II, § 211(b)(10), , 98 Stat. 755; Pub. L. 99–514, title X, § 1024(c)(10), , 100 Stat. 2407.)