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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 681 Limitation on charitable deduction us united_states_code code_section 26 INTERNAL REVENUE CODE 1 NORMAL TAXES AND SURTAXES 681 26 U.S.C. § 681 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s681 data/legal/raw/us/code/title-26/usc26.xml 733b7025c71dda4ae22382a0347f5d3204110af8c504238d70e83a9816809ba3 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 929ef58a7436bf497349b6e5c70a6ccfd73698ad92ec1423c6bfd4a9e3e34207 2026-07-04 official
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26 U.S.C. § 681 - Limitation on charitable deduction

Text

(a) Trade or business income In computing the deduction allowable under section 642(c) to a trust, no amount otherwise allowable under section 642(c) as a deduction shall be allowed as a deduction with respect to income of the taxable year which is allocable to its unrelated business income for such year. For purposes of the preceding sentence, the term “unrelated business income” means an amount equal to the amount which, if such trust were exempt from tax under section 501(a) by reason of section 501(c)(3), would be computed as its unrelated business taxable income under section 512 (relating to income derived from certain business activities and from certain property acquired with borrowed funds).

(b) Cross reference For disallowance of certain charitable, etc., deductions otherwise allowable under section 642(c), see sections 508(d) and 4948(c)(4).

(Aug. 16, 1954, ch. 736, 68A Stat. 232; Pub. L. 90630, § 6(b), Oct. 22, 1968, 82 Stat. 1330; Pub. L. 91172, title I, §§ 101(j)(18), (19), 121(d)(2)(B), Dec. 30, 1969, 83 Stat. 528, 547.)

Notes

Editorial Notes

Amendments1969—Subsec. (a). Pub. L. 91172, § 121(d)(2)(B), substituted reference to certain property acquired with borrowed funds for reference to certain leases. Subsec. (b). Pub. L. 91172, § 101(j)(18), (19), redesignated subsec. (d) as (b) and substituted “sections 518(d) and 4948(c)(4)” for “section 503(e)”. Former subsec. (b), dealing generally with the operation of trusts, was struck out. Subsec. (c). Pub. L. 91172, § 101(j)(18), struck out subsec. (c) dealing with accumulated income. Subsec. (d). Pub. L. 91172, § 101(j)(19), redesignated subsec. (d) as (b). 1968—Subsec. (c). Pub. L. 90630 inserted provision that par. (1) does not apply to income attributable to property transferred to a trust before January 1, 1951, by the creator thereof if the trust was irrevocable on such date and if the income is required to be accumulated pursuant to the mandatory terms of the instrument creating the trust.

Statutory Notes and Related Subsidiaries

Effective Date of 1969 AmendmentAmendment by section 101(j)(18), (19) of Pub. L. 91172 effective Jan. 1, 1970, see section 101(k)(1) of Pub. L. 91172, set out as an Effective Date note under section 4940 of this title. Amendment by section 121(d)(2)(B) of Pub. L. 91172 applicable to taxable years beginning after Dec. 31, 1969, see section 121(g) of Pub. L. 91172, set out as a note under section 511 of this title.

Effective Date of 1968 AmendmentPub. L. 90630, § 6(c), Oct. 22, 1968, 82 Stat. 1330, provided that: “The amendments made by subsection (a) [amending section 504 of this title] and (b) [amending this section] shall apply with respect to taxable years beginning after December 31, 1953, and ending after August 16, 1954. For purposes of sections 3814 and 162(g)(4) of the Internal Revenue Code of 1939, provisions having the same effect as such amendments shall be treated as included in such sections effective with respect to taxable years beginning after December 31, 1950.”