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LegalText 26 U.S.C. § 1379 Transitional rules on enactment us united_states_code code_section 26 INTERNAL REVENUE CODE 1 NORMAL TAXES AND SURTAXES 1379 26 U.S.C. § 1379 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/s1379 data/legal/raw/us/code/title-26/usc26.xml 89231ec90204275442d7342068e669fcc336993976b8eeb2974ee95f0214a4fc a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 3adaa0a6b304173bc6ad364334c9e7d09b62b32a857d13944775c23f1f649b65 2026-07-04 official
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26 U.S.C. § 1379 - Transitional rules on enactment

Text

(a) Old elections Any election made under section 1372(a) (as in effect before the enactment of the Subchapter S Revision Act of 1982) shall be treated as an election made under section 1362.

(b) References to prior law included Any references in this title to a provision of this subchapter shall, to the extent not inconsistent with the purposes of this subchapter, include a reference to the corresponding provision as in effect before the enactment of the Subchapter S Revision Act of 1982.

(c) Distributions of undistributed taxable income If a corporation was an electing small business corporation for the last preenactment year, subsections (f) and (d) of section 1375 (as in effect before the enactment of the Subchapter S Revision Act of 1982) shall continue to apply with respect to distributions of undistributed taxable income for any taxable year beginning before January 1, 1983.

(d) Carryforwards If a corporation was an electing small business corporation for the last preenactment year and is an S corporation for the 1st postenactment year, any carryforward to the 1st post­enactment year which arose in a taxable year for which the corporation was an electing small business corporation shall be treated as arising in the 1st postenactment year.

(e) Preenactment and postenactment years defined For purposes of this subsection—

(1) Last preenactment year The term “last preenactment year” means the last taxable year of a corporation which begins before January 1, 1983.

(2) 1st postenactment year The term “1st postenactment year” means the 1st taxable year of a corporation which begins after December 31, 1982.

(Added Pub. L. 97354, § 2, Oct. 19, 1982, 96 Stat. 1686; amended Pub. L. 98369, div. A, title VII, § 721(n), July 18, 1984, 98 Stat. 969.)

Notes

Editorial Notes

References in TextThe enactment of the Subchapter S Revision Act of 1982, referred to in subsecs. (a) to (c), is the enactment of Pub. L. 97354, which was approved Oct. 19, 1982.

Prior ProvisionsA prior section 1379, added Pub. L. 91172, title V, § 531(a), Dec. 30, 1969, 83 Stat. 654; amended Pub. L. 93406, title II, § 2001(b), Sept. 2, 1974, 88 Stat. 952; Pub. L. 9734, title III, § 312(c)(6), Aug. 13, 1981, 95 Stat. 284; Pub. L. 97248, title II, § 238(c), Sept. 3, 1982, 96 Stat. 513, related to certain qualified pension, etc., plans, prior to the general revision of this subchapter by section 2 of Pub. L. 97354.

Amendments1984—Subsec. (b). Pub. L. 98369 struck out “In applying this subchapter to any taxable year beginning after December 31, 1982,” and substituted “Any references in this title to a provision” for “any reference in this subchapter to another provision”.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 AmendmentAmendment by Pub. L. 98369 effective as if included in Subchapter S Revision Act of 1982, Pub. L. 97354, see section 721(y)(1) of Pub. L. 98369, set out as a note under section 1361 of this title.

Effective DateSection applicable to taxable years beginning after Dec. 31, 1983, except that this section as in effect before Oct. 19, 1982, to remain in effect for years beginning before Jan. 1, 1984, see section 6(a), (b)(1) of Pub. L. 97354, set out as a note under section 1361 of this title.

Coordination of Repeals of Certain SectionsSubsec. (b) of this section as in effect on day before Sept. 3, 1982, inapplicable to any section 401(j) plan, see section 713(d)(8) of Pub. L. 98369, set out as a note under section 404 of this title.