{"identifier":"/us/usc/t26/s4982","title":26,"num":"\u00a7\u202f4982.","heading":"Excise tax on undistributed income of regulated investment companies","text":"\u00a7\u202f4982.\nExcise tax on undistributed income of regulated investment companies\n(a)\nImposition of tax\nThere is hereby imposed a tax on every regulated investment company for each calendar year equal to 4 percent of the excess (if any) of\u2014\n(1) the required distribution for such calendar year, over\n(2) the distributed amount for such calendar year.\n(b)\nRequired distribution\nFor purposes of this section\u2014\n(1)\nIn general\nThe term \u201crequired distribution\u201d means, with respect to any calendar year, the sum of\u2014\n(A) 98 percent of the regulated investment company\u2019s ordinary income for such calendar year, plus\n(B) 98.2 percent of the regulated investment company\u2019s capital gain net income for the 1-year period ending on October 31 of such calendar year.\n(2)\nIncrease by prior year shortfall\nThe amount determined under paragraph (1) for any calendar year shall be increased by the excess (if any) of\u2014\n(A) the grossed up required distribution for the preceding calendar year, over\n(B) the distributed amount for such preceding calendar year.\n(3)\nGrossed up required distribution\nThe grossed up required distribution for any calendar year is the required distribution for such year determined\u2014\n(A) with the application of paragraph (2) to such taxable year, and\n(B) by substituting \u201c100 percent\u201d for each percentage set forth in paragraph (1).\n(c)\nDistributed amount\nFor purposes of this section\u2014\n(1)\nIn general\nThe term \u201cdistributed amount\u201d means, with respect to any calendar year, the sum of\u2014\n(A) the deduction for dividends paid (as defined in section 561) during such calendar year, and\n(B) any amount on which tax is imposed under subsection (b)(1) or (b)(3)(A) of section 852 for any taxable year ending in such calendar year.\n(2)\nIncrease by prior year overdistribution\nThe amount determined under paragraph (1) for any calendar year shall be increased by the excess (if any) of\u2014\n(A) the distributed amount for the preceding calendar year (determined with the application of this paragraph to such preceding calendar year), over\n(B) the grossed up required distribution for such preceding calendar year.\n(3)\nDetermination of dividends paid\nThe amount of the dividends paid during any calendar year shall be determined without regard to\u2014\n(A) the provisions of section 855, and\n(B) any exempt-interest dividend as defined in section 852(b)(5).\n(4)\nSpecial rule for estimated tax payments\n(A)\nIn general\nIn the case of a regulated investment company which elects the application of this paragraph for any calendar year\u2014\n(i) the distributed amount with respect to such company for such calendar year shall be increased by the amount on which qualified estimated tax payments are made by such company during such calendar year, and\n(ii) the distributed amount with respect to such company for the following calendar year shall be reduced by the amount of such increase.\n(B)\nQualified estimated tax payments\nFor purposes of this paragraph, the term \u201cqualified estimated tax payments\u201d means, with respect to any calendar year, payments of estimated tax of a tax described in paragraph (1)(B) for any taxable year which begins (but does not end) in such calendar year.\n(d)\nTime for payment of tax\nThe tax imposed by this section for any calendar year shall be paid on or before March 15 of the following calendar year.\n(e)\nDefinitions and special rules\nFor purposes of this section\u2014\n(1)\nOrdinary income\nThe term \u201cordinary income\u201d means the investment company taxable income (as defined in section 852(b)(2)) determined\u2014\n(A) without regard to subparagraphs (A) and (D) of section 852(b)(2),\n(B) by not taking into account any gain or loss from the sale or exchange of a capital asset, and\n(C) by treating the calendar year as the company\u2019s taxable year.\n(2)\nCapital gain net income\n(A)\nIn general\nExcept as provided in subparagraph (B), the term \u201ccapital gain net income\u201d has the meaning given such term by section 1222(9) (determined by treating the 1-year period ending on October 31 of any calendar year as the company\u2019s taxable year).\n(B)\nReduction by net ordinary loss for calendar year\nThe amount determined under subparagraph (A) shall be reduced (but not below the net capital gain) by the amount of the company\u2019s net ordinary loss for the calendar year.\n(C)\nDefinitions\nFor purposes of this paragraph\u2014\n(i)\nNet capital gain\nThe term \u201cnet capital gain\u201d has the meaning given such term by section 1222(11) (determined by treating the 1-year period ending on October 31 of the calendar year as the company\u2019s taxable year).\n(ii)\nNet ordinary loss\nThe net ordinary loss for the calendar year is the amount which would be the net operating loss of the company for the calendar year if the amount of such loss were determined in the same manner as ordinary income is determined under paragraph (1).\n(3)\nTreatment of deficiency distributions\nIn the case of any deficiency dividend (as defined in section 860(f))\u2014\n(A) such dividend shall be taken into account when paid without regard to section 860, and\n(B) any income giving rise to the adjustment shall be treated as arising when the dividend is paid.\n(4)\nElection to use taxable year in certain cases\n(A)\nIn general\nIf\u2014\n(i) the taxable year of the regulated investment company ends with the month of November or December, and\n(ii) such company makes an election under this paragraph,\nsubsection (b)(1)(B) and paragraph (2) of this subsection shall be applied by taking into account the company\u2019s taxable year in lieu of the 1-year period ending on October 31 of the calendar year.\n(B)\nElection revocable only with consent\nAn election under this paragraph, once made, may be revoked only with the consent of the Secretary.\n(5)\nTreatment of specified gains and losses after October 31 of calendar year\n(A)\nIn general\nAny specified gain or specified loss which (but for this paragraph) would be properly taken into account for the portion of the calendar year after October 31 shall be treated as arising on January 1 of the following calendar year.\n(B)\nSpecified gains and losses\nFor purposes of this paragraph\u2014\n(i)\nSpecified gain\nThe term \u201cspecified gain\u201d means ordinary gain from the sale, exchange, or other disposition of property (including the termination of a position with respect to such property). Such term shall include any foreign currency gain attributable to a section 988 transaction (within the meaning of section 988) and any amount includible in gross income under section 1296(a)(1).\n(ii)\nSpecified loss\nThe term \u201cspecified loss\u201d means ordinary loss from the sale, exchange, or other disposition of property (including the termination of a position with respect to such property). Such term shall include any foreign currency loss attributable to a section 988 transaction (within the meaning of section 988) and any amount allowable as a deduction under section 1296(a)(2).\n(C)\nSpecial rule for companies electing to use the taxable year\nIn the case of any company making an election under paragraph (4), subparagraph (A) shall be applied by substituting the last day of the company\u2019s taxable year for October 31.\n(6)\nTreatment of mark to market gain\n(A)\nIn general\nFor purposes of determining a regulated investment company\u2019s ordinary income, notwithstanding paragraph (1)(C), each specified mark to market provision shall be applied as if such company\u2019s taxable year ended on October 31. In the case of a company making an election under paragraph (4), the preceding sentence shall be applied by substituting the last day of the company\u2019s taxable year for October 31.\n(B)\nSpecified mark to market provision\nFor purposes of this paragraph, the term \u201cspecified mark to market provision\u201d means sections 1256 and 1296 and any other provision of this title (or regulations thereunder) which treats property as disposed of on the last day of the taxable year or which determines income by reference to the value of an item on the last day of the taxable year.\n(7)\nElective deferral of certain ordinary losses\nExcept as provided in regulations prescribed by the Secretary, in the case of a regulated investment company which has a taxable year other than the calendar year\u2014\n(A) such company may elect to determine its ordinary income and net ordinary loss (as defined in paragraph (2)(C)(ii)) for the calendar year without regard to any portion of any net ordinary loss (determined without regard to specified gains and losses taken into account under paragraph (5)) which is attributable to the portion of such calendar year which is after the beginning of the taxable year which begins in such calendar year, and\n(B) any amount of net ordinary loss not taken into account for a calendar year by reason of subparagraph (A) shall be treated as arising on the 1st day of the following calendar year.\n(f)\nException for certain regulated investment companies\nThis section shall not apply to any regulated investment company for any calendar year if at all times during such calendar year each shareholder in such company was\u2014\n(1) a trust described in section 401(a) and exempt from tax under section 501(a),\n(2) a segregated asset account of a life insurance company held in connection with variable contracts (as defined in section 817(d)),\n(3) any other tax-exempt entity whose ownership of beneficial interests in the company would not preclude the application of section 817(h)(4), or\n(4) another regulated investment company described in this subsection.\nFor purposes of the preceding sentence, any shares attributable to an investment in the regulated investment company (not exceeding $250,000) made in connection with the organization of such company shall not be taken into account.","url":"https://projectusc.org/usc/t26/s4982.html","content":[{"t":"sec","id":"/us/usc/t26/s4982","children":[{"t":"num","text":"\u00a7\u202f4982."},{"t":"heading","text":"Excise tax on undistributed income of regulated investment companies"},{"t":"subsec","id":"/us/usc/t26/s4982/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Imposition of tax"},{"t":"chapeau","text":"There is hereby imposed a tax on every regulated investment company for each calendar year equal to 4 percent of the excess (if any) of\u2014"},{"t":"para","id":"/us/usc/t26/s4982/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the required distribution for such calendar year, over","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4982/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the distributed amount for such calendar year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t26/s4982/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Required distribution"},{"t":"chapeau","text":"For purposes of this section\u2014"},{"t":"para","id":"/us/usc/t26/s4982/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The term \u201crequired distribution\u201d means, with respect to any calendar year, the sum of\u2014"},{"t":"subpara","id":"/us/usc/t26/s4982/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 98 percent of the regulated investment company\u2019s ordinary income for such calendar year, plus","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4982/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 98.2 percent of the regulated investment company\u2019s capital gain net income for the 1-year period ending on October 31 of such calendar year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4982/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Increase by prior year shortfall"},{"t":"chapeau","text":"The amount determined under paragraph (1) for any calendar year shall be increased by the excess (if any) of\u2014"},{"t":"subpara","id":"/us/usc/t26/s4982/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the grossed up required distribution for the preceding calendar year, over","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4982/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the distributed amount for such preceding calendar year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4982/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Grossed up required distribution"},{"t":"chapeau","text":"The grossed up required distribution for any calendar year is the required distribution for such year determined\u2014"},{"t":"subpara","id":"/us/usc/t26/s4982/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" with the application of paragraph (2) to such taxable year, and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4982/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" by substituting \u201c100 percent\u201d for each percentage set forth in paragraph (1).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t26/s4982/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Distributed amount"},{"t":"chapeau","text":"For purposes of this section\u2014"},{"t":"para","id":"/us/usc/t26/s4982/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The term \u201cdistributed amount\u201d means, with respect to any calendar year, the sum of\u2014"},{"t":"subpara","id":"/us/usc/t26/s4982/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the deduction for dividends paid (as defined in section 561) during such calendar year, and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4982/c/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any amount on which tax is imposed under subsection (b)(1) or (b)(3)(A) of section 852 for any taxable year ending in such calendar year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4982/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Increase by prior year overdistribution"},{"t":"chapeau","text":"The amount determined under paragraph (1) for any calendar year shall be increased by the excess (if any) of\u2014"},{"t":"subpara","id":"/us/usc/t26/s4982/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the distributed amount for the preceding calendar year (determined with the application of this paragraph to such preceding calendar year), over","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4982/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the grossed up required distribution for such preceding calendar year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4982/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Determination of dividends paid"},{"t":"chapeau","text":"The amount of the dividends paid during any calendar year shall be determined without regard to\u2014"},{"t":"subpara","id":"/us/usc/t26/s4982/c/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the provisions of section 855, and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4982/c/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any exempt-interest dividend as defined in section 852(b)(5).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4982/c/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Special rule for estimated tax payments"},{"t":"subpara","id":"/us/usc/t26/s4982/c/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"In the case of a regulated investment company which elects the application of this paragraph for any calendar year\u2014"},{"t":"clause","id":"/us/usc/t26/s4982/c/4/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the distributed amount with respect to such company for such calendar year shall be increased by the amount on which qualified estimated tax payments are made by such company during such calendar year, and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t26/s4982/c/4/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the distributed amount with respect to such company for the following calendar year shall be reduced by the amount of such increase.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4982/c/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Qualified estimated tax payments"},{"t":"content","children":[{"t":"p","text":"For purposes of this paragraph, the term \u201cqualified estimated tax payments\u201d means, with respect to any calendar year, payments of estimated tax of a tax described in paragraph (1)(B) for any taxable year which begins (but does not end) in such calendar year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t26/s4982/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Time for payment of tax"},{"t":"content","children":[{"t":"p","text":"The tax imposed by this section for any calendar year shall be paid on or before March 15 of the following calendar year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t26/s4982/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Definitions and special rules"},{"t":"chapeau","text":"For purposes of this section\u2014"},{"t":"para","id":"/us/usc/t26/s4982/e/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Ordinary income"},{"t":"chapeau","text":"The term \u201cordinary income\u201d means the investment company taxable income (as defined in section 852(b)(2)) determined\u2014"},{"t":"subpara","id":"/us/usc/t26/s4982/e/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" without regard to subparagraphs (A) and (D) of section 852(b)(2),","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4982/e/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" by not taking into account any gain or loss from the sale or exchange of a capital asset, and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4982/e/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" by treating the calendar year as the company\u2019s taxable year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4982/e/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Capital gain net income"},{"t":"subpara","id":"/us/usc/t26/s4982/e/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Except as provided in subparagraph (B), the term \u201ccapital gain net income\u201d has the meaning given such term by section 1222(9) (determined by treating the 1-year period ending on October 31 of any calendar year as the company\u2019s taxable year).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4982/e/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Reduction by net ordinary loss for calendar year"},{"t":"content","children":[{"t":"p","text":"The amount determined under subparagraph (A) shall be reduced (but not below the net capital gain) by the amount of the company\u2019s net ordinary loss for the calendar year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4982/e/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"For purposes of this paragraph\u2014"},{"t":"clause","id":"/us/usc/t26/s4982/e/2/C/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"Net capital gain"},{"t":"content","children":[{"t":"p","text":"The term \u201cnet capital gain\u201d has the meaning given such term by section 1222(11) (determined by treating the 1-year period ending on October 31 of the calendar year as the company\u2019s taxable year).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t26/s4982/e/2/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Net ordinary loss"},{"t":"content","children":[{"t":"p","text":"The net ordinary loss for the calendar year is the amount which would be the net operating loss of the company for the calendar year if the amount of such loss were determined in the same manner as ordinary income is determined under paragraph (1).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4982/e/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Treatment of deficiency distributions"},{"t":"chapeau","text":"In the case of any deficiency dividend (as defined in section 860(f))\u2014"},{"t":"subpara","id":"/us/usc/t26/s4982/e/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" such dividend shall be taken into account when paid without regard to section 860, and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4982/e/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any income giving rise to the adjustment shall be treated as arising when the dividend is paid.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4982/e/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Election to use taxable year in certain cases"},{"t":"subpara","id":"/us/usc/t26/s4982/e/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"If\u2014"},{"t":"clause","id":"/us/usc/t26/s4982/e/4/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the taxable year of the regulated investment company ends with the month of November or December, and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t26/s4982/e/4/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" such company makes an election under this paragraph,","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"subsection (b)(1)(B) and paragraph (2) of this subsection shall be applied by taking into account the company\u2019s taxable year in lieu of the 1-year period ending on October 31 of the calendar year.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4982/e/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Election revocable only with consent"},{"t":"content","children":[{"t":"p","text":"An election under this paragraph, once made, may be revoked only with the consent of the Secretary.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4982/e/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Treatment of specified gains and losses after October 31 of calendar year"},{"t":"subpara","id":"/us/usc/t26/s4982/e/5/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Any specified gain or specified loss which (but for this paragraph) would be properly taken into account for the portion of the calendar year after October 31 shall be treated as arising on January 1 of the following calendar year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4982/e/5/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Specified gains and losses"},{"t":"chapeau","text":"For purposes of this paragraph\u2014"},{"t":"clause","id":"/us/usc/t26/s4982/e/5/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"Specified gain"},{"t":"content","children":[{"t":"p","text":"The term \u201cspecified gain\u201d means ordinary gain from the sale, exchange, or other disposition of property (including the termination of a position with respect to such property). Such term shall include any foreign currency gain attributable to a section 988 transaction (within the meaning of section 988) and any amount includible in gross income under section 1296(a)(1).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t26/s4982/e/5/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Specified loss"},{"t":"content","children":[{"t":"p","text":"The term \u201cspecified loss\u201d means ordinary loss from the sale, exchange, or other disposition of property (including the termination of a position with respect to such property). Such term shall include any foreign currency loss attributable to a section 988 transaction (within the meaning of section 988) and any amount allowable as a deduction under section 1296(a)(2).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4982/e/5/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Special rule for companies electing to use the taxable year"},{"t":"content","children":[{"t":"p","text":"In the case of any company making an election under paragraph (4), subparagraph (A) shall be applied by substituting the last day of the company\u2019s taxable year for October 31.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4982/e/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Treatment of mark to market gain"},{"t":"subpara","id":"/us/usc/t26/s4982/e/6/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"For purposes of determining a regulated investment company\u2019s ordinary income, notwithstanding paragraph (1)(C), each specified mark to market provision shall be applied as if such company\u2019s taxable year ended on October 31. In the case of a company making an election under paragraph (4), the preceding sentence shall be applied by substituting the last day of the company\u2019s taxable year for October 31.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4982/e/6/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Specified mark to market provision"},{"t":"content","children":[{"t":"p","text":"For purposes of this paragraph, the term \u201cspecified mark to market provision\u201d means sections 1256 and 1296 and any other provision of this title (or regulations thereunder) which treats property as disposed of on the last day of the taxable year or which determines income by reference to the value of an item on the last day of the taxable year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4982/e/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Elective deferral of certain ordinary losses"},{"t":"chapeau","text":"Except as provided in regulations prescribed by the Secretary, in the case of a regulated investment company which has a taxable year other than the calendar year\u2014"},{"t":"subpara","id":"/us/usc/t26/s4982/e/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" such company may elect to determine its ordinary income and net ordinary loss (as defined in paragraph (2)(C)(ii)) for the calendar year without regard to any portion of any net ordinary loss (determined without regard to specified gains and losses taken into account under paragraph (5)) which is attributable to the portion of such calendar year which is after the beginning of the taxable year which begins in such calendar year, and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4982/e/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" any amount of net ordinary loss not taken into account for a calendar year by reason of subparagraph (A) shall be treated as arising on the 1st day of the following calendar year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t26/s4982/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Exception for certain regulated investment companies"},{"t":"chapeau","text":"This section shall not apply to any regulated investment company for any calendar year if at all times during such calendar year each shareholder in such company was\u2014"},{"t":"para","id":"/us/usc/t26/s4982/f/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" a trust described in section 401(a) and exempt from tax under section 501(a),","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4982/f/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" a segregated asset account of a life insurance company held in connection with variable contracts (as defined in section 817(d)),","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4982/f/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" any other tax-exempt entity whose ownership of beneficial interests in the company would not preclude the application of section 817(h)(4), or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4982/f/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" another regulated investment company described in this subsection.","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"For purposes of the preceding sentence, any shares attributable to an investment in the regulated investment company (not exceeding $250,000) made in connection with the organization of such company shall not be taken into account.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}