26 USC 646 - Tax treatment of electing Alaska Native Settlement Trusts

U.S Code last checked for updates: Nov 23, 2024

§ 646.

Tax treatment of electing Alaska Native Settlement Trusts

(a)

In general

(b)

Taxation of income of trust

Except as provided in subsection (f)(1)(B)(ii)—

(1)

In general

(2)

Capital gain

Any such tax shall be in lieu of the income tax otherwise imposed by this chapter on such income or gain.

(c)

One-time election

(1)

In general

(2)

Time and method of election

An election under paragraph (1) shall be made by the trustee of such trust—

(A)

on or before the due date (including extensions) for filing the Settlement Trust’s return of tax for the first taxable year of such trust ending after the date of the enactment of this section, and

(B)

by attaching to such return of tax a statement specifically providing for such election.

(3)

Period election in effect

Except as provided in subsection (f), an election under this subsection—

(A)

shall apply to the first taxable year described in paragraph (2)(A) and all subsequent taxable years, and

(B)

may not be revoked once it is made.

(d)

Contributions to trust

(1)

Beneficiaries of electing trust not taxed on contributions

(2)

Earnings and profits

(e)

Tax treatment of distributions to beneficiaries

Amounts distributed by an electing Settlement Trust during any taxable year shall be considered as having the following characteristics in the hands of the recipient beneficiary:

(1)

First, as amounts excludable from gross income for the taxable year to the extent of the taxable income of such trust for such taxable year (decreased by any income tax paid by the trust with respect to the income) plus any amount excluded from gross income of the trust under section 103.

(2)

Second, as amounts excludable from gross income to the extent of the amount described in paragraph (1) for all taxable years for which an election is in effect under subsection (c) with respect to the trust, and not previously taken into account under paragraph (1).

(3)

Third, as amounts distributed by the sponsoring Native Corporation with respect to its stock (within the meaning of section 301(a)) during such taxable year and taxable to the recipient beneficiary as amounts described in section 301(c)(1), to the extent of current or accumulated earnings and profits of the sponsoring Native Corporation as of the close of such taxable year after proper adjustment is made for all distributions made by the sponsoring Native Corporation during such taxable year.

(4)

Fourth, as amounts distributed by the trust in excess of the distributable net income of such trust for such taxable year.

Amounts distributed to which paragraph (3) applies shall not be treated as a corporate distribution subject to section 311(b), and for purposes of determining the amount of a distribution for purposes of paragraph (3) and the basis to the recipients, section 643(e) and not section 301(b) or (d) shall apply.

(f)

Special rules where transfer restrictions modified

(1)

Transfer of beneficial interests

If, at any time, a beneficial interest in an electing Settlement Trust may be disposed of to a person in a manner which would not be permitted by section 7(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)) if such interest were Settlement Common Stock—

(A)

no election may be made under subsection (c) with respect to such trust, and

(B)

if such an election is in effect as of such time—

(i)

such election shall cease to apply as of the first day of the taxable year in which such disposition is first permitted,

(ii)

the provisions of this section shall not apply to such trust for such taxable year and all taxable years thereafter, and

(iii)

the distributable net income of such trust shall be increased by the current or accumulated earnings and profits of the sponsoring Native Corporation as of the close of such taxable year after proper adjustment is made for all distributions made by the sponsoring Native Corporation during such taxable year.

In no event shall the increase under clause (iii) exceed the fair market value of the trust’s assets as of the date the beneficial interest of the trust first becomes so disposable. The earnings and profits of the sponsoring Native Corporation shall be adjusted as of the last day of such taxable year by the amount of earnings and profits so included in the distributable net income of the trust.

(2)

Stock in corporation

If—

(A)

stock in the sponsoring Native Corporation may be disposed of to a person in a manner which would not be permitted by section 7(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)) if such stock were Settlement Common Stock, and

(B)

at any time after such disposition of stock is first permitted, such corporation transfers assets to a Settlement Trust,

paragraph (1)(B) shall be applied to such trust on and after the date of the transfer in the same manner as if the trust permitted dispositions of beneficial interests in the trust in a manner not permitted by such section 7(h).

(3)

Certain distributions

(g)

Taxable income

(h)

Definitions

For purposes of this section—

(1)

Electing Settlement Trust

(2)

Native Corporation

(3)

Settlement Common Stock

(4)

Settlement Trust

(5)

Sponsoring Native Corporation

(i)

Special loss disallowance rule

(j)

Cross reference

(Added Pub. L. 107–16, title VI, § 671(a), June 7, 2001, 115 Stat. 144.)

cite as: 26 USC 646