26 USC 855 - Dividends paid by regulated investment company after close of taxable year

U.S Code last checked for updates: Nov 22, 2024

§ 855.

Dividends paid by regulated investment company after close of taxable year

(a)

General rule

For purposes of this chapter, if a regulated investment company—

(1)

declares a dividend on or before the later of—

(A)

the 15th day of the 9th month following the close of the taxable year, or

(B)

in the case of an extension of time for filing the company’s return for the taxable year, the due date for filing such return taking into account such extension, and

(2)

distributes the amount of such dividend to shareholders in the 12-month period following the close of such taxable year and not later than the date of the first dividend payment of the same type of dividend made after such declaration,

the amount so declared and distributed shall, to the extent the company elects in such return in accordance with regulations prescribed by the Secretary, be considered as having been paid during such taxable year, except as provided in subsections (b) and (c). For purposes of paragraph (2), a dividend attributable to any short-term capital gain with respect to which a notice is required under the Investment Company Act of 1940 shall be treated as the same type of dividend as a capital gain dividend.

(b)

Receipt by shareholder

(c)

Foreign tax election

(Aug. 16, 1954, ch. 736, 68A Stat. 274; Pub. L. 86–779, § 10(b)(2), Sept. 14, 1960, 74 Stat. 1009; Pub. L. 88–272, title II, § 229(a)(5), Feb. 26, 1964, 78 Stat. 99; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 99–514, title VI, §§ 651(b)(1)(B), 655(a)(5),

cite as: 26 USC 855