26 U.S.C. § 4982: Excise tax on undistributed income of regulated investment companies

the required distribution for such calendar year, over the distributed amount for such calendar year. 98 percent of the regulated investment company’s ordinary income for such calendar year, plus 98.2 percent of the regulated investment company’s capital gain net income for the 1-year period ending on October 31 of such calendar year. the grossed up required distribution for the preceding calendar year, over the distributed amount for such preceding calendar year. with the application of paragraph (2) to such taxable year, and by substituting “100 percent” for each percentage set forth in paragraph (1). the deduction for dividends paid (as defined in section 561) during such calendar year, and 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. the distributed amount for the preceding calendar year (determined with the application of this paragraph to such preceding calendar year), over the grossed up required distribution for such preceding calendar year. the provisions of section 855, and any exempt-interest dividend as defined in section 852(b)(5). 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 the distributed amount with respect to such company for the following calendar year shall be reduced by the amount of such increase. For purposes of this paragraph, the term “qualified estimated tax payments” 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. The tax imposed by this section for any calendar year shall be paid on or before March 15 of the following calendar year. without regard to subparagraphs (A) and (D) of section 852(b)(2), by not taking into account any gain or loss from the sale or exchange of a capital asset, and by treating the calendar year as the company’s taxable year. Except as provided in subparagraph (B), the term “capital gain net income” 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’s taxable year). The amount determined under subparagraph (A) shall be reduced (but not below the net capital gain) by the amount of the company’s net ordinary loss for the calendar year. The term “net capital gain” 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’s taxable year). 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). such dividend shall be taken into account when paid without regard to section 860, and any income giving rise to the adjustment shall be treated as arising when the dividend is paid. the taxable year of the regulated investment company ends with the month of November or December, and such company makes an election under this paragraph, An election under this paragraph, once made, may be revoked only with the consent of the Secretary. 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. The term “specified gain” 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). The term “specified loss” 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). 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’s taxable year for October 31. For purposes of determining a regulated investment company’s ordinary income, notwithstanding paragraph (1)(C), each specified mark to market provision shall be applied as if such company’s 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’s taxable year for October 31. For purposes of this paragraph, the term “specified mark to market provision” 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. 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 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. a trust described in section 401(a) and exempt from tax under section 501(a), a segregated asset account of a life insurance company held in connection with variable contracts (as defined in section 817(d)), any other tax-exempt entity whose ownership of beneficial interests in the company would not preclude the application of section 817(h)(4), or another regulated investment company described in this subsection.