§ 858. Dividends paid by real estate investment trust after close of taxable year
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/usc/title-26/section-858A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General rule For purposes of this part, if a real estate investment trust—
(1)declares a dividend before the time prescribed by law for the filing of its return for a taxable year (including the period of any extension of time granted for filing such return), and
(2)distributes the amount of such dividend to shareholders or holders of beneficial interests in the 12-month period following the close of such taxable year and not later than the date of the first regular dividend payment made after such declaration,
the amount so declared and distributed shall, to the extent the trust elects in such return (and specifies in dollar amounts) in accordance with regulations prescribed by the Secretary, be considered as having been paid only during such taxable year, except as provided in subsections
(b)and (c).
(b)Receipt by shareholder Except as provided in section 857(b)(9), amounts to which subsection
(a)applies shall be treated as received by the shareholder or holder of a beneficial interest in the taxable year in which the distribution is made.
(c)Notice to shareholders In the case of amounts to which subsection
(a)applies, any notice to shareholders or holders of beneficial interests required under this part with respect to such amounts shall be made not later than 30 days after the close of the taxable year in which the distribution is made (or mailed to its shareholders or holders of beneficial interests with its annual report for the taxable year).
(Added Pub. L. 86–779, § 10(a), Sept. 14, 1960, 74 Stat. 1008; amended Pub. L. 94–455, title XVI, §§ 1604(h), title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1752, 1834; Pub. L. 99–514, title VI, §§ 665(b)(2), 668(b)(1)(B), Oct. 22, 1986, 100 Stat. 2304, 2307; Pub. L. 100–647, title I, § 1018(u)(27), Nov. 10, 1988, 102 Stat. 3591; Pub. L. 113–295, div. A, title II, § 220(m), Dec. 19, 2014, 128 Stat. 4036.)
Connections22 cite this · traces to 3
Cited by 22 sections
CFR
- § 1.856-4Rents from real property.
- § 1.857-2Real estate investment trust taxable income and net capital gain.
- § 1.856-1Definition of real estate investment trust.
- § 1.858-1Dividends paid by a real estate investment trust after close of taxable year.
- § 1.857-6Method of taxation of shareholders of real estate investment trusts.
- § 1.856-8Revocation or termination of election.
- § 1.857-10Information returns.
- § 1.857-7Earnings and profits of a real estate investment trust.
- § 1.857-5Net income and loss from prohibited transactions.
- § 1.857-8Records to be kept by a real estate investment trust.
- § 1.856-3Definitions.
- § 1.857-3Net income from foreclosure property.
- § 1.857-4Tax imposed by reason of the failure to meet certain source-of-income requirements.
- § 1.857-1Taxation of real estate investment trusts.
- § 1.856-7Certain corporations, etc., that are considered to meet the gross income requirements.
- § 1.856-0Revenue Act of 1978 amendments not included.
- § 1.856-5Interest.
- § 1.856-6Foreclosure property.
- § 1.856-2Limitations.
- § 1.857-9Information required in returns of shareholders.
Traces to 3 documents
22 references not yet in our index
- Pub. L. 86–779, § 10(a)
- 74 Stat. 1008
- Pub. L. 94–455, title XVI
- 90 Stat. 1752
- Pub. L. 99–514, title VI
- 100 Stat. 2304
- Pub. L. 100–647, title I, § 1018(u)(27)
- 102 Stat. 3591
- 128 Stat. 4036
- Pub. L. 100–647, § 1018(u)(27)
- Pub. L. 99–514
- Pub. L. 99–514, § 668(b)(1)(B)
- Pub. L. 99–514, § 665(b)(2)
- Pub. L. 94–455
- Pub. L. 100–647
- section 1019(a) of Pub. L. 100–647
- section 665(b)(2) of Pub. L. 99–514
- section 668(b)(1)(B) of Pub. L. 99–514
- section 669 of Pub. L. 99–514
- section 1604(h) of Pub. L. 94–455
- section 1608(d) of Pub. L. 94–455
- section 10(k) of Pub. L. 86–779
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§ 858
Dividends paid by real estate investment trust after close of taxable year
C.F.R.×20
Stat.×2
Pub. L.Pub. L. 86–779, § 10(a)
Stat.74 Stat. 1008
Pub. L.Pub. L. 94–455, title XVI
Stat.90 Stat. 1752
Pub. L.Pub. L. 99–514, title VI
Cites 25 · showing 8Cited by 22 across 2 sources