Internal Revenue Code:Sec. 58. Denial of certain losses
From TaxAlmanac, A Free Online Resource
Note: You are using this website at your own risk, subject to our Disclaimer and Website Use and Contribution Terms.
From TaxAlmanac
Contents |
Location in Internal Revenue Code
TITLE 26 - INTERNAL REVENUE CODE
Subtitle A - Income Taxes
CHAPTER 1 - NORMAL TAXES AND SURTAXES
Subchapter A - Determination of Tax Liability
PART VI - ALTERNATIVE MINIMUM TAX
Statute
Sec. 58. Denial of certain losses
(a) Denial of farm loss
(1) In general
For purposes of computing the amount of the alternative minimum
taxable income for any taxable year of a taxpayer other than a
corporation -
(A) Disallowance of farm loss
No loss of the taxpayer for such taxable year from any tax
shelter farm activity shall be allowed.
(B) Deduction in succeeding taxable year
Any loss from a tax shelter farm activity disallowed under
subparagraph (A) shall be treated as a deduction allocable to
such activity in the 1st succeeding taxable year.
(2) Tax shelter farm activity
For purposes of this subsection, the term ''tax shelter farm
activity'' means -
(A) any farming syndicate as defined in section 464(c), and
(B) any other activity consisting of farming which is a
passive activity (within the meaning of section 469(c)).
(3) Application to personal service corporations
For purposes of paragraph (1), a personal service corporation
(within the meaning of section 469(j)(2)) shall be treated as a
taxpayer other than a corporation.
(4) Determination of loss
In determining the amount of the loss from any tax shelter farm
activity, the adjustments of sections 56 and 57 shall apply.
(b) Disallowance of passive activity loss
In computing the alternative minimum taxable income of the
taxpayer for any taxable year, section 469 shall apply, except that
in applying section 469 -
(1) the adjustments of sections 56 and 57 shall apply,
(2) the provisions of section 469(m) (relating to phase-in of
disallowance) shall not apply, and
(3) in lieu of applying section 469(j)(7), the passive activity
loss of a taxpayer shall be computed without regard to qualified
housing interest (as defined in section 56(e)).
(c) Special rules
For purposes of this section -
(1) Special rule for insolvent taxpayers
(A) In general
The amount of losses to which subsection (a) or (b) applies
shall be reduced by the amount (if any) by which the taxpayer
is insolvent as of the close of the taxable year.
(B) Insolvent
For purposes of this paragraph, the term ''insolvent'' means
the excess of liabilities over the fair market value of assets.
(2) Loss allowed for year of disposition of farm shelter activity
If the taxpayer disposes of his entire interest in any tax
shelter farm activity during any taxable year, the amount of the
loss attributable to such activity (determined after carryovers
under subsection (a)(1)(B)) shall (to the extent otherwise
allowable) be allowed for such taxable year in computing
alternative minimum taxable income and not treated as a loss from
a tax shelter farm activity.
Sources
(Added Pub. L. 99-514, title VII, Sec. 701(a), Oct. 22, 1986, 100
Stat. 2335; amended Pub. L. 100-203, title X, Sec. 10212(b), Dec.
22, 1987, 101 Stat. 1330-406; Pub. L. 100-647, title I, Sec.
1007(d), Nov. 10, 1988, 102 Stat. 3432.)
Miscellaneous
PRIOR PROVISIONS
A prior section 58, added Pub. L. 91-172, title III, Sec. 301(a),
Dec. 30, 1969, 83 Stat. 583; amended Pub. L. 92-178, title III,
Sec. 308(a), Dec. 10, 1971, 85 Stat. 524; Pub. L. 94-455, title
III, Sec. 301(d), title XIX, Sec. 1901(b)(40), 1906(b)(13)(A), Oct.
4, 1976, 90 Stat. 1553, 1803, 1834; Pub. L. 95-600, title IV, Sec.
421(c), 423(a), title VII, Sec. 701(b)(2), Nov. 6, 1978, 92 Stat.
2875, 2877, 2898; Pub. L. 96-222, title I, Sec. 107(a)(1)(C), Apr.
1, 1980, 94 Stat. 222; Pub. L. 97-248, title II, Sec. 201(c)(1),
Sec. 201(d)(3), formerly Sec. 201(c)(3), Sept. 3, 1982, 96 Stat.
417, 419, renumbered Sec. 201(d)(3), Pub. L. 97-448, title III,
Sec. 306(a)(1)(A)(i), Jan. 12, 1983, 96 Stat. 2400; Pub. L. 97-354,
Sec. 3(c), 5(a)(16), Oct. 19, 1982, 96 Stat. 1688, 1693; Pub. L.
97-448, title I, Sec. 102(b)(2), Jan. 12, 1983, 96 Stat. 2369; Pub.
L. 98-369, div. A, title VII, Sec. 711(a)(2), (3)(B), July 18,
1984, 98 Stat. 942; Pub. L. 99-514, title XVIII, Sec. 1875(a), Oct.
22, 1986, 100 Stat. 2894, related to rules for application of
minimum tax for tax preferences, prior to the general revision of
this part by Pub. L. 99-514, Sec. 701(a).
AMENDMENTS
1988 - Subsec. (a)(2). Pub. L. 100-647, Sec. 1007(d)(1), struck
out ''(as modified by section 461(i)(4)(A))'' after ''section
464(c)'' in subpar. (A) and substituted ''section 469(c)'' for
''section 469(d), without regard to paragraph (1)(B) thereof'' in
subpar. (B).
Subsec. (a)(3). Pub. L. 100-647, Sec. 1007(d)(2), substituted
''469(j)(2)'' for ''469(g)(1)(C)''.
Subsec. (a)(4). Pub. L. 100-647, Sec. 1007(d)(3), added par. (4).
Subsec. (b). Pub. L. 100-647, Sec. 1007(d)(4), added pars. (1) to
(3) and struck out former pars. (1) to (3) which read as follows:
''(1) the adjustments of section 56 shall apply,
''(2) any deduction to the extent such deduction is an item of
tax preference under section 57(a) shall not be taken into account,
and
''(3) the provisions of section 469(m) (relating to phase-in of
disallowance) shall not apply.''
1987 - Subsec. (b)(3). Pub. L. 100-203 substituted ''section
469(m)'' for ''section 469(l)''.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-647 effective, except as otherwise
provided, as if included in the provision of the Tax Reform Act of
1986, Pub. L. 99-514, to which such amendment relates, see section
1019(a) of Pub. L. 100-647, set out as a note under section 1 of
this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Section 10212(c) of Pub. L. 100-203 provided that: ''The
amendments made by this section (amending this section and sections
163 and 469 of this title) shall take effect as if included in the
amendments made by section 501 of the Tax Reform Act of 1986
(section 501 of Pub. L. 99-514, see section 501(c) of Pub. L.
99-514, set out as an Effective Date note under section 469 of this
title).''
EFFECTIVE DATE
Section applicable to taxable years beginning after Dec. 31,
1986, with certain exceptions and qualifications, see section
701(f) of Pub. L. 99-514, set out as a note under section 55 of
this title.
APPLICABILITY OF 1986 REPEAL
Pub. L. 101-239, title VII, Sec. 7811(d)(1)(B), Dec. 19, 1989,
103 Stat. 2408, provided that: ''The repeal of section 58(h) of the
Internal Revenue Code of 1954 by the Tax Reform Act of 1986 (Pub.
L. 99-514) shall be effective only with respect to items of tax
preference arising in taxable years beginning after December 31,
1986.''
APPLICABILITY OF CERTAIN AMENDMENTS BY PUB. L. 99-514 IN RELATION
TO TREATY OBLIGATIONS OF UNITED STATES
For applicability of amendment by section 701(a) of Pub. L.
99-514 (enacting this section) notwithstanding any treaty
obligation of the United States in effect on Oct. 22, 1986, with
provision that for such purposes any amendment by title I of Pub.
L. 100-647 be treated as if it had been included in the provision
of Pub. L. 99-514 to which such amendment relates, see section
1012(aa)(2), (4) of Pub. L. 100-647, set out as a note under
section 861 of this title.
References
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 55, 56, 59, 772 of this
title.
