The formulas
- Tier amounts: 50% of dividends under 20% owned, 65% of dividends from 20% owned, 100% for qualifying affiliated dividends
- Limit on 65% tier = 65% x taxable income
- Limit on 50% tier = 50% x (taxable income - dividends from 20% owned corporations)
- No limit when the year has a net operating loss, including one the full deduction creates; the 100% tier is not limited
How it works
Section 243 gives a corporation a deduction for dividends received from a domestic corporation: 50 percent in general, 65 percent when the payer is 20 percent owned by vote and value, and 100 percent for qualifying dividends within an affiliated group.
Section 246(b) caps the 50 and 65 percent deductions by a percentage of taxable income. The cap is applied first to the 20 percent owned dividends at 65 percent, then to the others at 50 percent of taxable income reduced by the 20 percent owned dividends. A year with a net operating loss has no cap, including a loss created by the full deduction under section 246(b)(2). Holding period rules, debt-financed stock and the small business investment company rule are not modeled.
Illustrative figures only. Check the result against your firm's methodology before relying on it.
Common questions
When does the 100 percent deduction apply?
For qualifying dividends between members of the same affiliated group that meet section 243(b).
Which taxable income do I enter?
The figure computed without the deductions under sections 172, 199A, 243(a)(1), 245(a) and (b) and 250, without any section 1059 adjustment and without capital loss carrybacks, as section 246(b)(1) directs.
What counts as 20 percent owned?
A corporation of which you own 20 percent or more of the stock by vote and value.
Sources
- 26 U.S.C. 243, Dividends received by corporations, Legal Information Institute
- 26 U.S.C. 246, Rules applying to deductions for dividends received, Legal Information Institute
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