26 U.S.C. § 774
Section 774 · Other modifications
Current version, with additions and removals from the August 5, 1997 version.
In the case of an electing large partnership—
In the case of an electing large partnership—
(1) computations under section 773 shall be made without regard to any adjustment under section 743(b) or 108(b), but
(1) computations under section 773 shall be made without regard to any adjustment under section 743(b) or 108(b), but
(2) a partner's distributive share of any amount referred to in section 772(a) shall be appropriately adjusted to take into account any adjustment under section 743(b) or 108(b) with respect to such partner.
(2) a partner's distributive share of any amount referred to in section 772(a) shall be appropriately adjusted to take into account any adjustment under section 743(b) or 108(b) with respect to such partner.
(1) In general
(1) In general
In the case of an electing large partnership—
In the case of an electing large partnership—
(A) any credit recapture shall be taken into account by the partnership, and
(A) any credit recapture shall be taken into account by the partnership, and
(B) the amount of such recapture shall be determined as if the credit with respect to which the recapture is made had been fully utilized to reduce tax.
(B) the amount of such recapture shall be determined as if the credit with respect to which the recapture is made had been fully utilized to reduce tax.
(2) Method of taking recapture into account
(2) Method of taking recapture into account
An electing large partnership shall take into account a credit recapture by reducing the amount of the appropriate current year credit to the extent thereof, and if such recapture exceeds the amount of such current year credit, the partnership shall be liable to pay such excess.
An electing large partnership shall take into account a credit recapture by reducing the amount of the appropriate current year credit to the extent thereof, and if such recapture exceeds the amount of such current year credit, the partnership shall be liable to pay such excess.
(3) Dispositions not to trigger recapture
(3) Dispositions not to trigger recapture
No credit recapture shall be required by reason of any transfer of an interest in an electing large partnership.
No credit recapture shall be required by reason of any transfer of an interest in an electing large partnership.
(4) Credit recapture
(4) Credit recapture
For purposes of this subsection, the term “credit recapture” means any increase in tax under section 42(j) or 50(a).
For purposes of this subsection, the term “credit recapture” means any increase in tax under section 42(j) or 50(a).
Subparagraph (B) of section 708(b)(1) shall not apply to an electing large partnership.
Subparagraph (B) of section 708(b)(1) shall not apply to an electing large partnership.
The following shall be allowed to an electing large partnership and shall not be taken into account by the partners of such partnership:
The following shall be allowed to an electing large partnership and shall not be taken into account by the partners of such partnership:
(1) The credit provided by section 34.
(1) The credit provided by section 34.
For purposes of applying section 860E(e)(6) to any electing large partnership—
For purposes of applying section 860E(e)(6) to any electing large partnership—
(1) all interests in such partnership shall be treated as held by disqualified organizations,
(1) all interests in such partnership shall be treated as held by disqualified organizations,
(2) in lieu of applying subparagraph (C) of section 860E(e)(6), the amount subject to tax under section 860E(e)(6) shall be excluded from the gross income of such partnership, and
(2) in lieu of applying subparagraph (C) of section 860E(e)(6), the amount subject to tax under section 860E(e)(6) shall be excluded from the gross income of such partnership, and
(3) subparagraph (D) of section 860E(e)(6) shall not apply.
(3) subparagraph (D) of section 860E(e)(6) shall not apply.
In the case of an electing large partnership—
In the case of an electing large partnership—
(1) the provisions of sections 453(l)(3) and 453A shall be applied at the partnership level, and
(1) the provisions of sections 453(l)(3) and 453A shall be applied at the partnership level, and
(2) in determining the amount of interest payable under such sections, such partnership shall be treated as subject to tax under this chapter at the highest rate of tax in effect under section 1 or 11.
(2) in determining the amount of interest payable under such sections, such partnership shall be treated as subject to tax under this chapter at the highest rate of tax in effect under section 1 or 11.