I.R.C. § 1398(a) Cases To Which Section Applies —
Except as provided in subsection (b), this section shall apply to any case under
chapter 7 (relating to liquidations)
or chapter 11 (relating to reorganizations) of title 11 of the United States Code
in which the debtor is an individual.
I.R.C. § 1398(b) Exceptions Where Case Is Dismissed, Etc.
I.R.C. § 1398(b)(1) Section Does Not Apply Where Case Is Dismissed —
This section shall not apply if the case under chapter 7 or 11 of title 11 of the
United States Code is dismissed.
I.R.C. § 1398(b)(2) Section Does Not Apply At Partnership Level —
For purposes of subsection (a), a partnership shall not be treated as an individual,
but the interest in a partnership of a debtor who is an individual shall be taken
into account under this section in the same manner as any other interest of the debtor.
I.R.C. § 1398(c) Computation And Payment Of Tax; Basic Standard Deduction
I.R.C. § 1398(c)(1) Computation And Payment Of Tax —
Except as otherwise provided in this section, the taxable income of the estate shall
be computed in the same manner as for an individual. The tax shall be computed on
such taxable income and shall be paid by the trustee.
I.R.C. § 1398(c)(2) Tax Rates —
The tax on the taxable income of the estate shall be determined under subsection
(d) of section 1.
I.R.C. § 1398(c)(3) Basic Standard Deduction —
In the case of an estate which does not itemize deductions, the basic standard deduction
for the estate for the taxable year shall be the same as for a married individual
filing a separate return for such year.
I.R.C. § 1398(d) Taxable Year Of Debtors
I.R.C. § 1398(d)(1) General Rule —
Except as provided in paragraph (2), the taxable year of the debtor shall be determined
without regard to the case under title 11 of the United States Code to which this
section applies.
I.R.C. § 1398(d)(2) Election To Terminate Debtor's Year When Case Commences
I.R.C. § 1398(d)(2)(A) In General —
Notwithstanding section 442, the debtor may (without the approval of the Secretary)
elect to treat the debtor's taxable year which includes the commencement date as
2 taxable years--
I.R.C. § 1398(d)(2)(A)(i) —
the first of which ends on the day before the commencement date, and
I.R.C. § 1398(d)(2)(A)(ii) —
the second of which begins on the commencement date.
I.R.C. § 1398(d)(2)(B) Spouse May Join In Election —
In the case of a married individual (within the meaning of section 7703), the spouse may elect to have the debtor's election under subparagraph
(A) also apply to the spouse, but only if the debtor and the spouse file a joint
return for the taxable year referred to in subparagraph
(A)(i).
I.R.C. § 1398(d)(2)(C) No Election Where Debtor Has No Assets —
No election may be made under subparagraph (A) by a debtor who has no assets other
than property which the debtor may treat as exempt property under section 522 of
title 11 of the United States Code.
I.R.C. § 1398(d)(2)(D) Time For Making Election —
An election under subparagraph (A) or (B) may be made only on or before the due
date for filing the return for the taxable year referred to in subparagraph (A)(i).
Any such election, once made, shall be irrevocable.
I.R.C. § 1398(d)(2)(E) Returns —
A return shall be made for each of the taxable years specified in subparagraph (A).
I.R.C. § 1398(d)(2)(F) Annualization —
I.R.C. § 1398(d)(3) Commencement Date Defined —
For purposes of this subsection, the term “commencement date” means the
day on which the case under title 11 of the United States Code to which this section
applies commences.
I.R.C. § 1398(e) Treatment Of Income, Deductions, And Credits
I.R.C. § 1398(e)(1) Estate's Share Of Debtor's Income —
The gross income of the estate for each taxable year shall include the gross income
of the debtor to which the estate is entitled under title 11 of the United States
Code. The preceding sentence shall not apply to any amount received or accrued by
the debtor before the commencement date (as defined in subsection (d)(3)).
I.R.C. § 1398(e)(2) Debtor's Share Of Debtor's Income —
The gross income of the debtor for any taxable year shall not include any item to
the extent that such item is included in the gross income of the estate by reason
of paragraph (1).
I.R.C. § 1398(e)(3) Rule For Making Determinations With Respect To Deductions, Credits, And Employment
Taxes —
Except as otherwise provided in this section, the determination of whether or not
any amount paid or incurred by the estate--
I.R.C. § 1398(e)(3)(A) —
is allowable as a deduction or credit under this chapter, or
I.R.C. § 1398(e)(3)(B) —
is wages for purposes of subtitle C, shall be made as if the amount were paid or
incurred by the debtor and as if the debtor were still engaged in the trades and
businesses, and in the activities, the debtor was engaged in before the commencement
of the case.
I.R.C. § 1398(f) Treatment Of Transfers Between Debtor And Estate
I.R.C. § 1398(f)(1) Transfer To Estate Not Treated As Disposition —
A transfer (other than by sale or exchange) of an asset from the debtor to the estate
shall not be treated as a disposition for purposes of any provision of this title
assigning tax consequences to a disposition, and the estate shall be treated as the
debtor would be treated with respect to such asset.
I.R.C. § 1398(f)(2) Transfer From Estate To Debtor Not Treated As Disposition —
In the case of a termination of the estate, a transfer
(other than by sale or exchange) of an asset from the estate to the debtor shall
not be treated as a disposition for purposes of any provision of this title assigning
tax consequences to a disposition, and the debtor shall be treated as the estate
would be treated with respect to such asset.
I.R.C. § 1398(g) Estate Succeeds To Tax Attributes Of Debtor —
The estate shall succeed to and take into account the following items (determined
as of the first day of the debtor's taxable year in which the case commences) of
the debtor--
I.R.C. § 1398(g)(1) Net Operating Loss Carryovers —
The net operating loss carryovers determined under section 172.
I.R.C. § 1398(g)(2) Charitable Contributions Carryovers —
The carryover of excess charitable contributions determined under section 170(d)(1).
I.R.C. § 1398(g)(3) Recovery Of Tax Benefit Items —
Any amount to which section 111 (relating to recovery of tax benefit items) applies.
I.R.C. § 1398(g)(4) Credit Carryovers, Etc. —
The carryovers of any credit, and all other items which, but for the commencement
of the case, would be required to be taken into account by the debtor with respect
to any credit.
I.R.C. § 1398(g)(5) Capital Loss Carryovers —
The capital loss carryover determined under section 1212.
I.R.C. § 1398(g)(6) Basis, Holding Period, And Character Of Assets —
In the case of any asset acquired (other than by sale or exchange) by the estate
from the debtor, the basis, holding period, and character it had in the hands of
the debtor.
I.R.C. § 1398(g)(8) Other Attributes —
Other tax attributes of the debtor, to the extent provided in regulations prescribed
by the Secretary as necessary or appropriate to carry out the purposes of this section.
I.R.C. § 1398(h) Administration, Liquidation, And Reorganization Expenses; Carryovers And Carrybacks
Of Certain Excess Expenses
I.R.C. § 1398(h)(1) Administration, Liquidation, And Reorganization Expenses —
Any administrative expense allowed under section 503 of title 11 of the United States
Code, and any fee or charge assessed against the estate under chapter 123 of title
28 of the United States Code, to the extent not disallowed under any other provision
of this title, shall be allowed as a deduction.
I.R.C. § 1398(h)(2) Carryback And Carryover Of Excess Administrative Costs, Etc., To Estate Taxable Years
I.R.C. § 1398(h)(2)(A) Deduction Allowed —
There shall be allowed as a deduction for the taxable year an amount equal to the
aggregate of (i) the administrative expense carryovers to such year, plus (ii) the
administrative expense carrybacks to such year.
I.R.C. § 1398(h)(2)(B) Administrative Expense Loss, Etc. —
If a net operating loss would be created or increased for any estate taxable year
if section 172(c) were applied without the modification contained in paragraph (4) of section 172(d), then the amount of the net operating loss so created (or the amount of the increase
in the net operating loss) shall be an administrative expense loss for such taxable
year which shall be an administrative expense carryback to each of the 3 preceding
taxable years and an administrative expense carryover to each of the 7 succeeding
taxable years.
I.R.C. § 1398(h)(2)(C) Determination Of Amount Carried To Each Taxable Year —
The portion of any administrative expense loss which may be carried to any other
taxable year shall be determined under section 172(b)(2), except that for each taxable year the computation under section 172(b)(2) with respect to the net operating loss shall be made before the computation under
this paragraph.
I.R.C. § 1398(h)(2)(D) Administrative Expense Deductions Allowed Only To Estate —
The deductions allowable under this chapter solely by reason of paragraph (1), and
the deduction provided by subparagraph
(A) of this paragraph, shall be allowable only to the estate.
I.R.C. § 1398(i) Debtor Succeeds To Tax Attributes Of Estate —
In the case of a termination of an estate, the debtor shall succeed to and take
into account the items referred to in paragraphs
(1), (2), (3), (4), (5), and (6) of subsection (g) in a manner similar to that provided
in such paragraphs (but taking into account that the transfer is from the estate
to the debtor instead of from the debtor to the estate). In addition, the debtor
shall succeed to and take into account the other tax attributes of the estate, to
the extent provided in regulations prescribed by the Secretary as necessary or appropriate
to carry out the purposes of this section.
I.R.C. § 1398(j) Other Special Rules
I.R.C. § 1398(j)(1) Change Of Accounting Period Without Approval —
Notwithstanding section 442, the estate may change its annual accounting period one time without the approval
of the Secretary.
I.R.C. § 1398(j)(2) Treatment Of Certain Carrybacks
I.R.C. § 1398(j)(2)(A) Carrybacks From Estate —
If any carryback year of the estate is a taxable year before the estate's first
taxable year, the carryback to such carryback year shall be taken into account for
the debtor's taxable year corresponding to the carryback year.
I.R.C. § 1398(j)(2)(B) Carrybacks From Debtor's Activities —
The debtor may not carry back to a taxable year before the debtor's taxable year
in which the case commences any carryback from a taxable year ending after the case
commences.
I.R.C. § 1398(j)(2)(C) Carryback And Carryback Year Defined —
For purposes of this paragraph--
I.R.C. § 1398(j)(2)(C)(i) Carryback —
The term “carryback” means a net operating loss carryback under section
172 or
a carryback of any credit provided by part IV of subchapter A.
I.R.C. § 1398(j)(2)(C)(ii) Carryback Year —
The term “carryback year” means the taxable year to which a carryback
is carried.
(Added Pub. L. 96-589, 3(a)(1), Dec. 24, 1980, 94 Stat.
3397, and amended Pub. L. 99-514, title I, 104(b)(14), title XIII,
1301(j)(8), title XVIII, 1812(a)(5), Oct. 22, 1986, 100 Stat. 2105, 2658, 2833.)
BACKGROUND NOTES
Amendments to Part
1980--Pub. L. 96-589, 3(a)(1), Dec. 24, 1980, 94 Stat. 3397, added subchapter V heading “Title 11 Cases” and items 1398 and 1399.
AMENDMENTS
1986--Subsec. (c). Pub. L. 99-514, 104(b)(14)(A), substituted “basic standard deduction” for
“zero bracket amount” in heading.
Subsec. (c)(3). Pub. L. 99-514, 104(b)(14)(B), amended par. (3) generally, substituting “Basic standard deduction"
for “Amount of zero bracket amount” in heading and substituting “In
the case of an estate which does not itemize deductions, the basic standard deduction
for the estate” for “The amount of the estate's zero bracket amount”
in text.
Subsec. (d)(2)(B). Pub. L. 99-514, 1301(j)(8), substituted “section 7703” for “section 143”.
Subsec. (g)(3). Pub. L. 99-514, 1812(a)(5), amended par. (3) generally. Prior to amendment, par. (3), recovery exclusion,
read as follows: “Any recovery exclusion under section 111 (relating to recovery
of bad debts, prior taxes, and delinquency amounts).”
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 104(b)(14) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, see section 151(a) of
Pub. L. 99-514, set out as a note under section 1 of this title.
Amendment by section 1301(j)(8) of Pub. L. 99-514 applicable to bonds issued after Aug. 15, 1986, except as otherwise provided, see
sections 1311 to 1318 of Pub. L. 99-514, set out as an Effective Date; Transitional Rules note under section 141 of this
title.
Amendment by section 1812(a)(5) of Pub. L. 99-514 effective, except as otherwise provided, as if included in the provisions of the
Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99-514, set out as a note under section 48 of this title.
EFFECTIVE DATE
Subchapter applicable to bankruptcy cases commencing more than 90 days after Dec.
24, 1980, see section 7(b) of Pub. L. 96-589, set out as an Effective Date of 1980 Amendment note under section 108 of this title.
