2013 US Code
Title 26 - Internal Revenue Code
Subtitle A - Income Taxes (§§ 1 - 1564)
Chapter 1 - NORMAL TAXES AND SURTAXES (§§ 1 - 1400U-3)
Subchapter K - Partners and Partnerships (§§ 701 - 777)
Part IV - SPECIAL RULES FOR ELECTING LARGE PARTNERSHIPS (§§ 771 - 777)
Section 773 - Computations at partnership level
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 26 - INTERNAL REVENUE CODE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 26 - INTERNAL REVENUE CODE Subtitle A - Income Taxes CHAPTER 1 - NORMAL TAXES AND SURTAXES Subchapter K - Partners and Partnerships PART IV - SPECIAL RULES FOR ELECTING LARGE PARTNERSHIPS Sec. 773 - Computations at partnership level |
Contains | section 773 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | Added Pub. L. 105-34, title XII, §1221(a), Aug. 5, 1997, 111 Stat. 1004. |
Statutes at Large Reference | 111 Stat. 1004 |
Public Law Reference | Public Law 105-34 |
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The taxable income of an electing large partnership shall be computed in the same manner as in the case of an individual except that—
(A) the items described in section 772(a) shall be separately stated, and
(B) the modifications of subsection (b) shall apply.
(2) ElectionsAll elections affecting the computation of the taxable income of an electing large partnership or the computation of any credit of an electing large partnership shall be made by the partnership; except that the election under section 901, and any election under section 108, shall be made by each partner separately.
(3) Limitations, etc. (A) In generalExcept as provided in subparagraph (B), all limitations and other provisions affecting the computation of the taxable income of an electing large partnership or the computation of any credit of an electing large partnership shall be applied at the partnership level (and not at the partner level).
(B) Certain limitations applied at partner levelThe following provisions shall be applied at the partner level (and not at the partnership level):
(i) Section 68 (relating to overall limitation on itemized deductions).
(ii) Sections 49 and 465 (relating to at risk limitations).
(iii) Section 469 (relating to limitation on passive activity losses and credits).
(iv) Any other provision specified in regulations.
(4) Coordination with other provisionsParagraphs (2) and (3) shall apply notwithstanding any other provision of this chapter other than this part.
(b) Modifications to determination of taxable incomeIn determining the taxable income of an electing large partnership—
(1) Certain deductions not allowedThe following deductions shall not be allowed:
(A) The deduction for personal exemptions provided in section 151.
(B) The net operating loss deduction provided in section 172.
(C) The additional itemized deductions for individuals provided in part VII of subchapter B (other than section 212 thereof).
(2) Charitable deductionsIn determining the amount allowable under section 170, the limitation of section 170(b)(2) shall apply.
(3) Coordination with section 67In lieu of applying section 67, 70 percent of the amount of the miscellaneous itemized deductions shall be disallowed.
(c) Special rules for income from discharge of indebtednessIf an electing large partnership has income from the discharge of any indebtedness—
(1) such income shall be excluded in determining the amounts referred to in section 772(a), and
(2) in determining the income tax of any partner of such partnership—
(A) such income shall be treated as an item required to be separately taken into account under section 772(a), and
(B) the provisions of section 108 shall be applied without regard to this part.
(Added Pub. L. 105–34, title XII, §1221(a), Aug. 5, 1997, 111 Stat. 1004.)
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