The date of the enactment of this paragraph, referred to in subsec. (a)(2)(A), is the date of enactment of Pub. L. 106–554, which was approved
Section 1400B(b), referred to in subsec. (a)(2)(B), was repealed by Pub. L. 115–141, div. U, title IV, § 401(d)(4)(A),
The date of the enactment of this paragraph, referred to in subsec. (a)(3), is the date of enactment of Pub. L. 111–5, which was approved
The date of the enactment of the Creating Small Business Jobs Act of 2010, referred to in subsec. (a)(3), (4), is the date of enactment of Pub. L. 111–240, which was approved
The date of the enactment of this paragraph, referred to in subsec. (a)(6)(A), is the date of enactment of Pub. L. 119–21, which was approved
The date of the enactment of the Revenue Reconciliation Act of 1993, referred to in subsecs. (c)(1) and (d)(1)(A), is the date of enactment of Pub. L. 103–66, which was approved
Section 301(d) of the Small Business Investment Act of 1958, referred to in subsec. (c)(2)(B)(ii), was classified to section 681(d) of Title 15, Commerce and Trade, prior to repeal by Pub. L. 104–208, div. D, title II, § 208(b)(3)(A),
A prior section 1202, acts Aug. 16, 1954, ch. 736, 68A Stat. 320;
2025—Subsec. (a)(1). Pub. L. 119–21, § 70431(a)(1), amended par. (1) generally. Prior to amendment, text read as follows: “In the case of a taxpayer other than a corporation, gross income shall not include 50 percent of any gain from the sale or exchange of qualified small business stock held for more than 5 years.”
Subsec. (a)(3)(A). Pub. L. 119–21, § 70431(a)(5)(A), substituted “paragraph (1)(A)” for “paragraph (1)”.
Subsec. (a)(4). Pub. L. 119–21, § 70431(a)(5)(B), which directed amendment of par. (4)(A) of subsec. (a) by inserting “and on or before the applicable date” after “2010”, was executed by making the insertion in introductory provisions of par. (4) to reflect the probable intent of Congress.
Subsec. (a)(4)(A). Pub. L. 119–21, § 70431(a)(5)(A), substituted “paragraph (1)(A)” for “paragraph (1)”.
Subsec. (a)(4)(C). Pub. L. 119–21, § 70431(a)(4)(B), struck out subpar. (C) which read as follows: “paragraph (7) of section 57(a) shall not apply.”
Subsec. (a)(5). Pub. L. 119–21, § 70431(a)(2), added par. (5).
Subsec. (a)(6). Pub. L. 119–21, § 70431(a)(3), added par. (6).
Subsec. (b)(1)(A). Pub. L. 119–21, § 70431(b)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “$10,000,000 reduced by the aggregate amount of eligible gain taken into account by the taxpayer under subsection (a) for prior taxable years and attributable to dispositions of stock issued by such corporation, or”.
Subsec. (b)(2). Pub. L. 119–21, § 70431(a)(5)(C), substituted “at least 3 years (more than 5 years in the case of stock acquired on or before the applicable date)” for “more than 5 years”.
Subsec. (b)(3)(A). Pub. L. 119–21, § 70431(b)(3), amended subpar. (A) generally. Prior to amendment, text read as follows: “In the case of a separate return by a married individual, paragraph (1)(A) shall be applied by substituting ‘$5,000,000’ for ‘$10,000,000’.”
Subsec. (b)(4). Pub. L. 119–21, § 70431(c)(2), added par. (4) relating to inflation adjustment. Paragraph was added as directed “at the end” of subsec. (b), and therefore after par. (5) of subsec. (b) as added by Pub. L. 119–21, § 70431(b)(2). See note below.
Pub. L. 119–21, § 70431(b)(2), added par. (4) relating to applicable dollar limit.
Subsec. (b)(5). Pub. L. 119–21, § 70431(b)(2), added par. (5).
Subsec. (d)(1)(A), (B). Pub. L. 119–21, § 70431(c)(1), substituted “$75,000,000” for “$50,000,000”.
Subsec. (e)(2)(B). Pub. L. 119–21, § 70302(b)(11), substituted “which are treated as foreign research or experimental expenditures under section 174 or domestic research or experimental expenditures under section 174A” for “which may be treated as research and experimental expenditures under section 174”.
Subsecs. (g)(2)(A), (j)(1)(A). Pub. L. 119–21, § 70431(a)(5)(C), substituted “at least 3 years (more than 5 years in the case of stock acquired on or before the applicable date)” for “more than 5 years”.
2018—Subsec. (a)(2)(B). Pub. L. 115–141, § 401(d)(4)(B)(v), inserted “(as in effect before its repeal)” after “1400B(b)”.
Subsec. (e)(4)(B) to (D). Pub. L. 115–141, § 401(d)(1)(D)(xv), redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out former subpar. (B) which read as follows: “a corporation with respect to which an election under section 936 is in effect or which has a direct or indirect subsidiary with respect to which such an election is in effect,”.
2015—Subsec. (a)(4). Pub. L. 114–113 substituted “and thereafter” for “, 2011, 2012, 2013, and 2014” in heading and struck out “and before
2014—Subsec. (a)(4). Pub. L. 113–295 substituted “2013, and 2014” for “and 2013” in heading and “
2013—Subsec. (a)(2)(C). Pub. L. 112–240, § 327(b), substituted “2018” for “2016” in heading and “
Subsec. (a)(3). Pub. L. 112–240, § 324(b)(1), inserted concluding provisions.
Subsec. (a)(4). Pub. L. 112–240, § 324(b)(2), inserted concluding provisions.
Pub. L. 112–240, § 324(a), substituted “, 2011, 2012, and 2013” for “and 2011” in heading and “
2010—Subsec. (a)(2)(C). Pub. L. 111–312, § 753(b), substituted “2016” for “2014” in heading and “
Subsec. (a)(3). Pub. L. 111–240, § 2011(b), inserted “certain periods in” before “2010” in heading and substituted “on or before the date of the enactment of the Creating Small Business Jobs Act of 2010” for “before
Subsec. (a)(4). Pub. L. 111–312, § 760(a), inserted “and 2011” after “2010” in heading and substituted “
Pub. L. 111–240, § 2011(a), added par. (4).
2009—Subsec. (a)(3). Pub. L. 111–5 added par. (3).
2004—Subsec. (e)(4)(C). Pub. L. 108–357 substituted “or REMIC” for “REMIC, or FASIT”.
2000—Pub. L. 106–554, § 1(a)(7) [title I, § 117(b)(2)], substituted “Partial” for “50-percent” in section catchline.
Subsec. (a). Pub. L. 106–554, § 1(a)(7) [title I, § 117(a)], amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “In the case of a taxpayer other than a corporation, gross income shall not include 50 percent of any gain from the sale or exchange of qualified small business stock held for more than 5 years.”
1996—Subsec. (e)(4)(C). Pub. L. 104–188 substituted “REMIC, or FASIT” for “or REMIC”.
Amendment by section 70302(b)(11) of Pub. L. 119–21 applicable to amounts paid or incurred in taxable years beginning after
Amendment by section 70431(a)(1)–(3), (4)(B), (5) of Pub. L. 119–21 generally applicable to taxable years beginning after
Pub. L. 119–21, title VII, § 70431(b)(4),
Pub. L. 119–21, title VII, § 70431(c)(3),
Pub. L. 114–113, div. Q, title I, § 126(b),
Pub. L. 113–295, div. A, title I, § 136(b),
Pub. L. 112–240, title III, § 324(c), “(1) The amendments made by subsection (a) [amending this section] shall apply to stock acquired after “(2) The amendment made by subsection (b)(1) [amending this section] shall take effect as if included in section 1241(a) of division B of the American Recovery and Reinvestment Act of 2009 [Pub. L. 111–5].“(3) The amendment made by subsection (b)(2) [amending this section] shall take effect as if included in section 2011(a) of the Creating Small Business Jobs Act of 2010 [title II of Pub. L. 111–240].”
Pub. L. 112–240, title III, § 327(d),
Pub. L. 111–312, title VII, § 753(d),
Pub. L. 111–312, title VII, § 760(b),
Pub. L. 111–240, title II, § 2011(c),
Pub. L. 111–5, div. B, title I, § 1241(b),
Amendment by Pub. L. 108–357 effective
Amendment by Pub. L. 106–554 applicable to stock acquired after
Amendment by Pub. L. 104–188 effective
Section applicable to stock issued after
Amendment by section 401(d)(4)(B)(v) of Pub. L. 115–141 not applicable to certain obligations issued, DC Zone assets acquired, or principal residences acquired before
For provisions that nothing in amendment by Pub. L. 115–141 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to
Pub. L. 96–222, title I, § 104(a)(2)(C), “(i) In applying sections [former] 1201(c)(2)(A)(ii) and 1202(c)(1)(B) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] with respect to any pass-through entity, the determination of the period for which gain or loss is properly taken into account shall be made at the entity level.“(ii) For purposes of clause (i), the term ‘pass-through entity’ means—“(I) a regulated investment company,“(II) a real estate investment trust,“(III) an electing small business corporation,“(IV) a partnership,“(V) an estate or trust, and“(VI) a common trust fund.”