- 4 - asset value accrued prior to conversion from C to S corporation status. H. Conf. Rept. 99-841 (Vol. II), at II-203 (1986), 1986- 3 C.B. (Vol. 4) 1, 203; see also sec. 1374(d)(3)(B). I. Transition Rule The TRA provides a transition rule applicable to certain small corporations with values of up to $10 million (i.e., qualified corporations). See TRA sec. 633(d). The TRA section 633(d) transition rule states, in paragraph (1), that “the amendments made by this subtitle shall not apply to the applicable percentage of each gain or loss which (but for this paragraph) would be recognized * * * by reason of the amendments made by this subtitle.” TRA sec. 633(d)(1), as amended by Technical and Miscellaneous Revenue Act of 1988 (TAMRA), Pub. L. 100-647, sec. 1006(g)(3), 102 Stat. 3407. The transition rule further states that “Paragraph (1) shall not apply to” ordinary and short-term capital gains. TRA sec. 633(d)(2), 100 Stat. 2279. Thus, the transition rule provides that, if a qualified corporation sells assets, long-term capital gain is subject to prior section 1374, while ordinary and short-term capital gains are subject to section 1374, as amended. See TRA sec. 633(d)(1), (d)(2). The transition rule is applicable “in the case of a qualified corporation which makes an election to be an S corporation under section 1362 * * * before January 1, 1989,Page: Previous 1 2 3 4 5 6 7 Next
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