Page:United States Statutes at Large Volume 56 Part 1.djvu/893

 77TH CONG. , 2D SESS.-CH. 619-OCT. 21, 1942 graph shall be deductible in the succeeding taxable years in order of time, but the amount so deductible under this sen- tence in any one such succeeding taxable year together with the amount allowable under the first sentence of this subparagraph shall not exceed 15 per centum of the compen- sation otherwise paid or accrued during such taxable year to the beneficiaries under the plan. The term 'stock bonus "stock bonus or or profit-sharing trust', as used in this subparagraph, shall proft aring trust. not include any trust designed to provide benefits upon retirement and covering a period of years, if under the plan the amounts to be contributed by the employer can be deter- mined actuarily as provided in subparagraph (A). If the contributions are made to two or more stock bonus or profit- sharing trusts, such trusts shall be considered a single.trust for the purposes of applying the limitations in this sub- paragraph. "(D) In the taxable year when paid, if the plan is not one included in paragraphs (A), (B), or (C), if the employees' rights to or derived from such employer's con- tribution or such compensation are nonforfeitable at the time the contribution or compensation is paid. "(E) For the purposes of subparagraphs (A), (B), and (C), a taxpayer on the accrual basis shall be deemed to have made a payment on the last day of the year of accrual if the payment is on account of such taxable year and is made within sixty days after the close of the taxable year of accrual. "(F) If amounts are deductible under subparagraphs (A) and (C), or (B) and (C), or (A) (B), and (C), in con- nection with two or more trusts, or one or more trusts and an annuity plan, the total amount deductible in a taxable year under such trusts and plans shall not exceed 25 per centum of the compensation otherwise paid or accrued dur- ing the taxable year to the persons who are the beneficiaries of the trusts or plans. In addition, any amount paid into such trust or under such annuity plans in a taxable year beginning after December 31, 1941, in excess of the amount allowable with respect to such year under the preceding provisions of this subparagraph shall be deductible in the succeeding taxable years in order of time, but the amount so deductible under this sentence in any one such succeeding taxable year together with the amount allowable under the first sentence of this subparagraph shall not exceed 30 per centum of the compensation otherwise paid or accrued during such taxable years to the beneficiaries under the trusts or plans. This subparagraph shall not have the effect of reduc- ing the amount otherwise deductible under subparagraphs (A), (B), and (C), if no employee is a beneficiary under more than one trust, or a trust and an annuity plan. If there is no plan but a method of employer contributions or compensation has the effect of a stock bonus, pension, profit- sharing, or annuity plan, or similar plan deferring the receipt of compensation, this paragraph shall apply as if there were such a plan. "(2) DEDUCTIONS UNDER PRIOR INCOME TAX ACTS.-Any deduc- tion allowable under section 23 (q) of the Revenue Act of 1928 (45 Stat. 802), or the Revenue Act of 1932 (47 Stat. 182), or the Revenue Act of 1934 (48 Stat. 691), under section 23 (p) of the Revenue Act of 1936 (49 Stat. 1661), or the Revenue Act of 85714'° -3- -PT . I- -55 56 STAT.] 865

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