Page:United States Statutes at Large Volume 68A.djvu/239

 C S. 1—NORMAL TAXES AND SURTAXES

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the extent of the earnings and profits (computed without regard to capital losses) of the corporation for the taxable year in which such distribution is made, be treated as a dividend for purposes of computing the dividends paid deduction. (c) PREFERENTIAL DIVIDENDS.—The amount of any distribution

shall not be considered as a dividend for purposes of computing the dividends paid deduction, unless such distribution is pro rata, with no preference to any share of stock as compared with other shares of the same class, and with no preference to one class of stock as compared with another class except to the extent that the former is entitled (without reference to waivers of their rights by shareholders) to such preference. (d) DISTRIBUTIONS BY A M E M B E R OF AN AFFILIATED G R O U P. — I n

the case where a corporation which is a member of an affiliated group of corporations filing or required to file a consolidated return for a taxable year is required to file a separate personal holding company schedule for such taxable year, a distribution by such corporation to another member of the affiliated group shall be considered as a dividend for purposes of computing the dividends paid deduction if such distribution would constitute a dividend under the other provisions of this section to a recipient which is not a member of an affiliated group. SEC. 563. RULES RELATING TO DIVIDENDS PAID AFTER CLOSE OF TAXABLE YEAR. (a) ACCUMULATED EARNINGS T A X. — I n the determination of the

dividends paid deduction for purposes of the accumulated earnings tax imposed by section 531, a dividend paid after the close of any taxable year and on or before the 15th day of the third month following the close of such taxable year shall be considered as paid during such taxable year. (b) PERSONAL HOLDING COMPANY T A X. — I n the determination of the dividends paid deduction for purposes of the personal holding company tax imposed by section 541, a dividend paid after the close of any taxable year and on or before the 15th day of the third month following the close of such taxable year shall, to the extent the taxpayer elects in its return for the taxable year, be considered as paid during such taxable year. The amount allowed as a dividend by reason of the application of this subsection with respect to any taxable year shall not exceed either— (1) The undistributed personal holding company income of the corporation for the taxable year, computed without regard to this subsection, or (2) 10 percent of the sum of the dividends paid during the taxable year, computed without regard to this subsection. (c) DIVIDENDS CONSIDERED AS PAID ON LAST D A Y OF TAXABLE

YEAR.—For the purpose of applying section 562(a), with respect to distributions under subsection (a) or (b) of this section, a distribution made after the close of a taxable year and on or before the 15th day of the third month following the close of the taxable year shall be considered as made on the last day of such taxable year.

§ 563(c)

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