§ 854 — Limitations Applicable To Dividends Received From Regulated Investment Company

(a) For purposes of section 1(h)(11) (relating to maximum rate of tax on dividends) and section 243 (relating to deductions for dividends received by corporations), a capital gain dividend (as defined in section 852(b)(3)) received from a regulated investment company shall not be considered as a dividend. (A) In any case in which— (i) a dividend is received from a regulated investment company (other than a dividend to which subsection (a) applies), and (ii) such investment company meets the requirements of section 852(a) for the taxable year during which it paid such dividend, (i) In any case in which— (I) a dividend is received from a regulated investment company (other than a dividend to which subsection (a) applies), (II) such investment company meets the requirements of section 852(a) for the taxable year during which it paid such dividend, and (III) the qualified dividend income of such investment company for such taxable year is less than 95 percent of its gross income, (ii) For purposes of clause (i), in the case of 1 or more sales or other dispositions of stock or securities, the term “gross income” includes only the excess of— (I) the net short-term capital gain from such sales or dispositions, over (II) the net long-term capital loss from such sales or dispositions. (i) The aggregate amount which may be reported as dividends under subparagraph (A) shall not exceed the aggregate dividends received by the company for the taxable year. (ii) The aggregate amount which may be reported as qualified dividend income under subparagraph (B) shall not exceed the sum of— (I) the qualified dividend income of the company for the taxable year, and (II) the amount of any earnings and profits which were distributed by the company for such taxable year and accumulated in a taxable year with respect to which this part did not apply. (2) For purposes of this subsection— (A) In computing the amount of aggregate dividends received, there shall only be taken into account dividends received from domestic corporations. (B) For purposes of subparagraph (A), the term “dividend” shall not include any distribution from— (i) a corporation which, for the taxable year of the corporation in which the distribution is made, or for the next preceding taxable year of the corporation, is a corporation exempt from tax under section 501 (relating to certain charitable, etc., organizations) or section 521 (relating to farmers’ cooperative associations), or (ii) a real estate investment trust which, for the taxable year of the trust in which the dividend is paid, qualifies under part II of subchapter M (section 856 and following). (C) In determining the amount of any dividend for purposes of this paragraph, a dividend received from a regulated investment company shall be subject to the limitations prescribed in this section. (3) For purposes of subparagraph (A) of paragraph (1), an amount shall be treated as a dividend for the purpose of paragraph (1) only if a deduction would have been allowable under section 243 to the regulated investment company determined— (A) as if section 243 applied to dividends received by a regulated investment company, (B) after the application of section 246 (but without regard to subsection (b) thereof), and (C) after the application of section 246A. (4) For purposes of this subsection, the term “qualified dividend income” has the meaning given such term by section 1(h)(11)(B).