26 USC § 1379 - Transitional rules on enactment

---
identifier: "/us/usc/t26/s1379"
source: "usc"
legal_status: "official_prima_facie"
title: "26 USC § 1379 - Transitional rules on enactment"
title_number: 26
title_name: "INTERNAL REVENUE CODE"
section_number: "1379"
section_name: "Transitional rules on enactment"
chapter_number: 1
chapter_name: "NORMAL TAXES AND SURTAXES"
subchapter_number: "S"
subchapter_name: "Tax Treatment of S Corporations and Their Shareholders"
part_number: "IV"
part_name: "DEFINITIONS; MISCELLANEOUS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 97–354, § 2, Oct. 19, 1982, 96 Stat. 1686; amended Pub. L. 98–369, div. A, title VII, § 721(n), July 18, 1984, 98 Stat. 969.)"
---


# § 1379. Transitional rules on enactment

**(a)** **Old elections** Any election made under section 1372(a) (as in effect before the enactment of the Subchapter S Revision Act of 1982) shall be treated as an election made under section 1362.

**(b)** **References to prior law included** Any references in this title to a provision of this subchapter shall, to the extent not inconsistent with the purposes of this subchapter, include a reference to the corresponding provision as in effect before the enactment of the Subchapter S Revision Act of 1982.

**(c)** **Distributions of undistributed taxable income** January 1, 1983

If a corporation was an electing small business corporation for the last preenactment year, subsections (f) and (d) of section 1375 (as in effect before the enactment of the Subchapter S Revision Act of 1982) shall continue to apply with respect to distributions of undistributed taxable income for any taxable year beginning before .

**(d)** **Carryforwards** If a corporation was an electing small business corporation for the last preenactment year and is an S corporation for the 1st postenactment year, any carryforward to the 1st postenactment year which arose in a taxable year for which the corporation was an electing small business corporation shall be treated as arising in the 1st postenactment year.

**(e)** **Preenactment and postenactment years defined** For purposes of this subsection—

**(1)** **Last preenactment year** January 1, 1983

The term “last preenactment year” means the last taxable year of a corporation which begins before .

**(2)** **1st postenactment year** December 31, 1982

The term “1st postenactment year” means the 1st taxable year of a corporation which begins after .

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**Source Credit**: (Added Pub. L. 97–354, § 2, Oct. 19, 1982, 96 Stat. 1686; amended Pub. L. 98–369, div. A, title VII, § 721(n), July 18, 1984, 98 Stat. 969.)

## Editorial Notes

### References in Text

The enactment of the Subchapter S Revision Act of 1982, referred to in subsecs. (a) to (c), is the enactment of , which was approved .

### Prior Provisions

A prior section 1379, added , , ; amended , , ; , , ; , , , related to certain qualified pension, etc., plans, prior to the general revision of this subchapter by .

### Amendments

1984—Subsec. (b).  struck out “In applying this subchapter to any taxable year beginning after ,” and substituted “Any references in this title to a provision” for “any reference in this subchapter to another provision”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1984 Amendment

Amendment by  effective as if included in Subchapter S Revision Act of 1982, , see , set out as a note under .

### Effective Date

Section applicable to taxable years beginning after , except that this section as in effect before , to remain in effect for years beginning before , see section 6(a), (b)(1) of , set out as a note under .

### Coordination of Repeals of Certain Sections

Subsec. (b) of this section as in effect on day before , inapplicable to any section 401(j) plan, see , set out as a note under .