Page:United States Statutes at Large Volume 75.djvu/263

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[75 Stat. 223]
[75 Stat. 223]
PUBLIC LAW 87-000—MMMM. DD, 1961

76 S T A T. ]

PUBLIC LAW 87-109-JULY 26, 1961

paid dues income in the trade or business. Such election shall be made not later than the time prescribed by law for filing the return for the taxable year (including extensions thereof) with respect to which such election is made. "(4) PERIOD TO WHICH ELECTION APPLIES.—An election under this section shall be effective for the taxable year with respect to which it is first made and for all subsequent taxable years, unless the taxpayer secures the consent of the Secretary or his delegate to the revocation of such election. For purposes of this title, the computation of taxable income under an election made under this section shall be treated as a method of accounting. "(d)

TRANSITIONAL RULE. — "(1) AMOUNT INCLUDIBLE I N

GROSS INCOME FOR ELECTION

YEARS.—If a taxpayer makes an election under this section with respect to prepaid dues income, such taxpayer shall include in gross income, for each taxable year to which such election applies, not only that portion of prepaid dues income received in such year otherwise includible in gross income for such year under this section, but shall also include in gross income for such year an additional amount equal to the amount of prepaid dues income received in the 3 taxable years preceding the first taxable year to which such election applies which would have been included in gross income in the taxable year had the election been effective 3 years earlier. "(2)

DEDUCTIONS OF AMOUNTS INCLUDED I N INCOME MORE THAN

ONCE.—A taxpayer who makes an election with respect to prepaid dues income, and who includes in gross income for any taxable year to which the election applies an additional amount computed under paragraph (1), shall be permitted to deduct, for such taxable year and for each of the 4 succeeding taxable years, an amount equal to one-fifth of such additional amount, but only to the extent that such additional amount was also included in the taxpayer's gross income during any of the 3 taxable years preceding the first taxable year to which such election applies. " (e) DEFINITIONS.—For purposes of this section— "(1) PREPAID DUES INCOME.—The term 'prepaid dues income' means any amount (includible in gross income) which is received by a membership organization in connection with, and is directly attributable to, a liability to render services or make available membership privileges over a period of time which extends beyond the close of the taxable year in which such amount is received. "(2) LIABILITY.—The term 'liability' means a liability to render services or make available membership privileges over a period of time which does not exceed 36 months, which liability shall be deemed to exist ratably over the period of time that such services are required to be rendered, or that such membership privileges are required to be made available. "(3) MEMBERSHIP ORGANIZATION.—The term 'membership organization' means a corporation, association, federation, or other organization— " (A) organized without capital stock of any kind, and " (B) no part of the net earnings of which is distributable to any member. "(4) RECEIPT OP PREPAID DUES INCOME.—Prepaid dues income shall be treated as received during the taxable year for which it is includible in gross income under section 451 (without regard to this section)."

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