Reg. § 1.1374-1 General rules and definitions.
(a) Computation of tax The tax imposed on the income of an S corporation by section for any taxable year during the recognition period is computed as follows—
(1) Step One: Determine the net recognized built-in gain of the corporation for the taxable year under section and ;
(2) Step Two: Reduce the net recognized built-in gain (but not below zero) by any net operating loss and capital loss carryforward allowed under section and ;
(3) Step Three: Compute a tentative tax by applying the rate of tax determined under section for the taxable year to the amount determined under of this section;
(4) Step Four: Compute the final tax by reducing the tentative tax (but not below zero) by any credit allowed under section and .
(b) Anti-trafficking rules If section , , or would have applied to limit the use of a corporation's recognized built-in loss or section attributes at the beginning of the first day of the recognition period if the corporation had remained a C corporation, these sections apply to limit their use in determining the S corporation's pre-limitation amount, taxable income limitation, net unrealized built-in gain limitation, deductions against net recognized built-in gain, and credits against the section tax.
(c) Section 1374 attributes Section attributes are the loss carryforwards allowed under section as a deduction against net recognized built-in gain and the credit and credit carryforwards allowed under section as a credit against the section tax.
(d) Recognition period The recognition period is the 10-year (120-month) period beginning on the first day the corporation is an S corporation or the day an S corporation acquires assets in a section transaction. For example, if the first day of the recognition period is July 14, 1996, the last day of the recognition period is July 13, 2006. If the recognition period for certain assets ends during an S corporation's taxable year (for example, because the corporation was on a fiscal year as a C corporation and changed to a calendar year as an S corporation or because an S corporation acquired assets in a section transaction during a taxable year), the S corporation must determine its pre-limitation amount (as defined in ) for the year as if the corporation's books were closed at the end of the recognition period.
(e) Predecessor corporation For purposes of section , if the basis of an asset of the S corporation is determined (in whole or in part) by reference to the basis of the asset (or any other property) in the hands of another corporation, the other corporation is a predecessor corporation of the S corporation.
[T.D. 8579, 59 FR 66463, Dec. 27, 1994]