A regulated investment company (RIC) is a type of domestic corporation that makes an election to be treated as a RIC and satisfies certain requirements as to income and assets. A RIC must be a corporation that has either (a) registered under the Investment Company Act of 1940 or (b) elected to be treated as a business development company.
A RIC may also be a common trust fund (or similar fund) that is not included in the definition of common trust fund under IRC Section 584(a).
To be taxed as a RIC, the RIC must affirmatively make an election with its tax return by computing taxable income as a RIC.
3 To qualify to make this election, the corporation must have been taxed as a RIC for all tax years ending on or after November 8, 1983, or it must have no earnings and profits from any year in which it was not taxed as a RIC.
4 Practically, this means that most corporations seeking to qualify for RIC status will need to make distributions out of accumulated earnings and profits in order to comply.
5 Once a corporation elects RIC treatment, the election is irrevocable for the initial and succeeding tax years.
6 Further, to qualify as a RIC, the corporation must satisfy a gross income test (
see Q
7923 and Q
7924) and certain asset diversification tests ( Q
7926 and Q
7927). A RIC must also comply with income distribution requirements (
see Q
7928) in order to maintain its qualification.
For information on the tax treatment of a qualified RIC,
see Q
7929. For a discussion of how RIC shareholders are taxed upon the distribution of dividends,
see Q
7933 to Q
7935.
1. IRC § 851(a)(1).
2. IRC § 851(a)(2).
3. IRC § 851(b)(1), Treas. Reg. § 1.851-2(a).
4. IRC § 852(a)(2).
5. IRC § 852(c)(3).
6. Treas. Reg. § 1.851-2(a).