(a) General rule If for any taxable year a corporation has a net capital gain and any rate of tax imposed by section
11,
511, or
831 (a) or (b) (whichever is applicable) exceeds 35 percent (determined without regard to the last 2 sentences of section
11 (b)(1)), then, in lieu of any such tax, there is hereby imposed a tax (if such tax is less than the tax imposed by such sections) which shall consist of the sum of
(1) a tax computed on the taxable income reduced by the amount of the net capital gain, at the rates and in the manner as if this subsection had not been enacted, plus
(2) a tax of 35 percent of the net capital gain (or, if less, taxable income).
(b) Cross references For computation of the alternative tax
(1) in the case of life insurance companies, see section
801 (a)(2),
(2) in the case of regulated investment companies and their shareholders, see section
852 (b)(3)(A) and (D), and
(3) in the case of real estate investment trusts, see section
857 (b)(3)(A).
