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26 U.S.C. § 1001Determination of amount of and recognition of gain or loss

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 381 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section explains how to calculate gain or loss from disposing of property, what amount is realized, when gain or loss is recognized, and special rules for installment sales and certain term interests.

(a) Gain is the amount realized from selling or otherwise disposing of property minus the property’s adjusted basis used to determine gain under section 1011. Loss is that adjusted basis used to determine loss minus the amount realized. (b) The amount realized is money received plus the fair market value of other property received. Do not count a reimbursement of real-property taxes treated under section 164(d) as imposed on the buyer. Do count real-property taxes treated that way as imposed on the taxpayer when the buyer must pay them. (c) Unless this subtitle provides otherwise, the full gain or loss calculated under this section is recognized. (d) For property sold under an installment-payment contract, this section does not prevent taxing the gain portion of each installment in the year that payment is received. (e)(1) When calculating gain or loss from disposing of a term interest in property, disregard the part of the interest’s adjusted basis that comes from section 1014, 1015, or 1041, to the extent that basis is part of the property’s total adjusted basis. (2) “Term interest in property” means a life interest, an interest for a term of years, or an income interest in a trust. (3) Paragraph (1) does not apply when the transaction transfers the entire property interest to one or more persons.
the actual law source: uscode.house.gov ↗public domain
(a) Computation of gain or loss

The gain from the sale or other disposition of property shall be the excess of the amount realized therefrom over the adjusted basis provided in section 1011 for determining gain, and the loss shall be the excess of the adjusted basis provided in such section for determining loss over the amount realized.

(b) Amount realized

The amount realized from the sale or other disposition of property shall be the sum of any money received plus the fair market value of the property (other than money) received. In determining the amount realized—

(1)

there shall not be taken into account any amount received as reimbursement for real property taxes which are treated under section 164(d) as imposed on the purchaser, and

(2)

there shall be taken into account amounts representing real property taxes which are treated under section 164(d) as imposed on the taxpayer if such taxes are to be paid by the purchaser.

(c) Recognition of gain or loss

Except as otherwise provided in this subtitle, the entire amount of the gain or loss, determined under this section, on the sale or exchange of property shall be recognized.

(d) Installment sales

Nothing in this section shall be construed to prevent (in the case of property sold under contract providing for payment in installments) the taxation of that portion of any installment payment representing gain or profit in the year in which such payment is received.

(e) Certain term interests
(1) In general

In determining gain or loss from the sale or other disposition of a term interest in property, that portion of the adjusted basis of such interest which is determined pursuant to section 1014, 1015, or 1041 (to the extent that such adjusted basis is a portion of the entire adjusted basis of the property) shall be disregarded.

(2) Term interest in property defined

For purposes of paragraph (1), the term “term interest in property” means—

(A)

a life interest in property,

(B)

an interest in property for a term of years, or

(C)

an income interest in a trust.

(3) Exception

Paragraph (1) shall not apply to a sale or other disposition which is a part of a transaction in which the entire interest in property is transferred to any person or persons.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 295; Pub. L. 91–172, title II, § 231(c)(2), title V, § 516(a), Dec. 30, 1969, 83 Stat. 579, 646; Pub. L. 94–455, title XIX, § 1901(a)(121), Oct. 4, 1976, 90 Stat. 1784; Pub. L. 95–600, title VII, § 702(c)(9), Nov. 6, 1978, 92 Stat. 2928; Pub. L. 96–223, title IV, § 401(a), Apr. 2, 1980, 94 Stat. 299; Pub. L. 98–369, div. A, title IV, § 421(b)(4), July 18, 1984, 98 Stat. 794; Pub. L. 103–66, title XIII, § 13213(a)(2)(E), Aug. 10, 1993, 107 Stat. 474.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1969Amended · Pub. L. 91-172 · 83 Stat. 579, 646
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1784
  • 1978Amended · Pub. L. 95-600 · 92 Stat. 2928
  • 1980Amended · Pub. L. 96-223 · 94 Stat. 299
  • 1984Amended · Pub. L. 98-369 · 98 Stat. 794
  • 1993Amended · Pub. L. 103-66 · 107 Stat. 474

A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.

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