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26 U.S.C. § 1012 — Basis of property—cost

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 612 words · no verdicts yet

in plain englishAI-generated · not legal advice

Property basis is generally its cost, with specified exceptions. The section also sets account and average-basis rules for securities and dividend-reinvestment plans.

(a) In general. Property’s basis is its cost, unless this subchapter or subchapters C, K, or P provides otherwise.

(b) Apportioned real-estate taxes. The cost of real property does not include real-estate taxes treated under section 164(d) as imposed on the taxpayer.

(c) Account-by-account determinations. (1) For selling, exchanging, or otherwise disposing of a specified security on or after the applicable date, the rules in regulations under this section apply separately to each account. (2)(A) Unless (B) applies, stock eligible for an average-basis method and acquired before January 1, 2012, is a separate account from eligible stock acquired on or after that date. (B) A regulated investment company may elect to treat one or more stockholders’ stock as one account. Then (i) (A) does not apply to that stock, and (ii) all of that stock is treated as covered securities under section 6045(g)(3), regardless of acquisition date. A similar rule applies to a broker holding the stock as nominee. (3) “Specified security” and “applicable date” have the meanings given in section 6045(g); this section does not define them.

(d) Average basis for dividend-reinvestment-plan stock. (1) For stock acquired after December 31, 2011, through a dividend reinvestment plan, its basis while held in the plan is determined by a method allowed for regulated-investment-company stock. (2) When such stock is transferred to another account, its cost basis there equals its plan basis immediately before transfer, properly adjusted for transfer fees or charges. (3) Rules similar to subsection (c)(2) apply. Despite paragraph (1), an election under similar rules permits the average-basis method for all such stock regardless of acquisition date. (4) “Dividend reinvestment plan” means an arrangement in which dividends on stock are reinvested in identical stock. Stock is treated as acquired through the plan if acquired under it or if dividends on it are subject to it.

the actual law source: uscode.house.gov ↗public domain
(a) In general

The basis of property shall be the cost of such property, except as otherwise provided in this subchapter and subchapters C (relating to corporate distributions and adjustments), K (relating to partners and partnerships), and P (relating to capital gains and losses).

(b) Special rule for apportioned real estate taxes

The cost of real property shall not include any amount in respect of real property taxes which are treated under section 164(d) as imposed on the taxpayer.

(c) Determinations by account
(1) In general

In the case of the sale, exchange, or other disposition of a specified security on or after the applicable date, the conventions prescribed by regulations under this section shall be applied on an account by account basis.

(2) Application to certain regulated investment companies
(A) In general

Except as provided in subparagraph (B), any stock for which an average basis method is permissible under this section which is acquired before January 1, 2012, shall be treated as a separate account from any such stock acquired on or after such date.

(B) Election for treatment as single account

If a regulated investment company described in subparagraph (A) elects to have this subparagraph apply with respect to one or more of its stockholders—

(i)

subparagraph (A) shall not apply with respect to any stock in such regulated investment company held by such stockholders, and

(ii)

all stock in such regulated investment company which is held by such stockholders shall be treated as covered securities described in section 6045(g)(3) without regard to the date of the acquisition of such stock.

A rule similar to the rule of the preceding sentence shall apply with respect to a broker holding such stock as a nominee.

(3) Definitions

For purposes of this section, the terms “specified security” and “applicable date” shall have the meaning given such terms in section 6045(g).

(d) Average basis for stock acquired pursuant to a dividend reinvestment plan
(1) In general

In the case of any stock acquired after December 31, 2011, in connection with a dividend reinvestment plan, the basis of such stock while held as part of such plan shall be determined using one of the methods which may be used for determining the basis of stock in a regulated investment company.

(2) Treatment after transfer

In the case of the transfer to another account of stock to which paragraph (1) applies, such stock shall have a cost basis in such other account equal to its basis in the dividend reinvestment plan immediately before such transfer (properly adjusted for any fees or other charges taken into account in connection with such transfer).

(3) Separate accounts; election for treatment as single account
(A) In general

Rules similar to the rules of subsection (c)(2) shall apply for purposes of this subsection.

(B) Average basis method

Notwithstanding paragraph (1), in the case of an election under rules similar to the rules of subsection (c)(2)(B) with respect to stock held in connection with a dividend reinvestment plan, the average basis method is permissible with respect to all such stock without regard to the date of the acquisition of such stock.

(4) Dividend reinvestment plan

For purposes of this subsection—

(A) In general

The term “dividend reinvestment plan” means any arrangement under which dividends on any stock are reinvested in stock identical to the stock with respect to which the dividends are paid.

(B) Initial stock acquisition treated as acquired in connection with plan

Stock shall be treated as acquired in connection with a dividend reinvestment plan if such stock is acquired pursuant to such plan or if the dividends paid on such stock are subject to such plan.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 296; Pub. L. 110–343, div. B, title IV, § 403(b), Oct. 3, 2008, 122 Stat. 3857; Pub. L. 113–295, div. A, title II, §§ 210(f)(1)–(3), 220(n), Dec. 19, 2014, 128 Stat. 4031, 4032, 4036.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 2008Amended · Pub. L. 110-343 · 122 Stat. 3857
  • 2014Amended · Pub. L. 113-295 · 128 Stat. 4031, 4032, 4036

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

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