ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

26 U.S.C. § 307Basis of stock and stock rights acquired in distributions

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 280 words · no verdicts yet

in plain englishAI-generated · not legal advice

When a shareholder gets new stock or stock rights as a tax-free stock dividend, the tax basis of the old stock splits between old and new stock. If stock rights are worth less than 15% of the old stock's value, the rights get zero basis instead -- unless the shareholder elects to split the basis.

(a) General rule. If a shareholder gets new stock, or rights to buy new stock, in a tax-free distribution under section 305(a), the basis (cost for tax purposes) of the old stock is split between the old stock and the new stock. Rules the Secretary writes control how to split it. (b) Exception for certain stock rights. (1) If a corporation gives out stock rights in a section 305(a) distribution, and those rights are worth less than 15% of the old stock's value at that time, the splitting rule in (a) does not apply. Instead, the rights get zero basis -- unless the shareholder elects, under (2), to split the basis the normal way instead. (2) To make that election, the shareholder must do so on a timely filed tax return (extensions count) for the year the rights were received, following the Secretary's rules. Once made, the election cannot be undone. (c) Cross reference. For the basis of stock and stock rights given out before June 22, 1954, see section 1052 instead.
the actual law source: uscode.house.gov ↗public domain
(a) General rule

If a shareholder in a corporation receives its stock or rights to acquire its stock (referred to in this subsection as “new stock”) in a distribution to which section 305(a) applies, then the basis of such new stock and of the stock with respect to which it is distributed (referred to in this section as “old stock”), respectively, shall, in the shareholder’s hands, be determined by allocating between the old stock and the new stock the adjusted basis of the old stock. Such allocation shall be made under regulations prescribed by the Secretary.

(b) Exception for certain stock rights
(1) In general

If—

(A)

a corporation distributes rights to acquire its stock to a shareholder in a distribution to which section 305(a) applies, and

(B)

the fair market value of such rights at the time of the distribution is less than 15 percent of the fair market value of the old stock at such time,

then subsection (a) shall not apply and the basis of such rights shall be zero, unless the taxpayer elects under paragraph (2) of this subsection to determine the basis of the old stock and of the stock rights under the method of allocation provided in subsection (a).

(2) Election

The election referred to in paragraph (1) shall be made in the return filed within the time prescribed by law (including extensions thereof) for the taxable year in which such rights were received. Such election shall be made in such manner as the Secretary may by regulations prescribe, and shall be irrevocable when made.

(c) Cross reference

For basis of stock and stock rights distributed before June 22, 1954, see section 1052.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 93; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1834

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

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case