26 U.S.C. § 307 — Basis 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
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.
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*.
If—
a corporation distributes rights to acquire its stock to a shareholder in a distribution to which section 305(a) applies, and
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).
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.
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.)
- 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.
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