26 U.S.C. § 1257 — Disposition of converted wetlands or highly erodible croplands
submitted 40 years ago by Pub. L. 99-514 to r/title-26-INTERNAL-REVENUE-CODE · 325 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
Any gain on the disposition of converted wetland or highly erodible cropland shall be treated as ordinary income. Such gain shall be recognized notwithstanding any other provision of this subtitle, except that this section shall not apply to the extent such gain is recognized as ordinary income under any other provision of this part.
Any loss recognized on the disposition of converted wetland or highly erodible cropland shall be treated as a long-term capital loss.
For purposes of this section—
The term “converted wetland” means any converted wetland (as defined in section 1201(a)(7) of the Food Security Act of 1985 (16 U.S.C. 3801(7))) held—
by the person whose activities resulted in such land being converted wetland, or
by any other person who at any time used such land for farming purposes.
The term “highly erodible cropland” means any highly erodible cropland (as defined in section 1201(a)(10) of the Food Security Act of 1985 (16 U.S.C. 3801(10))), if at any time the taxpayer* used such land for farming purposes (other than the grazing of animals).
If any land is converted wetland or highly erodible cropland in the hands of any person, such land shall be treated as converted wetland or highly erodible cropland in the hands of any other person whose adjusted basis in such land is determined (in whole or in part) by reference to the adjusted basis of such land in the hands of such person.
Under regulations prescribed by the Secretary*, rules similar to the rules applicable under section 1245 shall apply for purposes of subsection (a). For purposes of sections 170(e) and 751(c), amounts treated as ordinary income under subsection (a) shall be treated in the same manner as amounts treated as ordinary income under section 1245.
Source credit: (Added Pub. L. 99–514, title IV, § 403(a), Oct. 22, 1986, 100 Stat. 2222; amended Pub. L. 108–27, title III, § 302(e)(4)(B)(ii), May 28, 2003, 117 Stat. 764; Pub. L. 115–141, div. U, title IV, § 401(a)(177), (178), Mar. 23, 2018, 132 Stat. 1192.)
- 1986Enacted · Pub. L. 99-514 · 100 Stat. 2222
- 2003Amended · Pub. L. 108-27 · 117 Stat. 764
- 2018Amended · Pub. L. 115-141 · 132 Stat. 1192
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-514 on 1986-10-22.
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