U.S Code last checked for updates: Oct 17, 2024
All TitlesTitle 26Subtitle AChapter 1Subchapter CPart IIISubpart B
§ 358.
Basis to distributees
(a)
General rule
In the case of an exchange to which section 351, 354, 355, 356, or 361 applies—
(1)
Nonrecognition property
The basis of the property permitted to be received under such section without the recognition of gain or loss shall be the same as that of the property exchanged—
(A)
decreased by—
(i)
the fair market value of any other property (except money) received by the taxpayer,
(ii)
the amount of any money received by the taxpayer, and
(iii)
the amount of loss to the taxpayer which was recognized on such exchange, and
(B)
increased by—
(i)
the amount which was treated as a dividend, and
(ii)
the amount of gain to the taxpayer which was recognized on such exchange (not including any portion of such gain which was treated as a dividend).
(2)
Other property
(b)
Allocation of basis
(1)
In general
(2)
Special rule for section 355
(c)
Section 355 transactions which are not exchanges
(d)
Assumption of liability
(1)
In general
(2)
Exception
(e)
Exception
(f)
Definition of nonrecognition property in case of section 361 exchange
(g)
Adjustments in intragroup transactions involving section 355
In the case of a distribution to which section 355 (or so much of section 356 as relates to section 355) applies and which involves the distribution of stock from 1 member of an affiliated group (as defined in section 1504(a) without regard to subsection (b) thereof) to another member of such group, the Secretary may, notwithstanding any other provision of this section, provide adjustments to the adjusted basis of any stock which—
(1)
is in a corporation which is a member of such group, and
(2)
is held by another member of such group,
to appropriately reflect the proper treatment of such distribution.
(h)
Special rules for assumption of liabilities to which subsection (d) does not apply
(1)
In general
If, after application of the other provisions of this section to an exchange or series of exchanges, the basis of property to which subsection (a)(1) applies exceeds the fair market value of such property, then such basis shall be reduced (but not below such fair market value) by the amount (determined as of the date of the exchange) of any liability—
(A)
which is assumed by another person as part of the exchange, and
(B)
with respect to which subsection (d)(1) does not apply to the assumption.
(2)
Exceptions
Except as provided by the Secretary, paragraph (1) shall not apply to any liability if—
(A)
the trade or business with which the liability is associated is transferred to the person assuming the liability as part of the exchange, or
(B)
substantially all of the assets with which the liability is associated are transferred to the person assuming the liability as part of the exchange.
(3)
Liability
(Aug. 16, 1954, ch. 736, 68A Stat. 117; Pub. L. 85–866, title I, § 21(a), Sept. 2, 1958, 72 Stat. 1620; Pub. L. 90–621, § 2(a), Oct. 22, 1968, 82 Stat. 1311; Pub. L. 94–253, § 1(b), Mar. 31, 1976, 90 Stat. 296; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95–600, title III, § 365(b), Nov. 6, 1978, 92 Stat. 2855; Pub. L. 100–647, title I, § 1018(d)(5)(B), Nov. 10, 1988, 102 Stat. 3580; Pub. L. 101–508, title XI, § 11801(c)(8)(G), Nov. 5, 1990, 104 Stat. 1388–524; Pub. L. 105–34, title X, § 1012(b)(2), Aug. 5, 1997, 111 Stat. 916; Pub. L. 106–36, title III, § 3001(a)(2), (d)(6), June 25, 1999, 113 Stat. 182, 184; Pub. L. 106–554, § 1(a)(7) [title III, § 309(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–638; Pub. L. 107–147, title IV, § 412(c), Mar. 9, 2002, 116 Stat. 53.)
cite as: 26 USC 358
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